California Delta tunnel opponents renew fight to rework massive water project

The Delta Stewardship Council previously rejected several appeals, but left the door open for review of an invasive species and a concurrent water project.SACRAMENTO, Calif. (CN) — Groups opposed to California’s Delta Conveyance Project had a second chance Thursday to argue why the massive water project fails to meet essential criteria and should return to the state water department for further workshopping.The Delta Stewardship Council heard appeals to a certificate of consistency for the massive water transfer system, making no decision that day whether to reject the appeal or send it back to the Department of Water Resources for more tweaking. The council can’t outright deny the project.A decision is expected Dec. 9.The council previously denied all appeals, except two. That led the department to rework its project certification on those two points: whether its facilities improve habitat conditions for the golden mussel, an invasive species; and if it considered and avoided, or reduced, conflicts between its twin cities complex and Sacramento Area Sewer District’s Harvest Water project.Those appealing and the Delta Protection Commission, the latter an advisory body for the council, said the water department failed to meet the mark.“It’s just too risky for our Delta for all the things we’re trying to accomplish,” said Osha Meserve, representing a handful of appellants.Department officials argued its benchmarks were narrow, saying its revised certificate of consistency complied with the Delta Plan.The project has long been controversial and led to litigation. It calls for two intake facilities by the Sacramento River, near the town of Hood, that could handle 6,000 cubic feet of water per second. A tunnel some 45 miles in length would carry water south to the Bethany Reservoir and ultimately to Southern California.It’s expected to cost over $20 billion.Opponents urged the council to remand the two issues to the water department. San Joaquin Supervisor Paul Canepa said golden mussels already are present, creating major issues. Reports state they attach to submerged surfaces and interfere with pumps and screens.A tunnel transporting water could create a habitat for those mussels. He questioned if the water department properly addressed that risk in its revised certificate of consistency.“What we have now is something that’s totally out of control,” he added.Sabrina Snyder, a senior management analyst with Yolo County, questioned whether the water department could efficiently implement system maintenance. She said physical removal of golden mussels doesn’t equate to sustained control of the problem.Arguing the second point, Meserve said the department failed to respect local land use. The twin cities complex, a tunnel launch shaft that’s part of the greater Delta Conveyance Project, would make over 200 acres unusable and negatively impact the Harvest Water project.That project, set to begin operation next year, is expected to provide 50,000 acre-feet of reliable, recycled water to agricultural land and habitats each year.“Harvest Water is not just a proposal,” Meserve said. “It’s already underway.”Duane Martin — a member of the Twin Cities Group, one of the appellants — told the council that he’s ranched the area for 20 years where the twin cities complex would be built. Construction on the Delta Conveyance Project will take over 11 years, impacting the greater community.“A ranch of this size is becoming more and more scarce,” Martin said, adding: “I hate to see one more disappear and it will never be back.”Holding his infant child, Twin Cities Group member David Schultz said the construction alone worried him. That led Councilmember Diane Burgis to later opine that the construction timeline would encompass his infant’s entire childhood.Schultz returned later that day to speak during public comment.“It’s a beautiful spot and it should remain the way it is,” he said.Water department officials advised council members to look at the narrow path allowed under the appeals. The revised certificate of consistency is supported by substantial evidence, and the council had to view evidence in a light most favorable to the department.They noted that the project wouldn’t improve habitats for golden mussels. Screens over intake areas will stop mussels from attaching to surfaces and self-cleaning brushes will help remove them.Those steps show the department is avoiding improving mussel habitat, meaning it’s complying with the Delta Plan.Pivoting to the land-use issue, officials argued the question of whether the department should have pursued another site for the twin cities complex wasn’t before the council. Instead, the issue was whether it considered and avoided, or reduced, conflicts between its project and Harvest Water.Information shows that other sites for the complex are infeasible. Katherine Marquez, a program manager with the department, said the Twin Cities Group wants the complex moved. However, while that would remove the problem for it, it would create problems for others.“There is no location where we could have avoided all conflicts,” she added.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads