BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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.










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          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  








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            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:









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             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.








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          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  








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            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








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          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




















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