Certification of Consistency for California WaterFix: Key Findings

1 CALIFORNIA WATERFIX CERTIFICATION OF CONSISTENCY SUMMARY OF CERTIFICATION October 24, 2018

2 DSC STANDARD OF REVIEW Sole question before the Council: Whether substantial evidence in DWR s administrative record supports DWR s detailed findings in the certification of consistency

3 STANDARD FOR CERTIFICATION OF CONSISTENCY In order to be consistent with the Delta Plan, covered action must be: Consistent with Delta Plan policies or Where full consistency with all relevant regulatory policies may not be feasible, the action is consistent with the coequal goals

4 WATERFIX CERTIFICATION OF CONSISTENCY Based on project approved July 2017 Full commitment to all measures in Certification (including the MMRP and other commitments in project description and in Certification)

5 WATERFIX CERTIFICATION OF CONSISTENCY Legal Issues Raised by Council Proposed WaterFix Design Refinements Ongoing SWRCB Change Petition Process Federal Participation in WaterFix (and in Other Water- related Processes)

6 WATERFIX CERTIFICATION OF CONSISTENCY DELTA PLAN POLICY CONSISTENT JUSTIFICATION GP1 (b)(3): DOCUMENT USE OF BEST AVAILABLE SCIENCE YES WaterFix has been studied, analyzed and reviewed for over a decade by leading scientific and engineering experts in all required fields, including geology, hydrology, water modeling, water quality, aquatic and terrestrial biology, ecology, chemistry, engineering, and climatology. Entire WaterFix analysis was guided by the best available science, which has been reviewed through customary scientific practices and through legal and regulatory processes and by the general public, as documented in the record. Certification includes Detailed analysis based on Delta Plan six criteria; Detailed presentation of multitude of modeling and scientific methodology

7 GP1 (B)(3): BEST AVAILABLE SCIENCE Climate Change Analysis: WaterFix analysis included sea level projections based on best available science WaterFix analysis remains reasonably current as record supports sensitivity assessment of updated information

8 GP1 (B)(3): BEST AVAILABLE SCIENCE 2016 California WaterFix Aquatic Science Peer Review (Independent Review Panel Report) Concluded BA/aquatic species models represent best science available Responses to IRP Report included in record; DWR modified presentation/analysis consistent with recommendations

9 GP1 (B)(3): BEST AVAILABLE SCIENCE WaterFix impacts at Stockton s intake (include water quality and Microcystis blooms); harmful algal blooms (HABs) Included in model results in EIR and in separate evidence in certification record Addressed potential impacts to Stockton water quality constituents, including chloride, bromide, Microcystis, nitrate, among others; water temperature and microcystis/resident time analysis Assessment of HABs evidence went beyond residence time and flow and also included temperature, turbidity, nutrients, and river flows and velocities; where velocities are sufficiently high, HABs are unlikely to occur. Included Sac River at Freeport.

10 GP1 (B)(3): BEST AVAILABLE SCIENCE WaterFix assessment of salinity impacts to agriculture reflects use of best available science documented in EIR and separate evidence in certification record Included in DSM2 model results Electroconductivity analysis Commitment to and record of meeting D-1641 Protective of all beneficial Delta uses, including Agriculture

11 GP1 (B)(3): BEST AVAILABLE SCIENCE WaterFix assessment of potential impacts to Sandhill Cranes Certification record includes peer review input from DFW, analysis of experts in EIR, and in separate evidence in certification record

12 WATERFIX CERTIFICATION OF CONSISTENCY DELTA PLAN POLICY CONSISTENT JUSTIFICATION ER P1: DELTA FLOW OBJECTIVES YES WaterFix will be operated to continue SWP compliance with D-1641 flow objectives. DWR has a proven history of compliance, this and modeling results indicate compliance with future requirements will be achieved. For future compliance, WaterFix will rely on: Real-time operations Adaptive management

