Delta Flows: The tunnel, an audit, an election, the unending loop

By: Barbara Barrigan-Parrilla

Our team has been working tirelessly to defend the Delta and our communities against the Delta Conveyance Project (DCP). 

While we have secured victories in the courts regarding bond financing, the Delta Stewardship Council (DSC) has unfortunately approved the California Department of Water Resources’ (DWR) Certification of Consistency for the proposed the DCP, even though the project fails to meet the co-equal goals of protecting the Delta and reducing water reliance on the Delta.

Last week, Restore the Delta along with Tribes, expert witnesses and multiple coalition partners also filed rebuttal testimony with the Administrative Hearing Office for the State Water Resources Control Board (SWRCB). In our testimony, we disputed numerous claims made by DWR regarding the “merits” and planning for the DCP. 

A revelatory point in our case elucidates how hundreds of thousands of impacted water users, both local residents and Tribes, were written out of the footprint of the project as a way for DWR to bypass investigating any harm and having to provide the appropriate level of mitigation. Our argument is that DWR must prove that with the Change in Point of Diversion they are proposing – allowing for two new intakes along the Sacramento River in the North Delta – would not negatively impact water users in the Delta watershed.

But importantly, the effort doesn’t end there if we are to prevent the tunnel from being frontloaded in continuing business for the next Governor, whoever that may be. 

We have two important items that you can help take action on by calling your State Senators and Assemblymembers.

Supporting a DWR financial audit

Assembly Member Rhodesia Ransom has been the primary legislative proponent of an audit of DWR for its spending on the DCP. To date, DWR “has spent over $700 million on planning and public engagement related to the Delta Conveyance Project and past iterations of the project. Despite this substantial expenditure, critical public information remains inaccessible, and significant questions remain unanswered—particularly regarding whether DWR has done its due diligence to ensure the fiscal integrity of the project, and whether hundreds of millions of dollars are being appropriately allocated,” alleviating financial pressure and impact on ratepayers, and any risks that could be attributed to California ratepayers and property taxpayers. 

The next Joint Legislative Audit Committee is scheduled to meet June 1.  Although the hearing time and agenda have not yet been made public yet, we are asking our supporters to call their State Senator and Assembly Members to express their support of the audit, even if they are not part of the Audit Committee since elected officials should ALL be advocating for financial accountability of DWR.  

If you don’t know who your representatives are, you can find them here. Next, call their office to voice your support for the DWR Audit. Here’s a script that you can opt to use: 

“I expect Senator/Assembly Member [Official’s Name] to support the audit of the Department of Water Resources and their spending on the Delta Conveyance Project. Please urge your colleagues on the Audit Committee to support this important audit. The Delta Conveyance Project is set to financially mirror the out of control spending on High Speed Rail, and without benefit for increased water delivery.”

It is our duty to keep the legislature accountable, and we must make sure they hear us and our concerns about the impact of failed water planning. A bad project like the DCP should not be left on the books for our next governor.

We are also hoping that our supporters can take the time on June 1 to join us to voice support with the committee. Although these hearings can be long and difficult with the public usually being relegated to only stating whether or not they support the item without additional commentary, it is important for us to have a sizable presence. We know that water contractors and special interest water industry leaders will all appear in large numbers (as they did last year) to oppose financial transparency. We’ve learned time and time again that “big water” provides fat paychecks for those who thwart public interest, protection of the Delta, and responsible water management in California.

A huge thank you to Assemblymember Ransom for her efforts to lead and bring accountability to the project. Once we learn more, we will continue to share updates about the audit and the hearing schedule.

Opposition to AB2215

The State Water Contractors are advancing AB2215 as a legislative solution to DWR’s expired water rights for the State Water Project and the DCP, rather than through proper procedure at the State Water Board. The bill, authored by Assemblymember Calderon, is moving for a floor vote in the Assembly and could happen at any time. If it passes, it will then move to the State Senate.

Now that you know who your State Senator and Assemblymember are (if you didn’t already), here’s a script you can use to call their office about opposing AB2215:

“I am calling to ask that you oppose AB2215 and legislative interference in water rights, especially in relation to the Delta Conveyance Project. The Delta Conveyance Project is a $100 million boondoggle that California cannot afford. I ask that you side with our community that will be negatively impacted by this project rather than State Water Contractors who continuously work to undermine transparency and full inclusion of Californians in water management. The tunnel is a dangerous symptom of ineffective California water management.”

The Legislature, in many ways, is still beholden to Governor Newsom, and the special interests that have driven his failed water policies for the Bay-Delta watershed, urban water users, and San Joaquin Valley drinking water communities. His intent is clear – leave the system filled with bad projects and programs to drive this failed water agenda forward, despite whoever becomes the next Governor. 

In a recent press release, Governor Newsom provided more political spin that falls short of stating what the true devastating impact of the DCP would be and what it really means for Californians. While the administration celebrates restoring salmon habitat on the Klamath River, it also champions a massive tunnel project that would divert freshwater away from the Delta and further threaten fish populations and the communities that rely on a healthy bay-delta with adequate water flows.

It is time to stop the machine. Raise your voices and help us fight for the watershed, the Delta, fisheries, Tribes, Delta farming communities, the San Francisco Bay, and the people throughout the state who are impacted one way or another by the Delta Tunnel Boondoggle.

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