State Water Board Advancing Bay-Delta Water Plan May Do More Harm To Central Valley Salmon

The California State Water Board has committed to following Governor Gavin Newsom’s controversial water plan that critics say will continue threaten Central Valley salmon and other fish species.

First up, here’s the Governor’s office press release:

Governor Newsom praises the State Water Board for incorporating the Healthy Rivers and Landscapes Program into the Bay-Delta Plan

What you need to know: The Newsom Administration’s innovative Healthy Rivers and Landscapes Program, which improves environmental conditions and provides more water supply certainty for California’s communities, farms, and businesses, is moving forward for consideration in the Bay-Delta Plan. This comes alongside a recent legislative proposal to streamline the adoption of water quality plans through new CEQA exemptions.

SACRAMENTO – Today, the State Water Resources Control Board (State Water Board) proposed an update to its Bay-Delta Water Quality Control Plan that will help protect the Sacramento River, the Delta and associated tributaries (Sacramento/Delta) for generations to come and safeguard water supplies for millions of Californians. The new plan update will help maintain a strong balance between protecting precious ecosystems and ensuring the state can meet the needs of Californians. If adopted, the plan will update environmental science, restore tens of thousands of acres of habitat, and incorporate a groundbreaking program developed by the Newsom administration, creating voluntary agreements with water users, including municipal water agencies, agriculture, and other water rights holders. Advancing California’s Abundance Agenda, the Governor is also introducing a legislative proposal through a separate trailer bill to create new CEQA exemptions for water quality plans. 

“I am proud to see the Healthy Rivers and Landscapes Program represented in this plan update — it’s a testament to California’s commitment to a collaborative, science-driven approach to managing our water for the benefit of our communities, economy, and fish and wildlife. However, our work is not yet done — I have proposed legislation to create a CEQA exemption for all Water Quality Control Plans that would accelerate the time it takes to get these critical plans done by removing unnecessary and redundant process requirements. We’re done with barriers and obstacles to our state’s success. We must work together to protect our natural resources for the benefit of the habitats and people of our state.”

Governor Gavin Newsom

The Newsom Administration, along with state, federal, and local leaders, developed the Healthy Rivers and Landscapes (HRL) Program as an innovative alternate approach to traditional regulatory requirements to improve environmental conditions while providing more water supply certainty to communities, farms, and businesses throughout California. Now, the program has advanced to the State Water Board for consideration as an implementation pathway in the Bay-Delta Plan.

“The State Water Board’s draft plan update marks a crucial step toward safeguarding the Bay Delta’s water quality,” said California Environmental Protection Agency Secretary Yana Garcia. “By embracing collaborative, science-driven solutions, the board is actively ensuring a more sustainable water future for communities, ecosystems, and generations to come.” 

The Bay-Delta Plan update now includes two regulatory pathways for water users:

• A comprehensive Healthy Rivers and Landscapes Program, which would produce ecosystem benefits through a combination of flow and habitat projects.
• A flow-only approach for those who are not parties to the HRL program. 

Following a public comment period, the plan will advance before the State Water Board for final consideration.  The plan, developed with extensive public input, including public water agencies, environmental nonprofits, tribal partners, and local governments, is a win for all Californians.

Streamlining Government to Work Better 

The Bay-Delta Plan for the Sacramento/Delta has not been meaningfully updated since 1995. Continuing to operate under a plan that does not reflect the most current science, a growing population, or a changing climate is a disservice to California’s communities and ecosystems. In 2022, Governor Newsom brought together local, state, and federal partners to submit an actionable framework for the Voluntary Agreements, later named the Healthy Rivers and Landscapes Program, to the State Water Board.

If adopted by the State Water Board, the HRL program would dedicate a large quantity of water to the environment and restore more than 45,000 acres of aquatic habitat for fish and other animals. In addition, Governor Newsom secured funding commitments totalling $2.9 billion to implement the HRL program over the next 8 years.

“This program will improve the health of our rivers by both restoring river flows and revitalizing habitat,” said California Natural Resources Secretary Wade Crowfoot. “After all, fish and wildlife need both to thrive. It also improves coordination and collaboration among public agencies charged with improving river conditions and will enable real-time, science-based decision making that we desperately need to better manage our river systems.”

