Butte County Board of Supervisors Agenda Transmittal

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1 Clerk of the Board Use Only Butte County Board of Supervisors Agenda Transmittal Agenda Item: 3.24 Subject: Resolution in Opposition to the Bay Delta Conservation Plan Department: Water and Resource Conservation Meeting Date Requested: August 14, 2012 Contact: Paul Gosselin Phone: Regular Agenda Consent Agenda Department Summary: (Information provided in this section will be included on the agenda. Attach explanatory memorandum and other background information as necessary). On July 25, 2012, Governor Brown, U.S. Interior Secretary Salazar and Eric Schwaab, Deputy NOAA Administrator announced their preferred plan for the Bay Delta Conservation Plan (BDCP). The BDCP is being conducted as a Habitat Conservation Plan/National Communities Conservation Plan (HCP/NCCPs). The BDCP will include a dual conveyance (peripheral canals) facility, extensive conservation, habitat restoration, biological goals and other measures to improve Delta species. The BDCP will cost at least $14 billion and may be as much as $50 billion over the next 50 years. Although mostly financed by water contractors, the public and north of the Delta water agencies may bear some of the costs through repayment of the water bond and/or fees. The BDCP could affect local surface water deliveries, stream flows, recreation and the sustainability of the groundwater basin. Unless it is changed, the BDCP would impact the region's economy, communities, and ecosystem. Over the past three years, Butte County has submitted to the BDCP lead agencies recommendations to resolve local concerns. The BDCP, released on July , did not resolve Butte County's concerns. The County's opposition to the BDCP is being recommended a part of a resolution and corresponding letters to Governor Brown, U.S. Interior Secretary Salazar and California Natural Resources Secretary Laird. Fiscal Impact: None. Personnel Impact: Does not apply. Action Requested: 1. Adopt resolution and authorize the Chair to sign. 2. Approve letter and authorize the Chair to sign. Administrative Office Review: Sang Kim, Deputy Chief Administrative Officer

2 BOARD OF SUPERVISORS ADMINISTRATION CENTER 25 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA TELEPHONE: (530) BILL CONNELLY First District LARRY WAHL Second District MAUREEN KIRK Third District STEVE LAMBERT, Chair Fourth District KIM K. YAMAGUCHI Fifth District August 14, 2012 The Honorable Edmund G. Brown, Jr. Governor of the State of California State Capital Sacramento, CA Re: Butte County s Opposition to the Bay Delta Conservation Plan (BDCP) Dear Governor Brown: We understand the critical importance of achieving the co-equal goals improving water supply reliability and restoring the Delta ecosystem for the entire State of California. Butte County and the northern Sacramento valley region have an interest in the overall health and stewardship of the Delta and the outcome of the BDCP process. The northern Sacramento valley region is the Area of Origin for much of the water that flows through the Delta and therefore, our region is a major source for California s overall water supply picture. Our surface water resources include the crown jewel of the State Water Project (SWP) located at Lake Oroville, as well as a network of creeks and rivers that are tributary to the great Sacramento River which feeds into the Delta. Our region s water resources are more than the water supply for the Delta and the state. They provide the life blood for our agricultural-based communities, economy and environment. Much of our local water supply comes from the various groundwater basins throughout the region that are recharged through these creeks and rivers. A successful Bay Delta Conservation Plan (BDCP) will be a key component to achieving the co-equal goals. Unfortunately, the proposed BDCP will not fulfill its intended goals and would result in unintended impacts to Butte County and much of the northern Sacramento valley region. For these reasons, the Butte County Board of Supervisors passed a resolution on August 14, 2012 in opposition to the BDCP. We remain hopeful that a successful BDCP can move forward. As we have done previously, we are offering reasonable and constructive steps that will remediate our concerns in a manner consistent with the stated goals of the BDCP. We greatly appreciate the commitment that, implementation of the BDCP will not result in adverse effects on water rights of those in the watershed of the Delta, nor will it impose any obligations on water users upstream of the Delta to supplement flows in and through the Delta. Those principles honor the importance of water rights and area of origin water rights to the northern Sacramento Valley region. Future circumstances and other considerations could undermine the commitment made to the region. We

