DAILY DIGEST, 7/6: CA missing an entire year of rainfall since mid-2019; Why no simple solutions to CA’s water problem; Farmers reject a fee to pay off their share of Friant-Kern repairs; Ensuring water conservation and efficiency programs are accessible to all; and more …


On the calendar today …

  • PUBLIC MEETING: Salton Sea Long Range Plan Committee from 9:30am to 12:00pm. The Long Range Plan Committee will meet on Wednesday, July 6, from 9:30 a.m. to 12:00 p.m. for a virtual meeting on Zoom to discuss updates and get feedback on the development of the Long-Range Plan. This meeting will be open to the public and are encouraged to participate during the public comment period.  Please click to join the webinar:https://bit.ly/ssmpLRPcommittee
  • LUNCH-MAR: The connection between Flood-MAR and an executive order from 12:30pm to 1:00pm.  The connection between flood-managed aquifer recharge (Flood-MAR) and Governor Newsom’s Executive Order N-7-22 will be discussed at the next Lunch-MAR meeting on Wednesday, July 6. The executive order was issued in March and includes State agency actions for responding to the drought. The meeting will cover the potential implications for Flood-MAR projects.  Click here to register.
  • WEBINAR: Lunch & Learn: The Future of Climate Policy after West Virginia v. EPA from 1pm to 2pm.  The Supreme Court’s recent decision in West Virginia v. EPA has significant implications for federal climate change efforts, environmental regulation, and the power of federal agencies. Join CLEE and Berkeley Law environmental and energy faculty for a discussion of what the Court said, the immediate impacts of the ruling, and where U.S. climate policy goes from here.Click here to register.

In California water news today …

California is missing an entire year of rainfall since mid-2019, new figures show

California’s water issues may be complicated. But the rainfall shortage driving the state’s current drought comes down to basic math.  “In most places we are missing an entire year of rain over the past three years,” said Jan Null, a meteorologist with Golden Gate Weather Services in Half Moon Bay. “It’s like if you worked three years but only got paid for two. You are going to be hurting.”  Over the three-year period that ended June 30, most Northern California cities received only about half to two-thirds of their historical average rainfall, according to data that Null compiled. And each passing year without soaking winter rains has been steadily drying the state out a little more — further dropping reservoirs, parching soils and forests and depleting groundwater. … ”  Read more from the San Jose Mercury News here: California is missing an entire year of rainfall since mid-2019, new figures show

There are no simple solutions to California’s complicated water problem. This is why

Fritz Durst, a farmer in Yolo County, didn’t receive enough water from the federal government to plant a rice crop this spring. But the feds did give him a consolation prize.  In March the U.S. Environmental Protection Agency invited the backers of Sites Reservoir — a mammoth water storage project in the Sacramento Valley that’s being personally led by Durst — to apply for a $2.2 billion construction loan. The loan is far from a done deal, but the invitation means the EPA is seriously interested in backing the project, bringing Sites tantalizingly close to reality after years of planning. “I was ecstatic. We finally convinced people this was a worthy project,” said Durst, chairman of the Sites Project Authority. But the reservoir, planned for a spot straddling the Glenn-Colusa county line, 10 miles west of the Sacramento River, won’t dig California out of its current mega-drought. … ”  Read more from the Sacramento Bee here: There are no simple solutions to California’s complicated water problem. This is why

Officials visit key water infrastructure sites in California amid extreme drought

Deputy Assistant Secretary for Water and Science Gary Gold and Deputy Commissioner for the Bureau of Reclamation Michael Brain recently participated in a four-day visit to Northern and Central California. Officials toured key sites and met with Central Valley Project water contractors, state and local officials, and Reclamation staff to discuss near-term and long-term solutions related to CVP operations, habitat restoration, and expanded storage and conveyance projects amid the state’s historic drought.  During the visit, officials toured Friant Dam and received an overview of operations followed by a site visit of construction activities for the Friant-Kern Canal Capacity Correction Project. In January, Reclamation, the Friant Water Authority, and the California Department of Water Resources broke ground on a $187 million construction project to restore capacity in a 10-mile portion of the Friant-Kern Canal. … ”  Read more from the Bureau of Reclamation here:  Officials visit key water infrastructure sites in California amid extreme drought

Farmers who helped sink the Friant-Kern Canal reject a fee to pay off their share of the fix

Farmers in southern Tulare County on June 30 soundly rejected a proposed land fee that would have helped pay a lump sum settlement of  $125 million toward fixing the Friant-Kern Canal, which has sunk because of excessive groundwater pumping.  The Eastern Tule Groundwater Sustainability Agency agreed in 2020 to pay a portion of the cost to repair the canal to Friant Water Authority.  Eastern Tule covers about 162,000 acres, of which 86,000 acres are white lands, which are outside irrigation districts and rely exclusively on groundwater. Pumping in those white lands has been fingered as a main culprit for the subsidence that sank a 33-mile section of the Friant-Kern Canal from about Pixley south to the Kern County line. … ”  Read more from SJV Water here: Farmers who helped sink the Friant-Kern Canal reject a fee to pay off their share of the fix

