HomeMy WebLinkAbout2017-03-28 - Resolution No. 17-09 RESOLUTION NO. 17-09
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
YORBA LINDA WATER DISTRICT
IN SUPPORT OF THE ASSOCIATION OF CALIFORNIA WATER AGENCIES
POLICY STATEMENT ON BAY-DELTA FLOW REQUIREMENTS
WHEREAS, the Yorba Linda Water District (the "District") is a member agency of the
Association of California Water Agencies (ACWA); and
WHEREAS, ACWA's Board of Directors adopted a strong policy statement urging the State
Water Resources Control Board to set aside its approach to setting new water
quality objectives in the Bay-Delta watershed; and
WHEREAS, ACWA has requested its member agencies to adopt a resolution in support of its
policy statement on Bay-Delta flow requirements.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the Yorba Linda Water
District does hereby formally support ACWA's policy statement on Bay-Delta flow requirements
as set forth in Exhibit A.
PASSED AND ADOPTED this 28th day of March, 2017 by the following called vote:
AYES: Directors Hall, Hawkins, Jones, Miller and Nederhood
NOES: None
ABSENT: None
ABSTAIN: None
J. Wayn Miller, Ph.D., President
Yorba Linda Water District
ATTEST:
�•
Marc Ma`rcantonio, Board Secretary
Yorba Linda Water District
Reviewed as to form by General Counsel:
A rew B. Gag4rtsq.
Kidman Law, LLP
In Support of ACWA's Policy Statement on Bay-Delta Flow Requirements
EXHIBIT A
In Support of ACWA's Policy Statement on Bay-Delta Flow Requirements 2
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1 1 PO Ll CY STATE •
BAY- D E LTA F LOW
REQUIREMENTS
COLLABORATIVE APPROACH IS Local water managers overwhelmingly believe the
KEYTO CALIFORNIA'S FUTURE proposal's singular focus on "unimpaired flow" is
the wrong choice for the state's future. California's
urban and agricultural water managers are united
California is facing a defining moment in water in their vision for a future that includes a healthy
policy.A staff proposal under consideration by economy as well as healthy ecosystems and fish
the State Water Resources Control Board presents populations.That vision is best achieved through
a decision point about the future we want for comprehensive, collaborative approaches
California and its communities,farms, businesses that include "functional"flows as well as non-
and ecosystems.The State Water Board's staff flow solutions that contribute real benefits to
proposal to base new water quality objectives on ecosystem recovery.
a "percentage of unimpaired flow" would have
impacts that ripple far beyond water for fish. On behalf of its more than 430 member
public agencies serving urban and agricultural
The proposal could lead to widespread fallowing of customers throughout the state,the Association
agricultural land, undercut the state's groundwater of California Water Agencies (ACWA) adopts the
sustainability goals, cripple implementation of the following policy statement regarding the State
Brown Administration's California Water Action Water Board's proposed approach to updating
Plan, negatively affect water reliability for much of the Water Quality Control Plan for the San
the state's population and impact access to surface Francisco Bay/Sacramento-San Joaquin Delta.
water for some disadvantaged communities that
do not have safe drinking water.These effects are
not in the public's interest.
AC W A (916) 441-4545 e www.acwa.com MARCH2017
LOCAL • ' CHOOSING OUR VISION FOR
Collaborative efforts _ been CALIFORNIA'S WATER FUTURE
Bay-Deltasuccessful on many rivers in the
-• Since 2009, state law has required water resources to
River:Lower Yu ba be managed in a way that achieves the coequal goals
• of improving water supply reliability for California
collaborative • ' and protecting, restoring and enhancing the Delta
Yu•' Co u nty Wate r Ag e ecosystem.ACWA and its public water agency members
California -•- of believe that policy requires a commitment from state
• Wildlife, Nationalagencies and stakeholders to advance both water
Fisheries Service, PG&E • supply and environmental goals together.ACWA and its
conservation groups r- • -• 20 members further believe that effective implementation
years of • • - - • resulted of the coequal goals requires transparent, collaborative
continuingin a program to processes and comprehensive solutions.
