WaterFix Certification of Consistency Summary - October 24, 2018
Examining the WaterFix certification of consistency, including standards, allegations, outreach efforts, community benefits, ecosystem benefits, land use, water quality, and reduced reliance. The content covers various aspects such as public outreach, community involvement, environmental impacts, and regulatory compliance in the California WaterFix project.
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Presentation Transcript
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 Prematurity allegations Proposed WaterFix Design Refinements Ongoing SWRCB Change Petition Process Federal Participation in WaterFix (and in Other Water- related Processes)
5 OUTREACH Record shows: 12 years of extensive public outreach Outreach to Environmental Justice communities Responded to more than 16,000 comment letters
6 COMMUNITY BENEFITS FUND Record includes approximately 50 measures to involve Delta communities in addressing local effects Community Benefit Fund
7 SUMMARY OF ALLEGATIONS Ecosystem Land Use Water quality Reduced Reliance Coequal Goals
8 ECOSYSTEM BENEFITS More natural flows Reduced entrainment More stringent south Delta operations Additional spring outflow Consultation and approval by state and federal resource agencies
9 LAND USE Adjacent land use Traffic Levees and road Noise
10 WATER QUALITY Meets D-1641 Export/Inflow ratio Sacramento River reverse flows City of Stockton water quality
11 REDUCED RELIANCE Thorough review of all available south of Delta SWP public agencies water management plans Measurable improvements in regional self-reliance Need for WaterFix was not caused by suppliers failing to reduce reliance Reduced reliance doesn t mean reduced exports
12 CONSISTENCY WITH 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
13 CONSISTENCY WITH THE COEQUAL GOALS A covered action need not single-handedly achieve the coequal goals and enhance Delta as place to show consistency DWR has certified that WaterFix is consistent with all relevant Delta Plan policies. If the Council interprets any of its policies in a manner that makes it infeasible for DWR to show consistency, DWR can alternatively demonstrate that WaterFix advances the coequal goals while avoiding or minimizing impacts to Delta as a place
14 CONSISTENCY WITH THE COEQUAL GOALS WaterFix was designed to, and does, advance the coequal goals as demonstrated in our certification. WaterFix avoids and minimizes impacts to Delta as an evolving place, as demonstrated in our certification and through this hearing.
15 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
16 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
17 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
18 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
19 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
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 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
23 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.
24 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
25 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
26 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
27 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
28 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.
29 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.
30 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)
31 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.
32 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.
