The Barbed Wire - January 22, 2016

January 22, 2016
RCRC Installs 2016 Officers
RCRC Presents Legislator of the Year Awards to Senator Mike McGuire and Assembly Member Brian Dahle
2016 Draft Emergency Water Conservation Regulations
Groundwater Replenishment Report
Proposition 1 Sustainable Groundwater Planning (SGWP) Grant Program
Water Diverter Measurement and Reporting Regulations Adopted
California WaterFix Design and Construction
California WaterFix Biological Assessment Released
Federal California Emergency Drought Relief Act Discussion Document Released
Twenty-One Critically Overdrafted Basins Identified
Governor Brown Delivers State of the State Address
REGULATORY UPDATE

RCRC Installs 2016 Officers

SACRAMENTO, CA – January 22, 2016 – The Rural County Representatives of California (RCRC) installed its 2016 Officers at its Annual Installation and Reception in Sacramento earlier this week.  Glenn County Supervisor John Viegas was installed as Chair, Tehama County Supervisor Bob Williams was installed as First Vice Chair, and Humboldt County Supervisor Rex Bohn was installed as Second Vice Chair, while Sierra County Supervisor Lee Adams became Immediate Past Chair.  The newly elected Officers will lead the organization in championing policies on behalf of California’s rural counties.  

Full Press Release

RCRC Presents Legislator of the Year Awards to Senator Mike McGuire and Assembly Member Brian Dahle

SACRAMENTO, CA – January 21, 2016 – The Rural County Representatives of

California (RCRC) announced that it has awarded Senator Mike McGuire (D-Healdsburg) and Assembly Member Brian Dahle (R-Bieber) with the annual "Patti Mattingly Awards" for 2015.  The Patti Mattingly Award is given to a policymaker who has demonstrated leadership on rural issues and exhibited an understanding of the unique challenges that rural communities face.  

Senator McGuire Press Release

Assembly Member Dahle Press Release

2016 Draft Emergency Water Conservation Regulations

On January 15th the State Water Resources Control Board (State Water Board) released a revised draft of emergency water conservation regulations that would extend the requirements of the existing regulation through October 2016.  

The draft regulation and a newly updated fact sheet that details some of the changes to the May 2015 Emergency Regulations can be accessed here.

Public comment on the draft regulations is due by noon Thursday, January 28, 2016.  The State Water Board is expected to consider the regulation at its February 2, 2016 meeting.  

Groundwater Replenishment Report

The Sustainable Groundwater Management Act (SGMA) legislative package requires the Department of Water Resources (DWR) to prepare and publish a report by December 31, 2016, that presents the DWR’s best estimate of water available for replenishment of groundwater in the state. 

The DWR has developed an issue paper highlighting relevant sections of the law, a summary of recent outreach, potential technical options and questions to consider as they develop the required final report. 

The issue paper can be accessed here.

Proposition 1 Sustainable Groundwater Planning (SGWP) Grant Program

Proposition 1 (2014 Water Bond) authorized the Legislature to appropriate funds to the Department of Water Resources (DWR) to establish the Sustainable Groundwater Planning (SGWP) Grant Program. The first round of the SGMP grant funding made available $10 million to counties with stressed basins.  

DWR received 23 applications requesting a total of $6,984,182 with a total project cost of $13,011,485.  DWR plans to make draft award announcements in late January and final awards in February.  Applications were due on December 8, 2015.  

Water Diverter Measurement and Reporting Regulations Adopted

This week the State Water Resources Control Board adopted regulations requiring all surface water right holders and claimants to report their diversions.  Those who divert more than 10 acre-feet of water per year must also measure their diversions.  

The regulations, which apply to about 12,000 water right holders and claimants, require annual reporting of water diversions.  The regulations cover all surface water diversions, including those under pre-1914 and riparian water rights, as well as licenses, permits, registrations for small domestic, small irrigation and livestock stockwatering and stockpond certificates.

The regulations provide for phasing in requirements for installing measurement devices and a tiered approach to accuracy and recording frequency standards, all based on the size of the diversion.  Failure to comply with the regulations is a violation subject to civil liability of up to $500 per day. 

The adopted regulations can be accessed here.

California WaterFix Design and Construction

On January 15th a tentative agreement between the Department of Water Resources (DWR) and a yet to be created Joint Powers Authority (JPA) composed of public water agencies that would pay for the estimated $15 billion WaterFix project was released.  