improve of . and
steelhead habitat while protecting In 2014,the Brown Administration released its California
water
rights • the needsof Water Action Plan outlining priority actions addressing
local • Statewater-use efficiency, groundwater sustainability,
Board members - specificallyecological restoration, Delta conveyance solutions,
recognized the value of water storage, safe drinking water and more. Embedded
agreement, which was formallyin the plan is the Brown Administration's commitment
implemented 00; that planned actions "will move California toward more
sustainable water management by providing a more
Lower American River: A reliable water supply for our farms and communities,
broad representationof waterrestoring important wildlife habitat and species, and
suppliers, . - groups, helping the state's water systems and environment
local governments d others become more resilient."
negotiated an historic agreement
that _• to , flow management ACWA believes the policy of coequal goals and the
stan•, • that - successfully commitment embedded in the California Water Action
incorporated • , �0. Plan have the potential to put California on a path that
biological opinion issued by the includes a vibrant agricultural and urban economy and a
National Marine Fisheries Service. healthy ecosystem.
Feather River: Six years of ACWA and its members believe the unimpaired
negotiationsamong flow approach proposed by State Water Board staff
users, fisheries agencies and undercuts and threatens that potential and cannot lead
environmental groups _ •_• , us to the future we want for California. Simply put, any
comprehensive ,. __ strategy that would result in vast amounts of agricultural
includes a habitat land going out of production and ultimately reduce
program specific flow • water supply reliability for the majority of Californians
temperature requirements to is irreconcilable with a policy of coequal goals and
accommodate •, • salmon blatantly inconsistent with the water policy objectives of
and steelhead.The State Water the Brown Administration.
Board adopted the• _ modification, ACWA strongly supports the collaborative approach
waterwith called for by Governor Jerry Brown to move these
_• under certification important decisions out of adversarial processes and
the _
• ral Clean Water into negotiated, comprehensive agreements.The
following principles can assure success in that endeavor.
A BETTER PATH TO THE FUTURE regulations have not yielded the same track
record.The State Water Board should wholly
embrace this approach and allow enough time
The State Water Board is responsible for updating for it to work.
the Bay-Delta Plan in a manner that establishes
water quality objectives that ensure the reasonable Comprehensive Solutions:A successful
protection of all beneficial uses of water(including collaborative approach will require
domestic, municipal, agricultural and industrial comprehensive solutions for both water
supply; power generation; recreation; aesthetic supply and ecosystem management.Water
enjoyment; navigation; and preservation and users will need to continue and build on
enhancement of fish,wildlife, and other aquatic their commitment to integrated resources
resources)while considering past, present and management in order to maintain reliability
probable future beneficial uses, environmental without undue impacts on the ecosystem.
characteristics,water quality conditions and Similarly, ecosystem managers will need
economic considerations, among other things. to focus on the entire life cycle of affected
(See California Water Code Section 13241.) It also species and multiple variables, such as
has a responsibility to update the plan in a way that predation,food, and habitat availability to
is consistent with the coequal goals and respects develop integrated management portfolios
and implements the commitments made in the that accomplish ecosystem goals without
California Water Action Plan. undue impacts on water supply. Utilizing the
single variable proposed in the "percentage
ACWA and its members urge the State Water of unimpaired flow" approach will not achieve
Board to set aside the unimpaired flow approach the desired ecological outcomes and is, by far,
and heed Governor Brown's call for negotiated the most destructive policy approach from the
agreements.ACWA believes that a successful perspective of protecting and improving water
flows policy must be consistent with the following supply.ACWA firmly believes the ecological
principles: outcomes can be achieved with even better
results through a comprehensive approach
• Collaboration:The governor has called for that considers multiple solutions and benefits.
