Tribal and Environmental Advocates Denounce Certification of Consistency Approval for the Delta Conveyance Project

Groups warn the project ignores state law, threatens important Tribal cultural sites and the health of the Delta ecosystem.

For Immediate Release:

April 23, 2026

Contact:
Ashley Castaneda, ashley@restorethedelta.org

Sacramento, CA – A coalition of tribes and environmental advocates expressed sharp criticism following the Delta Stewardship Council’s approval of the California Department of Water Resources (DWR) Certification of Consistency for the proposed Delta Conveyance Project (DCP). The coalition argues that the project violates state law and poses an imminent threat to Delta communities, its ecosystem and cultural heritage.The coalition, consisting of the Shingle Springs Band of Miwok Indians, the Winnemem Wintu Tribe, San Francisco Baykeeper, Center for Biological Diversity, California Sportfishing Protection Alliance, Little Manila Rising, Friends of the River, California Indian Environmental Alliance, Sierra Club California and Restore the Delta, appealed the Certificate of Consistency late last year, citing the project would:

  • Irreparably harm Tribal Cultural Resources including cultural sites, burial grounds and traditional use areas – highlighting the lack of any meaningful Tribal consultation
  • Intensify environmental harm by increasing diversions from the Delta, reducing protective water flows for threatened fish species and increasing harmful algal blooms
  • Worsen environmental injustices, placing disproportionate burdens on Delta residents including low-income, Tribal and Latino communities
  • Increase water reliance on the Delta, directly contradicting Delta Plan requirements, and weakening water flow protections

In the decision, the Council did defer back to the DWR two important issues related to the Golden Mussel and Sacramento Sewer’s Water program for further review. Rather than resolving these concerns within the proceeding, the draft decision directs DWR to consider whether additional measures are warranted, but only requires changes where deemed feasible. 

STATEMENTS FROM COALITION MEMBERS:

Malissa Tayaba, Vice Chair, Chingle Springs Band of Miwok Indians:

“Consistency with a plan meant to ensure co-equal goals can only be achieved by projects that treat Delta tribal and environmental water goals as truly equal. The Delta Conveyance Project treats our goals as less equal than the goal of diverting more water out of the Delta. The fact that the Governor’s appointees determined otherwise doesn’t change this fundamental reality. Yet again we are seeing political expediency win out over commitments to a healthy estuary. We will continue fighting against this destructive project.”

Gary Mulcahy, Government Liaison at Winnemem Wintu Tribe:

“The Delta Stewardship Council does not know the legality of what they ruled on because DWR’s documents do not support the consistency of the project for Tribes, environmental justice communities and fisheries. It’s just another giveaway to the Newsom Administration and DWR before the Governor leaves office.

Eric Buescher, Managing Attorney, San Francisco Baykeeper:

“The Delta Stewardship Council’s decision to accept DWR’s Certification of Consistency with the Delta Reform Act contradicts evidence and records provided by the coalition. “The Delta Reform Act was passed to protect, restore, and enhance the ecosystem of the San Francisco Bay-Delta and to preserve the Delta as a place. The Delta Conveyance Project would do the opposite. 

The Stewardship Council’s decision to conclude that this project is consistent with the co-equal goals of the Act is disappointing and inconsistent with the law and the evidence. The Council’s decision ignores the big picture and common sense in favor of a cramped understanding of the statute and of the Delta itself. In doing so, the Council abandons the co-equal goals and abandons the Delta.”

Christie Ralston, Associate Attorney, San Francisco Baykeeper:

“Today, the Delta Stewardship Council ignored clear defects in the Draft Decision on the appeals of the Department of Water Resource’s Certification of Consistency for the Delta Conveyance Project.  It did this in order to ram through the governor’s desire to break ground on the Delta Tunnel as soon as possible regardless of the impacts on Delta wildlife, ecosystems, economies, communities, and Tribes. 

In denying the many appeals the Council received, it has allowed DWR to sweep under the rug the devastating effects the Tunnel could have for years to come. And the breakneck speed at which the Council moved in making its decision robbed the public, appellants, and even the Council members themselves from being able to digest the Decision and meaningfully engage with it. Disappointingly, the Delta Stewardship Council has failed in its role as steward of the Delta.”

Barbara Barrigan-Parrilla, Executive Director at Restore the Delta adds, “Today’s Delta Stewardship Council meeting and vote was farcical. They failed to consider the vast majority of documented records by appellants as they twisted regulations to justify their political actions. Citing incorrectly that the Council followed the law proves that Newsom appointees do not have the backbone to learn and implement the law accurately. We are disappointed but not surprised.”

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