BILL ANALYSIS
AJR 38
Page 1
Date of Hearing: April 27, 2010
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
AJR 38 (Caballero) - As Amended: April 22, 2010
SUBJECT : Sacramento-San Joaquin Delta: Two-Gates Project
SUMMARY : This resolution would request the United States
Department of the Interior (USDOI) to complete its study of the
Two-Gates Fish Protection Demonstration Project (Two-Gates
Project) in the Delta. Specifically, this resolution :
1)Acknowledges California experienced a drought from 2007 to
2009 which decreased water supply and that environmental
protections for the state and federally listed Delta smelt
under the U.S. Fish and Wildlife Service's biological opinion
(Smelt BiOp) caused additional reductions.
2)Focuses on water supply reductions and subsequent fallowing by
Westlands Water District in the western parts of Fresno and
Kings Counties in the San Joaquin Valley.
3)States water supply reductions and related job losses
contributed to a 40% unemployment rate in parts of the San
Joaquin Valley.
4)States the Two-Gates Project is a viable option to protect
Delta smelt and water supply and infers the Two-Gates Project
would allow greater export water deliveries than the Smelt
BiOp.
5)Calls on the USDOI to complete its study of the Two-Gates
Project.
EXISTING LAW :
1)Prohibits the unauthorized take of species listed as
threatened and endangered under the federal Endangered Species
Act (ESA) and California Endangered Species Act (CESA).
2)Requires the State Water Project (SWP) and the federal Central
Valley Project (CVP), which operate in a coordinated fashion,
to (at certain key times) restrict the degree to which they
cause Old River and Middle River in the Delta to run backwards
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drawing aquatic organisms, including threatened and endangered
fish species, into the South Delta and the SWP/CVP pumping
plants.
FISCAL EFFECT : Nonfiscal
COMMENTS : The human suffering in the San Joaquin Valley due to
the economic downturn, subsequent loss of jobs in the
construction industries, drought, and related reductions in farm
employment, is tragic and well-documented. Whether water supply
reductions, either due to the drought or a combination of
drought and pumping restrictions, have played any major role is
less clear. Murkier still is whether the Two-Gates Project
would provide a feasible alternative to protections under the
current Smelt BiOp while allowing increased water supply
exports.
The Two-Gates Project would erect a sheet pile barrier over 800'
wide from levee to levee anchored in the bed of Old River with
two gates creating a 75' channel opening in the middle. The
Project would erect a second sheet pile barrier over 400' wide
from levee to levee anchored in the bed of Connection Slough
near Middle River with two gates creating a 60' opening in the
center. Each barrier would have a boat ramp to be used when the
gates are closed, which would occur periodically December
through June.
The scientific hypothesis behind the Two-Gates Project is that
Delta smelt respond to changes in salinity and turbidity and
that barriers across Old River and Connection Slough will
"manipulate water flows, transport patterns and the turbidity
field in the [Delta] so as to lessen entrainment of federally
(ESA threatened) and state (California CESA endangered)
protected juvenile and adult Delta smelt by state and federal
pumps in the south Delta" so as "to provide equal or improved
protection of Delta smelt" with higher water exports than
currently allowed under the Smelt BiOp.
In December 2009, the USDOI sent letters to San Luis and Delta
Mendota Water Agency (SLDMWA) and Metropolitan Water District
(MWD), the sponsors of the Two-Gates Project, advising:
We have conducted a thorough review of all aspects of the
Demonstration Project and of the documentation that has
been provided. Based on our review, and in consideration
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of several factors, we have concluded that the underlying
scientific premise of the project needs to be established
before the projects can go forward, including the
installation of the proposed gates?We also note that the
cost of the Demonstration Project has escalated from an
early estimate of $29 million to current estimates of
between $60 and $80 million. A decision to expend public
funds of this magnitude cannot prudently be made in light
of the fundamental questions that have been raised
regarding whether the scientific assumptions that underlie
the project are sound and, as a result, whether the project
will serve its intended purpose. That is why we have moved
quickly to work with the [United States Geological Survey]
to obtain needed data to evaluate interactions between
Delta smelt and turbid waters. Reclamation has redirected
funds on an emergency basis, thereby enabling this
data-gathering work to begin this fall.
Finally, while we recognize that expediting the permitting
process for the Demonstration Project has garnered strong
local, state, and Federal support, we have received over
1400 comment letters on the draft Environmental Assessment
for the project from concerned citizens and organizations
questioning the scientific basis, the benefits, and the
potential impacts of the proposed action. In addition, the
November 2009 Design, Estimating, and Construction Review
noted nine findings and recommendations that needed to be
addressed to ensure the technical soundness of the
Demonstration Project, and to provide a credible basis for
decision-making.
We are committed to working with SLDMWA, MWD, and the
scientific community to resolve the scientific, navigation,
and economic issues associated with the Demonstration
Project.
Supporters of this Resolution feel it is needed "to keep the
federal government's 'feet to the fire' to implement the
projects as soon as possible." Opponents of the project state
it is "an expensive scientific experiment with little chance of
success?that has serious impacts on the Delta and its
communities." In addition, Delta Counties and recreational
boating interests feel the project as designed does not
sufficiently address potential impacts on navigation including
the ability of law enforcement officials to conduct search and
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rescue operations and enforce laws and regulations on the
waterways.
Finally, there are concerns by some members of the scientific
community that smelt and salmon are subject to increased
predation near artificial in-river structures.
REGISTERED SUPPORT / OPPOSITION :
Support
Metropolitan Water District
Opposition
Contra Costa County
Recreational Boaters of California (Unless Amended)
Solano County Board of Supervisors
Yolo County Board of Supervisors
Analysis Prepared by : Tina Cannon Leahy and Igor Lacan / W.,
P. & W. / (916) 319-2096