work on a comprehensive agreement on
environmental flows in both the San Joaquin Science:The State Water Board needs
and Sacramento River basins. He has asked to incorporate the best available science
that State Water Board members and staff to inform its work and assist with the
prioritize analysis and implementation of development of voluntary settlement
voluntary agreements. Further,the Brown agreements.The unimpaired flow approach,
Administration committed in the California in which flow objectives are not tied to
Water Action Plan that the State Water Board any specific ecological outcome,fails to
and the California Natural Resources Agency incorporate the best available science.As
will work with stakeholders to encourage noted above,the updated plan needs to focus
negotiated implementation of protective on the entire life cycle of affected species
Delta standards.ACWA strongly supports and multiple variables, such as predation,
the collaborative approach called for by the food, and habitat availability, and incorporate
governor because it is the least contentious, relevant current scientific information. Science
most effective way to achieve the coequal alone cannot identify the best policy choice,
goals. Negotiated agreements have been but it can inform us about the policy tradeoffs
demonstrably successful at achieving we confront and help structure integrated
outcomes and widespread support for solutions that provide ecosystem benefits with
appropriate environmental flows; forced far less impact on water supply,the California
I �`� „ • economy and the public interest.
I
a
1't
FUNCTIONAL • Functional Flows: Science shows that functional flows
BETTER APPROACH have very promising benefits for fish as well agricultural
and urban water users.Timed and tailored for specific
SacramentoSacramento Valley: Valley purposes,functional flows can benefit species in ways
water users and _ partnersthat unimpaired flow requirements cannot. Examples
are working together to advance a new abound of collaborative, innovative projects currently
generation of innovative projects to underway by local water agencies and stakeholders
promote salmon recovery. that include functional flows and non-flow solutions
_ the past two . • • half years, 12 that reconnect land and water to restore habitat and
projects _ been • _ _• throughaddress the full life cycle of species needs.These
Sacramentothe efforts contribute real benefits to ecosystem recovery
Program . ... - passage, while maintaining water supply reliability.
improveg of flows and increase
habitat for salmon and other species. Economic Considerations:The State Water Board
Priority • - have included removal has a statutory obligation to consider economic
of - barriers to fish passage, impacts when establishing water quality objectives
modifying • predator that reasonably protect all beneficial uses of water.
habitat, '•'• ' Having a robust economic analysis is critical.The
side channel spawning and rearing areas. board also has a policy obligation under the coequal
In addition, program partners _ goals to ensure its actions related to a revised Bay-
exploringcreative ways to reconnect Delta Plan increase water supply reliability and
water with the • in floodplains and thereby allow for a healthy, growing agricultural and
agricultural areas to enhance habitat urban economy in California.
•
habitat in rice fields. Consistency with State Policy: ACWA urges the
WhilState Water Board to heed the governor's direction
projects- - - _' _' - and recognize that achieving the coequal goals will
valu_ n of the entire lead to a more reliable water supply and healthy
• suite is• _ _ ecosystem. Pursuing the coequal goals should be a
unique benefits that can significantly comprehensive guiding principle for the board's decisions related to
improve ecological outcomes for salmon adopting a revised Bay-Delta Plan.The State Water
in the Sacramento Valley. Board also should ensure that its decisions on the
Bay-Delta Plan enable, rather than obstruct,the
Merced River: Merced Irrigation District implementation of the California Water Action Plan.
undertakinghas spent millions of dollars and decades
" and •"• Leadership: The best policy choice will come
scientific research "• River. through the give and take of the negotiating process
This research has included analysis of and the enlightened leadership of the State Water
flows,temperatures, biological resources Board members. Ultimately,the board must establish
and habitat. MID is poised to put thiswater quality objectives that ensure the reasonable
throughresearch into action - -.
protection of all beneficial uses of water as it
S.A• Environment)Plan provide certainty implements negotiated solutions.The State Water
Board should actively engage in this work and lead
supplyfor both the environment Merced •nd local water County. in a manner that is grounded in an awareness of
how its actions can affect the implementation of the
- plan would . . -. -. flows California Water Action Plan and the achievement of
using science to dictate the amounts the coequal goals.
and timing, restore critical sections
• •- • and _ juvenile ACWA and its members have taken a strong policy
salmon, • " position in support of comprehensive solutions such as
quality, upgradethose outlined in the California Water Action Plan.We
reducehatchepredation.- ' - stand ready to work with the Brown Administration to
and pursue the collaborative and comprehensive approaches
Based • in-depth _nce and needed to ensure a future for California that includes a
technologically advanced computer vibrant agricultural and urban economy and a healthy
modeling, - - immediate ecosystem.
action d dramatically benefit