Today, the Delta Tribal Environmental Coalition (DTEC), represented by the Environmental Justice Law and Advocacy Clinic at Yale Law School, along with the California Indian Environmental Alliance, the San Francisco Baykeeper, and the Golden State Salmon Association, sent an official statement to the State. The Water Resources Control Board (State Water Board) highlighting the fundamental flaws in the Delta Conveyance Project (DCP) cases.
These prices affect applications submitted by the Department of Water Resources (DWR) in February 2024 asking the State Water Board to modify water rights permits issued in 1972, allowing DWR to use them now for construction and work with DCP. In August, DWR also quietly extended a request to extend the construction period of water storage and transmission facilities under that permit by fifty-five years, from 2000 to 2055.
The statement by DTEC and its partners calls attention to DWR’s request for special treatment since the permits DWR is seeking to use for DCP expired decades ago and cannot be renewed. The group is calling on the State Water Board to hold DWR to the same policies and procedures as other water users, requiring them to submit a new water right application – allowing the public to provide comments with the National Water Board to adequately analyze whether there is enough water available for this unprecedented water supply project.
The DCP is a 40-foot-wide underground tunnel capable of pumping 6,000 cubic feet of water per second—the equivalent of about 245 Olympic swimming pools every hour. – from the North Delta, to send them directly to the water users in the Central. Valley.
Meanwhile, the State Water Board’s continued delay in updating water quality standards worsens the situation in the Bay-Delta. The DCP would reduce the flow to dangerously low levels, add another chapter to the country’s history of violating the rights of Delta Tribes, neglecting the interests of communities in need, and sacrificing the integrity of the environment. Bay-Delta for Big profits. Ag. The National Water Board is under investigation by the US Environmental Protection Agency (EPA) for singling out Delta Tribes and disadvantaged communities in poor water quality management practices in the Bay. -Delta.
The coalition is asking the State Water Board to deny DWR’s requests and to demand the completion of the Bay-Delta Plan and the completion of the EPA’s investigation into the Board’s discrimination before taking further action. A broad group of Bay-Delta cities and counties, environmental organizations, and other stakeholders have submitted statements to the State Water Board expressing concerns similar to those in the DCP cases. The State Water Board’s hearing office will review the statements at a pre-trial meeting on October 17.
A statement from Naji Thompson, a certified student attorney at the Yale Environmental Justice Law and Advocacy Clinic:
“Before considering the merits of DWR’s wrongful claims, the Board must first resolve important questions about its authority and the rights and interests of the Bay-Delta Tribes and the public. It is imperative that the Board reject attempts to DWR’s objections and defense mechanisms, designed to protect the voices of those who will be forced to live with the long-term consequences of the construction and operation of the DCP for future generations.”
A statement from Malissa Tayaba, Vice Chair of the Shingle Springs Band of Miwok Indians:
“As the tribes continue to be affected by unhealthy rivers and water bodies, the Department of Water Resources is trying to speed up the canal project that will divert more water from our rivers and waterways. Delta environment. We need a transparent and fair process that prioritizes our tribes, our rivers, and cultural sites. We shouldn’t allow DWR to play by different rules that hurt us even more. ”
A statement from Gary Mulcahy, Government Liaison for the Winnemem Wintu Tribe:
As the Tribe has previously stated, the Department of Water Resources’ attempt to extend water rights that have expired for 55 years is illegal. DWR has wasted public money now for 24 years based on an expired permit and a zombie type project that has been rejected by the public since 1982. proper permit.”
A statement from Gloria Alonso Cruz, Environmental Justice Advocacy Coordinator for Little Manila Rising
“Acceptance of DWR’s appeal will force the marginalized Bay-Delta community to continue to endure tribal environmental disruption, an act that cannot be justified and continues to ignore the voices of the tribal community and The State Water Board has the authority to hold DWR accountable and prioritize protection for the community and the Bay-Delta environment.
A statement from Cintia Cortez, Director of Delta’s Return Policy
“DWR is asking the Board to remove the appropriate review to extend the expired permits without waiting. However, it has been two years since Delta residents, who continue to live with damaged waterways and toxic algae, ask the state for help.By continuing this process, the Board is prioritizing serving special interests and providing DWR protection to please the Governor.
A statement from Eric Buescher, Attorney for the San Francisco Bay Keeper:
“The performance of the National Board is important. How the Board handles this water rights process will have ramifications for the environment and the people who depend on a healthy San Francisco Bay, Delta and watershed. The State Board needs to act fairly, justly and quickly to deal with the Delta crisis before it considers giving DWR the power to reduce conditions across the watershed for fifty years. coming. “
A statement from Scott Artis, Executive Director of the Golden State Salmon Association
“Extending water permits for 55 years is not ‘small change’—it’s a huge blow to already struggling Californians. The Delta Conveyance Project will devastate the fishing industry and the Bay-Delta watershed that communities and tens of thousands of people and businesses depend on, all while loosening regulations for big water interests. .
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