3 recommend that the BDCP lead agencies develop an enforceable means to assure that these principles will be honored by BDCP lead agencies. Additionally, BDCP lead agencies should aggressively promote these operational principles to other agencies that have authority over water rights including the State Water Resources Control Board and the Delta Stewardship Council. We are concerned about the economic and social impacts from changes to storage in Lake Oroville. Implementation of the BDCP will cause Lake Oroville to remain in a dead pool condition in most years. This situation would render Lake Oroville inoperable as a recreation venue, damage the ecosystem and become a visual blight on the region. Unfortunately a specific assessment of recreational, ecologic and economic impacts has not been conducted. Lake Oroville is more than a part of the SWP system. Lake Oroville is integral to our recreation, economy and ecosystem for those in its Area of Origin. Butte County has been in dispute with the State of California over its failure to meet its obligation regarding the Lake Oroville facility. Actions through this BDCP that further erode Lake Oroville s economic, recreation and ecosystem benefit cannot be dismissed or ignored. We hope that the State of California will reverse its historic pattern of broken promises and imposition of socioeconomic impacts on how it operates Lake Oroville. A successful conclusion to the BDCP process will occur in large part with open and effective communication and consultation. The current BDCP leadership under Gerald Meral, Assistant Secretary for the California Natural Resources Agency, has vastly improved public participation. As the process moves forward, increased consultation will be required. Two years ago, Butte County requested that the Natural Resources Agency establish a local issues group for the northern Sacramento Valley region. Such a group could include public agencies, municipalities, civic and environmental organizations. Improving public participation will serve to advance a successful BDCP product that will honor and protect the Delta watershed, water right priorities and Area of Origin water rights. It is our hope that the BDCP leadership will establish a meaningful dialogue effort for the northern Sacramento valley region. We hope that you understand the reasons for our opposition to the BDCP. There are meaningful steps that can be taken to resolve our concerns. The BDCP process offers a great opportunity to remedy many of the challenges facing the Delta ecosystem and uncertainty over the state s water supply system. Sincerely, Steve Lambert, Chair Butte County Board of Supervisors cc: Members, Board of Supervisors Paul Yoder, Shaw/Yoder/Antwih

4 BOARD OF SUPERVISORS ADMINISTRATION CENTER 25 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA TELEPHONE: (530) BILL CONNELLY First District LARRY WAHL Second District MAUREEN KIRK Third District STEVE LAMBERT, Chair Fourth District KIM K. YAMAGUCHI Fifth District August 14, 2012 The Honorable John Laird, Secretary California Natural Resources Agency 1416 Ninth Street, Suite 1311 Sacramento, CA Re: Butte County s Opposition to the Bay Delta Conservation Plan (BDCP) Dear Secretary Laird: We understand the critical importance of achieving the co-equal goals improving water supply reliability and restoring the Delta ecosystem for the entire State of California. Butte County and the northern Sacramento valley region have an interest in the overall health and stewardship of the Delta and the outcome of the BDCP process. The northern Sacramento valley region is the Area of Origin for much of the water that flows through the Delta and therefore, our region is a major source for California s overall water supply picture. Our surface water resources include the crown jewel of the State Water Project (SWP) located at Lake Oroville, as well as a network of creeks and rivers that are tributary to the great Sacramento River which feeds into the Delta. Our region s water resources are more than the water supply for the Delta and the state. They provide the life blood for our agricultural-based communities, economy and environment. Much of our local water supply comes from the various groundwater basins throughout the region that are recharged through these creeks and rivers. A successful Bay Delta Conservation Plan (BDCP) will be a key component to achieving the co-equal goals. Unfortunately, the proposed BDCP will not fulfill its intended goals and would result in unintended impacts to Butte County and much of the northern Sacramento valley region. For these reasons, the Butte County Board of Supervisors passed a resolution on August 14, 2012 in opposition to the BDCP. We remain hopeful that a successful BDCP can move forward. As we have done previously, we are offering reasonable and constructive steps that will remediate our concerns in a manner consistent with the stated goals of the BDCP. We greatly appreciate the commitment that, implementation of the BDCP will not result in adverse effects on water rights of those in the watershed of the Delta, nor will it impose any obligations on water users upstream of the Delta to supplement flows in and through the Delta. Those principles honor the