13 ER P1: DELTA FLOW OBJECTIVES Certification based on H3+ operational scenario; CALSIM II model includes DCC ops consistent with current ops Boundary analysis in SWB CPOD hearing to represent a range of possible adjustments from BiOp/AMP Any changes from AMP would need to comply with applicable laws and regulations, including CESA and ESA All D-1641 requirements will be met, including E/I ratio Under WaterFix, excluding north Delta diversions in inflow term and including only south Delta facilities in export term would not affect requirement to protect south Delta

14 ER P1: DELTA FLOW OBJECTIVES SWP historical compliance record with the applicable standards WaterFix operations does not rely on TUCPs to meet flow requirements. Regardless of WaterFix, during critical drought, CVP/SWP may operate under TUCPs or under drought contingency plans D-1641 and Bay-Delta WQCP premised on current configuration of Delta rivers/sloughs, bounded by existing levees In wake of catastrophic levee failure and salinity intrusion WaterFix objective is to assist in water delivery DWR will continue to operate to D-1641/regulatory requirements, unless deviations are approved by regulatory agencies

15 WATERFIX CERTIFICATION OF CONSISTENCY DELTA PLAN POLICY CONSISTENT JUSTIFICATION DP P2: RESPECT LOCAL LAND USE WHEN SITING WATER OR FLOOD FACILITIES OR RESTORING HABITATS YES WaterFix water management facilities, including intakes, have, to the extent feasible, been sited to avoid or reduce conflicts with land uses in the Delta. Project refinements further reduced impacts on local communities, where possible. Although ecosystem restoration sites have not been selected, siting will take into consideration use of public lands first. Suite of ECs, AMMs, MMs, and other commitments incorporate consideration of local land uses; MMs include buffers to adjacent farmland WaterFix Community Benefit Fund, incorporates good neighbor policies to avoid negative impacts on ag, residents, and businesses; provides mechanism to communicate with local government/communities and disperse funds to protect and enhance Delta as evolving place

16 DP P2: RESPECT LOCAL LAND USE WHEN SITING WATER FACILITIES Detailed record assessing intake locations: 7 alternative locations of new intakes, 18 alternatives configurations Multi-level screening analysis Avoidance of sensitive fish species Engineering feasibility Land use conflicts (including impacts to town of Hood, intake at Freeport, and proximity to Regional San outfall location) WaterFix intakes will not create land use conflicts with Regional San operations Commitment to consult with Regional San develop rule curve/operating protocol for North Delta Intake diversions to ensure no adverse impact to Regional San operations

17 WATERFIX CERTIFICATION OF CONSISTENCY DELTA PLAN POLICY CONSISTENT JUSTIFICATION WR P1: REDUCE RELIANCE ON THE DELTA YES WaterFix does not propose to export additional water from the Delta beyond existing water rights Long-term average annual Delta exports under WaterFix would remain approximately same or decrease slightly as compared to exports under existing conditions Need for WaterFix not based on the failure of benefitting water suppliers to reduce their reliance Benefitting suppliers have adequately contributed to reducing Delta reliance by improving regional self-reliance

18 WR P1: REDUCE RELIANCE ON THE DELTA THROUGH IMPROVED REGIONAL WATER SELF RELIANCE Reduced reliance does not equate to reduced exports WaterFix does not need to reduce reliance to show consistency with WR P1 Compliance with reduced reliance policy in the statute is not before the Council Statute applies Statewide and to regions that receive water for the Delta watershed and not to individual projects

19 WR P1: REDUCE RELIANCE ON THE DELTA THROUGH IMPROVED REGIONAL WATER SELF RELIANCE The Certification includes relevant data related to reduced reliance on Delta and increased regional self-reliance for urban and agricultural water contractors Not necessary and not feasible to include complete specificity in WR P1 (c)(1)(C) Water contractors south of the Delta have adopted UWMPs and AWMPs that show reduced reliance and so not necessary to show that their members or subunits, or any suppliers further downstream in water distribution system need to show reduced reliance as well Specific CVP participation not known but certification includes info on export reductions and improvement of regional self-reliance

