Sacramento County Board of Supervisors Sacramento County Water Agency. October 21, 2008

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1 Sacramento County Board of Supervisors Sacramento County Water Agency October 21, 2008 Adopt Resolutions Approving the Sacramento County and the Sacramento County Water Agency Policies With Respect to Bay-Delta Activities Including the Bay-Delta Conservation Plan and the Delta Vision

2 Agenda Background, Setting, and Problem Summary Delta History for Context Delta Vision Delta Vision Strategic Plan Bay Delta Conservation Plan Comments by Selected Entities Recommendations

3 Delta Facts Confluence of Sacramento and San Joaquin Rivers Delta islands provide habitat for many animal and plant species Source of irrigation water for seven million acres of agricultural land Municipal and industrial water supply for two-thirds of California residents Delta is a key conveyance point for the states two largest water projects that transport water to Central and Southern CA Central Valley Project State Water Project

4 Delta Watershed Boundary

5 Sacramento and San Joaquin Rivers

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7 Delta Problems For decades the Delta has been in decline Delta quality is getting worse Islands are subsiding Numerous species are threatened Levees are deteriorating Conflicts among those within the Delta, those who use water exported from the Delta, and the watershed (upstream)

8 Delta 1860 s

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10 Land Surface Below Sea Level

11 Reclamation Districts Map

12 Modern Delta 700 mile maze of sloughs, canals, waterways and islands Home to more than 500,000 people, Contains 500,000 acres of agriculture Provides habitat for 700 native plant and animal species Provides water for more than 25 million Californians, 3 million acres of agriculture Water conveyed through the Delta sustains $400 billion of CA s statewide economy

13 Federal Central Valley Project (CVP) Authorized in 1937 Consists of 20 dams, canals, 11 million acre feet of storage (includes Shasta, Folsom) Delivers 7 million acre feet contract water annually Contracts 85% Agriculture, 15% Urban Area of Origin Protections

14 State Water Project State Electorate approved Bonds in 1960 Facilities include Oroville Dam, canals Water contracts for 4.2 million acre feet to 29 public water agencies Deliveries limited to 2.3 million by SWRCB D-1485 in 1978

15 State and Federal Water Project Facilities

16 Historic Diversion from Within the Delta

17 Delta Protections Delta Protection Act (1959) Delta Protection Commission (1992) Purpose is to ensure that development as defined by the Delta Protection Act and associated General Plans is consistent with the Resource Management Plan developed by the Commission 24 member Commission comprised of local elected and State appointed members

18 Delta Protection Commission

19 Reverse Flow

20 State s Effort to Solve Water Supply Problems (CalFed) 1994 Formation of CalFed, 18 state and federal agencies came together to address Delta conditions June 1994: Framework Agreement December 2004: Bay-Delta Accord CalFed Principles 1. Ecosystem Quality 2. Water Supply 3. Water Quality 4. Vulnerability of Delta Functions

21 Beginnings of Delta Vision Established by Governor s Executive Order on September 17, 2006 Charged with developing a durable vision for sustainable management of the Delta over the long term Restore and maintain identified functions and values important to the Delta s environmental quality and economic and social well-being of the state Seven members appointed to serve by the Governor

22 How the Delta Vision Was Developed Task Force held 14 days of public meetings A 43-member Stakeholder Coordination Group met publicly for 15 days, and provided input to the Task Force Task Force recommendations were informed by Delta Science Advisors, other state and federal agencies and public testimony Three drafts and a final version of Our Vision for the California Delta were published as a result of this process

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24 The Delta Vision An independent approach to the crisis in the Delta resulted in 12 recommendations and 7 near-term actions Recommendations are integrated and linked together they are not designed to be cherry picked

25 Delta Vision Recommendations 1) Delta ecosystem and reliable water supply are the primary, co-equal goals for sustainable management of the Delta.

26 Delta Vision Recommendations 2) The California Delta is a unique and valued area, warranting recognition and special legal status 3) The Delta ecosystem must function as part of a healthy estuary. 4) California s water supply is limited and must be managed with significantly more efficiency to be adequate for its future population, growing economy, and vital environment.

27 Delta Vision Recommendations 5) The foundation for policymaking about California water resources must be the longstanding principles of reasonable use and public trust ; these principles are particularly important and applicable to the Delta.

