WEEKLY WATER NEWS DIGEST for Nov 20-25: Adapting to CA’s “Weather Whiplash” with FIRO; Question of water rights looms over controversial proposed new dam; State water agency wades into lawsuit to maintain its authority over groundwater plans; and more …

A wrap-up of posts published on Maven’s Notebook this week …

Note to readers: Sign up for weekly email service and you will receive notification of this post on Friday mornings.  Readers on daily email service can add weekly email service by updating their subscription preferences. Click here to sign up!

In California water news this week …

Adapting to California’s “Weather Whiplash” with Forecast-Informed Reservoir Operations

The New Bullards Bar Reservoir in Yuba County releases water into the Yuba River during an atmospheric river storm in Northern California. Photo taken February 27, 2019 by Kelly M. Grow / DWR

California already has one of the most variable climates in the United States, and it’s getting more extreme.  Our “weather whiplash,” as it’s becoming known, is increasingly marked by long periods of warm, dry conditions punctuated by stronger and wetter atmospheric river storms. What’s more, research suggests that atmospheric rivers are becoming more intense.  By now, we know that atmospheric river storms provide approximately half of our state’s annual precipitation but have also caused more than 90 percent of the floods in Northern California, resulting in staggering financial costs. Unfortunately, in Yuba County, those costs are all too familiar. Parts of our economy still haven’t recovered from devastating floods in 1986 and 1997. … ”  Read more from the Northern California Water Association here: Adapting to California’s “Weather Whiplash” with Forecast-Informed Reservoir Operations

Question of water rights looms over controversial proposed new dam

A controversial proposed dam seems to have a new pathway forward. But how far will it get through California’s byzantine world of water rights? Nobody seems to agree on an answer.  The Del Puerto Canyon Reservoir is a joint project between the Del Puerto Water District and the San Joaquin River Exchange Contractor Authority on the west side of the San Joaquin Valley.   A Stanislaus County Superior Court judge on Oct. 31 dismissed a host of environmental challenges against the project as well as all concerns brought by another group of irrigators, the Friant Water Supply Protection Association.  The judge did kick back Del Puerto’s environmental impact report on one issue, a road relocation that he said had insufficient information. ... ”  Read more from SJV Water here:  Question of water rights looms over controversial proposed new dam

State water agency wades into lawsuit to maintain its authority over groundwater plans

A lawsuit over groundwater plans in the northern end of the San Joaquin Valley is being closely watched as it could have implications for how the state’s groundwater mandate moves forward, according to a recent briefing on the issue at the Kern Groundwater Authority.  At the Nov. 16 meeting, authority attorney Valerie Kincaid explained that the lawsuit, filed in 2020, seeks to have a court invalidate six groundwater plans in the Delta-Mendota Subbasin, which runs along the western edge of the valley from west of Fresno north to west of Modesto.  The Department of Water Resources filed an amicus brief in the suit, which was bought by the California Sportfishing Protection Alliance, Kincaid explained. An amicus, or friend of the court brief, can be filed by a group that has a strong interest in a case. … ”  Read more from SJV Water here: State water agency wades into lawsuit to maintain its authority over groundwater plans

As California droughts intensify, ecosystems and rural communities will bear the brunt

Drought, human-caused climate change, invasive species and a “legacy” of environmental issues are permanently altering California’s landscape and placing some communities and ecosystems at increasing risk, a panel of experts told water officials recently.  Invasive species and decades of disruptions from massive land and water developments are partly responsible for a continuous decline in native California species, experts told the California Water Commission on Nov. 16. Also, rural communities, many of whom are lower income and rely on privately owned wells, are disproportionately contending with water contamination and scarcity amid recurring cycles of drought, experts said. … ”  Read more from the LA Times here: As California droughts intensify, ecosystems and rural communities will bear the brunt | Read via AOL News

