BILL ANALYSIS Ó
AJR 36
Page 1
Date of Hearing: June 14, 2016
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Marc Levine, Chair
AJR 36
(Mathis) - As Amended 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.
AJR 36
Page 2
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
AJR 36
Page 3
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:
AJR 36
Page 4
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.
AJR 36
Page 5
1)Prior and Related Legislation:
a) SB 1 x2 (Perata), Chapter 1, Statues of the 2nd
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.
b) 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.
1)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
AJR 36
Page 6
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
AJR 36
Page 7
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
AJR 36
Page 8