California pistachio growers face more water challenges

The next six weeks, California pistachios will be on close watch around how much–if any, the current drought in the state is affecting its growth or “nut fill.”  Right now and through July is the nut fill period in which pistachios, which form their shells first, fill up inside with a viable nut. “This is a very critical time period for irrigation,” says Richard Matoian, president of the American Pistachio Growers in Fresno, California. “If you don’t have enough irrigation water available during the nut fill period, the tree will not fully form the nut inside that shell.” … ”  Read more from Fresh Plaza here: California pistachio growers face more water challenges

Ensuring water conservation and efficiency programs are accessible to all—in California and beyond

Californians and others in the Western United States need to save water. This is true now amidst a historic megadrought, and it will continue to be true when this drought ends.  But many water conservation and efficiency programs aren’t accessible to low-income households. This is in a nation where, in 2020, 18.4% of households earned less than $25,000 per year, which is just under the federal poverty level for a household of four people. Research has shown that hard-to-reach groups, such as renters or low-income families, are less likely to participate in these programs.  This challenge is worth tackling. Making such programs more widely accessible would both help those struggling to afford their utility bills and save water.… ”  Read more from the Pacific Institute here: Ensuring water conservation and efficiency programs are accessible to all—in California and beyond

California Dept. of Fish and Wildlife announces enforcement for illegal cannabis growing season

The California Department of Fish and Wildlife (CDFW), Department of Cannabis Control (DCC) and State Water Resource Board (SWRCB) announced in a press release on July 1 that it would be collectively authorizing enforcement teams for the 2022 cannabis growing season. This is an annual announcement, as the CDFW also announced its preparation for the 2021 growing season in July last year.  This effort is funded by Proposition 64 which enables these government agencies to focus on protecting “priority watersheds and areas with sensitive habitat and/or threatened or endangered species.” The agencies will work with local county, state, and federal groups to ensure enforcement is properly handled. … ”  Read more from High Times here: California Dept. of Fish and Wildlife announces enforcement for illegal cannabis growing season

President Biden’s bipartisan infrastructure law to help safeguard water supplies in 12 states and Puerto Rico

The Department of the Interior today announced a $36.1 million investment, including $26.7 million in Bipartisan Infrastructure Law funds, to safeguard local water supplies in the wake of record drought across the West.  Twenty-seven projects in 12 states and the first-ever in Puerto Rico will be awarded funding to advance quantifiable and sustained water savings by protecting watersheds impacted by wildland fire, restoring aquatic habitats and stream beds, and advancing other environmental restoration projects to mitigate drought-related impacts. These investments will be leveraged through partnerships with local communities to address regional water challenges, including projects to address damage left by the Caldor Fire in California and Hurricane Maria in Puerto Rico. These funds follow a $25.5 million investment announced last month allocated for 14 water efficiency projects across eight western states. … ”  Read more from the Department of Interior here: President Biden’s bipartisan infrastructure law to help safeguard water supplies in 12 states and Puerto Rico

Reclamation, DWR break ground on second phase of “Big Notch” Fish Passage Project

When the flood protection plan for Sacramento was conceived and constructed, the aim was to divert Sacramento River flood flows away from the city. The plan was successful, but it did not provide much for the needs of  fish that migrate through the floodplain to connect with the river channel.  That conundrum began to change more than a decade ago as the biological opinion for operation of the Central Valley Project and State Water Project identified improved fish passage at Fremont Weir as a means to help fish such as chinook salmon, steelhead and Sacramento River green sturgeon find their way downstream and back again. … ”  Read more from the Bureau of Reclamation here: Reclamation, DWR break ground on second phase of “Big Notch” Fish Passage Project

Blog: Yolo Flyway Farms Tidal Wetland Restoration Project

The Yolo Flyway Farms project is a new element of the state’s EcoRestore program to fulfill requirements of federal biological opinions for the State Water Project and Central Valley Project. The 300-acre tidal wetland restoration project is located in the southern Yolo Bypass in what is commonly referred to as the Cache Slough Complex (Figure 1). The Project’s design entails allowing tidal access to excavated upland irrigated pasture land by opening levees along Prospect Slough (Figure 2). The Project is in a known area of concentration for Delta smelt as determined by nearby CDWR screw trap sampling in Prospect Slough (Figure 3). Project sponsors submitted a certification of consistency with the Delta Plan to the Delta Stewardship Council.  Are such projects in the best interest of the Delta smelt population? A close look at project attributes may help answer the question. … ”  Continue reading at the California Fisheries blog here: Blog: Yolo Flyway Farms Tidal Wetland Restoration Project

Caviar kingpins of Contra Costa? Major law enforcement operation exposes black market for California delicacy