San Joaquin Valley residents, growers vying for water in fourth year of drought

Noemi Barrera has spent four months without running water for herself and her four children, and is among many people in California living without it as wells across the state run dry.  Like most in the 184-person agricultural community of Tooleville, nestled by the Tulare County foothills, Barrera can hear the county’s water truck arriving down the street to bring five-gallon jug rations every other week. She can see the newly snow-capped Sierra Nevada mountains to the east, a sign of hope for a winter that could be as dry as the last.  Tooleville sits on a well that is now nearly unusable due to contamination from groundwater overdrilling. The state stepped in last year after the neighboring town Exeter refused to connect municipal water to the community’s residents.  Barrera’s family uses what tap water is left for showers, and relies on the county’s water, usually gone within one week, for cooking and laundry. ... ”  Read more from the Courthouse News Service here: San Joaquin Valley residents, growers vying for water in fourth year of drought

Continued drought conditions add billions in California agriculture losses, UC Merced report finds

Losses to California’s ag industry have continued to mount as the state’s drought stretched into a third straight year, according to a report released Tuesday by researchers from the School of Engineering and the Public Policy Institute of California.  The report, led by Professor Josue Medellín-Azuara, estimates direct economic impacts on farm activity of $1.2 billion this year, up from $810 million in 2021 — representing a 4.9% and 3.4% impact on crop value added, respectively. “Value added” is the contribution from a sector to the region’s gross domestic product. It includes profits, compensation and taxes.  Beyond direct farm effects, impacts on food processing industries that rely on farm products were roughly $845 million in 2022, up from $590 million in 2021. Altogether these consequences total $2 billion in value-added losses this year alone (5.9% reduction with respect to 2019) and a loss of 19,420 jobs, the researchers calculated.  But it could have been worse, the report shows. … ”  Read more from UC Merced here: Continued drought conditions add billions in California agriculture losses, UC Merced report finds 

Long-serving, controversial manager of Westlands Water District resigns

Longtime Westlands Water District General Manager Tom Birmingham announced Nov. 23 that he will retire as of Dec. 31.  “I am retiring with extreme pride in the things Westlands had accomplished over the last two decades,” he wrote in an email announcement.  Birmingham had faced the likelihood that a newly-elected majority on the Westlands board was poised to replace him after the new members were seated on Dec. 2.  Instead, he will step down from the district he has served for more than 36 years, according to a Westlands announcement.  It’s anticipated that Birmingham will take with him a healthy severance of at least $664,000. … ”  Read more from SJV Water here: Long-serving, controversial manager of Westlands Water District resigns

Court of Appeal awards attorneys’ fees under the private attorney general doctrine to California irrigation districts after successful challenge to the SWRCB’s actions arising from the 2015 curtailments

On Friday, November 18, 2022, the Court of Appeal for the Sixth Appellate District (Sixth District Court) reversed the Santa Clara County Superior Court’s denial of an attorneys’ fees award in favor of a group of California irrigation districts and water agencies (Districts) that successfully challenged the State Water Resources Control Board’s (State Board) decision to issue certain water right curtailment notices during the 2015 drought. The Sixth District Court held that the Districts are entitled to attorneys’ fees incurred prosecuting the Superior Court litigation against the State Board.  In the underlying Superior Court litigation, the trial court issued writs of mandate finding that the State Board unlawfully issued water diversion curtailment notices to the Districts without jurisdiction under Water Code section 1052(a), and in violation of the Districts’ constitutional due process rights. … ”  Read more from Somach Simmons & Dunn here: Court of Appeal awards attorneys’ fees under the private attorney general doctrine to California irrigation districts after successful challenge to the SWRCB’s actions arising from the 2015 curtailments

SEE ALSO: State board to pay lawsuit fees, from Don Wright at Water Wrights

Court grants petition challenging EIR for Lookout Slough Project

Lookout Slough, part of the Cache Slough Complex. Photo by Florence Low/DWR

On November 18, 2022, the Contra Costa County Superior Court ruled against the Department of Water Resources in a case challenging the Department of Water Resources’ environmental review of the Lookout Slough Restoration Project in southeastern Solano County. Several local agencies (Central Delta Water Agency, Solano County Water Agency, City of Vallejo, RD 2068 & 2060) challenged DWR’s approval of the 3,000 + acre project, which is being carried out by a private equity firm based in Maryland.  The judge determined the Environmental Impact Report failed to properly consider the project’s impact on opportunities to fish from the shoreline within the Delta region. Three miles of shoreline that can currently be used for pedestrian fishing on Liberty Island would become inaccessible as a result of the project. The court ordered that a writ of mandate issue “compelling Respondent to set aside the certification of the FEIR.”

