Delta Flows Newsletter
Special Edition for February 10, 2010
February 10, 2010

"Get place and wealth, if possible with grace;
If not, by any means get wealth and place."
                               --Alexander Pope

delta-sunset
Project Big? Then Never Mind the Environment

If Schwarzenegger and the development interests that put him in office have their way, only projects without influential backing would have to meet environmental standards under the California Environmental Quality Act (CEQA).
 
It started last year with an Assembly bill streamlining some CEQA requirements to construct a new NFL stadium in the City of Industry. Now, it looks like wealthy developers from all over the state will be hiring lobbyists to get them CEQA exemptions.
 
The Governor's proposal, which will probably be included in a trailer bill to this year's budget, would exempt about 100 major construction projects across the state, both public and private, from California environmental laws.  The plan would block the power of the courts to review 25 projects each year from 2011 through 2014.  The administration-through the cabinet level Business, Transportation and Housing Agency-would have final authority over those projects.
 
The proposal distributes exempted projects in counties around the state-ten in Southern California, five in the Bay area, five in the southern Central Valley, and the remaining five from around the state.  Not just transportation but also refinery, water, and sewage projects could be exempted. 
 
Having achieved "co-equal" status in the Delta, it looks like the environment will be denied similar status in other parts of the state, at least until ignoring the environment produces impossible-to-ignore health threats.
 
This proposal is based on the flawed assumption that what is good for the environment is bad for business and jobs.  But even the State Building and Construction Trades Council, representing 160 unions, says that shortchanging environmental standards doesn't create more jobs.
 
And let's not look for things to be any better if Democrat Jerry Brown goes back to the governor's office.  Last year, Candidate Brown got a total of $50,000 in four separate donations from billionaire agribusiness power couple Stewart and Lynda Resnick.  The Resnicks already have the ear of Senator Dianne Feinstein and the influence to have 15 scientists and other experts impaneled to come back with a different answer than the current biological opinions on smelt and salmon in the Delta. 
 
Brown had agribusiness giants J. G. Boswell Corporation and Salyer Land Company against him 30 years ago in the last peripheral canal battle, because they thought the environmental safeguards were too strong.  It looks like he is already maneuvering to be on the same side as agribusiness this time around.
The BDCP Continues to Wander in Wonderland
 
At the February 4 meeting of the Bay Delta Conservation Plan steering committee, everyone finally got a look at some details about conveyance alternatives.
 
Mike Cherry, a member of the Delta Habitat Conservation and Conveyance Program (DHCCP) team, gave a PowerPoint presentation on Conveyance Options Comparisons which analyzed and compared impacts/cost of construction of three alternatives: eastern, western, or underground. All three projects have an estimated project construction time of 6.25 years, not including litigation, permitting, or logistical delays.  These kinds of delays appear to be more likely with the tunnel option because no one has ever built anything like this before.
 
Conveyance Land Costs estimates:
Western Alignment: 17,847 acres at $9,500 per acre - about  $169.5 million
Eastern Alignment: 17,851 acres at $10,500 per acre - about $186.4 million 
Tunnel: 6,285 acres at $8,200 per acre - about $51.5 million
 
Mitigations costs are estimated to be lowest for a tunnel.  Rough mitigation cost estimates are $241 million for a Western Alignment, $247 million for an Eastern Alignment, and $87 million for a Tunnel.
 
Land costs are lower for a tunnel, but the tunnel would require new energy sources (transmission lines not included in estimates) and a 750 acre forebay somewhere in the Pearson district.  A major unknown: "pump procurement." Engineers don't know if they can actually get the pumps they're using in their design, how long it would take to build them, or what the pumps would cost.
 
Although a tunnel will have less impact on the surface land, including levee maintenance and improvement, it will require 40-plus miles of subterranean easements that were not included in project cost projections because no one knows what such easements would cost. Also, a tunnel will require five 105-foot above-the-ground surge shafts or relief valves to release pressure and prevent tunnel collapse. 
 