Since November 2020, investigators with the California Department of Fish and Wildlife have installed GPS trackers on cars, conducted nighttime stakeout surveillance operations, spied on Facebook accounts and traced wire transactions connected to what they describe as a major investigation into the state’s caviar black market.  The 18-month effort paid off: Eight people have been arrested this year on suspicion of illegal fishing and other violations, and prosecutors in Contra Costa County are preparing to file criminal charges against several others, according to court records. Authorities have identified people believed to be illegally fishing sturgeon from the Carquinez Strait and Sacramento River, as well as middlemen who buy the roe, convert it into caviar, and sell it to customers under the counter.  The suspects called sturgeon roe “black gold,” and it sold for around $150 a pound — a massive discount compared to restaurant prices, which can reach around $100 per ounce. … ”  Read more from the San Jose Mercury News here: Caviar kingpins of Contra Costa? Major law enforcement operation exposes black market for California delicacy

New study says decrease in salmon threatens killer whales

Southern Resident killer whales have not had enough food for several years, which could affect their already small numbers, according to a study by the University of British Columbia.  Researchers looked at requirements and availability of prey for Northeastern Pacific Southern Resident killer whales. The study found a fluctuating level of salmon from spawning areas on rivers had a detrimental effect on killer whale health, threatening a small and fragile group of whales, the Bellingham Herald reported.  “It really appears like they cannot take (many) more rough years,” said Fanny Couture, lead researcher for the study. ... ”  Read more from OPB here: New study says decrease in salmon threatens killer whales

Even in the 9th Circuit, merely conveying contaminated groundwater isn’t “transportation” of a “solid waste”

Just before the July 4th holiday, two Judges on a Ninth Circuit panel reversed their earlier conclusion that conveying contaminated groundwater can give rise to RCRA liability for the “transportation” of a “solid waste”.  The panel now agrees that the City of Vacaville’s mere conveyance of drinking water contaminated by someone else is not something Congress intended to criminalize (or make subject to civil penalties) in RCRA.  The two Judges reiterated their view that the contaminated groundwater does fall within RCRA’s definition of “solid waste”. … ”  Continue reading at JD Supra here: Even in the 9th Circuit, merely conveying contaminated groundwater isn’t “transportation” of a “solid waste”

Responsible agency under CEQA must make express findings as to each potentially significant impact identified in lead agency’s EIR

The Court of Appeal held that the City of Mount Shasta violated CEQA by approving a wastewater permit for a water bottling plant without making specific findings as to each potentially significant impact identified as required by Pub. Res. Code section 21081. The City’s determination that there were “no unmitigated adverse environmental impacts relating to the alternate waste discharge disposal methods” was insufficient to comply with CEQA. We Advocate Through Environmental Review v. City of Mt. Shasta, 78 Cal. App. 5th 629 (2022).  Crystal Geyser Water Company purchased a defunct water bottling plant in Siskiyou County and sought to reopen it. It applied for a permit from the City to allow the plant to discharge wastewater into the city’s sewer system, which the City granted. The County of Siskiyou served as the lead agency and prepared an EIR for the reopened bottling plant, and the City served as one of several responsible agencies. An environmental group and a local Indian tribe filed petitions for writ of mandate challenging the City’s approval of the wastewater discharge permit, arguing that the City failed to make certain findings under CEQA. … ”  Continue reading at the California Land Use & Development Law Report here: Responsible agency under CEQA must make express findings as to each potentially significant impact identified in lead agency’s EIR

An enduring oak mystery: synchronized acorn booms

Fall 1983 brought hard times to acorn woodpeckers in upper Carmel Valley. For the first year since I’d begun studying these group-living birds, as a UC Berkeley graduate student a decade earlier, none of the oaks at our study site bore more than a pathetically poor acorn crop. Twenty-four of the 34 acorn woodpecker groups we were following—over 120 painstakingly banded birds—abandoned their territories, leaving a small fraction of individuals to eke out a living over the winter. It was apparently the end of the study, and possibly of my hopes for a degree. But then, the following spring, nearly all the abandoned territories—each roughly seven to 20 acres of oak woodland with one or more granaries in which the birds store acorns—were recolonized, mostly by former group members. We knew why they’d left: there were no acorns to store or eat during the cold, rainy winter months. But where had they gone? How far had they flown to find acorns to eat? And why had the acorn crop failed to begin with? … ”  Read more from Bay Nature here:  An enduring oak mystery: synchronized acorn booms

Yosemite National Park logging project halted after environmental lawsuit. What now?