Click here to continue reading this press release. Includes ruling.

Lookout Slough would interfere with recreational opportunities for people without boats that currently
can bank fish in the California Delta. With so much of the Delta being important flood control
infrastructure, maintaining fishing opportunities for the community and for tourism is critical,”
explained Osha Meserve, counsel for Central Delta Water Agency.

A longtime advocate for recreational access at Lookout Slough, Taylor Dahlke/Liberty Island Access,
added, “We are pleased to hear that the courts have validated what we’ve said all along; the idea that
Lookout Slough has no significant impacts on recreation is a fiction. We sincerely hope that DWR will
now choose to acknowledge and meaningfully address recreational access.”

The November 18, 2022 Ruling is below.  City of Vallejo et al. v. State of California State Department of Water Resources (Superior Court of Contra Costa County, Case Nos. MSN21-0558, MSN21-0559, MSN21-0560, MSN21-0561)

22.11.18 Ct. Statement of Decision

A massive effort – restoring the San Joaquin River

The San Joaquin River is a vital source of water for agriculture and the environment and it is also home to a unique program that hopes to restore native fish runs.  It is a complex program and SJV Water was fortunate to take advantage of a tour offered through the Water Education Foundation Nov. 2-3 that helps break down the various aspects of restoration efforts.  The restoration program is a nearly one billion dollar endeavor to restore spring-run Chinook salmon to the river which went extinct there after Friant Dam and other obstructions were built. The 366-mile-long San Joaquin River starts high in the Sierra Nevada mountains east of Fresno. It travels north through the valley to the Sacramento-San Joaquin Delta and, ultimately, flows into the San Francisco Bay. … ”  Read more from SJV Water here: A massive effort – restoring the San Joaquin River

The flow of California water policy – A chart

Jay Lund writes, “California water policy is often discussed and depicted as being impossibly complex. In its essentials, it can be seen much more simply, as in the flow chart below. Without extreme events (such as floods and droughts), the policy process would be simpler, but ironically less effective, and less well funded. … ”  Read more from the California Water Blog here: The flow of California water policy – A chart

The EPA, CWA and invasive organisms

Aerial view showing a tanker ship traversing it’s way through the California Delta. Photo by Paul Hames / DWR

Last month, a letter signed by 160 organizations was sent to President Joseph Biden Jr. requesting that he take action to direct the EPA to implement discharge standards for ships’ ballast water that comply with the Clean Water Act (CWA). EPA administrator Michael Regan also received a similar request from 34 members of Congress.  “Ballast water discharges are the leading source of invasive species in U.S. waters, posing public health and environmental risks, as well as significant economic cost to industries such as water and power utilities, commercial and recreational fisheries, agriculture, and tourism,” states the letter from the Congressional members. “EPA’s compliance with the CWA here is overdue.” … ”  Continue reading at the EHS Advisor here: The EPA, CWA and invasive organisms

Members of Congress demand answers from the Forest Service, following CapRadio/California Newsroom wildfire investigation

Members of Congress are demanding answers after a recent CapRadio/California Newsroom investigation revealed how the U.S. Forest Service mishandled a plan that could have protected a California town from being destroyed in last year’s Caldor Fire.  More than a dozen lawmakers sent a letter to Forest Service Chief Randy Moore on Friday, calling the agency’s shortcomings “particularly egregious” and “unacceptable.”  The Forest Service did not respond to a request for comment before publication. … ”  Read more from Capital Public Radio here: Members of Congress demand answers from the Forest Service, following CapRadio/California Newsroom wildfire investigation

‘We got really lucky’: Why California escaped another destructive fire season in 2022