20 WATERFIX CERTIFICATION OF CONSISTENCY DELTA PLAN POLICY CONSISTENT JUSTIFICATION WaterFix contains a science based, transparent, and formal adaptive management strategy through Project-wide Adaptive Management Program (PAMP) (supplementing WaterFix AMP for biological resources) Consistent with Delta Plan approach Future actions based on AMP/PAMP results governed by agency/regulatory standards (including ESA, CESA, SWRCB requirements) and by delineated performance standards Approach, access to adequate resources, and governance of the various adaptive management processes are documented in the record GP1 (b)(4): CONTINUED IMPLEMENTATION OF ADAPTIVE MANAGEMENT YES

21 WATERFIX CERTIFICATION OF CONSISTENCY DELTA PLAN POLICY CONSISTENT JUSTIFICATION - - - - GP1 (b)(2): MITIGATION MEASURES EQUAL OR MORE EFECTIVE THAN DELTA PLAN YES WaterFix MMRP includes Mitigation Measures, Environmental Commitments (BMPs), Avoidance and Minimization Measures, and Specific environmental commitments that are equal to, if not more effective than the applicable measures identified in the Delta Plan WaterFix also includes other commitments to address non CEQA impacts. DWR has fully committed to and documented all components in the record. Certification contains detailed cross walk with Delta Plan MMs.

22 GP1(B)(2): MITIGATION MEASURES Delta Plan PEIR Mitigation Measure 7-1 (minimization of loss of high value agricultural land and 1:1 ratio of preservation in perpetuity of farmland permanently converted land WaterFix previous refinements greatly minimized removal of agricultural lands MM AG-1, for permanent conversion Requires 1:1 Ag conservation easements to preserve farmland in perpetuity Goes beyond conventional mitigation by providing for the development of Ag Lands Stewardship Plans with locals Prioritizes public lands/existing conservation lands; avoidance of high value agricultural, facilities, and operations; and minimization of invasives. Other WaterFix MMs add to the avoidance, minimization, and mitigation of potential agricultural impacts (see Certification MM crosswalk)

23 GP1(B)(2): MITIGATION MEASURES Delta Plan MM 21-2 (requiring relevant drainage or hydrology/hydraulics study, design of intakes to operate at multiple surface water elevations, and hydrogeologic study of groundwater) is not an applicable feasible mitigation measure WaterFix fully evaluated climate change scenarios, included appropriate measures into the facilities design to account for future climate change conditions (negating need for first two measures in DP MM 21-2) third measure under DP MM 21-2 pertains to assessment of long-term groundwater recharge and safe yield of wells and wellfields under a sustainable groundwater management plan and is not applicable to WaterFix which is not a groundwater-related project/subject to impacts due to climate change. There is no SGMA interference

24 GP1(B)(2): MITIGATION MEASURES WaterFix MM TRANS 1-a and AMM7 (and/or measures) equal/more effective than Delta Plan MMs Implement Site-Specific Construction Traffic Management Plan (Trans-1a) and Implement Barge Operations Plan (AMM7) include detailed specified mitigation elements, and detailed performance standards and monitoring and reporting requirements Includes reduction of impacts on navigation by development and implementation of site-specific construction traffic management plans, including specific measures related to management of barges and stipulations to notify the commercial and leisure boating communities of proposed construction and barge operations in the waterways

25 GP1(B)(2): MITIGATION MEASURES California WaterFix water quality and waste discharge measures are equal/more effective than Delta Plan MM 3-1 DP MM 3-1 is limited to construction based impacts and WaterFix MM WQ-11 included for both construction and operation DWR commitment to real-time operation to meet all existing and future water quality standards

26 GP1(B)(2): MITIGATION MEASURES WaterFix Mitigation Measure GW-1 (and/or other California WaterFix measures) is equal/more effective than Delta Plan MM 3-2 (requiring measures to mitigate for impacts to groundwater wells) despite the measure s 5-year limit on monitoring Slurry walls used at dewatering locations during construction or where seepage could occur during operations. Groundwater monitoring network established during design phase; groundwater monitoring will continue throughout construction phase (9-14 years) and for 5 years following construction

