Water Facilities Including a Peripheral Canal Referendum Statute
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i Water Facilities Including a Peripheral Canal Referendum Statute Official Title and Summary Prepared by the Attorney General WATER FACILITIES INCLUDING A PERIPHERAL CANAL. REFERENDUM STATUTE . A "yes" votF~ approves, a "no" vote rejects, a law that will : Designate additional facilities and programs, including a peripheral cana as units of Central Valley Project . Specify requirements regarding feasibility, environmental impacts, design construction, operation, financing, and protection and enhancement of fish and wildlife for project units. Requir, Water Resources Department to contract with named delta agencies regarding users' rights, water quality, and benef` payments; and to immediately proceed with specified prerequisites to construction of peripheral canal . Requir compliance with designated water quality standards and conditions . Specify other responsibilities and matters Summary of Legislative Analyst's estimate of net state and local government fiscal impact : As Project has been planner and operated to be self-supporting, implementation under present policies would not require increase in state taxe or reduce funds for other state programs . Potential construction costs at 1981 prices are in excess of $3.1 billion plu_ unknown additional costs, plus interest, to be financed by increased user charges . FINAL VOTE CAST BY THE LEGISLATURE ON SB 200 (PROPOSITION 9) Assembly-Ayes, 50 Senate-Ayes, 24 Noes, 28 Noes, 12 Analysis by the Legislative Analyst Background : holders of water rights in the delta, and (3) the amour' The State Water Project. In 1960, the California vot- of water that would flow from the delta to flush Sar. ers approved the Burns-Porter Act, which authorized Francisco Bay . (1) the construction of the State Water Project and (2) During the 1979-80 Regular Session the Legislature the issuance of $1 .75 billion of general obligation bonds enacted Senate Bill No . 200 and Assembly Constitution- to assist in financing the project . The State Water al Amendment No . 90, which pertain to the State Wate_ Project was designed to provide additional water pri- Project generally and the Peripheral Canal and dell ._. marily in the San Joaquin Valley and southern Califor- specifically. nia. SB 200 (Chapter 632) . Senate Bill 200 specificall-s The Department of Water Resources has now com- directs the Department of Water Resources to con pleted the main features of &.e State Water Project struct the Peripheral Canal and authorizes the con- consisting of (1) a dam and reservoir at Oroville which struction of several other major facilities as additions t : stores water in the winter for release into the Sacra- the State Water Project . These facilities and their cost' mento River and the Sacramento-San Joaquin River are shown in Table 1 . Delta in the summer and (2) a large pumping plant at the southwestern edge of the delta to pump water from Table 1 the delta into an aqueduct system for delivery primarily Potential Cost of SB 200 Features to the San Joaquin Valley and southern California . (in millions of 1981 dollars) The Burns-Porter Act also provided construction and Potential funding authority for additional unspecified facilities as state cost well as a facility to transfer water across the Sacra- Features (1981 prices, mento-San Joaquin Delta. The Peripheral Canal would 1. Peripheral Canal (located in Sacramento, be such a transfer facility . San Joaquin, and Contra Costa Counties) $680 The Peripheral Canal. Construction of the Periph- 2. Relocation of Contra Costa Canal intake eral Canal has been proposed since 1965 to improve and construction of Suisun Marsh facili- water quality in the delta, to provide fishery protection ties, South Delta water quality improve- and to provide additional water to central and southern ment facilities, and Western Delta California. The canal would move Sacramento River overland water facilities (located in the delta and adjacent areas) 139 water around the eastern and southern edge of the 3. Los Vaqueros Reservoir (Contra Costa delta, rather than allow it to move through the natural County) 872 channels of the delta . 4. Glenn Reservoir (Thomes-Newville) D-i The Peripheral Canal would permit human decisions version Unit, Phase I (Glenn County) .... 