HomeMy WebLinkAbout11 APPROVE COMMENT LETTER ON THE DRAFT BAY DELTA CONSERVATION PLAN 01( Agenda Item 11
G .e, AGENDA REPORT Reviewed:
a e City Manager
GST1
Finance Director N/A
MEETING DATE: JULY 15, 2014
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: APPROVE COMMENT LETTER ON THE DRAFT BAY DELTA
CONSERVATION PLAN
SUMMARY
The comment period on the Draft Bay Delta Conservation Plan will close on July 29, 2014. The
Municipal Water District of Orange County, which the City is a member of, has requested member
agencies consider submitting comments.
RECOMMENDATION
It is recommended that the City Council approve the attached Draft Bay Delta Conservation Plan
Comment Letter and authorize the Mayor to sign the letter on behalf of the City.
FISCAL IMPACT
There is no fiscal impact associated with this item.
CORRELATION TO STRATEGIC PLAN
This agreement contributes to the fulfillment of Strategic Plan Goal D, which among other things is
to work collaboratively with agencies on issues of mutual interest of concern.
DISCUSSION
The Sacramento-San Joaquin Delta is a critical link in the state's water supply system, and home
to one of California's most important ecosystems. More than 25 million Californians and three
million acres of farmland rely on water that moves through the Delta. Currently, this vital water
supply is ushered through by 100-year-old, fragile levees that are vulnerable to collapse in the
event of a major earthquake. If such an event were to occur, saltwater could contaminate
freshwater in the Delta, and a critical source of water could be unavailable for a year or longer for
two thirds of California's population.
Orange County remains dependent on imported water to meet approximately 45 percent of its
average annual demand, with the State Water Project (SWP) deliveries from the Delta meeting
approximately half of those needs. The Delta ecosystem and water supply conveyance problems
have long been recognized, and have remained in a continuing state of degradation, conflict, and
stalemate.
The Municipal Water District of Orange County (MWDOC) works as a resource planning agency
for the majority of Orange County and has been the lead agency for review of the Draft BDCP.
MWDOC has encouraged all member agencies to submit comments on the Draft BDCP to ensure
a consistent message is delivered from the region.
Draft BDCP Comment Letter .
July 15, 2014
Page 2
Comments on the Draft BDCP are due on July 29, 2014.
►you• a• Stack, P.E.
•ire t• Public Works/City Engineer
Attachment: Draft Bay Delta Conservation Plan Comment Letter
S:\City Council Items\2014 Council Items\07-15-2014\BDCP Letter\BDCP Comment Letter.docx
Office of the City Council
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July 15, 2014 tts'
BDCP Comments
Ryan Wulff, National Marine Fisheries Services
650 Capitol Mall, Suite 5-100
Sacramento, CA 95814
Dear Mr. Wulff:
The City of Tustin is pleased to submit comments on the Draft Bay Delta
Conservation Plan (BDCP), Draft Environmental Impact Report/Environmental
Impact Statement (EIR/EIS) and Draft BDCP Implementing Agreement.
The City of Tustin is a retail water supplier in Orange County that is governed by
a publicly elected City Council.
The City of Tustin Water Service provides potable drinking water to 70,000
residents through 14,150 service connections. Our supplies are a blend of
groundwater provided by Orange County Water District and water imported from
State Water Project and the Colorado River by the Municipal Water District of
Orange County via the Metropolitan Water District of Southern California.
Groundwater comes from natural underground aquifer that is replenished with
water from the Santa Ana River, local rainfall and imported water.
In spite of the world-class efforts of agencies in Orange County to provide greater
water supply certainty for eight percent of California's population and the $200
billion economy they represent, Orange County remains dependent on imported
water to meet approximately 45 percent of its average annual demand, with the
State Water Project (SWP) deliveries from the Delta meeting approximately half
of those needs. The Delta ecosystem and water supply conveyance problems
have long been recognized, and have remained in a continuing state of
degradation, conflict, and stalemate.
Many years and hundreds of millions of dollars have been spent on study efforts
while the delta system continues to be used for water conveyance in a manner
for which it was not intended. The longer it takes to implement the resolution, the
more expensive it will become. This stalemate has been punctuated by droughts,
floods, economic losses, environmental degradation and litigation every decade
since the construction of the SWP in the 1960's. We can no longer delay action
Mayor Al Murray • Mayor Pro Tern Charles E. "Chuck" Puckett • John Nielsen • Rebecca "Beckie" Gomez • Allan Bernstein
300 Centennial Way, Tustin, CA 92780 • (714) 573-3010 • www.tustinca.org
Bay Delta Conservation Plan Comments
July 15, 2014
Page 2 of 4
in the Delta, and urge the State and federal government to quickly move forward
with the Preferred Alternative. Failing to act and move forward is not an
acceptable alternative.