28 Public Trust Doctrine Embodies the principle that the State as sovereign owns all of its navigable water ways and the lands lying beneath them as trustee of a public trust for the benefit of the people

29 Delta Vision Recommendations 6) The goals of conservation, efficiency, and sustainable use must drive California water policies. 7) A revitalized Delta ecosystem will require reduced diversions, or changes in patterns and timing of those diversions, upstream, within the Delta and exported from the Delta at critical times. 8) New facilities for conveyance and storage, and better linkage between the two, are needed to better manage California s water resources, the estuary and exports.

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33 C D E L T A O N V E Y A N C E

34 Delta Vision Recommendations 9) Major investments in the California Delta and the statewide water management system must be consistent with, and integrate specific policies in this vision. In particular, these strategic investments must strengthen selected levees, improve floodplain management, and improve water circulation and quality. 10) It is essential to have an independent body with authority to achieve the co-equal goals while also recognizing the importance of the Delta as a unique and valued area.

35 Delta Vision Recommendations 11) Discouraging inappropriate urbanization of the Delta is critical both to preserve the Delta s unique character and to ensure adequate public safety. 12) Institutions and policies for the Delta should be designed for resiliency and adaptation.

36 The Delta Vision Strategic Plan Delta Vision Blue Ribbon Task Force Public Meetings August 18-28, 2008

37 Delta Vision Task Force Strategic Plan Implementation 1. Water Supply Reliability Strategies 1, 2, 3, 4 and 5 2. Ecosystem Strategies 6, 7, 8, 9 and The Delta as a Place Strategy Governance and Finance Strategies 12, 13, 14, 15, 16, 17 and 18

38 Delta Vision Task Force Strategic Plan Implementation Water Supply Reliability Strategy 1 Strategy 2 Strategy 3 Strategy 4 Strategy 5 Vastly Improve the Efficient Use of Water Optimize Regional Self Sufficiency by Increasing the Diversity of Local and Regional Water Supplies Integrate Central Valley Flood Management with Water Supply Planning Improve Reliability and Predictability of Water Diverted from the Delta Watershed to Support Co-Equal Values Improve Water Quality for Drinking Water, Agriculture, and the Ecosystem

39 Strategies for Water Supply

40 Delta Vision Task Force Strategic Plan Implementation Ecosystem Improvements Strategy 6 Strategy 7 Strategy 8 Strategy 9 Strategy 10 Restore Extensive Interconnected Habitats Restore Delta Flows and Channels to Reflect California Climate Patterns and Support a Healthy Delta Estuary Reduce Ecosystem Stressors Establish an Effective Adaptive Management Framework to Support Ecosystem Revitalization Establish Multi-Purpose Migratory Corridors Along Selected Delta River Channels

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42 Delta Vision Task Force Strategic Plan Implementation The Delta as a Place Strategy 11 Design the Delta as a Unique and Valued Place

43 Delta Vision Task Force Strategic Plan Implementation Governance and Finance Strategy 12 Achieve Levels of Emergency Protection Consistent with Federal and State Policies Strategy 13 Adopt an Overall Policy for Levee Design, Investment, Financing Priorities, and Maintenance Strategy 14 Ensure Appropriate Land Uses in the Delta Strategy 15 Create New Governance System to Manage the Co-Equal Value sand Other State Interests of the Delta

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45 Delta Vision Task Force Strategic Plan Implementation Governance and Finance (con t) Strategy 16 Strategy 17 Strategy 18 Create a California Delta Ecosystem and Water Plan to Ensure Flexibility and Consistency of Action Among State, Federal, and Local Entities Finance the Activities Called for in the California Delta Ecosystem and Water Plan Through User Fees and Other Effective and Transparent Tools Improve the Compliance of Diversions and Use of Water With All Applicable Laws, Regulations, and Constitutional Principles

46 Governance and Finance: strategy 17 Finance the Activities Called for in the California Delta Ecosystem and Water Plan through User Fees and Other Effective and Transparent Financing Tools Private beneficiaries pay for benefits; public pays for broader benefits Funding based on full compliance with CDEW plan and Council decisions Costs Isolated conveyance $4.2 billion: Sacramento County side $7.2 billion: Yolo County side Ecosystem revitalization $2.5 billion Levee improvements $20 billion Next year costs $12-24 billion with no estimates for annual operating costs Who pays? Water contractors (exporters will pay for conveyance) Beneficiaries Create multiple revenue streams with layering Funding provides mechanism to assure consistency with CDEW plan

