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HomeMy WebLinkAboutPlanning Comm Reports/1993/12/01 (9) ........L~.........&~...... . . I. . I. EXECUTIVE DEPARTMENT . I STATE OF CALIFORNIA = . . . . . . . . . . . . . . . UlCUTIVI CIIDIIl W-38-92 . . WHEREAS. continu.d .conooic d.v.lopoent in both th. urban and rural area. of . . the .tat- d.pends on the availability of saf., r.liabl. water .upplie.; and . . ~~, the continu.d pro.perity and well-beinl of the State and it. . . citlz~n~ require that a lonl-te~, coaprehensive, intearated State water policy be . i.pl~m~nted to .eet the legiti..te needs of all water users. and . WHEREAS, past wat.r develo~.nt bas often taken place at the expen.e of fi.h . . and ~ildlif. resourc... and availability of water play. a key role in ~.teffort. . to .itiaate for past hanlS and to re.tore and aanale fish and wildlife populations . and habitat: and . . WHEREAS, continued population Irowth will create increa.ed deaancla by urban . and a<<ricultural water users, and add to tbe challenee of restarina and aaintainina . health v, viable fi.h and wildlife population.; and . . WHEREAS, it i. e..ential that the executive &lencie., boar cia , and depart.ent. . . of the State of California .hare infonoation and coordinate their activities . relat~ to the State's lona-te~ water policy to aSlure its effective . '.pl....ntation: . . _, 'I1IEREPORI. I, Pr\'I WILSON, Governor of the State of California. by . virtu. of the power and authority ve.ted in .. by the Con.titution and .tatute. of . the Stat. of California, do hereby i..ue the followina order. and directive. in . furthp.rance of . co.prebensive Water Manaa.-ent Policy and Pro.raa, to becqpe . .ff.ctive iaaediately: . . 1. The Water Policy Council is hereby e.tabli.bed witbin tba executive brancb of . State aover,...nt. The Secretary of tbe Resource. ....ency aha}} serve.. ita . Chai.....n. Tbe Water Policy Council .hall c:o.prise tbe additional foll""ina . . person., tOI.tber witb the director. or executive officer. of .ucb otber . depart..ntl or ..eneiel.1 aay be .ppointed upon tbe rec~ndation of the . Chai.....n. . . Secretary, California EnYiro~ntal Protection Aaency . Secr.tary, Busin.... Tran.portation. and Hou.ina Alency . Pi r.ctor, Depart.ent of Food and Alriculture . Director, Departaent of Water Reaource. . Dir.ctor, Depart..nt of Fish and Gull . Dir~ctor, Office of Plannin. and Re.earch III Chair..n, Stat. Water Resource. Control Board III III EXPcllt i v. Off ic.r. Bay-Delta Over.iaht Council . . Th~ ~ater Policy CQuncil aay invite the participation as necessary of other . board~ and c~ission5, and local, federal, and private agencies which have . jurisdiction, expertise, and resources which MY contribute to the continued . ti~\"f'lt)rwent and i.plt'.entat ion of a long-ter., c~prehensiYe State water III ...nag...nt policy and prOlr... includinl but not Ii.ited to the followinl: . . . ........................... .. IIII......L~.............,...... . P~~ III . . III United States Anoy Corps of Elllineers III III United States Depart.ent of tb. Inter.ior . . United States Departaent of eo..erce United States Departaent of ....ricultur. . . United Stat.s Environaental Prot.ction .....ney . . II. The Vat.r Policy Council aball provide for coordination and info....tion . excbanle aaolll _ber aaendes, board.l, and clepartllellU nece....ry for tbe . continued developoent and iapleaentation of various coaponents of tbe State's . lona-teMl, coeprebensive .ater aanaaeeent poliey and prolr... Thele . coaPQnenU sball en.....e an intelrated, pha.ed approacb to water .upplY . solutions. and sball include: III (a) expanded conservation and .fficient use of water. l1li . (hI proaotion of aroundWater bankilll and i.proved aroundwater _..ent, . includina broad application, as feasible, of conjunctive use prolr...; III (c) enlara..ent of the in.titutional fruework for voluntary wat.r tran.fers . III and aarketing; . III Id) us. of new wat.r supply technoloaies; . III (e) construction of new, cost-effective, environs.ntally sound water ~toraae . III and conveyance facilities; . . (f) transfer of the federal Central Valley Project to State control to . pro.ote tbe Statef. authority for water relource ..nal~ent in California . and to i.prove operational flexibility tbrough intearated water supplY . systeas plannina and operation; . (g) actions to i.prove water supply, water quality, .water circulation, and . . environsental protection in the South Delta; . . (h) developoent and i.pleoentation of an Action Proar.. ba.ed on eco.y.t.. . . approacbes for tbe prot.ction and r.storation of fi.b and wildlife and . aquatic habitat; and . (i) consi.tency and coordination with intearated State plannilll. . . Eacb ...ber of tbe Water Policy Council shall continue to execute its . . exi.ting statutory respon.ibilitie.. . . 