“The Healthy Rivers and Landscapes Program will allow for a more collaborative and scientifically sound way to balance conflicting demands for water in an extremely complex watershed. We’re grateful to the State Water Board for embracing this approach as a potential pathway within their regulatory framework,” said California Department of Water Resources Director Karla Nemeth. “Working together, we will find new solutions to the old problem of balancing the needs of ecosystems and economies.”

“The inclusion of voluntary agreements in the development of this plan will be a big win for California, and will help provide more opportunities for our partners across the state to support California’s irreplaceable fish populations and habitats,” said California Department Fish and Wildlife Director Charlton H. Bonham. “By focusing on the science of restoration, and prioritizing additional flows to support healthy habitats, we can ensure the best possible outcomes for California’s precious natural resources, now and in years to come.”

Furthering the administration’s agenda to reduce barriers to progress and move projects that Californians need forward, Governor Newsom has also introduced trailer bill language to streamline the adoption of water quality control plans and create new exemptions for water projects under the California Environmental Quality Act (CEQA). This would expedite the potential adoption of the Bay-Delta Plan and the ecosystem benefits it would provide, while still allowing for vital public process and input.

More information about the proposed Bay-Delta Plan update is available on the State Water Board’s website. 

Maven’s Notebook also broke down some of the details of the latest twist:

Proposal incorporates both voluntary agreements and a regulatory pathway

From the State Water Resources Control Board:

Continuing the state’s work to protect the ecosystem of the Sacramento River and Delta watershed while balancing the need to protect water supply, the State Water Resources Control Board today announced important proposed updates to the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Watershed (Bay-Delta Plan).

The announcement begins a public review and comment period on the proposal that would update measures in the Bay-Delta Plan to protect the Sacramento River, the Delta and associated tributaries (Sacramento/Delta).

The State Water Board’s proposed updates include two distinct pathways for water users and agencies to comply with water quality requirements: one that incorporates voluntary agreements (VAs) proposed by some state and federal agencies and other water users, known as the Healthy Rivers and Landscapes Program, and a regulatory pathway for those who are not parties to approved VAs. Both pathways will create legally enforceable requirements.

The proposal also incorporates tribal beneficial uses and formally designates Tribal Tradition and Culture beneficial uses in the watershed in recognition of the intrinsic connection between native fish populations—including salmon—and tribal tradition and culture.

“The proposed updates to the Bay-Delta Plan would improve conditions for fish and wildlife through a combination of flow and habitat measures while considering the needs of cities, towns and farms,” said State Water Board Executive Director Eric Oppenheimer. “It reflects a holistic approach to the Bay-Delta that leverages cooperation to advance ecosystem benefits as soon as possible.”

What is really disheartening is for those in California who want to protect an already struggling population of anadromous fish like salmon steelhead. Here’s more from the Los Angeles Times:

“This is just the latest attempt by the Newsom administration to promote the woefully inadequate and inequitable voluntary agreements, undercutting bare minimum protections,” Overhouse said. “The proposal to cut freshwater flows through the Delta during wet and dry years will be devastating for species and the overall health of the estuary.”

Overhouse and other environmental advocates argue that the voluntary deals struck by major water suppliers would be disastrous for threatened and endangered fish, including salmon, steelhead, green sturgeon, longfin smelt and Delta smelt. They have called for more stringent flow requirements to help populations recover.

This year, populations of Chinook salmon were so low that regulators shut down the commercial fishing season along the coast for a third straight year, though limited recreational fishing was allowed. 

Golden State Salmon Association executive director Scott Artis also added a statement with his organization’s displeasure with the direction the state seems to be taking:

“This is a sad day for the State Water Board and one more on a long list of bad days for salmon. The Board seems to be collapsing under pressure from the Governor to approve the fatally flawed voluntary agreements. The VAs are a scam that could cost taxpayers billions, enrich water agencies and make the rivers even sicker. The VAs set the stage for even more damaging diversions by the massive Delta tunnel. Commercial fishing in California has been closed for 3 years because of unsustainable water diversions. This looks like a plan to kill California’s most important wild salmon runs and fishing jobs.”

“One thing is clear. The voluntary agreements aren’t a solution—they’re a water diversion tactic dressed up as progress, with consequences California’s natural heritage, salmon, people and communities can’t afford.”