State Water Board delays final decision on Delta protections

By Sonia Diermayer

On August 21-22 the State Water Board held what was supposed to be a final hearing on the Bay-Delta Plan: a proposal requiring that more freshwater be allowed to flow down three tributaries of the San Joaquin River to protect Delta communities and endangered fish. But just days before the hearing, the Board announced an indefinite postponement of its decision.

The San Francisco Public Utilities Commission (SFPUC) opposes the Bay-Delta Plan. After years of negotiating opportunities, opponents including SFPUC are still pushing back hard to avoid giving up any water, delaying the process yet again. You can express your opinion on San Francisco's stonewalling of the plan at the first meeting SFPUC has scheduled in a year and a half to discuss this topic in public:

Tuesday, August 28, 1:30pm
SF City Hall, Room 400

The City of San Francisco, which draws a major part of its water supply from the Tuolumne River, would bear a share of responsibility for reducing its diversions from the river. Its staff argues that there would be catastrophic impacts to the city's drought-readiness and economy, despite strong evidence to the contrary compiled by advocates at Tuolumne River Trust.

For years, the SFPUC has quietly opposed the Water Board's efforts in behind-the-scenes meetings, insisting on a separately negotiated deal for the City. Due to its lobbying efforts, the Bay Area Water Supply and Conservation Agency, which represents 24 cities and water districts that buy Tuolumne River water from SF, have also joined in this obstructionist strategy. Only Palo Alto gave the Water Plan a closer public examination, and then voted unanimously to support it. The current delay may be reflective of the multi-agency push for "voluntary settlement agreements".

In opposing the Board's proposal, San Francisco and BAWSCA ally themselves with powerful, radical voices in San Joaquin Valley political and corporate agriculture circles. These interests label the Bay-Delta Plan to reduce their diversions a "water grab", a "taking" of "their water". On August 20, these groups mobilized a crowd of around 1,500 (according to the Sacramento Bee's estimate) local and state politicians, farm workers, and busloads of Future Farmers of America youth for an angry rally on the Capitol steps to protest the Board's plan.

Communications from the SFPUC and fellow Bay-Delta Plan opponents in Modesto and Merced claim that measures such as habitat restoration and eradicating non-native predators could restore salmon and other endangered species without the need for more fresh water flows. Such claims are disputed by wildlife biologists and the Water Board's own scientific reports.

During the Aug 21-22 State Water Board hearing and through many media statements, opponents expressed clearly their intention to use whatever means necessary to defend their right to continue diverting water out of rivers and the Delta. Threats include legal and legislative action against the Board and its plan, as well as the US Bureau of Reclamation's stated intention to consider overriding California law in pumping water through the federal Central Valley Project system.

According to the proposed plan, an average of 30-50 percent of the natural water volume in the Merced, Tuolumne, and Stanislaus Rivers would be allowed to flow downstream into the SF Bay-Delta without being diverted for other uses. While scientists have found that 60 percent of the natural flow should stay in these rivers for healthy habitat and preservation of fish species, the proposal reflects concessions to agricultural and urban water diverters for their irrigation and drinking water needs as well. The Board's staff now believes that the average 40 percent of natural flows between February and June could stave off the further decline of protected species.

Throughout the process, Sierra Club and our allies have lobbied hard for 60 percent river flows based on science that shows that that level would be needed to restore fish and would also benefit commercial and recreational fishermen and -women, Delta farm and tourism communities, tribal interests, riparian habitats in the heart of California. Dwindling water supplies belong to the commons and must be shared equitably among all Californians and the environment.

The Republican Congress and Trump administration are doing everything they can to roll back Endangered Species Act protections and Californian's ability to litigate against harmful projects. The minimum flows mandated by this State Water Board Plan may become our last recourse to save the Delta and struggling fish populations. The consequences of the Board's decision are likely to be with us for decades.

The State Water Board and its proposed plan to balance water needs among all Californians and the environment are under heavy siege from all sides! We need to defend the Board's authority and independence to carry out its mission of allocating water among all of California's water needs, including those of the environment.

What You Can Do

Call your state legislator

Ask them to publicly voice support for: 1) the State Water Board and its mission, 2) the current 40 percent flows proposal for the San Joaquin River tributaries, OR higher, 3) all sectors taking their share of responsibility to ensure fresh water flows for healthy San Joaquin River tributary watersheds and the SF-Bay Delta. Find your legislator and their contact information online at findyourrep.legislature.ca.gov.

Attend the SFPUC meeting and comment

Tell the commissioners you support: 1) the State Water Board and its mission, 2) the current 40 percent flows proposal for the San Joaquin River tributaries, OR higher, 3) the SFPUC taking its share of responsibility to ensure fresh water flows for a healthy Tuolumne River watershed and SF-Bay Delta.

If you live in San Francisco, call your supervisor!

Ask them to demand that the SFPUC drop its opposition to the State Board's Water Plan Update. State points 1), 2), and 3) above. Find board contact information online here or call (415) 554-5184.


Photos: Top – Delta Smelt survey boat in the Delta courtesy USFWS/ Peter Johnson; Bottom – Rally in Sacramento in support of the Bay-Delta Plan, courtesy San Francisco Baykeeper.