Despite months of warnings fueled by extreme heat and drought-desiccated conditions, California’s deadly fire season ended with remarkably little area burned, with just 362,403 acres scorched in 2022, compared with more than 2.5 million acres the year prior.  Standing in a field of dry, brown grass in Napa this week, Gov. Gavin Newsom and several state officials gathered to mark what they described as “the end of peak wildfire season” in most of California, attributing the year’s relatively small acreage to massive investments in forest health and resilience projects and an expansion of the state’s firefighting fleet.  But although the worst of the season may be behind us, experts noted that the remarkably reduced fire activity is probably less a factor of strategy than good fortune. … ”  Read more from the LA Times here: ‘We got really lucky’: Why California escaped another destructive fire season in 2022

Return to top

In commentary this week …

Editorial: Water and power are essential. Disconnecting services when people can’t afford to pay is cruel

The LA Times editorial board writes, “The Los Angeles Department of Water and Power has made a radical but logical decision: The utility will no longer shut off service when low-income residents and seniors can’t pay their bills. Instead, those customers will be put on payment plans that can stretch over several years, offered incentives to help lower their water and power use and, if they qualify, be enrolled in federal programs to help households in poverty pay for utilities.  It’s an important change, recognizing that water and power are essential services. It’s cruel to cut people off if they fall behind on their bills due to financial hardship. ... ”  Read more from the LA Times here: Editorial: Water and power are essential. Disconnecting services when people can’t afford to pay is cruel

California water facts for legislators

Edward Ring, a contributing editor and senior fellow with the California Policy Center, writes, “Everyone in California agrees that water policies need to adapt to changing times. There is even growing agreement that enforcing draconian reductions to farm water allocations (which will eliminate all but the most powerful corporate agribusinesses) and outlawing household outdoor watering will not only fail to solve the problem, but is a tough and undesirable solution. And so the debate over more rationing versus more water supply projects goes on.  Missing from the debate over water policy in California, however, especially among the state legislators who need to do something about it, are some basic overall metrics regarding how much water we need, what various types of water projects cost, how much potential capacity each type of project delivers, and how much energy is involved. Here’s a summary. … ”  Read more from the California Globe here: California water facts for legislators

Green bureaucrats are destroying California’s ecosystems

Edward Ring, a contributing editor and senior fellow with the California Policy Center, writes, “California’s political elite consider themselves, and the state they control, to be the most environmentally enlightened in the world. They’re not. Well intentioned but misguided policies, combined with hidden agendas from special interests using environmentalism as cover, have resulted in “environmentalism” often causing more harm than good to the environment.  Some environmentalist policies that might otherwise be obviously suspect are justified in the name of combatting climate change. The prime example of this is the hundreds of billions Californians are spending to convert the electricity grid to “renewable” energy. If it weren’t for their zero emissions claim, nobody would endorse carpeting the land with thousands of square miles of wind turbines, or hundreds of square miles of photovoltaic arrays. … ”  Read more from the Epoch Times here: Green bureaucrats are destroying California’s ecosystems

Return to top

In regional water news this week …

A free-flowing Klamath River

After years of campaigning, tribes and environmental organizations achieved a major victory last week when the Federal Energy Regulatory Commission approved a plan to remove four hydroelectric dams from the Lower Klamath River and restore critical salmon habitat in California and Oregon.  The agency’s unanimous vote to let the dams’ licenses lapse was the last major hurdle toward returning the Klamath River to its free-flowing state — a goal that advocates have been doggedly pursuing for more than two decades. Tribes wanted to remove the dams to make it easier for Chinook and coho salmon to reach their upstream spawning grounds and to restore the overall health of a river that is culturally important to Native peoples in the area.  “The Klamath salmon are coming home,” Joseph James, chairman of the Yurok Tribe — one of several tribes that has spent years fighting for dam removal — said in a statement following the Federal Energy Regulatory Commission’s decision. ... ”  Read more from the Grist here: A free-flowing Klamath River

