
The Delta Stewardship Council staff today released a draft report finding that the California WaterFix is not consistent with the Delta Plan after considering the appeals filed by an array of organizations, Tribes, and governments to the certification of consistency filed by the California Department of Water Resources.
This is a major victory against the Delta Tunnels project that Governor Jerry Brown is trying to put in place as much as possible before he leaves office in January and Governor-Elect Gavin Newsom takes the helm. The project would divert Sacramento River water from the North Delta through two giant tunnels to the South Delta to facilitate the export of Northern California water to corporate agribusiness on the west side of the San Joaquin Valley and Southern California water agencies.
In light of claims raised by nine appellant groups, Council staff recommends that the Council conclude that substantial evidence does not exist in the record to support the Department's findings that California WaterFix is consistent with the Delta Plan. Staff further recommends that the Council remand the matter to the Department for reconsideration, pursuant to Water Code section 85225.25, according to the report.
The Council staff found that there was no evidence that indicated the Delta Tunnels project would be operated in a manner that meets Delta water quality standards; that DWR did not use the best available science; that DWR did not provide evidence that water suppliers who would benefit from the tunnels would reduce their reliance on the Delta; and DWR failed to demonstrate that the project is consistent with respect to compatibility with local land use plans.
What does this all mean? That means the tunnels will be stopped if the Council members go along with the staff recommendations, said Michael Brodsky, lawyer for the Save the California Delta Alliance. The California Department of Water Resources could revise and resubmit the tunnel project at a later date, but I think that would be unlikely if the vote is that it is not consistent with the Delta Plan.
Brodsky said the council staff accepted three of Save the California Delta Alliance's main arguments: that the Waterfix is not consistent with the Delta Plan.