47 Bay-Delta Conservation Plan Multi-species habitat conservation plan for the Delta Proposed by the water exporters and the state and federal water contractors Involves converting Delta agricultural lands to wetlands Little or no participation by affected land owners or local government

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49 C O D E L T A N V E Y A N C E

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51 Sacramento County Policies with Respect to Bay-Delta Related Activities Including the Bay-Delta Conservation Plan and the Delta Vision 1. Mitigate All Significant Adverse Impacts 2. Protect Area-of-Origin and Water Rights Priorities 3. Local Elected Government Representation for any New Governance Structure 4. Protect Local Government Authorities 5. Integrate SSHCP with Bay Delta Conservation Plan 6. Adequately Fund Flood Control, Transportation, Through-Delta Water Conveyance Facilities, etc 7. Mitigate for Impacts to the Sacramento Regional County Sanitation District and the Freeport Regional Water Authority Operations 8. Any solution to the problems being addressed in the Delta must account for multiple causes of the Delta s decline and not simply focus on one or even a limited number.

52 Sacramento County Policy Positions With Respect to Delta Actions and Activities 1. Actions associated with the Delta ecosystem and water supply reliability for area south of the Delta must not redirect unmitigated adverse environmental, economic or social impacts to Sacramento County.

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54 Sacramento County Policy Positions With Respect to Delta Actions and Activities 2. Actions and activities associated with the Delta must honor and adhere to water rights priorities and areaof-origin protections. Sacramento county opposes water user fees that would tax water users in the areas of origin for the cost of mitigation efforts in the Delta or to provide a water supply for those south of the Delta.

55 Water Rights Water rights first tied to land ownership Riparian rights with no priority in time Appropriative rights- priority system- first in time, first in right Post State Water Resources Control Board regulates water allocation Water rights are generally considered real property

56 Water Rights (con t) Rights subject to reasonable use California Constitution Article X, Section 2

57 Water Rights (con t) Area of Origin Protections County of Origin Act Provides assurance that any new application to appropriate water for use by a county of origin will not be rejected because of senior export permits based on State-filed applications with earlier priorities. Watershed Protection Act Reserves the right to appropriate water for use by those within the watershed or immediately adjacent thereto.

58 Sacramento County Policy Positions With Respect to Delta Actions and Activities 3. Water conveyance facilities routed through Sacramento County must have no adverse effect on the existing and future operation of the Sacramento Regional County Sanitation District ( SRCSD ) facilities or on the Freeport Regional Water Project ( FRWP ). Other adverse impacts of water conveyance facilities routed through Sacramento County must be fully mitigated. Sacramento County must be fully involved in routing and operational issues of water conveyance facilities located within Sacramento County.

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60 Sacramento County Policy Positions With Respect to Delta Actions and Activities 4. Sacramento County will protect its governmental prerogatives in the areas of its local land use authority, tax and related revenues, public health and safety, economic development and agricultural stability.

61 Sacramento County Policy Positions With Respect to Delta Actions and Activities 5. Sacramento County will protect its ability to govern, as an elected body, from proposed usurpation through governance by a non-elected, appointed board or council. Any councils, commissions or boards established to govern the Delta must include voting membership for elected representatives from Sacramento County, and elected representatives from the Delta counties must be a majority on any of these bodies.

62 Sacramento County Policy Positions With Respect to Delta Actions and Activities 6. Sacramento County will work with the BDCP s efforts to insure that it does not conflict with County land use planning, economic development, including agriculture, and that it is consistent and compatible with the South County HCP.

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65 Sacramento County Policy Positions With Respect to Delta Actions and Activities 7. Financial resources must be committed to maintain and enhance vital transportation and flood control infrastructure within those areas of the Delta that are within Sacramento County. Financial resources also need to be committed to improved emergency response within the Delta.

66 Sacramento County Policy Positions With Respect to Delta Actions and Activities 8. Any solution to the problems being addressed in the Delta must account for multiple causes of the Delta s decline and not simply focus on one or even a limited number of them.

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68 Next Steps Continue meetings with local state and federal elected representatives Develop legislative policies consistent with adopted Board policies Continue commenting on Bay-Delta proposals