27 CALIFORNIA WATERFIX AND THE COEQUAL GOALS Delta Reform Act: coequal goals of providing a more reliable water supply for California and protecting, restoring, and enhancing the Delta ecosystem Delta Reform Act recognizes new Delta conveyance infrastructure is essential to achieving the coequal goals 2018 Delta Plan Amendments recommend dual conveyance

28 CALIFORNIA WATERFIX AND THE COEQUAL GOALS WaterFix Project Fundamental Objectives: Address adverse effects to state and federally listed species related to: Operation of existing SWP Delta facilities and construction and operation of facilities for movement of water entering Delta from Sacramento Valley watershed to existing SWP and CVP south Delta pumping plants. The implementation of actions to improve SWP and/or CVP conveyance that have the potential to result in take of species that are listed under the ESA and CESA. Improve ecosystem of Delta by reducing adverse effects to certain listed species of diverting water by siting additional intakes of the SWP and coordinated operations with the CVP. Restore and protect ability of SWP and CVP to deliver up to full contract amounts, when hydrologic conditions result in availability of sufficient water, consistent with requirements of state and federal law and terms and conditions of water delivery contracts and other existing applicable agreements.

29 CALIFORNIA WATERFIX AND THE COEQUAL GOALS Additional project objectives: To meet standards identified in ESA and CESA by minimizing/fully mitigating impacts of take To make physical improvements to conveyance system in anticipation of rising sea levels/climate change. To make physical improvements to the conveyance system that will respond to a major earthquake that causes breaching of Delta levees and inundation of brackish water into south Delta To protect water supply and ecosystem health and reduce other stressors on the ecological functions of the Delta To identify new operations/new configuration for conveyance of water entering the Delta from the Sacramento River watershed to the existing SWP and CVP pumping plants that are economically feasible

30 CALIFORNIA WATERFIX AND THE COEQUAL GOALS WaterFix is consistent with the Delta Reform Act coequal goals and Delta Plan s assertion that a dual conveyance system, designed to provide operational flexibility and resiliency against levee failure due to earthquake or flooding and salinity intrusion from sea level rise, is needed to support achievement of the coequal goals.

31 WATERFIX CERTIFICATION OF CONSISTENCY Substantial evidence in DWR s administrative record supports DWR s detailed findings in the certification of consistency Consistent with all relevant Delta Plan policies If full consistency with relevant policies not feasible, WaterFix is nonetheless consistent with Delta Plan because on whole, WaterFix is consistent with the coequal goals All appeals should be denied DWR s record contains enough relevant information, and reasonable inferences from this information, that a fair argument can be made to support certification of consistency of WaterFix with the Delta plan Extra-record evidence presented by appellants is not, and should not be included, in DWR s record for certification If extra-record evidence is included, no information shows a lack of substantial evidence in DWR s record

32 WATERFIX CERTIFICATION OF CONSISTENCY DELTA PLAN POLICY CONSISTENT JUSTIFICATION WR P2: TRANSPARENCY IN WATER CONTRACTING N/A Contract amendments are a separate process outside the scope of WaterFix. For all relevant contract amendments, DWR follows notice 03-09 and notice 03-10, (referenced in Delta Plan Appendix 2A). Prior to implementing any contract amendment, DWR will coordinate with the Council through early consultation and determine compliance necessary for Delta Reform Act

33 WR P2: TRANSPARENCY IN WATER CONTRACTING DWR is currently engaged in two separate processes for amending the SWP contracts: Contract extension: separate and independent to WaterFix, DWR is in final stages of CEQA review for the proposal to extend the current SWP contracts critical for financing SWP capital expenditures Water Management Tools and WaterFix: proposed amendment would address cost allocation of WaterFix and would supplement and clarify certain water management tools available to SWP contractors. DWR beginning CEQA process.

34 WATERFIX CERTIFICATION OF CONSISTENCY DELTA PLAN POLICY CONSISTENT JUSTIFICATION G P1 (c): CONSERVATION MEASURES N/A WaterFix does not include conservation measures proposed to be implemented pursuant to a Habitat Conservation Plan or Natural Community Conservation Plan.