The terms under which the DWR and the water agencies would coordinate are contained in the agreement – which will not be effective until it is approved by both DWR and the created  JPA at some point after the project is permitted by the various federal and state agencies.    

The tentative design and construction agreement can be accessed here.

California WaterFix Biological Assessment Released

On January 15th the U.S. Bureau of Reclamation (Bureau) and the Department of  Water Resources (DWR) released a working draft of the biological assessment (BA) for the California WaterFix, also known as the Twin Tunnels. 

The BA, required by Section 7 of the federal Endangered Species Act, will provide the basis for consultation with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service to determine whether the proposed action is likely to adversely affect listed species or designated critical habitat, jeopardize the continued existence of species that are proposed for listing, or adversely modify designated critical habitat.   

The BA can be accessed here.

Federal California Emergency Drought Relief Act Discussion Document Released

This week, Senator Feinstein released a discussion draft of the California Long-Term Provisions for Water Supply and Short-Term Provisions of Emergency Drought Relief Act.  The draft legislation includes a wide range of provisions to address both long-term water supply needs as well as short-term, temporary solutions to make the water delivery system more efficient during the existing drought. 

According to a statement released by Senator Feinstein, the bill reflects many meetings between Democrats and Republicans, water districts, cities, rural communities, farmers, fishermen and a number of environmental groups.  Senator Feinstein also indicated that she intends to hold meetings over the next several days to discuss the draft bill, and that she intends to meet with those House members who have indicated a desire to discuss the bill when they return to Washington next week.

The discussion draft can be accessed here.  The summary of the draft can be accessed here.

Twenty-One Critically Overdrafted Basins Identified

The Department of Water Resources (DWR) has identified 21 groundwater basins and subbasins in which excessive groundwater pumping has resulted in significant overdraft.  As a result, those basins and subbasins fall under the earliest deadlines required by the Sustainable Groundwater Management Act (SGMA).  

The basins identified by DWR as significantly overdrafted must have groundwater sustainability plans in place by January 31, 2020.  The SGMA requires all basins designated as high or medium priority and subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans two years earlier than the other high- and medium-priority basins.

This latest list of basins subject to critical conditions of overdraft will be published in the next update of Bulletin 118, the comprehensive report on California groundwater resources that is periodically updated by DWR.  The next update of Bulletin 118 is expected in late 2016.

The final list of critically overdrafted basins and the statewide map of critically overdrafted basins can be accessed here.

Governor Brown Delivers State of the State Address

The full text of Governor Brown’s 2016 State of the State address can be accessed here.

REGULATORY UPDATE

RCRC members are encouraged to submit comments on regulatory matters to state and federal regulatory bodies, and to provide a copy to RCRC’s Government Affairs staff.  Click “Read More” to access information related to the current status of regulations impacting California’s rural counties.  

Revised Proposal to Update CEQA Guidelines regarding Analysis of Transportation Impacts: Senate Bill 743 (Steinberg; 2013) required an initial draft of changes be developed to the California Environmental Quality Act (CEQA) regarding the analysis of transportation impacts by the summer of 2014.  This revised proposal reflects input received on that preliminary discussion draft.  Agency: The Governor’s Office of Planning and Research (OPR) Status: Draft language released January 20, 2016 with comments due February 29, 2016.  RCRC comments:  Staff is seeking input from member counties.  A copy of the revised proposal can be accessed hereRCRC Advocate: Mary Pitto mpitto@rcrcnet.org

Proposed Exceptional Events Rule Revisions and Draft Wildfire Guidance:  Revises the Exceptional Events Rule to clarify demonstration of events such as prescribed burns and wildfires, provides guidance to air agencies on procedures.  Agency: United States Environmental Protection Agency  Status: Draft available for public comment, comment date extended to February 3, 2016.  Proposed regulatory language and related documents can be downloaded here.  RCRC Comments:  RCRC is seeking member county input.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Draft Conservation Plan for Gray Wolves in California:  Provides strategies and potential actions for the management and conservation of gray wolves in California.  Agency: California Department of Fish and Wildlife  Status: Draft available for public comment, comments due February 15, 2016.  Draft plan and related documents can be downloaded hereRCRC Comments:  RCRC is seeking member county input.  RCRC Advocate: Staci Heaton sheaton@rcrcnet.org