Research teams gather data on storm pollution impact on San Francisco Bay

For researchers Martin Trinh and David Peterson, a break in the rain means a chance to measure the minute changes a passing storm may have brought to the San Francisco Bay. And they’re not always good. For decades, storm runoff has carried along dangerous pollutants like mercury and PCBs. And the threat is still evolving.  “We’ve identified a new class of chemicals that we refer to as contaminants of emerging concern. And so these are going to be chemicals that are typically used in modern products, says Trinh.  Trinh and Peterson are with the San Francisco Estuary Institute and are members of a kind-of-quick strike force known as “RMP,” for “Regional Monitoring Program for Water Quality” in the San Francisco Bay. The members often deploy in the middle of storms, even late at night, to capture and sample runoff. Alicia Gilbreath leads the team. … ”  Read more from ABC 7 here: Research teams gather data on storm pollution impact on San Francisco Bay

The mysterious case of the SF Peninsula’s poop-polluted beaches

It’s a foggy June morning in Pacifica and time is wasting for Noah Katz and his two colleagues, Nicole Schmidt and Cynthia Vazquez. The three water quality scientists point wearily to a sign, universally ignored, warning visitors not to swim at Pacifica’s surfer-friendly beach because of high bacteria levels. Then they get to work. Starting at the mouth of San Pedro Creek, between Soul Grind Coffee and Linda Mar Beach’s famous Taco Bell, the trio scoops a sample of creek water into a small vial and puts the vial into a cooler filled with ice, then moves on. … The work can be rough going, especially during or after rainfall when the creek swells with runoff, but Katz, who manages the RCD’s Water Quality Program, has been at it for years, oftentimes working solo, and says the goal is simple: to find out how much fecal bacteria, the kind that the sign on the beach warns about, are contaminating our local waters and emptying onto our beaches. … ”  Read more from RWC Pulse here: The mysterious case of the SF Peninsula’s poop-polluted beaches

Coastal Commission approves Cal Am’s desal plant in Marina, but many hurdles remain

After more than a decade in the trying, a major desalination plant to serve the Monterey Peninsula has cleared a significant hurdle—in theory, at least.  In a 13-hour meeting that adjourned just after 10pm, the California Coastal Commission approved a conditional coastal development permit for California American Water, the private water utility that serves the greater Monterey Peninsula, to build a desalination project in neighboring Marina, a city whose residents are vehemently opposed to it, and who would not be served by it.  One thing that was continually brought up during the meeting, and that was acknowledged in the Coastal Commission’s staff report that recommended approval (with many conditions, some potentially insurmountable) is that the project is rife with complexity, both from technical and environmental justice standpoints. … ”  Read more from Monterey Weekly here: Coastal Commission approves Cal Am’s desal plant in Marina, but many hurdles remain

Ridgecrest: Groundwater Authority hears plans on pipelines that will get water into Indian Wells Valley

Photo by David O.

Plans are advancing for importing water into the Indian Wells Valley. At its Nov. 9 board meeting, the Indian Wells Valley Groundwater Authority heard a presentation on three proposed pipeline paths to get that water into IWV.  The presentation was given by Provost & Pritchard, a consulting group IWVGA contracted to perform this imported water pipeline alignment study. Jeff Davis–principal engineer with Provost & Pritchard–presented the study to the IWVGA board.  Davis told the board that while there were many paths they investigated for the pipeline, they’ve narrowed it down to three proposed paths which each carry their own positive and negative aspects. These three paths cross different regions of IWV, and are therefore titled the West Alignment, the Central Alignment, and the East Alignment. … ”   Read more from the Ridgecrest Independent here: Groundwater Authority hears plans on pipelines that will get water into Indian Wells Valley

Exploring a plan to remake the L.A. River

Today we’ll start with a short history lesson about one of Los Angeles’s most vital (and most forgotten) landmarks: the Los Angeles River.  For centuries, the river, which begins in the San Fernando Valley and ends in the ocean in Long Beach, sustained small communities of Native peoples. In the 1800s it nurtured hundreds of vineyards and orange groves, and exporting the harvests helped expand the Southland’s reputation around the globe. The city of Los Angeles ultimately formed around the river, as opposed to along the coast, because it was the region’s source of fresh water.  But the river flooded frequently. And as Los Angeles grew, development encroached on the river’s banks, leaving less open land to absorb the overflow. That came with disastrous consequences: During a heavy rainstorm in February 1938, the Los Angeles River burst its banks and ultimately killed 87 people.  The U.S. Army Corps of Engineers decided to entomb the river in concrete to speed up water flow and prevent flooding, a project that was completed in the 1960s. … ”  Read more from the New York Times here: Exploring a plan to remake the L.A. River

