California Office of Administrative Law

This document describes the process of developing the Conveyance, Storage, and Operations Amendment to the Delta Plan. The amendment aims to revise the Delta Plan's approach to water movement, storage, and facility operations in the Delta, following the change from the Bay Delta Conservation Plan to California WaterFix. Key objectives include promoting improved conveyance alternatives, increasing surface and groundwater storage, and enabling more flexible operations of the entire water system. The development incorporated 19 guiding principles and extensive public input, with a planned environmental review and finalization by the end of 2017.

The discussion involved comments from Mr. Wallace of East Bay MUD regarding WRP to the Council. Mr. Wallace offered specific praise to the staff for reducing overburden in the regulatory language of the narrative, noting the document was cleaner and better met criteria for necessity and clarity. He also raised concerns about transparency, specifically regarding an additional incentive mentioned in a letter from DWR, suggesting it was unnecessary as water contractors are already complying with established procedures.

The primary discussion focused on policy revisions regarding consistency determinations related to the Delta plan, specifically debating the inclusion and wording of language concerning potential future council actions if deadlines are missed by other agencies. Key points included removing language that suggested the council might take over certain duties and refining the requirements for the State Board to develop and implement new flow standards. There was also discussion on ensuring the policy context addresses ecosystem health comprehensively within the Delta plan's broader framework.

The discussion involved public comment concerning regulatory language and policy acceptance, specifically regarding decreased reliance measures. Concerns were raised about the need for greater clarity and precision in the policy's regulatory language, including defining baseline years for assessing reduced reliance. A representative from Eastbay Mud proposed that compliance could be met through participation in Regional Solutions and conjunctive use projects with Central Valley areas to resupply depleted aquifers.

A presentation was given by Doug Wallace representing East Bay MUD regarding proposed regulations. The speaker summarized extensive comments submitted previously, highlighting structural problems with the regulations concerning necessity, non-duplication, consistency, and clarity under the Administrative Procedures Act. Specific concerns included excessive narrative language, policy woven into definitions, and duplicitous provisions regarding water contracting transparency. The speaker also argued against including beneficial actions as covered actions subject to consistency determinations, citing the creation of unnecessary regulatory barriers. The presenter requested the council reconsider the current drafting of the regulations to simplify them significantly.