For Immediate Release:
August 8, 2024
MEDIA CONTACTS:
Alexandra Nagy, alexandra@sunstonestrategies.org
Leela Yadav, leela@sunstonestrategies.org
Environmental and tribal groups call for postponement to ensure fair participation for impacted communities and alignment with potential updated water quality standards
Sacramento, Calif – Yesterday, the Delta Tribal Environmental Coalition (DTEC), represented by the Environmental Justice Law and Advocacy Clinic at Yale Law School, and partner environmental organizations submitted a comprehensive pre-hearing conference statement expressing significant concerns with the proposed schedule and process for the Delta Conveyance Project (DCP) hearings.
The State Water Resources Control Board (SWRCB) announced a public hearing for the Delta Conveyance Project on January 16, 2025, with an initial pre-hearing conference on August 13, 2024. This hearing marks a significant step in evaluating the Department of Water Resources’ controversial project.
The statement, submitted by a coalition of Tribes and environmental advocacy organizations, including the Buena Vista Rancheria of Me-Wuk Indians, Shingle Springs Band of Miwok Indians, Winnemem Wintu Tribe, Little Manila Rising, Restore the Delta, San Francisco Baykeeper, California Indian Environmental Alliance, and Golden State Salmon Association, highlights several key issues with the public hearing schedule.
Notably, the schedule is premature and is a reflection of the SWRCB not working in good faith with impacted communities, limiting meaningful and fair public participation. The DCP hearing schedule has considerable overlap with Sites Reservoir proceedings, which strains resources for many disadvantaged communities and Tribal Nations who are negatively impacted by both projects.
“Communities that are directly impacted by the DCP are entitled to participate in these hearings without barrier, especially Tribal Nations whose culture and way of life are intertwined with the Delta and whose lives could be adversely impacted by the potential outcome of these hearings,” said Stephanie Safdi, Visiting Clinical Associate Professor of Law at the Environmental Justice Law and Advocacy Clinic at Yale Law School.
Moreover, the DCP hearing schedule finalizes issues with the project while informal resolution proceedings are still ongoing, which could undermine the negotiation process and conflict with existing water quality standards that are currently being revised.
“Proceeding with the DCP hearings without incorporating updates to the Bay-Delta water quality standards compromises the integrity of the decision making process. Evaluating the DCP against outdated standards could have detrimental effects on the ecological health of the Delta and the communities dependent on it,” said Eric Buescher, Managing Attorney at San Francisco Baykeeper.
In light of these concerns, the coalition urges the Department of Water Resources to defer the August 13, 2024 pre-hearing conference and related deadlines until the informal resolution period concludes on November 12, 2024. This deferral would allow for more thorough and good faith negotiations, ensure adequate time for effective participation by all stakeholders, and align the evaluation process with the updated water quality standards.
The coalition emphasizes that such adjustments are crucial to ensure a fair, comprehensive, and transparent review process for the Delta Conveyance Project, balancing the needs of the environment, Tribal Nations, and impacted communities.
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