This measure would declare that overflow water from reservoirs that are a part of the federal Central Valley Project should be redirected to put the water to the most beneficial use and released in the central valley and that the Sacramento-San Joaquin Delta pumping facilities should be put into operation to divert water from being wastefully sent out to the Pacific Ocean and instead sent to areas where the water is critically needed.

This measure would declare that overflow water from reservoirs that are a part of the federal Central Valley Project should be redirected to put the water to the most beneficial use and released in the central valley and that the Sacramento-San Joaquin Delta pumping facilities should be put into operation to divert water from being wastefully sent out to the Pacific Ocean and instead sent to areas where the water is critically needed.

WHEREAS, The State of California has been experiencing a historic drought, lasting five years; and

WHEREAS, During this state-declared drought, California has not seen a full water allocation from the federal government; and

WHEREAS, On April 1, 2015, Governor Jerry Brown announced Californias first mandatory statewide water restrictions, requesting a 25-percent decrease in urban water use from 2013 levels; and

WHEREAS, California is the worlds fifth largest supplier of food, as it grows 43 percent of the nations fruit, nuts, and vegetables and more than 90 percent of the nations almonds, grapes, and broccoli. With the current drought conditions, California farmers ability to grow crops has been severely affected. In 2014, California farmers were forced to fallow more than 500,000 acres. The central valley is one of the states most important economic regions, and with the continuance of drought conditions, the economy and agricultural production will continue to suffer; and

WHEREAS, Although the El Nino-fueled storms have improved the water levels in some of the states largest reservoirs, the states drought persists; and

WHEREAS, Under current federal law, the federal Bureau of Reclamation requires a dam to release water when the dam reaches a capacity of 60 percent; that water is known as overflow water. However, there is no guarantee that the reservoirs will reach those water levels again; and

WHEREAS, On March 18, 2016, pursuant to the federal Bureau of Reclamations requirements, Shasta Lake Reservoir, a keystone reservoir of the federal Central Valley Project and Californias biggest reservoir that serves California growers, released water at a rate of 20,000 cubic feet per second, a significant increase from the normal rate of 5,000 cubic feet per second. This was the quickest rate the bureau has released water into the upper Sacramento River since 2011; and

WHEREAS, Overflow water that is released from the reservoirs and into the Sacramento-San Joaquin Delta ultimately ends up in the ocean; and

WHEREAS, There are more efficient uses of this overflow water; and

WHEREAS, More than 23 million Californians and millions of acres of farmland rely on the Sacramento-San Joaquin Delta for all or part of their water supply, and countless species count on the delta for their habitat. Releasing water into the ocean that can otherwise be used in a more efficient and beneficial manner results in damage to the farms and species; now, therefore, be it

Resolved by the Assembly and the Senate of the State of California, jointly, That the State of California declares that the overflow water from reservoirs that are a part of the federal Central Valley Project, including, but not limited to, Shasta and Folsom Lake Reservoirs, should be redirected to put the water to beneficial use and released in the central valley; and be it further

Resolved, That the Sacramento-San Joaquin Delta pumping facilities should be put into operation to divert the water from being wastefully sent out to the Pacific Ocean and instead sent to areas, such as the central valley and southern California, where the water is critically needed; and be it further

Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representative from California in the Congress of the United States, and to the author for appropriate distribution.

WHEREAS, The State of California has been experiencing a historic drought, lasting five years; and

WHEREAS, During this state-declared drought, California has not seen a full water allocation from the federal government; and

WHEREAS, On April 1, 2015, Governor Jerry Brown announced Californias first mandatory statewide water restrictions, requesting a 25-percent decrease in urban water use from 2013 levels; and

WHEREAS, California is the worlds fifth largest supplier of food, as it grows 43 percent of the nations fruit, nuts, and vegetables and more than 90 percent of the nations almonds, grapes, and broccoli. With the current drought conditions, farmers ability to grow crops has been severely affected. In 2014, California farmers were forced to fallow more than 500,000 acres. The central valley is one of the states most important economic regions, and with the continuance of drought conditions, the economy and agricultural production will continue to suffer; and

