On Monday, the State Water Resources Control Board (SWRCB) posted a proposed modification to the previously approved Temporary Urgency Change Petition (TUCP), which can be accessed here. In response to the original TUCP, the SWRCB issued an Order that adjusts water quality requirements in the Sacramento San Joaquin Delta, allowing the State Water Project (SWP) and the Central Valley Project (CVP) to conserve water supplies in upstream reservoirs and more effectively operate the facilities in response to drought conditions. Responding to the State’s continuing dry conditions, SWRCB Executive Director Tom Howard intends to make additional revisions to the Order on or around March 12, 2014.

The revisions will be based on public comments received, the most recent hydrology following the current precipitation event, and water balance estimates prepared by the Department of Water Resources (DWR) and the Bureau of Reclamation (Reclamation) as required by Condition 5 of the Order.

The revisions will include:

· Clarification on the allowable uses of water pumped under the health and safety export provisions of the Order, and a requirement to report where this water is delivered and how it is used;

· A requirement to record the quantity of water that is stored in Project reservoirs as a result of changes allowed under the Order; and

· A requirement to maintain a minimum quantity of water in Project reservoirs at the end of September sufficient to meet health and safety needs in the event of continued drought next year.

The Northern California Water Association (NCWA) filed an objection with the SWRCB stating, “The Upstream Parties’ primary objections are to paragraph 1.b of the Order, which allows the continued export of up to 1,500 cubic feet per second (cfs) of water from the Delta for health and safety purposes. Simply stated, the Upstream Parties do not believe that DWR and Reclamation have made an adequate showing, as required under Condition 2 of the Order, of the amount of water needed for “health and safety” purposes. Nor have they documented where the 1,500 cfs of export water is currently being delivered and used. As a result, DWR and Reclamation have failed to satisfy the explicit requirements of the Order. The Upstream Parties, as senior water right holders, as well as others (including the general public), are entitled to know how DWR and Reclamation are operating the State Water Project and the Central Valley Project, and whether water rights priorities are being honored.”

For additional information, please contact RCRC Legislative Advocate Kathy Mannion at 916.447.4806 or kmannion@rcrcnet.org.