111. Th. Bay-Delta Oversi&ht Council (BDOCI is bereby e.tablisbed and directed to . assi.t and advi.e tbe Water Polley Council in devel_nt of a coaprehensive . proar.. to protect and enhanCe the San FranciscO Bay/Sacruento-San J.,.q..ill . . . Delta Estuary by acldr..silll water qlllllity concerns, effective desilll and . operation of water export lyst_I, uintenance of Delta lev... and channell. and auarant.e. for protection of tbe Bay-Delta E.tuary and its fiab and l1li wildlif. resources. Thi. prolr.. aball be developed witbin tbe statutory . . fraaework of tbe California Envir_ntal C)lality Act (CIQo\) and tbe National Environaental Poliey Act (NEPA) witb a tarlet coapletioa date of Oeceaber 31, . . 1995. The role of the BDOC wi 11 include Mltilll rec.-endations oa tbe . objectives to be Mt, tbe lpaciflc alternative sollltiOlll to be flllly . evaluated and tbe criterie to be llsed in evallaatilll t'" alternative . .olution.. The Bay-Delts Oversiallt Council ....11 be s\lPPOrted by a Sciencel III Technical Advisory Panel whicb aba11 assi.t witb tbe dovel_nt of . recoaaendation. for Bay-Delta protection that are scientifically sound. . Me.bers of the Bay-Delta Over.i&llt Council aba11 be appointed by t'" . . Governor. . III · . . III · III · III · ........................... ,~ ........1..........1....... . ~~ III III III III · . IV. All State aaencie& and depart.entl shall fully cooperate with the Governor's III . Water Policy Council and the Bay-Delta Oversight Council. III V. On behalf of the Water Policy Council and the Bay-Delta Oversight Council, III . the Secretary for the Resources Alency sball provide periodic reports to the III Governor describina tbe Council's activities and rec~tions witb reaard . to the lona-ter., caaprebensive ..ter policy and proar". In addition all' . findinas. rec~endations. policy illues. or other deter8inations of 'tbe III Water Policy Council sball be suboitted to tbe Governor. . III WI,"""", __ I bave bereunto set wy band III III and caused tbe Great Seal of tbe State of III III California to be affixed tbis 9tb day of III Dec.ber 1992. III ~. III III III III Governor of California III III III III A'ITEST: III . yYl~~~ III III Secretary of State III . III III III III III III III III III III III III III III III III III . III III III III III III III III III . III III · III III III III III III III III III III III III III III ........................... Welcoming Remarks of Douglas P. Wheeler secretary for Resources state of california to The Bay-Delta oversight council On behalf of Governor Wilson, who deeply regrets he can not be here this morning with you, I want to welcome you to Sacramento and to this odyssey upon which you are about to embark. The Governor has asked me to discuss with you his goals for the Council and some of the critical factors you should keep before you in your deliberations. The charge given to you by the Governor is a historic one. Some have called it the California analogue to a Middle East settlement. Each of you will be asked to be part diplomat, part advocate, and part mediator -- in short, to embrace the attributes of a peace-maker. As I think you can all appreciate, peace-making is neither easy or straightforward, nor is it likely to bring you great personal peace during the life of the BDOC, as the Council has come to be called. But peace-making we all must do if this enterprise is to be successful. In a broad sense, your charge, in the words of Governor Wilson, is "to assist and advise the Water policy Council in the development of a comprehensive program to protect and enhance the San Francisco Bay/Sacramento-San Joaquin Delta Estuary by addressing water quality concerns, effective design and operation of water export systems, maintenance of the Delta levees and channels, and guarantees for protection of the Bay-Delta Estuary and its fish and wildlife resources." . Before I elaborate on this charge and then make it more specific in terms of your responsibilities, allow me to provide some context regarding BDOC's origins and the guiding principles upon which it is based. When he assumed office in January of 1991, Governor Wilson. faced dual deficits. One was manifested on the budgetary front, the other was felt as the effects on our water supplies of five years of drought. Both presented obvious problems for the State, but at the time, frankly, the drought commanded more immediate public concern. In response, the Governor established the Drought Team to help the state through the short term crisis. quickly, he led those of us in State government with Action Very 1 responsibilities for these issues, as well as our federal counterparts, in putting together an emergency program. without getting into its details, that program ushered us through the worst of the drought in 1991 and, though the drought persisted, has allowed us to cope through the present day. . The drought's