BILL ANALYSIS �
-----------------------------------------------------------------
| |
| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2011-2012 Regular Session |
| |
-----------------------------------------------------------------
BILL NO: SB 834 HEARING DATE: April 12, 2011
AUTHOR: Wolk URGENCY: No
VERSION: Introduced CONSULTANT: Dennis O'Connor
DUAL REFERRAL: No FISCAL: No
SUBJECT: Integrated Regional Water Management Plans
BACKGROUND AND EXISTING LAW
Under the Integrated Regional Water Management Planning Act of
2002, a regional water management group is authorized, but not
required, to prepare and adopt an integrated regional water
management plan (IRWMP). The Act defined a "regional water
management group" as three or more local agencies, at least two
of which have statutory authority over water supply or water
management, plus those other persons who may be necessary to
develop and implement an IRWMP. Much, but not all, of the state
is covered by one or more IRWMPs
At a minimum, the Act requires an IRWMP to address all of the
following:
(1)Protection and improvement of water supply reliability,
including identification of feasible agricultural and urban
water use efficiency strategies.
(2)Identification and consideration of the drinking water
quality of communities within the area of the plan.
(3)Protection and improvement of water quality within the area
of the plan, consistent with the relevant basin plan.
(4)Identification of any significant threats to groundwater
resources from overdrafting.
(5)Protection, restoration, and improvement of stewardship of
aquatic, riparian, and watershed resources within the region.
(6)Protection of groundwater resources from contamination.
(7)Identification and consideration of the water-related needs
of disadvantaged communities in the area within the boundaries
of the plan.
Propositions 50 and 84, along with the proposed 2012 water bond,
condition certain grant programs upon consistency with an
1
adopted IRWMP or its equivalent.
The Sacramento-San Joaquin Delta Reform Act of 2009 (Delta Act),
among other things, added Water Code �85021. That section
established that "�t]he policy of the State of California is to
reduce reliance on the Delta in meeting California's future
water supply needs through a statewide strategy of investing in
improved regional supplies, conservation, and water use
efficiency. Each region that depends on water from the Delta
watershed shall improve its regional self-reliance for water
through investment in water use efficiency, water recycling,
advanced water technologies, local and regional water supply
projects, and improved regional coordination of local and
regional water supply efforts."
2
PROPOSED LAW
This bill would require an IRWMP for any region that receives
water supply originating in the Delta, to demonstrate how the
IRWMP complies with the new state policy to reduce dependence
upon the Delta.
The bill would also make findings and declarations stating,
among other things, that demand for Delta water and Delta
diversions are a significant stressor to the Delta and a
significant contributor to the current crisis in the Delta.
ARGUMENTS IN SUPPORT
According to the Sierra Club, "California Water Code section
85021 ? sets forth that the policy of the state is to reduce
reliance on the Sacramento-San Joaquin Delta in meeting the
state's future water supply needs ? However, current law does
not specifically require any actions to be taken to support this
policy. Also, there is no mechanism requiring any region to
report on their progress made towards meeting this goal of
reducing reliance on Delta water supplies. SB 834 would remedy
this deficiency by requiring regions receiving water from the
Sacramento-San Joaquin Delta to demonstrate how their Integrated
Regional Water Management Plans reduce reliance on the Delta."
ARGUMENTS IN OPPOSITION
The Metropolitan Water District of Southern California draws
attention to the fact that language of the bill focuses on water
originating in the Delta, while the policy established in �85021
focuses on water from the Delta watershed. "Read literally and
based upon California hydrologic patterns, the requirements in
SB 834 could actually apply to no region. Water in the Delta
basically does not originate in the estuary, bun in the
watersheds upstream." (Emphasis in original)
COMMENTS
Geographic Focus. The policy established in �85021 directed
each region that depends on water from the Delta watershed to
improve regional self-reliance. As currently drafted, this bill
focuses on water that originates in the Delta itself. For
consistency with the established policy in �85021, the bill
should be amended to focus on water from the Delta watershed.
(See suggested amendment.)
What About Other Plans? IRWMPs are not the only water plans
authorized or required by law. There are, for example, Urban
Water Management Plans and Agricultural Water Management Plans,
which often feed into IRWMPs, and the State Water Plan which is
3
based in part on IRWMPs. As the bill moves forward, the author
should consider whether it makes sense to include similar
requirements in those plans as well.
SUGGESTED AMENDMENT
AMENDMENT: On page 3, line 16, strike "supply originating
in the Sacramento-San Joaquin Delta, as defined in Section
12220" and insert:
"water from the Delta watershed"
SUPPORT
Sierra Club California
OPPOSITION
Metropolitan Water District of Southern California
4