5 importance of water rights and area of origin water rights to the northern Sacramento Valley region. Future circumstances and other considerations could undermine the commitment made to the region. We recommend that the BDCP lead agencies develop an enforceable means to assure that these principles will be honored by BDCP lead agencies. Additionally, BDCP lead agencies should aggressively promote these operational principles to other agencies that have authority over water rights including the State Water Resources Control Board and the Delta Stewardship Council. We are concerned about the economic and social impacts from changes to storage in Lake Oroville. Implementation of the BDCP will cause Lake Oroville to remain in a dead pool condition in most years. This situation would render Lake Oroville inoperable as a recreation venue, damage the ecosystem and become a visual blight on the region. Unfortunately a specific assessment of recreational, ecologic and economic impacts has not been conducted. Lake Oroville is more than a part of the SWP system. Lake Oroville is integral to our recreation, economy and ecosystem for those in its Area of Origin. Butte County has been in dispute with the State of California over its failure to meet its obligation regarding the Lake Oroville facility. Actions through this BDCP that further erode Lake Oroville s economic, recreation and ecosystem benefit cannot be dismissed or ignored. We hope that the State of California will reverse its historic pattern of broken promises and imposition of socioeconomic impacts on how it operates Lake Oroville. A successful conclusion to the BDCP process will occur in large part with open and effective communication and consultation. The current BDCP leadership under Gerald Meral, Assistant Secretary for the California Natural Resources Agency, has vastly improved public participation. As the process moves forward, increased consultation will be required. Two years ago, Butte County requested that the Natural Resources Agency establish a local issues group for the northern Sacramento Valley region. Such a group could include public agencies, municipalities, civic and environmental organizations. Improving public participation will serve to advance a successful BDCP product that will honor and protect the Delta watershed, water right priorities and Area of Origin water rights. It is our hope that the BDCP leadership will establish a meaningful dialogue effort for the northern Sacramento valley region. We hope that you understand the reasons for our opposition to the BDCP. There are meaningful steps that can be taken to resolve our concerns. The BDCP process offers a great opportunity to remedy many of the challenges facing the Delta ecosystem and uncertainty over the state s water supply system. Sincerely, Steve Lambert, Chair Butte County Board of Supervisors cc: Members, Board of Supervisors Paul Yoder, Shaw/Yoder/Antwih

6 BOARD OF SUPERVISORS ADMINISTRATION CENTER 25 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA TELEPHONE: (530) BILL CONNELLY First District LARRY WAHL Second District MAUREEN KIRK Third District STEVE LAMBERT, Chair Fourth District KIM K. YAMAGUCHI Fifth District August 14, 2012 The Honorable Ken Salazar, Secretary United State Department of Interior 1849 C Street, NW Washington, D.C Re: Butte County s Opposition to the Bay Delta Conservation Plan (BDCP) Dear Secretary Salazar: We understand the critical importance of achieving the co-equal goals improving water supply reliability and restoring the Delta ecosystem for the entire State of California. Butte County and the northern Sacramento valley region have an interest in the overall health and stewardship of the Delta and the outcome of the BDCP process. The northern Sacramento valley region is the Area of Origin for much of the water that flows through the Delta and therefore, our region is a major source for California s overall water supply picture. Our surface water resources include the crown jewel of the State Water Project (SWP) located at Lake Oroville, as well as a network of creeks and rivers that are tributary to the great Sacramento River which feeds into the Delta. Our region s water resources are more than the water supply for the Delta and the state. They provide the life blood for our agricultural-based communities, economy and environment. Much of our local water supply comes from the various groundwater basins throughout the region that are recharged through these creeks and rivers. A successful Bay Delta Conservation Plan (BDCP) will be a key component to achieving the co-equal goals. Unfortunately, the proposed BDCP will not fulfill its intended goals and would result in unintended impacts to Butte County and much of the northern Sacramento valley region. For these reasons, the Butte County Board of Supervisors passed a resolution on August 14, 2012 in opposition to the BDCP. We remain hopeful that a successful BDCP can move forward. As we have done previously, we are offering reasonable and constructive steps that will remediate our concerns in a manner consistent with the stated goals of the BDCP. We greatly appreciate the commitment that, implementation of the BDCP will not result in adverse effects on water rights of those in the watershed of the Delta, nor will it impose any obligations on water users upstream of the Delta to supplement flows in and through the Delta. Those principles honor the

