to san francisco the delta sacramento river stockton san joaquin river california aqueduct clifton...
TRANSCRIPT
To San Francisco
The Delta
Sac
ram
ento
Riv
er
Stockton
San
Joaq
uin
River
California Aqueduct
Clifton Court Forebay
California depends on fresh water from the Sacramento-San Joaquin Delta to:
• Supply more than 22 million Californians, plus industry and agriculture
• Support $400 billion of the state’s economy
Harbinger of Potential Catastrophic Loss of Water
Water Supply Uncertainty
• Earthquakes, wind or flooding could cause a Katrina-like levee collapse flooding much of the Delta.
• 6.5 quake estimated to cause collapse of 30 levees.
• Studies predict a 66% chance of a 6.5 quake in next 50 years.
• Salt water would rush in from the bay to fill collapsed islands.
• Delta water supply becomes unusable within hours, potentially for years.
The state’s water supply flows though the Delta’s levee system.
Pumps
6.5 Earthquake – The Aftermath20 Islands Flooded - Saltwater Intrusion
(Delta Looking Southwest over Sacramento)
To San Francisco
The Delta
Sac
ram
ento
Riv
er
Stockton
San
Joaq
uin
River
Clifton Court Forebay
Isolated Canal Would Protect Water Supplies and Contribute to Northern Economy
• Eliminates levee failure as a threat to water supplies
• Improves water quality
• Provide flexibility to address potential impacts of climate change on water supply
• Provide better protection for Delta fish while protecting California’s economy
• Provide a mechanism for reliable water marketing by northern Californians
Building a canal around the Delta will reduce risk:
Water would move around the Delta in a canal
Wet DryPercent of time at or above
An
nu
al D
eliv
ery
(maf
)
4.1
3.7
3.3
2.9
2.5
2.1
1.6
1.2
0.8
0.4
0
Per
cen
t o
f C
on
trac
ted
Del
iver
ies
100
90
80
70
60
50
40
30
20
10
010090807060504020100 30
Current SWP Reliability
Supply Gap
Reliable Supply
Repeat of 1987 to 1992 drought = 40% supply
Repeat of 1977 (critical-dry year) = 20% supply
Water Banking: An Environmentally Friendly Physical Solution
Legal Foundation: The ability of a district or city to import water into a groundwater basin for later extraction and use without abandonment or prescription by others.
Applicable Legal Principles: Water Law of Surface Streams
• Water Rights: Usufructory Rights• Riparian Water Law - Origins in England• Appropriative Water Law - Western U.S.• California Water Law - A Blend of Both
– Pre 1914– State Water Resources Control Board & Predecessors– Constitutional Prohibition of Waste
• Prescription (analagous to adverse possession)• Abandonment
Applicable Legal Principles: Water Law - Groundwater
• Groundwater Doctrines - – Correlative Rights– Overdraft– Public Agencies and Prescription– Groundwater Banking
• Physical Put & Take• “In-Lieu” Banking
Applicable Legal Principles: Miscellaneous Water Law Issues
• Public Trust Doctrine
• Conservation/Transfer
Related Legal Issues
• Federal Endangered Species Act
• California Endangered Species Act
• CEQA - CA Environmental Quality Act
• NEPA - National Enviro. Policy Act
• Contract Law
Key Transfer Concepts
• Physical– Moving water across Delta often key– But, south of Delta transfers helpful in some situations
• Often requires some storage capability south of Delta
– Physical layout important - not necessarily a deal killer due to Exchanges
• Legal– Pre-1914 & others subject to environmental regulation– Appropriative - subject to SWRCB approval– Riparian - complicated mechanism
Market Players
• “Wholesale” Water Agencies– e.g. Kern County Water Agency
• “Retail” Water Districts– e.g. Wheeler Ridge-Maricopa WSD
• Mutual Water Companies– e.g. Westside Mutual Water Co.
• Investor Owned Utilities– e.g. California Water Service Co.
• City water departments– e.g. LA DWP
• Joint Powers Agencies– e.g. Kern Water Bank Authority
• Private owners