A controversial logging project that could permit thousands of trees as large as 20 inches in diameter to be felled throughout nearly 2,000 acres in Yosemite National Park has, at least temporarily, been stalled. The halt comes after a lawsuit filed last month by the John Muir Project — a conservation group that’s part of Berkeley-based nonprofit Earth Island Institute — against Yosemite National Park for allegedly conducting a commercial logging project without proper environmental analysis or sharing crucial documents with the public. … ”  Read more from the Sacramento Bee here: Yosemite National Park logging project halted after environmental lawsuit. What now? | Read via Yahoo News

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In commentary today …

State’s leaders must change water agreements to reflect climate realities

Tom Stokely, member of the board of the California Water Impact Network, writes, “California’s once-abundant salmon runs are on the verge of collapse. That’s a tragedy, but this story is bigger than the extinction of an iconic fish that once fed millions of people and was the basis of thriving commercial, tribal and sport fisheries. Salmon (to mix zoological metaphors) are the canary in the coal mine for California’s water and power ratepayers.  Our salmon are flirting with extinction because they’re not getting the cold water they need to survive. Over the last few decades, that water mostly has been supplied from Shasta Dam on the Sacramento River, other dams on Sacramento and San Joaquin river tributaries, and Trinity Dam on the Trinity and Klamath river system. These rivers comprise the state’s remaining salmon strongholds.  The ongoing drought and resource mismanagement, however, have left such cold water in short supply. … ”  Continue reading at Cal Matters here: State’s leaders must change water agreements to reflect climate realities

Sites Authority closing in on fulfilling water promise

Fritz Durst, a Yolo County farmer and chairman of the Sites Joint Power Authority, writes, “Preparing for drought is an everyday part of life for every Californian. Water conservation and efficient water management are now, and will continue to be, the focus for everyone as drought becomes more persistent in the state. This could not be truer for our state’s farmers and agriculture industry.  We are fortunate to live in a portion of the nation capable of producing more than a third of the country’s vegetables and two-thirds of the country’s fruits and nuts. However, impacts of a changing climate, including less snowpack and extreme drought like the one we are in today, and challenges related to the Sustainable Groundwater Management Act are causing farmers to fallow once-productive fields and experience the financial hardships as a $50 billion industry continues to decline. … ”  Read more from Ag Alert here: Sites Authority closing in on fulfilling water promise

That California owns its water doesn’t mean that the state can just take it back without paying for it

Richard McCann, economist with M-Cubed, writes, “The researchers at the UC Davis Center for Watershed Sciences wrote an insightful blog on “Considerations for Developing An Environmental Water Right in California.” However one passage jumped out at me that has troubling economic implications:  ‘The potential for abuse is particularly troubling when the State is using public funds to buy water, which technically belongs to the people of the state and which the State can already regulate to achieve the same aims.’  It’s not helpful to refer to the fiction that the somehow the state can award water rights ... ”  Continue reading at Economics Outside the Cube here: That California owns its water doesn’t mean that the state can just take it back without paying for it

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Today’s featured article …

FEATURE: Knocking Out Yellow Starthistle Can Boost Water Supplies

The treated side (left) has almost no yellow starthistle while the untreated side (right) is choked by the gray-green weed – credit Joseph DiTomaso

Written exclusively for Maven’s Notebook by Robin Meadows

The litany of harms from yellow starthistle, California’s most aggressive invasive weed with as many as 15 million acres infested, ranges from crowding out native plants to becoming so spiny livestock stop eating it. New research adds sucking the land dry to that list.   “Yellow starthistle creates artificial drought,” says UC Davis weed specialist Joseph DiTomaso, who co-led the study.

DiTomaso first suspected yellow starthistle of being a water hog 20 years ago, when he noticed that lands overrun by this noxious weed had no oak seedlings. He surmised this was because yellow starthistle sinks its roots astonishingly deep into the soil — up to eight feet compared to about 1.5 feet for annual grasses — and drinks all the water it can reach.

Click here to read this article.

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In regional water news and commentary today …

NORTH COAST

A conversation with Bureau of Reclamation Commissioner Camille Touton about the Klamath Basin

Last week, U.S. Bureau of Reclamation Commissioner Camille Touton, who leads the federal agency that oversees water management in 17 Western states, traveled through Oregon and California, visiting projects and meeting with concerned communities. Touton started her week in the Klamath Basin and ended it near the California-Mexico border. Thursday, she sat down for an exclusive virtual interview with the Capital Press. The conversation centered on a major theme: The West likely isn’t getting any more water, so what is Reclamation’s plan for better managing the water the region does get? … ”  Read more from Herald & News here: A conversation with Bureau of Reclamation Commissioner Camille Touton about the Klamath Basin

Wednesday marks one year since Bootleg fire in Klamath county, third largest in state history

The 2021 Bootleg fire ripped through much of Klamath and Lake counties – destroying more than 400 structures, and provided an uphill battle against firefighters.  The fire started on Fuego Mountain in the Freemont Winema National Forest on July 6th, 2021. It was sparked following a lightning storm in the area 10 days prior.  “It was a long fight,” Jennifer Case, spokeswoman with the Oregon Department of Forestry Klamath/Lake district, told NBC5 Tuesday. “It was unusual to see a fire grow that fast, but the conditions were set up for a large incident.” … ”  Read more from KOBI 5 here: Wednesday marks one year since Bootleg fire in Klamath county, third largest in state history