35 WATERFIX CERTIFICATION OF CONSISTENCY DELTA PLAN POLICY CONSISTENT JUSTIFICATION ER P2: RESTORE HABITATS AT APPROPRIATE ELEVATIONS YES Although not possible to specify elevations for specific habitat restoration site at this time because properties have not been identified, WaterFix Environmental Commitments MMRP will be carried out consistent with the Delta Plan, Appendix 3 and Appendix 4

36 WATERFIX CERTIFICATION OF CONSISTENCY DELTA PLAN POLICY CONSISTENT JUSTIFICATION ER P3: PROTECT OPPORTUNITIES TO RESTORE HABITAT YES WaterFix requires all temporary project features, incl. fuel stations, batch plants, in Priority Habitat Restoration Area, will Include BMPs to address potential operation and maintenance adverse effects be returned to previous conditions after construction not preclude or interfere with ability to restore habitat in PHRA; WaterFix permanent features will be sited on edge of PHRA where feasible or will represent a small acreage impact, and will not preclude or interfere with ability to restore habitat in PHRA

37 WATERFIX CERTIFICATION OF CONSISTENCY DELTA PLAN POLICY CONSISTENT JUSTIFICATION ER P4: EXPAND FLOODPLAINS AND RIPARIAN HABITATS IN LEVEE PROJECTS YES Although not a levee project, WaterFix requires alteration of levee sections part of Sacramento River Flood Control Project. WaterFix engineering analysis evaluated the feasibility of setback levees and determined there were no feasible alternatives that would increase floodplains and riparian habitat on levees

38 WATERFIX CERTIFICATION OF CONSISTENCY DELTA PLAN POLICY CONSISTENT JUSTIFICATION ER P5: AVOID INTRODUCTION OF AND HABITAT FOR INVASIVE NONNATIVE SPECIES YES WaterFix includes ECs, AMMs, MMs, ITP and BiOp conditions, habitat restoration design, adaptive management actions, and a DWR-wide invasive species program to avoid new introductions of, or improve habitat conditions for, nonnative invasive species. Suite of activities includes, but not limited to, Commitment to Fund the California Department of Boating and Waterways Programs for Aquatic Weed Control

39 WATERFIX CERTIFICATION OF CONSISTENCY DELTA PLAN POLICY CONSISTENT JUSTIFICATION DP P1: LOCATE NEW URBAN DEVELOPMENT WISELY N/A WaterFix does not involve new residential, commercial or permanent industrial development.

40 WATERFIX CERTIFICATION OF CONSISTENCY DELTA PLAN POLICY CONSISTENT JUSTIFICATION RR P1: PRIORITIZATION OF STATE INVESTMENTS IN DELTA LEVEES AND RISK REDUCTION YES WaterFix is not a flood risk management project but includes actions, such as levee modifications. WaterFix will ensure there will be no change in flood risk and the project will not adversely affect any flood risk management programs related to the Delta.

41 WATERFIX CERTIFICATION OF CONSISTENCY DELTA PLAN POLICY CONSISTENT JUSTIFICATION RR P2: REQUIRE FLOOD PROTECTION FOR RESIDENTIAL DEVELOPMENT IN RURAL AREAS N/A WaterFix does not involve new residential development (of five or more parcels)

42 WATERFIX CERTIFICATION OF CONSISTENCY DELTA PLAN POLICY CONSISTENT JUSTIFICATION RR P3: PROTECT FLOODWAYS YES WaterFix primary water conveyance facilities and related construction features will occur on regulated floodways or off-stream WaterFix construction of small number of temporary features (barge loading facilities) on unregulated floodways will occur but will not result in an increase in exposure of people or structures to flooding Facilities will be required to comply with local reclamation districts that have jurisdiction over site Facilities will comply with DWR requirements to avoid increased flood potential and levee failure.

43 WATERFIX CERTIFICATION OF CONSISTENCY DELTA PLAN POLICY CONSISTENT JUSTIFICATION RR P4: FLOODPLAIN PROTECTION YES WaterFix permanent conveyance facilities will not be located on any floodplains. If it is determined necessary to locate a temporary safe haven work area on McCormack- Williamson Tract, it will be temporary and will not have a significant adverse impact on floodplain values and functions.