Tribes and Environmental Groups Slam Legislative Analyst's Office Report on Updated Bay-Delta Plan
Meanwhile, Governor Gavin Newsom, in the last year of his term, continues to promote the salmon-killing Delta Tunnel and Sites Reservoir
| SACRAMENTO, CA — A new report from the California Legislative Analyst’s Office has drawn strong criticism from a broad coalition of environmental groups and Tribes. They argue that the report on the State Water Resources Control Board’s proposed update to the water quality control plan for the San Francisco Bay-Sacramento-San Joaquin Delta (“Bay-Delta Plan”) falls short of providing lawmakers with a “fair and complete assessment of options,” according to a statement from Restore the Delta. The report was issued at a time that the Delta is in its worst-ever ecological crisis as fish populations collapse. Last year was the eighth year that zero Delta smelt, once the estuary’s most abundant fish, have been found in the California Department of Fish and Wildlife Fall Midwater Trawl Survey on the Delta and the unprecedented third year of a complete closure of the commercial ocean season off California. The report promotes Governor Gavin Newsom’s controversial “Voluntary Water Agreements” as a pathway to achieving the co-equal goals of water supply reliability and ecosystem restoration. “SWRCB has proposed two compliance pathways for most Sacramento/Delta water users,” the executive summary of the report states. “One pathway—VAs—would apply to most of the water use in the watershed. The VAs reflect negotiated commitments among certain water agencies, the State Water Project, federally run Central Valley Project (CVP), and state agencies to provide flows, habitat restoration, and funding as an alternative to typical top‑down regulatory requirements. The other pathway—more traditionally regulatory—would apply to water users that do not choose to be part of the VA program.” Coalition members argue the report assumes approval of the voluntary agreements (VAs) and fails to serve as a balanced, neutral evaluation of the regulatory alternative that is grounded in enforceable water quality standards: “The coalition raised concerns about the lack of enforceability within the VA framework, warning that it could allow water agencies to self-report compliance with minimal oversight. This approach poses serious risks to an already fragile ecosystem, while failing to protect Tribal Beneficial Uses or address harmful algal blooms. Coalition leaders further criticized the report’s framing of ‘environmental flows,’ arguing that the term is a misnomer for unimpaired flows and that flows necessary for ecosystem health should be established through enforceable regulatory standards, not negotiated or purchased by water users. “While the report acknowledges that increased flows are critical to fish recovery, Delta advocates say it sends mixed signals by inconsistently emphasizing habitat restoration investments. While the report highlights restoration progress, the group importantly notes that it fails to acknowledge that many of these restoration projects were driven by litigation–evidence of longstanding failures by water agencies to adequately protect endangered species. “Notably, the report suggests limited or withdrawn participation from Tribes and environmental representatives, which coalition members assert is blatantly false, saying they were excluded and/or removed from the process. They also note the report fails to reflect the degree of public, environmental, and Tribal opposition to the VAs. More than 150 individuals voiced opposition during recent hearings.” Representatives of Tribes and environmental groups spoke out about the many flaws of the report. “Why is the LAO inserting itself into a possible decision to include or exclude the VAs,” said Gary Mulcahy, Government Liaison, Winnemem Wintu Tribe. “The VA process has and continues to be racially and economically discriminatory. Is the LAO endorsing this type of policy now?” Gloria Estefani Alonso Cruz, Environmental Justice Advocacy Coordinator, Little Manila Rising, also weighed in on the report. “The long-awaited update to the Bay-Delta Plan is set to unfold new uncertainties over the proper implementation of Voluntary Agreements (VAs) which can harm socially vulnerable populations. Concerns over the VAs have been echoed by generations of environmental justice advocates: the VA pathway is testing out greater water diversion from the Delta for 8 years which can result in severe harm to public trust resources. For the next decade, advocates will need to act as a watchdog over VA programs to ensure commitments are met,” she stated. Morgen Snyder, Director of Policy and Programs, Restore the Delta, concluded, “It’s disappointing that the LAO report omits critical context from its analysis, from the exclusion of tribal and environmental voices to scientific evidence that questions if VA flows will be sufficient to protect native fish. The report falls short of the balanced, neutral analysis that the legislature needs, effectively accepting the VA framework and allowing water agencies to self-account for their own compliance with limited oversight, irreparably harming an already declining ecosystem.” Meanwhile, Governor Gavin Newsom, in the last year of his term, continues to promote the salmon-killing Delta Tunnel and Sites Reservoir at the behest of corporate agribusiness donors and Southern California wwater agencies. |