WHEREAS, Although the El Nino-fueled storms have improved the water levels in some of the states largest reservoirs, the states drought persists; and

WHEREAS, Under current federal law, the federal Bureau of Reclamation requires a dam to release water when the dam reaches a capacity of 60 percent; that water is known as overflow water. However, there is no guarantee that the reservoirs will reach those water levels again; and

WHEREAS, On March 18, 2016, pursuant to the federal Bureau of Reclamations requirements, Shasta Lake Reservoir, a keystone reservoir of the federal Central Valley Project and Californias biggest reservoir that serves California growers, released water at a rate of 20,000 cubic feet per second, a significant increase from the normal rate of 5,000 cubic feet per second. This was the quickest rate the bureau has released water into the upper Sacramento River since 2011; and

WHEREAS, Overflow water that is released from the reservoirs and into the Sacramento-San Joaquin Delta ultimately ends up in the ocean; and

WHEREAS, There are more efficient uses of this overflow water; and

WHEREAS, More than 23 million Californians and millions of acres of farmland rely on the Sacramento-San Joaquin Delta for all or part of their water supply, and countless species count on the delta for their habitat. Releasing water into the ocean that can otherwise be used in a more efficient and beneficial manner results in damage to the farms and species; now, therefore, be it

Resolved by the Assembly and the Senate of the State of California, jointly, That the State of California declares that the overflow water from reservoirs that are a part of the federal Central Valley Project, including, but not limited to, Shasta and Folsom Lake Reservoirs, should be redirected to put the water to beneficial use and released in the central valley; and be it further

Resolved, That the Sacramento-San Joaquin Delta pumping facilities should be put into operation to divert the water from being wastefully sent out to the Pacific Ocean and instead sent to areas, such as the central valley and southern California, where the water is critically needed; and be it further

Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representative from California in the Congress of the United States, and to the author for appropriate distribution.

Date of Hearing: June 14, 2016

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Marc Levine, Chair

ABPCA Bill Id:AJR 36 (

Author:Mathis) – As Amended Ver:April 27, 2016

SUBJECT: Overflow water: beneficial use

SUMMARY: Resolves that the State of California declares that overflow water from the federal Central Valley Project (CVP) reservoirs should be used in the Central Valley. Specifically, this bill:

1. Resolves that overflow water from the CVP reservoirs should be used in the Central Valley.
2. Resolves that the Delta pumping facilities should be put into operation to divert water from being sent out to the Pacific Ocean.
3. References a March 18, 2016, release of water from Lake Shasta Reservoir.
4. Defines overflow water and characterizes its release to the ocean as an inefficient use of water.

EXISTING LAW:

1. Requires the US Army Corps of Engineers (USACE) to regulate reservoirs constructed with federal funds for flood control.
2. Requires the US Bureau of Reclamation to operate the CVP, and to among other things, regulate and improve flood control.
3. Provides for the listing and protection of species as threatened or endangered under federal and state endangered species acts.
4. Requires the CVP and the State Water Project to maintain water quality standards in the Delta.

FISCAL EFFECT: Unknown

COMMENTS: This measure resolves that the CVP reservoir overflow should be used in the central valley through the operation of the Delta pumping facilities.

1. Author’s statement: The severity of the current drought has highlighted the State’s deficiency in terms of identifying beneficial water use. With over 16 million acre feet of water being lost to the ocean this year alone, we have missed the opportunity to refill our depleted reservoirs throughout Southern California. We should commit to safeguarding the human right to water by diverting excess water flows.
2. Background: Beneficial use of overflow: This resolution is based on the premise that the most beneficial use of the CVP overflow water is a redirection of water to the Central Valley. Some believe sending water out to sea is a waste and we should instead sent it to the Central Valley where it is needed most. However, operations of the CVP are complex and balance many uses, some of which may be in conflict. Most of this is determined by existing state and federal law discussed above.