silver lining, if one can be found, is that it has shown us the likely consequences of a future with rising water demands but static water supplies. During the drought farmers h~ve suffered, city dwellers and their businesses have suffered, and our precious fish and wildlife resources have suffered. For those of us on the Drought Action Team, it was painfully apparent, even as we were working to meet the state's immediate needs, that this suffering would persist unless we found a way towards meeting all of California's long-term water needs -- whether they be urban, agricultural, or environmental. All our efforts to address the immediate crisis, even if successful, would amount to little unless complemented by a long- term strategy. Accordingly, after we had worked our way though the immediate crisis, the Governor established his Water Policy Task Force in September of 1991 to develop recommendations on such a long-term strategy. This Task Force was an interagency team drawn from the Secretarial and Department Director levels of the Executive Branch of state government. It included the Directors from the Departments of Food and Agriculture, Water Resources, Fish and Game, the Governor's Office of Planning and Research, and the State Water Resources Control Board. It also included the Secretaries of Business, Transportation, and Housing, Environmental Protection, and myself, serving as the groups chairman. The Governor's direction to us was quite basic. We were to analyze California's water needs through the year 2010 and make recommendations for a comprehensive program to meet those needs. In many ways, our Water Policy Tas~Force was the st~te equivalent of the Three Way Process. Its individual members in the course of carrying out their typical duties -- are responsible for meeting the diverse and historically conflicting water supply needs of urban and agricultural users, for protecting public trust resources, maintaining water quality, and, finally, for ensuring reliable water supplies for growing population. The Governor recognized that each of these needs is legitimate and demanded of the Water Policy Task Force that its recommendations be structured so as to meet them all. The result, which the Governor announced last April in San Diego, was a comprehensive and ambitious action program that will: ** assure efficient use of existing supplies; 2 ** increase storage capacity through off-stream storage south of the Delta; ** promote greater efforts at water recycling; ** facilitate responsible market based voluntary transfers; ** consolidate the operations of the federal Central Valley Project under state control . . As common sense as these measures were -- and continue to be to the Task Force, it was equally evident that they would fall short of securing California's water future and their own potential unless we also effectively addressed the heart of the State's water problem -- the Delta. The Delta is not now meeting the needs of any of the three sectors. In fact, each of the three sectors is increasingly at risk because of the Delta's declining biological health and increasing unreliability as the state's water hub. These concerns are closely inter-related in the respect that the reliability of water supplies for urban and agricultural users will continue to be reduced as public trust resources continue to decline. Quite simply, no one wins with the status quo. No one wins when, as the Governor put it, "the Delta is broken." Guidina Principles Recognizing that the problems in the Delta are inter- related, the Governor has also recognized that the solutions must be inter-related as well. He strongly believes that the only way to achieve these solutions requires building on the spirit of the Three-way Process. This means that we all must begin with some guiding principles. As the Governor has described them, these principles begin with a recognition that each sect05 has legitimat~ needs that must be met. It means, too, that an equitable and lasting solution must be forged by the responsible leadership of each sector, working together in a rational process with a clear orientation toward problem solving and mutual accommodation. It means, finally, that linkage must be forged among the various elements of the solution so that each sector has a reasonable expectation that its needs will be met once this process is concluded. We must reach a solution that equally provides for environmental and economic needs. In as far as it has come to date, which I believe is very far indeed, the Three-way Process evinces these qualities. It really is a remarkable example of enlightened self-interest, and I fully anticipate that its on-going deliberations will continue to add value to your efforts. 