NAPA/SONOMA

Eleven miles of Eel River corridor, Lake Pillsbury basin protected under conservation easement

Between talk of a widely reviled Coal Train and continued uncertainty over Pacific Gas & Electric’s Potter Valley hydroelectric plant, the future of the Eel River has been a source of profound anxiety over the past year.  But there’s some good news with the announcement that 5,620 acres of remote wilderness along 11 miles of the river between Lake Pillsbury and the Potter Valley Project are now permanently under a conservation easement held by the Mendocino Land Trust.  The easement includes the Lake Pillsbury basin and shoreline, as well as the property around the power plant, in addition to what the land trust describes as “a wide area on either side of the river” in proximity to the Mendocino National Forest. … ”  Read more from the Santa Rosa Press Democrat here: Eleven miles of Eel River corridor, Lake Pillsbury basin protected under conservation easement

Virtual town hall on drought to update long-range weather forecast, impacts on Russian River, parks

Sonoma County officials and environmental leaders will present an update on the drought and its impacts on Sonoma County during a virtual town hall meeting at 4 PM on Thursday, July 7, 2022, the third in its series of monthly public forums on the drought.  Hosted by Sonoma County Supervisor Lynda Hopkins, the town hall will feature a panel of experts reporting on current drought conditions, the latest long-range weather forecast, and the impact of the drought on Russian River water quality, recreation and the county’s regional park system. … ”  Read more from Sonoma County here: Virtual town hall on drought to update long-range weather forecast, impacts on Russian River, parks

BAY AREA

Column: Bon Air Bridge project shows ridiculous extent of environmental constraints

Columnist Dick Spotswood writes, “The mighty chasm has been bridged. After four years of construction, Larkspur’s Bon Air Bridge across Corte Madera Creek is virtually complete and open to traffic.  In the 1930s, it took four years and four months to build the 1.7 mile-long engineering marvel across the Golden Gate.  Bon Air Bridge’s timeline is typical of the regulatory morass America has created when it builds anything. Blame doesn’t lie with the City of Larkspur, its engineers or construction contractors. … ”  Read more from the Marin Independent Journal here: Bon Air Bridge project shows ridiculous extent of environmental constraints

Here’s why thousands of anchovies washed up dead in a Bay Area lagoon

The thousands of anchovies that piled up on the eastern shore of Bolinas Lagoon in Marin County last week created a strange, disturbing image, but were most likely part of a natural cycle, scientists say.  On June 26, a resident first noticed that the side of the lagoon was piled with the tiny silver fish, in a band several feet thick. Anchovies swim in schools, and the theory is that a large one was been pushed into the lagoon by birds and then trapped by its sand bar. With so many fish stuck in a relatively small body of water, there wasn’t enough oxygen, which killed the fish and stranded them on shore, said Samantha Haimovitch, a superintendent with Marin County Parks, which manages the lagoon. … ”  Read more from the San Francisco Chronicle here: Here’s why thousands of anchovies washed up dead in a Bay Area lagoon

Valley Water making progress on work at Anderson Dam

For the past several months, Valley Water construction crews drilled 244 holes deep into the hillside next to Anderson Dam in Morgan Hill. Inside each hole, workers placed a 120-foot-long bar, up to 2-1/4 inches in diameter. The steel bars, each weighing about 1,600 pounds, were covered with 12-inches of concrete.  This work to reinforce roughly 15,000 square feet of hillside was a milestone in an overall effort to build a new outlet tunnel at Anderson Dam. This new tunnel will allow Valley Water to draw down the reservoir reliably and quickly, providing greater control over the water levels in the reservoir and increasing public safety. … ”  Read more from Valley Water News here: Valley Water making progress on work at Anderson Dam

CENTRAL COAST

Santa Cruz: Local water resource managers prepare for another dry summer

Summer is here, and water resource managers around the state are gearing up for another dry season. In Santa Cruz County, unique geology and three distinct basins make protecting the water supply a complicated and fractured process involving multiple water agencies. From the Pajaro Valley to the Santa Cruz Mountains, here’s what they’re doing.  The Pajaro Valley Water Management Agency received a $7.6 million grant from the California Department of Water Resources through the Sustainable Groundwater Management Program in May. … ”  Read more from Good Times Santa Cruz here: Santa Cruz: Local water resource managers prepare for another dry summer

Recycled water meeting Monterey Peninsula needs

Monterey Peninsula water officials are reporting that not only did they meet the obligation to provide the agreed-upon amount of water from the Pure Water Monterey water recycling project, they were able to bank more than 100 acre-feet in groundwater reserve.  Pure Water Monterey — a project of Monterey One Water, the area’s wastewater service provider — takes recycled water that has been treated to a potable level and in a joint effort with the Monterey Peninsula Water Management District injects it into the Seaside Groundwater Basin for later extraction.  During the fiscal year that just ended June 30, the project delivered to California American Water Co. 3,500 acre-feet of water and an additional 173 acre-feet into reserves. … ”  Read more from the Monterey Herald here: Recycled water meeting Monterey Peninsula needs