In recent years the endangered species biological opinions for protection of Delta
and Longfin Smelt and Chinook Salmon have resulted in massive cutbacks in
exports by over 1.5 million acre-feet per year and without the BDCP further cuts
of another 1.0 million acre-feet per year could occur with new endangered
species listings according to the BDCP briefing documents. This situation is
untenable and a solution must be found to stop this hemorrhaging of this critical
foundational water supply to southern California. The BDCP is the best hope we
have and it must be approved and implemented in a timely and cost-effective
manner.
We offer the following specific comments on the BDCP:
1. We strongly support the BDCP Preferred Alternative (No. 4) and oppose
the No Action Alternative: It is critical to the state's economy and
environment that both the State and federal government expeditiously
follow through with the decision for adopting and implementing the BDCP.
2. Co-Equal Goals: The BDCP must be implemented in a manner consistent
with the co-equal goals adopted by the State. Preferred Alternative (No.
4) is consistent with the Delta Reform Act of 2009's co-equal goals.
3. New Facilities and In-Delta Operational Flexibility: The modernization of
the Delta conveyance system is essential in order for habitat restoration
and conservation to have its intended effect; Preferred Alternative (No. 4),
which incorporates the 9,000 cubic feet per second (cfs) three intake, twin
tunnel conveyance system, provides the best balance between
operational flexibility and modernizing the conveyance system for
environmental benefit and water supply reliability.
4. Reduced Future Reliance: The 2009 Delta legislation called for water
agencies to reduce future reliance on the Delta, not to become 100
percent "self-reliant". While our major efforts in these areas will continue,
it is important to note that "reduced reliance" does not equate to and was
never intended to require a move to 100 percent "self-reliance" and the
notion of co-equal goals was never intended to result in a future with
significant reduction in exports from levels achieved before the 2008 bio-
opinions.
5. Plan Implementation and Regulatory Assurance: The BDCP must provide
the needed implementation and regulatory structure and assurances to
help achieve the co-equal goals.
Bay Delta Conservation Plan Comments
July 15, 2014
Page 3 of 4
a. To us, this means that it is virtually impossible to predict the
outcome of the BDCP habitat restoration efforts and endangered
species population dynamics, and such a standard should not be
required in the DEIR/DEIS.
b. Furthermore, this means that changed circumstances under the
operation of the BDCP, including the potential for new species
listing, be incorporated in such a manner to result in a minimum
impact on future water supply exports.
6. Sound Science: It is critical that sound science is provided in order to
assure the long-term success of the BDCP. We strongly support the
inclusion of independent scientific investigation and research to be
included in the BDCP process.
7. Cost Allocation: We support the "beneficiary pays principle" in cost
allocation for all responsible parties and beneficiaries.
8. Implementing Agreement: The Implementing Agreement is a contractual,
legally-binding agreement that spells out the commitments and
assurances as well as the terms and conditions for on-going
implementation of the BDCP. Clarity in this agreement is essential as
well as the balance in implementation of the co-equal goals.
9. Economy, Environment and Water Management: The State Water Project
(SWP) is critically important to the Orange County economy, environment
and water management. Implementation of the BDCP is critical to Orange
County's future.
a. Orange County and our agency have invested heavily to diversify
our water portfolio but the SWP remains a critical source of low
salinity water supply that is currently unacceptably jeopardized by
the lack of sustainability of the current Bay-Delta system.
b. Orange County relies on the SWP to support groundwater
conjunctive use programs and water recycling programs - it is an
essential part of our water reliability strategy that sustains our
citizens and businesses.
c. We support the 9,000 cfs twin tunnel Preferred Alternative (No. 4)
provided reasonable assurances are included regarding
governance and future decision-making in the process. We
strongly advocate for a seat at the table for the water Permittees in
the various oversight groups. The investment and decision-making
Bay Delta Conservation Plan Comments
July 15, 2014
Page 4 of 4
must be structured to achieve a positive outcome for both the SWP
and Permittees and the ecosystem restoration in a collaborative,
partnership manner.
It is now time for the State and Federal government to adopt and move the
BDCP to implementation in order to achieve the 2009 legislation's co-equal goals
of improving water supply reliability and ecosystem restoration and improved
function by implementing the BDCP Preferred Alternative (4).
Thank you for your time and consideration of these comments.
Sincerely,
Elwyn A. Murray
Mayor