3 As for other basic premises upon which BDOC is structured, let me simply repeat what the Governor stated last April. His words, I believe, are as valid today as last spring. He said: ** "any program must begin by recognizing a disturbing truth: the Delta is broken." ** "One of the world's most fecund estuaries, the Delta is also the centerpiece of California's most intractable water problem." ** "Nowhere is there a greater need for a comprehensive program than in the Delta. Solutions must address fish and wildlife needs, efficiency and reliability of water export systems, water quality for various water uses, and the physical integrity of Delta channels and levees." ** "It's critical that the decision-making process be not only comprehensive, but clearly without bias toward any particular group's interests. Rather, it should assess any proposal in terms of its ability to achieve the whole broad range of objectives of all users for fixing the Delta." ** "The California Environmental Quality Act and National Environmental Policy Act provide us a planning framework for a decision-making process. My Administration will initiate a CEQA and NEPA investigation of specific solutions to fix the Delta, with all options on the table." ** "Before any proposal can be implemented, it will have to meet the needs of cities, farms and the environment." ** "Any recommended long-term solution must be scientifically sound and must guarantee protection for the Bay-Delta Estuary. Above all, recommendations to my administration must assure that the needs of no one group of users are sacrificed." The More Specific Charae In addition to guiding principles, the Governor also articulated several more specific charges in the Executive Order creating BDOC. As noted earlier, he has charged you with developing a program within the statutory framework provided by the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA); . He has established for you a target completion date of December ~l, 1995. 4 He has asked you to develop recommendations on the objectives to be met. In essence, this means reaching agreement on both the problems to be addressed and defining a solution in terms of a specific set of objectives. This will enable the thorough and objective comparative evaluation process to have clear and fixed targets against which to evaluate each of the alternatives. He has asked you to develop recommendations on the criteria to be useq in evaluating the alternative solutions. These evaluation criteria will be pivotal to the success of this enterprise because the process requires evaluation criteria that will neither pre-select for nor against a particular form of solution. The evaluation criteria must be as neutral as possible in regards to outcome. He has asked you to recommend the specific alternative solutions to be evaluated. Your recommendations will serve both as the starting point for the public involvement element of the CEQA/NEPA process and, in revised form, as a final set of recommendations. These are far-reaching and fundamental responsibilities. As will be explained later today in the presentation of the preliminary draft work plan, these recommendations are the necessary foundation upon which the comparative evaluation process is based. Many of these responsibilities involve the development of recommendations. They suggest BDOC's "advisory nature," about which I'd like to say a few words. Frankly, some wonder how much power or influence BDOC can yield, given its capacity as an advisory body. The answer is quite simple: the greater degree of consensus reached by the BDOC, the greater its influence. Indeed, I am confident that when this diverse group reaches consensus on these important issues, your collective advice will indeed guide the process of fixing the D~lta. Support for the BDOC As you know, the Governor has appointed John Amodio as BDOC's Executive Officer. Mr. Amodio is responsible for ensuring adequate staffing for the BDOC, for conducting the environmental documentation process, and for maintaining coordination between the Water Policy Council, on which he sits, and the BDOC. He is responsible for delivering all data and analyses necessary for the BDOC to achieve its purpose. And he will arrange for all logistical support to the BDOC. It is staff that entities. important to note, too, that the BDOC has a management is both full-time and autonomous from other state Early on, Mr. Amodio was given the latitude to secure 5 the best people from state service wherever they found, and I am pleased to report he has assembled an impressive team. The Governor made permanent the Water Policy Task Force (now called the Water POlicy Council) in the same Executive Order which created the BDOC. The Water Policy Council's charge is to oversee the continued development and implementation of the state's long-term, comprehensive water management program and policy. Towards this end, the Governor specifically directed all State Age~cies and Departments to fully cooperate with the Bay- Delta Oversight Council. As Chairman of the Water Policy Council, I pledge to assist you as needed. BDOC is also authorized to appoint a technical advisory committee (TAC) to advise it on scientific and technical matters. Members of this technical advisory committee will be chosen by the BDOc in a manner of their own choosing. The Governor and all of us on the Water Policy Council are extremely grateful to your willingness to serve. We respect you as an independent entity. We will support and assist you as best we can. 6 .