Groundwater sustainability fee adopted in Carpinteria

Since formation in 2020, the Carpinteria Groundwater Sustainability Agency (CGSA; Agency) has been operating on loans and cannot continue without a revenue source to support ongoing operations and administration. The CGSA was formed by a Joint Powers Agreement (JPA) between the Carpinteria Valley Water District, City of Carpinteria, Santa Barbara County Water Agency and County of Ventura to ensure long-term sustainable use of the Carpinteria Groundwater Basin through monitoring, planning, and oversight.  A fee study initiated in 2021 was designed to recover costs of the Agency while ensuring that the benefit received from sustainable management of the basin is proportional to the fees paid. … ”  Read more from Edhat here: Groundwater sustainability fee adopted in Carpinteria

EASTERN SIERRA

Appellate court ruling stops Long Valley dewatering; Ruling affirms legal principles sought by Mono County and Sierra Club

Late last week, the First District Court of Appeal for the State of California reversed a March 2021 Alameda Superior Court ruling requiring the Los Angeles Department of Water and Power (LADWP) to continue to provide water for wildlife habitat and scenic, recreational and economic resources on approximately 6,100 acres of land in Mono County — at least until such time as LADWP completes the required environmental review.  While the appellate court ruling initially appeared to be a setback for Mono County and the Sierra Club, who filed the lawsuit under the California Environmental Quality Act (CEQA), the result is in fact an affirmation of the legal principles which the County and Sierra Club sought to enforce from the beginning – that LADWP cannot remove all water from the land under the guise of expired leases from 2010, without conducting any environmental review. … ”  Read more from the Sierra Wave here: Appellate court ruling stops Long Valley dewatering; Ruling affirms legal principles sought by Mono County and Sierra Club

Indian Wells Valley Water District completes review and filing of general plan

The Indian Wells Valley Water District completed its review and filing of its 2020 General Water Plan at the Water District board meeting on June 13.  The introduction of the General Water Plan states that its purpose is “to serve as a guide for system improvements during the next 25 to 30 years.”  The full text of the General Water Plan can be found on the Public Reports section of the IWVWD website at www.iwvwd.com/public-documents/public-reports/.  The plan offers a forecast of the water needs the Water District will need to fulfill, then at the Water District’s systems, and then it offers recommendations in order to fulfill the water needs. It’s more of a framework than an immovable plan. … ”  Read more from the Ridgecrest Independent here: Indian Wells Valley Water District completes review and filing of general plan

SOUTHERN CALIFORNIA

Column: Lightning, killer floods and even snow: The real L.A story has weather drama

Columnist Patt Morrison writes, “You can’t say it didn’t get your attention, that June lightning storm, thousands upon thousands of seismically intense strikes across Los Angeles. One of them killed a Pico Rivera woman out walking her two dogs. A TV news story shared the odds of being struck by lightning in an eight-decade life: one in 15,300.  For 150 years, L.A. has drunk its own climate-PR Kool-Aid: Temperate! Balmy! A garden! A paradise! Sunshine 730 days a year!  Mostly true — almost always true. No argument here.  But L.A. can be a weather pinball machine: a thing of beauty in repose, but flip the “on” switch, and pow, bang, ding-ding-ding — weather cacophony, more often than you might realize. … ”  Read more from the LA Times here: Column: Lightning, killer floods and even snow: The real L.A story has weather drama

SCV Water awarded $65.9 million for remediation of groundwater contamination from Whittaker Corporation

On June 28, 2022, the U.S. District Court, Central District of California, awarded the Santa Clarita Water Agency, (SCV Water) a final judgment of $65.9 million for the cleanup of local groundwater contamination by the Whittaker Corporation.  An earlier settlement in the case with Saugus Industrial Center, a cross defendant, resulted in a $2.9 million contribution, for a total recovery of $68.8 million, according to SCV Water officials.  A jury found in December 2021 that Whittaker, a wholly owned subsidiary of Meggitt PLC, was primarily responsible for the damages sought by SCV Water, according to officials. ... ”  Read more from KTHS here: SCV Water awarded $65.9 million for remediation of groundwater contamination from Whittaker Corporation

SCV Water wins $65.9M due to Whittaker-Bermite water contamination

Santa Clarita Valley Water Agency officials announced Tuesday a court has awarded the agency $65.9 million for cleanup of local groundwater contamination from the Whittaker-Bermite site.  According to officials, the most recent news is the latest in a series of legal actions and settlements as a result of the Whittaker-Bermite site being used as a former munition testing and manufacturing site, resulting in contamination issues, which include perchlorate.  Since 2007, when the last multi-million-dollar settlement was agreed to, more wells have become impacted by perchlorate and groundwater contaminants, and as a result the impacted wells needed to be removed from service until they could be treated. … ”  Read more from The Signal here: SCV Water wins $65.9M due to Whittaker-Bermite water contamination

