BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 935


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          Date of Hearing:  August , 2016


                  ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE


                                 Marc Levine, Chair


          AB 935  
          (Salas) - As Amended August 17, 2016


          SUBJECT:  Water projects


          SUMMARY: This bill requires the Department of Water Resources  
          (DWR), upon appropriation by the Legislature, to fund a reverse  
          flow pump-back project on the Friant-Kern Canal that  
          substantially conforms to the project description set forth by  
          the draft investment strategy released by the San Joaquin River  
          Restoration Program (SJRRP) in December 2014.  Specifically,  
          this bill:  


          1)Requires the DWR, upon appropriation by the Legislature, to  
            grant up to $7 million for the Reverse Flow Pump-back  
            Facilities on the Friant-Kern Canal Restoration Project  
            (Project).


          2)Limits the DWR's funding share of the Project to up to 80% of  
            the total.


          3)Establishes prerequisites to funding, including:


             a)   All feasibility studies are complete and draft  








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               environmental impact reports (EIRs) required pursuant to  
               the California Environmental Quality Act (CEQA) are  
               available for public review.


             b)   Financial commitments to the DWR director are equal to  
               or greater than 75% of the non-state cost share of the  
               project.  


          4)Requires the Project, if funded, to comply with any applicable  
            provisions of state and federal law. 


          EXISTING LAW:  


          1)Establishes the DWR within the Natural Resources Agency, which  
            manages and undertakes planning with regard to water resources  
            in the state.


          2)Prohibits a public agency, under CEQA, from making a  
            discretionary decision to approve a project, including funding  
            a project, if there are potentially significant impacts on the  
            environment that could be reduced by feasible alternatives or  
            feasible mitigation measures.  


          FISCAL EFFECT:  Unknown.


          COMMENTS: This bill requires the DWR, upon appropriation by the  
          Legislature, to grant up to $7 million for the Reverse Flow  
          Pump-back Facilities on the Friant-Kern Canal Restoration  
          Project.


          1)Assembly Version: The Assembly version of this bill contained  








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            a general requirement for the DWR to fund local and regional  
            conveyance projects.  The Senate version of this bill deletes  
            the general requirement and instead, specifies funding of a  
            project that would help minimize water supply impacts to  
            Friant Division Long-Term Contractors from actions to help  
            implement the San Joaquin River Restoration Program (SJRRP).


          2)Author's Statement:  This bill would provide funding for the  
            planning, design, and construction of a Sustainable Water  
            Conveyance Project that would support regional and  
            interregional connectivity and deliver water to and from the  
            California Aqueduct. We need to develop and improve conveyance  
            facilities in order to optimize inter-regional water supplies,  
            facilitate the movement of water from east to the west, and  
            make additional water available to places of need.  This  
            project would help increase water availability and enable  
            deliveries of surplus water in wet years to recharge  
            groundwater and banking facilities. 


          3)San Joaquin River Restoration Program: The San Joaquin River  
            is the second longest river in California and historically  
            supported large runs of salmon and other cold-water fish.   
            After Friant Dam was constructed by the U.S. Department of  
            Interior, Bureau of Reclamation (Reclamation), parts of the  
            San Joaquin River went completely dry in most years.   
            Environmental groups then brought litigation citing, among  
            other claims, the requirements in California law that the  
            owner of any dam must allow sufficient water to pass through  
            to keep fish in good condition below the dam.  In 2006, after  
            18 years of litigation, a federal court approved a settlement  
            between the federal government, the environmental plaintiffs,  
            and the Friant Water Users Authority.  The SJRRP settlement  
            had two objectives: a restoration program that would provide  
            the river with continuous flows to the Sacramento-San Joaquin  
            River Delta and support naturally reproducing populations of  
            Chinook salmon, and a water management goal of minimizing  
            water supply impacts to San Joaquin River water users.








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            Thereafter, Reclamation initiated an investment strategy in  
            support of the SJRRP water management goal in order to  
            identify projects that, in conjunction with other activities,  
            could cost-effectively reduce or avoid water supply impacts to  
            the Friant Contractors.  Reclamation, in collaboration with  
            the Friant Contractors, identified, screened, developed,  
            evaluated, and ranked over 500 project concepts to form a list  
            of approximately 60 projects.  Of these, 21 projects were  
            further evaluated as ready-to-implement priority projects. The  
            results were presented in a March 2015 report titled Water  
            Management Goal Investment Strategy Final Report (Final  
            Report).  The Reverse Flow Pump-Back Facilities on the  
            Friant-Kern Canal project that would be funded through this  
            bill was fourth among the 21 projects evaluated in the Final  
            Report. 


          4)Reverse Flow Pump-back Facilities on the Friant-Kern Canal  
            Restoration Project: The Friant-Kern Canal is a Federal  
            Central Valley Project canal that conveys water from Friant  
            Dam on the San Joaquin River near Fresno, southward to various  
            Friant Contractors along the east side of the San Joaquin  
            Valley, terminating at the Kern River near Bakersfield.   
            Currently, the Friant-Kern Canal has limited pump-back  
            operational capacity which is used occasionally to deliver  
            water north from the Cross Valley Canal or water extracted  
            from water banks on the Kern River fan. This project would  
            install permanent pump-back facilities with higher capacities  
            along the southern portion of the Friant-Kern Canal.  The  
            Project would allow water that was released for restoration  
            flows on the San Joaquin River, captured downstream, and  
            conveyed via the Cross Valley Canal, to be pumped back up the  
            Friant-Kern Canal to a number of Friant Contractors.  The  
            Final Report ranked this project 4th of 21, with an estimated  
            cost of $7.6 million that included planning and environmental  
            review, and a little over 2 years to complete. The project has  
            been estimated to convey approximately 15,000-30,000 acre-feet  








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            annually and is expected to avoid 2,750 metric tons of carbon  
            emissions over the life of the project.


          5)Source of Funding:  It is not clear what the source of funding  
            will be for the Project.  This bill does not make an  
            appropriation.  If and when there is an appropriation the  
            source of funds for that appropriation would be determined by  
            the Legislature and the Governor.


          6)Support Arguments: The Reverse Flow Pump-back Facilities on  
            the Friant -Kern Canal Restoration Project is an important  
            water conveyance project in the San Joaquin Valley that will  
            greatly enhance the state's ability to manage water.  This  
            bill will provide a means to better circulate water in the  
            south valley, will ensure greater flexibility in our  
            complicated water system, and where appropriate create more  
            water for the citizens, communities, and businesses of the  
            South San Joaquin Valley. 


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Citrus Mutual


          Delano-Earlimart Irrigation District


          Lower Tule River Irrigation District










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          Pixley Irrigation District


          Tea Pot Dome Water District




          Opposition


          None on file




          Analysis Prepared by:Ryan Ojakian / W., P., & W. / (916)  
          319-2096