493 to partially modify the flows in the delta . As a conse- 5. Groundwater storage facilities quence, issues have arisen concerning (1) the amount (a) South San Francisco Bay area Unknown of water that would be released from the Peripheral (b) San Joaquin Valley and southern Cal- Canal to maintain fisheries and water quality in the ifornia 112 delta, (2) the protection that would be provided to Continued on page y 36 I Text of Proposed Law This law proposed by Senate Bill 200 (Statutes of 1980, Chapter 632) of the facilities not integrally connected with the facility described in is submitted to the people as a referendum in accordance with the subdivision (a) of this section. or its operation, shall be constructed provisions of Section 9 of Article II of the Constitution . only if a contract between an appropriate agency representing the This proposed law expressly amends an existing section of, and adds beneficiaries and the department is executed. sections to, the Water Code ; therefore, new provisions proposed to be (e) As mitigation for the past, present, and future adverse impacts added are printed in italic type to indicate that they are new. of reduced delta outflows on the wildlife resources of the Suisun Marsh, the department shall construct, maintain, and operate or con- PROPOSED LAW tract with the Suisun Resources Conservation District for the con- struction, maintenance, or operation of the Suisun Marsh overall SECTION 1. Section 11108 is added to the Water Code, to read : protection facilities in accordance with a plan to be developed by the 11104. "Delta" means the Sacramento-San Joaquin Delta as de- department in cooperation with the Suisun Resources Conservation scribed in Section 12220. District and the Department of Fish and Came. The facilities shall be SEC. 2. Section 11109 is added to the Water Code, to read : completed no later than stage one of the facilities described in sub- 11109. 'Suisun Marsh "means the area defined in Section 29101 of division (a) of this section . the Public Resources Gode. (f) Facilities for utilizing ground water storage space determined SEC. 3. Section 11110 is added to the Water Code, to read : by the director to be feasible for the purpose of providing yield for 11110. "Historical level" means the average annual abundance the State Water Resources Development System based upon esti- from 1922 through 1967 of the adult populations offish and wildlife mates by the department that ground water storage can yield 400,000 estimated to have lived in or been dependent on any area, as deter- acre-feet annually, in conjunction with existing and future surface mined by the Department of Fish and Game . water supplies by the recharge and extraction of ground water and SEC. 4 . Article 9.4 (commencing with Section 11255) is added to including the capitalized cost ofdel vering water for filling or refilling Chapter 2 of Part 3 of Division 6 of the Water Code, to read : ground water storage space, in one or more of the following locations Article 9.4. Additional Facilities and Programs within the service area of the State Water Resources Development 11255. The project includes the units authorized in this section, System: (1) The south San Francisco Bay area in the Counties of Santa subject to the conditions specified in Sections 112.56 and 11257, and in compliance with the California Environmental Quality Act (com- Clara and Alameda, served by the South Bay Aqueduct . (2) San Joaquin Valley, served by the California .Aqueduct. mencing with Section 21000 of the Public Resources Code) and which (3) Southern California, served by the California Aqueduct, in- may be constructed, operated, and financed as joint-use facilities with cluding enlargement of the Devil Canyon Power Plant and the Mo- the United States: IalA;Ar healcanal unit, around the eastern and southern rim jave Division (East Branch) from the proposed Cottonwood Power of the delta . This unit shall be designed, constructed, and operated to Plant to Silverwood Lake. meet the provisions of this part in the most effective manner, and None of the facilities described in this subdivision shall be con- shall consist of canals, pumping plants, intake and outlet structures, structed or operated within the boundaries of an agency that has siphons and fish screens. The department shall design and construct contracted for water from the State Water Resources Development the unit so as to optimize its usefulness for the protection of the System without a contract with such agency. resources of the delta and the augmentation of water supplies . The (g) Glenn Reservoir-River Diversion Unit on the west side of the department may provide for joint use or delivery of water from the Sacramento Valley in the vicinity of Ston v Creek and Thomes Creek unit with local agencies or with the United States upon the execution watersheds. This unit may be constructed in stages . ofagreements with local agencies or with the United States concern- (h) If the Glenn Reservoir-River Diversion Unitauthonzedin sub- ing operation, financing and sharing of benefits of the unit . This unit division (g) is not feasible, as determined by the Director of Water shall be constructed in three stages, with the work on the first and Resources, the Colusa Reservoir-River Diversion Unit on the west second stages proceeding concurrently. Stage one shall consist of side of the Sacramento Valley in the western portion of the Counties construction of the facility from the town of Hood to Shima Tract on of Glenn and Colusa. This unit may be constructed in stages. The Sites the northwest outskirt of Stockton . Stage two shall consist ofprecon- Reservoir portion of the unit may be developed at any time hereafter solidation fromn the San Joaquin River to Clifton Court Forebay of the by the federal government as a facility of the federal Central Valley California Aqueduct.