New studies show Metropolitan’s grass removal incentives are driving transformation of southern California’s landscapes

As Southern California faces the most challenging drought in its history, two new studies highlight the value and wide-ranging success of Metropolitan Water District’s Turf Replacement Program, which gives cash rebates to residents who swap their water-guzzling lawns for more water-efficient California Friendly® and native plants.  One study found that for every 100 homes that converted their yards using a rebate, an additional 132 nearby homes were inspired to convert their own grass without receiving a rebate to help fund the projects. This “multiplier effect” more than doubled the value of Metropolitan’s investment in making Southern California more sustainable.  The second study found that less than 4 percent of participants who received a turf rebate to transform their yards later replanted grass. ... ”  Read more from the Metropolitan via Business Wire here: New studies show Metropolitan’s grass removal incentives are driving transformation of southern California’s landscapes

Is Poseidon’s Huntington Beach desal plant proposal gone for good?

After more than 20 years, a June letter to Southern California water officials might spell the end for the Poseidon Water company’s desalinated dreams in Huntington Beach, once and for all.  The fatal blow came in May, from within the Hilton in Costa Mesa, where California Coastal Commissioners unanimously rejected Poseidon’s bid to build a desalting plant by the AES generating station in the city’s south end.  In striking the project down, commissioners cited what would be higher water rates, marine life loss, and impacts to poor households already living near industrial areas, from a project that would have taken 100 million daily gallons of seawater, desalted half of it, and discharged the other half back as saltier brine. … ”  Read more from the Voice of the OC here: Is Poseidon’s Huntington Beach desal plant proposal gone for good?

Long Beach stormwater treatment plant moves ahead with $4 million grant

The City Council accepted nearly $4 million from the State Water Resources Control Board on Tuesday night, June 5, to push Long Beach’s new stormwater treatment plant into full production.  The plant, called LB-MUST (Municipal Urban Stormwater Treatment), has been in the design phase for a few years. It is designed to take low-flow stormwater from the Los Angeles River drainage area, treat it and use it to create a new wetlands nearby. Eventually, the plant may also provide recycled water for irrigation.  “Long Beach Water is glad to hear that the city has successfully obtained millions of dollars of additional grant funding for Phase II of Public Works’ LB MUST project,” Water Department General Manager Chris Garner said in an email. “As Long Beach continues to face the record drought in California, it is critical to explore new technologies to increase alternate water supply sources.” … ”  Read more from the Long Beach Press Telegram here: Long Beach stormwater treatment plant moves ahead with $4 million grant

SAN DIEGO

East County water officials move to seize San Diego pump station, escalating dispute

Leaders of a planned water recycling project in East County asked a court Tuesday for permission to take control of a pump station from the city of San Diego, escalating a dispute over the future of a plant that could serve hundreds of thousands of people.  Lawyers from the Advanced Water Purification Project submitted a motion in California Superior Court to seize the East Mission Gorge Pump Station.  Without quick access to the Santee facility, the region’s $950 million water project risked higher costs and missed deadlines, according to a letter sent by water officials to city leaders. … ”  Read more from the San Diego Union-Tribune here: East County water officials move to seize San Diego pump station, escalating dispute

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Along the Colorado River …

The Southwest is bone dry. Now, a key water source is at risk.

California and six other Western states have less than 60 days to pull off a seemingly impossible feat: Cut a multi-way deal to dramatically reduce their consumption of water from the dangerously low Colorado River.  If they don’t, the federal government will do it for them.  A federal Bureau of Reclamation ultimatum last month, prompted by an extreme climate-change-induced drop in water levels at the nation’s largest reservoirs, reopens years of complicated agreements and political feuds among the communities whose livelihoods depend on the river. The deadline represents a crucial moment for the arid Southwest, which must now swiftly reckon with a problem that has been decades in the making.  Despite the oppressive dryness that has plagued the region for more than 20 years, California has, in large part, avoided reductions to its usage of the Colorado River. … ”  Read more from Politco here: The Southwest is bone dry. Now, a key water source is at risk.

As Colorado River conditions continue to deteriorate, the US warns that more cuts will be required and the basin states consider options

The Colorado River is a critical water source for more than 40 million people, vast agricultural operations, numerous industries, and a wide variety of ecological resources across the seven states that share its waters: Arizona, California, Nevada, Utah, New Mexico, Colorado, and Wyoming. The River is regulated by the United States Bureau of Reclamation pursuant to a complex body of statutes, court opinions, contracts, and an interstate compact, collectively referred to as the “Law of the River.” While The Bureau relies on the Law of the River to determine how to allocate water among the seven Basin states, one thing the Law of the River does not control is the amount of water available to be allocated in any given year. Among the factors that influence the amount of available water, the overwhelmingly most important factor is precipitation in the Basin. And for most of the past 23 years precipitation has been substantially—and sometimes vastly—below normal. The consequences of this long-term drought are now manifesting themselves in ways that were considered highly unlikely just a few years ago.  … ”  Read more from Snell & Wilmer here: As Colorado River conditions continue to deteriorate, the US warns that more cuts will be required and the basin states consider options

Can Arizona citizens use the tools of democracy to preserve the state’s dwindling water?

