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