The troubled history—and uncertain future—of the Salton Sea

When an irrigation canal was breached in the early 1900s, the resulting flood created Southern California’s Salton Sea. It was a rare event that quickly created a beneficial presence in the Imperial Valley, as the lake provided recreation opportunities, tamped down dust, and became a stopover for birds on the Pacific Flyway. But now, with inflows declining, this hundred-year-old sea is drying up, and that’s having a host of negative consequences for wildlife and air quality in the region. We spoke with Kurt Schwabe—professor of public policy at the University of California, Riverside and adjunct fellow at the PPIC Water Policy Center—about some of the biggest issues facing the sea, as well as potential solutions. … ”  Read more from the PPIC here: The troubled history—and uncertain future—of the Salton Sea

The fate of the Salton Sea rests in the hands of the Imperial Irrigation District

Robert Glennon, a Regents Professor Emeritus at the University of Arizona College of Law, and Brent Haddad, Professor of Environmental Studies at UC Santa Cruz, write, “On Sept. 30 the Independent Review Panel set up by California’s Salton Sea Management Program issued its final report. SSMP charged the panel with evaluating proposals to import water to the Salton Sea. In the end, the panel did not endorse any of the 18 proposals.  The panel found that the key issue is not the size of the sea, it’s the salinity, which is nearly twice that of the ocean and getting worse. A smaller sea can achieve the principal objectives of salinity reduction, environmental restoration and regional air quality improvement.  First, the state should embark as soon as possible on designing and building a desalination plant at the sea. … ”  Read more from the Desert Sun here: The fate of the Salton Sea rests in the hands of the Imperial Irrigation District

Coachella Valley Water District joins multi-agency commitment to reduce demand on Colorado River

Understanding the need for action, Coachella Valley Water District (CVWD) has committed to take additional measures to reduce water demands on the drought-stricken Colorado River alongside 30 other water agencies from municipal and public water providers in the Upper and Lower Colorado River Basin.  A Memorandum of Understanding (MOU) was delivered to U.S. Bureau of Reclamation Commissioner Camille Touton to affirm commitments to implement comprehensive and innovative water conservation programs.  “CVWD is well-positioned to join our colleagues in a larger effort to reduce demand on the River thanks to the water-efficiency actions we have implemented over the years,” said CVWD Board President John Powell Jr.” We are committed to continuing our efforts to bring the supply and use of the river into balance for future generations and to support our local economy.” … ”  Read more from the Coachella Valley Water District here: Coachella Valley Water District joins multi-agency commitment to reduce demand on Colorado River

Arguments over action: Four Southern California agencies agree to voluntary Colorado River water cutbacks—while other western officials point fingers

Coachella Valley residents are doing their best to cope with a disastrous drought.  “Through August, no other three-year period in California history has been this dry—even during the last historic drought from 2012 through 2016,” reports CalMatters, a California nonprofit news organization.  Because of the ongoing drought, the Colorado River is shrinking rapidly. As a result, the seven states (and part of Mexico) which rely heavily on the Colorado River to provide water to citizens and businesses—including the agricultural industry, which delivers fresh produce to much of the nation—find themselves teetering on the edge of drastic consequences.  But instead of coming together to come up with a reasonable, fair plan to deal with the crisis, water agencies, state water administrators and political representatives have been sniping at one another. … ”  Read more from the Coachella Valley Independent here: Arguments over action: Four Southern California agencies agree to voluntary Colorado River water cutbacks—while other western officials point fingers

Return to top

Announcements, notices, and funding opportunities …

NOTICE: San Joaquin River Restoration Program increases Restoration Flows to benefit salmon during winter

Return to top