On a sunny morning in southern Arizona this spring, members of the Arizona Water Defenders gathered at a park in the small town of Douglas to answer residents’ questions about water — and to collect signatures for a citizen-led ballot initiative that would, for the first time, regulate the region’s aquifer. The crowd that came was small but diverse. An hour into the community meeting, an artist arrived with a large, colorful map of the region’s geology that he was excited to show the Water Defenders. … All signed in support of the initiative.  The Arizona Water Defenders, a grassroots group, was formed in March 2021 by southeastern Arizona residents who were concerned about local wells going dry and increasingly visible ground fissures and land subsidence. ... ”  Read more from High Country News here:  Can Arizona citizens use the tools of democracy to preserve the state’s dwindling water?

Chandler approves construction for water facility supporting drought prevention

The Chandler City Council approved construction last month for a reclaimed water facility supporting drought prevention.  Through agreements made between the city and Intel, construction of a Reclaimed Water Interconnect Facility was approved on June 23 to begin immediately at the RWIF located near Queen Creek and McQueen roads which is set to be completed in 2024, the city said in a press release.  The facility will be an advanced membrane water treatment facility that will treat surface water from Colorado River and Salt River Project sources. ... ”  Read more from KTAR here: Chandler approves construction for water facility supporting drought prevention

Why researchers want to know about every single tree lining Denver’s High Line Canal

Saving 71 miles of the High Line Canal starts with the 48 inches between the spherical densiometer in Alissa Iverson’s hand and the catalpa tree fighting to take hold on the stream bank.   A densiometer is as Harry Potter-like as it sounds, using mirror reflections to estimate the amount of sunlight received by a newly established sapling hoping to survive amid 120-year-old cottonwoods.   “Two, four, six, eight, 10, 12 … ,” Iverson counts, ending at 66 of 96 reflective dots that show a clear path to blue sky. Enough light to give the young catalpa a puncher’s chance amid drought, climate change, trunk-boring pests and doddering plains cottonwoods.  For weeks now, Iverson and the team of budding arborists she is part of have scoured the banks of the High Line in this summer’s entry in a long-term study. They take precise measurements of hundreds of recently planted trees in order to help plan the future of a recreation lifeline that winds within a mile of 350,000 people. ... ”  Read more from the Colorado Sun here: Why researchers want to know about every single tree lining Denver’s High Line Canal

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In national water news today …

SCOTUS applies the major questions doctrine to find EPA exceeded its rulemaking authority, signaling that some new federal regulations will face heightened judicial scrutiny

In numerous statutes, Congress has granted federal agencies the authority to enact regulations to fill in the details necessary to implement the programs and broad policies approved by Congress. In particular instances, new regulations adopted by an agency may have such far reaching political, economic or social consequences as to raise a question whether Congress actually intended the important or controversial policy issue involved to be decided by the Executive branch. In the opinion issued on June 29, 2022 in West Virginia v. Environmental Protection Agency __U.S.__ (2022), the Supreme Court applied the “major questions doctrine” to assess whether a rule adopted by the Environmental Protection Agency (“EPA”) pursuant to the Clean Air Act to reduce carbon emissions by power plants went beyond the authority granted to EPA. The Court held it did, because the statutory provision relied upon by EPA did not provide the “clear congressional authorization” required by the major questions doctrine. … ”  Read more from Kronick here: SCOTUS applies the major questions doctrine to find EPA exceeded its rulemaking authority, signaling that some new federal regulations will face heightened judicial scrutiny

Chilli peppers, coffee, wine: How the climate crisis is causing food shortages

Sriracha fans are a passionate bunch. They have been known to get tattoos of the popular hot sauce on their bodies and dress up like the red plastic squeeze bottle for Halloween.  So it’s no surprise that an unprecedented shortage of the beloved condiment would send loyalists scrambling to avoid a spiceless summer.  Huy Fong Foods, the southern California company that produces 20m bottles of sriracha annually, has experienced a low inventory of red jalapeño chilli peppers in recent years made worse by spring’s crop failure.  The cause? Severe weather and drought conditions in Mexico.  It’s not just chilli peppers. … ”  Read more from the Circle of Blue here: Chilli peppers, coffee, wine: How the climate crisis is causing food shortages

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About the Daily Digest: The Daily Digest is a collection of selected news articles, commentaries and editorials appearing in the mainstream press. Items are generally selected to follow the focus of the Notebook blog. The Daily Digest is published every weekday with a weekend edition posting on Sundays.