Some Potential Positive News on the Waterfront

Two weeks ago, I wrote about a big water decision concerning a current endangered species act regulation that requires the release of significant amounts of fresh water to the ocean in the Fall (September and October) in certain types of water years.  The 2024 water year is classified as "above normal" and therefore triggers the Fall X2 regulation, which is estimated to cost 350,000 acre feet of water. Recent scientific studies have shown that the Fall X2 action has very little benefit for the legally protected delta smelt.

This past week, the regulatory agencies who were asked by the water users and stakeholders to make modifications to this regulation responded by letter saying in part:

"The Department of Water Resources and U.S. Bureau of Reclamation, in partnership with the California Department of Fish and Wildlife (CDFW) and U.S. Fish and Wildlife Service (USFWS), are currently exploring a revised CVP and SWP fall 2024 operations plan that may include a modification of the Fall X2 action from its description in the 2019 USFWS Biological Opinion and the 2020 Incidental Take Permit issued by CDFW. We will work with you as we prepare the appropriate documentation and applications for this modification under federal and state law."

California Natural Resources Secretary Wade Crowfoot was a keynote speaker at a water conference in Fresno this week and was asked about the Fall X2 issue. He confirmed that his departments are seeking to modify the plan, and he said he hoped to have an answer in the coming days. So progress, but not yet success.

You can read a more complete report here.

Geoff Vanden Heuvel

Director of Regulatory and Economic Affairs