in Sierra Club et al., v. California Department of Water Resources (DWR)
A Judgment & Final Statement of Decision entered on 1/16/24 found that the Department of Water Resources exceeded its authority in August of 2020 when it authorized the issuance of the Delta Program Revenue Bonds – the Bonds to pay for the construction of the Delta Conveyance Project also known as the Delta Tunnel.
Read more at Maven’s Notebook here.
What this means, as explained by Restore the Delta Board Member and Environmental Lawyer, Bob Wright:
“The decision made by the Sacramento County Superior Court held that DWR exceeded its authority in August of 2020 when it adopted Bond Resolutions to authorize the issuance of Bonds to pay for the construction of the Delta Conveyance Project. This is good news for Delta residents and users protecting the impaired and fragile Delta from the destruction that would be caused by diverting significant freshwater flows away from the Delta into a tunnel for export. It is also good news for ratepayers and taxpayers who would be hit with the many billions of dollars this expensive boondoggle would cost.
DWR has gone to the extent of approving the project on December 21, 2023, when it will not be issuing a cost-benefit study intended to inform ratepayers and taxpayers if the project makes any financial sense until the spring or later. No thinking individual would choose which house or car to buy without considering the cost. DWR is trying to pull a fast one on Delta residents, users, and the ratepayers and taxpayers who would pay for the tunnel project.
Now, DWR will have to get either the Legislature or the appellate courts to help it in its efforts to damage the Delta with one hand and take money from ratepayers and taxpayers with the other hand.”