And the risk analysis showed that the tunnel presents the highest degree of difficulty for repair should there be a catastrophic event.
 
Based on bypass flow numbers currently being plugged into the models, any one of the facilities is expected to be able to move about 3.6 million acre feet (MAF) in an average year, about 2.3 MAF in a dry year, and about 5.7 MAF in a wet year.
 
In spite of (actually because of) all the unknown variables and costs, the tunnel option seems to appeal most to contractors like Bechtel.  A tunnel requires less mitigation and offers the greatest potential for cost overruns.  
 
No one, including Friant Water Users (which is helping to pay for the process) feels like they have enough solid information or a clear enough description of the proposed final project to comment on the EIR.  Also there are fissures in the group: Westlands Water District's Jason Peltier complained about the lack of unity exhibited by EBMUD's public criticisms of the BDCP.  Everyone knows that, as Peltier pointed out, "We can't live in the world we're in."  As always, the question is why anyone would want to put any more effort into a creating a world that can only be sustained by moving vast amounts of water around.

Meanwhile, out at the pumps...
 
Judge Wanger, always good for throwing surprises our way, has eased curbs on Delta pumping, but not, apparently, because of problems with the biological opinions. 
 
The judge's new order doesn't take issue with the National Marine Fisheries Service's (NMFS) salmon science, its Endangered Species Act Biological Opinion, nor the merits of the Reasonable and Prudent Alternative that tried to restrain strong reverse flows in the southern Delta, which may be sucking the baby salmon to their deaths at the pumps.
 
The problem, apparently, is that the Bureau of Reclamation didn't file the necessary NEPA (National Environmental Protection Act) compliance paperwork.
 
Let's see: NMFS identifies the problems for protecting ESA-listed salmon associated with the federal Bureau of Reclamation's Tracy pumping operations.  NMFS, in consultation with Reclamation, crafts solutions to those problems.  But Reclamation fails to file the necessary compliance paperwork for their own pumping operations at the Tracy pumps. 
 
Reclamation has no problem with filing NEPA paperwork for their water district customers, but they can't get it right in working with a fisheries agency from the Department of Commerce.
 
Of course, someone at Reclamation probably knew exactly how this would play out.
UOP Sponsors Water Forum at McGeorge

On February 22 in Sacramento, University of the Pacific is sponsoring a water forum: "After the 2009 Legislative Water Package: Where Are We, and Where Do We Go From Here?"  The forum will be held at Pacific McGeorge School of Law, 3227 Fifth Avenue, Sacramento from 9 a.m. to 1 p.m.  Topics to be covered are legislation, economics, research, and legal issues.  Speakers include Senator Lois Wolk, Assemblyman Bill Berryhill, and ACWA's Tim Quinn, as well as Dante Nomellini, and Dr. Jeffrey Michael from UOP's Business Forecasting Center.  The departments of Fish and Game and Water Resources will also be represented, along with the Planning and Conservation League.
 
There is no cost for the event, but advance reservations are recommended.  For information, contact Margit Aramburu at maramburu@pacific.edu or 831-415-0905. 
California Duck Days

Yolo Basin Foundation is sponsoring California Duck Days, its annual wetlands festival, on February 19th and 20th.  The Yolo Basin Foundation is associated with the Yolo Bypass Wildlife Area in the northern portion of the Delta.
 
Duck Days officially begins with a Welcome Reception and wildlife art exhibit on Friday evening, February 19th, from 5:30 to 7:30 pm at the Davis Art Center . The reception is free and open to the public.  The event will continue all day Saturday, February 20th, with workshops, field  trips, fishing, and other on site activities.  Mallard ducklings and live raptors will be on display. 
 
There is a charge for Saturday's activities, and pre-registration is encouraged due to limited space on field trips.  Information on the event can be found on the Foundation's website:  www.yolobasin.org.

In This Issue
Project Big? Then Never Mind the Environment
The BDCP Continues to Wander in Wonderland
Meanwhile, out at the pumps...
UOP Sponsors Water Forum at McGeorge
California Duck Days
Bridge in Delta
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