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Draft Delta water rules offer restoration option

The State Water Resources Control Board has released a draft plan allowing water users to choose between maintaining flow rates or funding habitat projects.

Reese Hardy

September 14, 20262 min read

Civic Water Policy - illustration, Jake Team LLC

The State Water Resources Control Board has issued a final draft of its regulatory framework governing freshwater flows through the Sacramento-San Joaquin Delta. The board will accept public feedback on the proposal until Friday, Sept. 18, before potentially adopting the Water Quality Control Plan at an Oct. 28 meeting.

Under the proposed rules, entities holding water rights may select one of two compliance methods. The first option requires maintaining a minimum flow rate from Sacramento River tributaries. Alternatively, users may voluntarily fund habitat restoration projects that include specific flow volumes instead of sustaining the required minimum flow rate.

The Delta serves as a critical water source for nearly 30 million residents and 4 million acres of agricultural land across California. Spanning over 1,000 square miles, the region channels water from the Sierra Nevada mountains through San Francisco Bay.

The area supports endangered wildlife, replenishes groundwater supplies, and acts as the intake point for the State Water Project, a 700-mile infrastructure system delivering water to Central and Southern California.

Eric Buescher, managing attorney for the environmental nonprofit San Francisco Baykeeper, described the baseline for calculating flow standards as "unimpaired flow." He defined this as the total volume of rain and snow that would naturally move through rivers into the Delta without obstruction from dams or diversions.

Water agencies opting for the first compliance path must commit to maintaining 55% of unimpaired flow in the river. This requirement may drop to 35% during the driest periods. Buescher noted that while 55% is not ideal, it represents a significant improvement over current practices and the alternative restoration pathway.

The second option, known as the Healthy Rivers and Landscape pathway, applies specifically to the Sacramento River and its tributaries. This method relies on voluntary agreements to restore fish spawning and rearing habitats. Participating agencies must provide specific water volumes from tributaries including the American, Yuba, Feather, and Mokelumne rivers.

These required volumes vary based on whether the year is wet or dry and follow a monthly schedule. The commitments are legally enforceable and subject to monitoring and reporting on ecological outcomes. If the board determines a user fails to meet these obligations, it can shift that agency into the regulatory pathway requiring 55% unimpaired flow.

Buescher criticized the restoration requirements for focusing on land shaping rather than ensuring adequate water inundation. He stated the agreements prioritize building habitat acres without guaranteeing the land is wetted at the right times or in the correct locations.

Some stakeholders argue that this portion of the plan effectively transfers regulatory authority to the groups it is intended to oversee. Regulatory plans for the Delta and Bay watershed were first established by the board in 1978, with the most recent version implemented in 2018.

Source: Pleasanton Weekly.

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pleasantonweekly.com

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Reese Hardy

Reese Hardy writes about community life, schools, public safety, and local events in Pleasanton.

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