BILL ANALYSIS AB 1797 Page 1 Date of Hearing: March 23, 2010 ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE Jared William Huffman, Chair AB 1797 (B. Berryhill) - As Introduced: February 10, 2010 SUBJECT : State Water Resources Development System: Delta Corridors Plan SUMMARY : Requires the Department of Water Resources (DWR) to consider a specific alternative for conveying water through the Sacramento-San Joaquin Delta. Specifically, this bill requires DWR to undertake an expedited evaluation and feasibility study to consider implementing a project called the "Delta Corridors Plan" as an alternative means of conveying water through the Delta and improving south Delta salinity. EXISTING LAW requires DWR, as the California Environmental Quality Act (CEQA) lead agency for the Bay Delta Conservation Plan (BDCP) to consider a reasonable range of conveyance alternatives for exporting Delta water, including a through-Delta alternative, in its environmental review for the BDCP project. FISCAL EFFECT : Unknown. However, DWR's preliminary estimate is that it would need a budget augmentation of $750,000 by July 1, 2010 in order to complete the required study by January 1, 2012. COMMENTS : There is wide-spread recognition that the Sacramento San-Joaquin Delta Estuary is in decline with crashing fisheries and unreliable water supplies. Senate Bill 1 (Simitian) from the 7th Extraordinary Session codified the coequal goals of providing a more reliable water supply for California while protecting, restoring, and enhancing the Delta ecosystem. SB 1 also recognized the existing BDCP process, a stakeholder-driven effort to draft a conservation plan which will provide the basis for State Water Project and federal Central Valley Project incidental take authorizations under the state and federal endangered species acts. Currently, the BDCP process is focused on a tunnel type conveyance option as part of the "preferred project alternative" AB 1797 Page 2 and has discarded a through-Delta alternative that was similar to the Delta Corridors Plan. However, SB 1 now requires DWR, the lead agency on the CEQA Environmental Impact Report for BDCP, to revisit a through-Delta alternative as part of a reasonable range of alternatives. South Delta Water Agency (SDWA), however, has continued to promote a particular type of through-delta alternative that isolates San Joaquin River outflows in Old River from Sacramento River water diverted to the pumps via Middle River via a series of barriers, gates, fish screens, etc. claiming it would be less expensive and more effective that current configurations being moved forward in the BDCP process. In November 2009, SDWA released a report prepared by ICF Jones & Stokes entitled The Delta Corridors Plan and Its Potential Benefits. However, opponents of this legislation feel that since DWR is already required to study various conveyance alternatives, including a through-Delta alternative, this legislation would create new and duplicative requirements and would divert the already-limited resources available to DWR. REGISTERED SUPPORT / OPPOSITION : Support None on file. Opposition Metropolitan Water District of Southern California Desert Water Agency East Valley Water District Valley Ag Water Coalition Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916) 319-2096