The most beneficial use of the water actually depends on the conditions at the time. There are points in time where a redirection to the Central Valley may be the most beneficial use and there are points in time where uses, such as environmental or water quality purposes, will be the most beneficial.

For example, the Central Valley and southern California are greatly served by keeping the Delta healthy and protecting against salinity intrusion from the San Pablo Bay into the Delta. When there is a large storm event that triggers an overflow release, pulling all of that overflow water from the Delta could cause salinity intrusion. Consequently, complying with this resolution would actually compromise the quality of water to the Central Valley.

Why there is overflow: Reservoir water supplies are operated for multiple uses. The federal Rivers and Harbors Act requires the CVP be operated to:

1. regulate rivers and improve flood control and navigation,
2. provide water for irrigation and domestic use,
3. generate power,
4. provide recreation,
5. create fish and wildlife enhancement, and
6. generate water quality improvements.

The USACE develops “rule curves” for all reservoirs with a flood control purpose; most reservoirs have some flood control purpose, and virtually all large CVP reservoirs have a flood control purpose. Flood control is the primary reason for why a reservoir, including those in the CVP, would release overflow water. Numerous state and federal agencies are responsible for flood control operations and what triggers a release of overflow water, though hard guidelines are established for each reservoir that has flood control purposes by the USACE. The ultimate decision to release overflow water is a case-by-case analysis where action is taken dependent on conditions.

Putting the Delta pumps in operation: This resolution directs the Delta pumps be operated to divert water from flowing to the ocean. It is not clear under what conditions that is to occur or at what capacity the pumps are to operate. The Delta pumps are currently operated to the extent that operations do not compromise water quality or the environment.

The committee may wish to consider that this resolution is ultimately promoting a policy that is contrary to California and federal law and may ultimately hurt the very Central Valley water users that this resolution is intending to serve. If there is a problem, a more effective solution may be achieved through proposing changes in state and federal laws.

1. Prior and Related Legislation:
2. SB 1 x2 (Perata), Chapter 1, Statues of the 2^nd Extraordinary Session of 2007-2008, established a policy to integrate water infrastructure to increase water supply, improve water quality, increase wildlife and ecosystem protections, protect public health and safety, and address the effects of climate change. Additionally, it directed an evaluation of the reoperation of statewide water infrastructure in conjunction with CVP infrastructure including reservoir operation, to improve water reliability, reduce flood hazards, provide ecosystem benefits, address climate change impacts, and improve water quality.
3. SB 758 (Block), Chapter 682, Statues of 2015, established the Atmospheric Rivers program at the Department of Water Resources (DWR) to research large storm events in order to increase California's water supply and water reliability and improve flood control.
4. Opposing Arguments: This resolution incorrectly declares that water flowing through the Bay-Delta estuary and into San Francisco Bay is not used beneficially. AJR 36 ignores the overwhelming scientific evidence that greater flows through the Bay-Delta estuary are necessary to protect water quality and sustain the health of the estuary, as required by California law.

The resolution also appears to advocate for increased pumping from the Delta in excess of scientifically sound limits. Because pumping operations significantly harm salmon and other native fisheries and could drive them to extinction, the California Department of Fish and Wildlife and other state and federal agencies limit how much water can be pumped from the Delta. This approach is inconsistent with State law, and in the long run is likely to degrade water quality and limit water supply from the estuary.

REGISTERED SUPPORT / OPPOSITION:

Support

None on File

Opposition

American Rivers

California League of Conservation Voters

Clean Water Action

Defenders of Wildlife

Friends of San Francisco Estuary

Friends of the River

Golden Gate Salmon Association

Natural Resources Defense Council

Nature Conservancy California

Pacific Coast Federation of Fishermen’s Association

Sierra Club California

The Bay Institute

Trout Unlimited California>

Analysis Prepared by: Ryan Ojakian / W., P., & W. / (916) 319-2096