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