[ -- OD MWD METROPOUTAN WATER DISTRICT OF SDUTHERN CALIFORNIA Office of Board. of Directors' Utc....1 J. c.,.. f:~""-,.~" .'" a.ar)es D. Barker. 'Iic:e ~'!r."~ JaMC$ H. Blake. I{..:c C'..o1litnar. Harry Griffe., ~;:.a....."., Patrick H. Miller. Va t;..'?Cr.-.s', JOhn IUIle1'er. ~r" scptembGr 16, ~993 The Honorable Bruce Babbitt Secretary Department of the Interior 1849 C street, N.W. Washinqton, D.C. 20240 Dear Secretary Babbitt: As Chairman of the Metropolitan Water District of Southern california (MHO), serving the water needs or over half of California's population, I would like to strongly encourage the Interior Department to join in the state's ~ffort to conduct a Bay Delta solution-finding process. Mr. Secretary, I specifically encourage federal e~gagement with the Bay Delta oversight Council (BDOC), on which I represent the Metropolitan Water District, or perhaps you can offer or create some other appropriate ~ecbanism tor reconciling the economic and environmental dependencies on the Bay Delta that will involve both state and federal agencies working cooperatjvely. I find it ;ronic that the Department is appropriately committed to implementation of the central va.11ey l'roject :Improvemf'\nt Act (CVPIA), but does not seem to recognize the synergy between Title 34 and the BDOC process. Each effort i~ not only eS9f'\ntial to secure California's water future, .but each can only be successful if cooperatively pu.rsued. A centrnl t~net of the CVPIA, which was important to MWD's decision to support this legislation, was creation of a tramework wl1ereby more W<1tcr trans:f..rs: could take place amonq water rights holders, particularly agricultural users and urban suppliers such a~ MWD. BecauS:Q the Delt~ serves as a central switching station in California's water supply network, unless ~nd until its capaoity to mOve ~atf'\r, of adequate quality, and without the current environmental '1 i 511"""'~'~'.,-:-VH'~ ~\)S,;,'''yl,', ~J""~'r,,," \.~.. "",r.:I,", '~:,)~v.1~:~~cr;,.}.rf'P<~S '.,JI-'nrr;,-;-;':Y"" '!::'!t""""t- j:,:..::"Cf::-' .7' The Honorable Bruce Bab!:att -2- September 16, 1993 degradation from north to south is improved, the framework for increased transfers will Call far shor~ of it!> potentiaL Similarly, the CVPIA' t; tar-get of doubl ing anadromou!;. fish populations is laudable, but how will the Bureau succeed in a cost-effective manner, without addressin9 the phy~ical and hydrologic conditions of the Delta? It will be extraordinarily difricult when d5 many as 75% of salmon smolt~ do not survive their passage through the Delta. r am told that some members of your staff have the incorrect impression that the BDOC is nothing more than a stalking horse for the Peripheral Canal: The BDOC is not the PC oommittee. The Council i6 committed Lo investigating all options for addressing the many problems of the Delta. True, the Peripheral Canal will undouhtedly be one potential option for inclusion in a comprehensive plan, but to prejudge the process is unfair and does a dlsservice to the p~ople of Calif0rnia and, indeed, the Nation. Indeed, if your tea~ is concerned that this is the caSe. whY not offer dnother cooperative process to resolve the challenge of the Delta? D"rinq your July visit to the Central valley, yeu spoke of the need to work together. That sentiment was also echoed in your August ceeting with agricultural leaders in Wash~ngton. I agree, Mr. Secretary, that only by working together will we address the underlying cause of the Bay Delta problems so essential to securing California's water future, and the economic and environ~ental values of national significance dependent on the Bay Delta. My understanding is that you have been designated by the pre6ident to be thQ "poL,t" on California wat.er issues. Consequently, I respectfully request that you ask your regional Interior staff to bQcomp. activelY enqaged as participants in the BDOc or a similar process of your design. This engayement will allow the CVPTA and tile BDOC to work along parallel tracks, and js essential to avoid the type of fttrain "'reck." of which yoe h~VQ !;O '?lnq-Jently spoken.. Thank you for yo~r eon~ideration of this inpvrtant matter. S ir)C}i.,rel y, // . /'; ',.f .~.,; I.' .. .' - 7,../ . ~j4d Et \./%c /if f...-/.'';'" ~.'U.......c:../_- ~hael ,T. "ac;re ",: C~O:~0n ~t ~ho B0~fr.