7 importance of water rights and area of origin water rights to the northern Sacramento Valley region. Future circumstances and other considerations could undermine the commitment made to the region. We recommend that the BDCP lead agencies develop an enforceable means to assure that these principles will be honored by BDCP lead agencies. Additionally, BDCP lead agencies should aggressively promote these operational principles to other agencies that have authority over water rights including the State Water Resources Control Board and the Delta Stewardship Council. We are concerned about the economic and social impacts from changes to storage in Lake Oroville. Implementation of the BDCP will cause Lake Oroville to remain in a dead pool condition in most years. This situation would render Lake Oroville inoperable as a recreation venue, damage the ecosystem and become a visual blight on the region. Unfortunately a specific assessment of recreational, ecologic and economic impacts has not been conducted. Lake Oroville is more than a part of the SWP system. Lake Oroville is integral to our recreation, economy and ecosystem for those in its Area of Origin. Butte County has been in dispute with the State of California over its failure to meet its obligation regarding the Lake Oroville facility. Actions through this BDCP that further erode Lake Oroville s economic, recreation and ecosystem benefit cannot be dismissed or ignored. We hope that the State of California will reverse its historic pattern of broken promises and imposition of socioeconomic impacts on how it operates Lake Oroville. A successful conclusion to the BDCP process will occur in large part with open and effective communication and consultation. The current BDCP leadership under Gerald Meral, Assistant Secretary for the California Natural Resources Agency, has vastly improved public participation. As the process moves forward, increased consultation will be required. Two years ago, Butte County requested that the Natural Resources Agency establish a local issues group for the northern Sacramento Valley region. Such a group could include public agencies, municipalities, civic and environmental organizations. Improving public participation will serve to advance a successful BDCP product that will honor and protect the Delta watershed, water right priorities and Area of Origin water rights. It is our hope that the BDCP leadership will establish a meaningful dialogue effort for the northern Sacramento valley region. We hope that you understand the reasons for our opposition to the BDCP. There are meaningful steps that can be taken to resolve our concerns. The BDCP process offers a great opportunity to remedy many of the challenges facing the Delta ecosystem and uncertainty over the state s water supply system. Sincerely, Steve Lambert, Chair Butte County Board of Supervisors cc: Members of the Board of Supervisors Kristi More, The Ferguson Group

8 RESOLUTION OPPOSING THE BAY DELTA CONSERVATION PLAN (BDCP) WHEREAS, the California Natural Resources Agency and the U.S. Department of Interior are the lead agencies in preparing the BDCP in partnership with other interested parties; and; WHEREAS, the BDCP is being developed in compliance with the Federal Endangered Species Act (ESA), the California Endangered Species Act and the California Natural Communities Conservation Planning Act (NCCPA), and; WHEREAS, the BDCP intends to meet the co-equal goals of improving the Delta ecosystem and water supply reliability, and WHEREAS, the Butte County Board of Supervisors has offered the BDCP lead agencies specific actions to ensure a successful BDCP without impacting the northern Sacramento valley: Establish a Local Issue Group to improve consultation with the northern Sacramento valley; Formalize an assurance that water rights and area of origin water rights would be protected; Avoid devastating local and regional economic impacts from the lowering storage in Lake Oroville; Assess local and regional socioeconomic impacts; WHEREAS, on July 25, 2012 the State of California and U.S. Department of Interior announced their preferred option for the BDCP; and WHEREAS, the preferred BDCP option fails to address the concerns of Butte County and the region, and; WHEREAS, the preferred BDCP option may cause Butte County and the region severe economic, societal and environmental harm, and; NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Butte County Board of Supervisors OPPOSES the Bay Delta Conservation Plan until such time adequate assurances and protections are provided to Butte County and the region. PASSED AND ADOPTED by the Butte County Board of Supervisors this 14th day of August, 2012 by the following vote: AYES: NOES: ABSENT: NOT VOTING: ATTEST: Chief Administrative Officer and Clerk of the Board of Supervisors Steve Lambert, Chair Board of Supervisors by