Delta Stewardship Council Keys to Success – BDCP

In many ways, the state currently has two ambitious processes planning the future of the Delta -- the Delta Stewardship Council and the Bay-Delta Conservation Plan process.  The creation of the Council was the result of a high-profile debate in the legislature.  The BDCP, for those outside of the water world, has been a far more low-profile process.  It is, however, a very ambitious and well-funded effort.

The Council’s charge is to address the full range of challenges facing the Delta.  The BDCP’s charge, on the other hand, is far narrower – focusing solely on water supply reliability and ecosystem health.  Specifically, the BDCP is writing a Habitat Conservation Plan and a Natural Communities Conservation Plan to comply with the state and federal Endangered Species Acts and seek permits for a new conveyance facility in the Delta, proposed operations of that facility, a large habitat restoration program, governance and other related activities.  Flood management and other issues included in the Council’s charge thus far appear to be beyond the scope of the BDCP.   Recently, the state and the Department of the Interior jointly announced that they plan to release a draft BDCP plan this November.

The legislature recognized the need to integrate the BDCP and Council processes.  This issue was addressed carefully in SB 7x 1.  That bill, which also created the Council, established new, stronger protections for the Delta ecosystem.  Many of these requirements are directly related to the BDCP and its potential inclusion in the Delta Plan.  For example, the legislation requires:

• The State Board to develop flow criteria adequate to protect the Bay-Delta’s Public Trust resources.   The Board is also required to incorporate new flow requirements into any BDCP permit for a new Delta facility. 
• The Department of Fish and Game to develop flow criteria and quantifiable biological objectives to measure progress in the restoration of Delta ecosystem health – a task with important implications for BDCP.
• The BDCP to meet the requirement s of the Natural Communities Conservation Planning Act, including the recovery of listed species. 
• The BDCP to analyze a range of conveyance facility designs, operations, conveyance capacities and flows necessary for recovering the Delta ecosystem and restoring fisheries. 
• The BDCP to include a real-time water operations program that leaves fisheries agencies in charge of final decision-making on project operations. 
• That water exporters, rather than taxpayers, pay for all costs related to a new Delta conveyance facility, including environmental review, planning, design, construction and mitigation.

The legislature also created, in SB 7x 1, a state policy of reducing reliance on Delta diversions by increasing investments in alternative supplies that increase regional self-reliance.  It also created a Watermaster at the State Board to ensure compliance with Delta environmental protection requirements.  These provisions, of course, have important implications for BDCP as well.

Finally, the legislature gave the Council specific responsibilities regarding the BDCP.  It required the BDCP to consult with the Council’s Independent Science Board.   It established the Council as a responsible agency in the preparation of the BDCP’s environmental compliance documents.  The Council’s oversight authority also provides it with direction to integrate BDCP and Delta flood management efforts.  (I’ve written earlier this week about this issue.)  And finally, the legislature gave the Council authority to hear appeals of whether BDCP meets the requirements of SB 7x 1.  Thus, the Council must provide guidance to the BDCP process, and must be prepared to evaluate it in the future.  Suffice it to say that the success or failure of the BDCP has significant implications for the Council’s Delta Plan.

Recently, the legislature held a joint oversight hearing on implementation of the water policy reform package.  Much of the discussion focused on BDCP and clearly revealed that that this process has not yet fully incorporated all of the legislature’s requirements - a point that NRDC and other groups also made here.  Given the importance of the BDCP and the short timeline for developing a draft plan, we’re pleased to see that the Council appears to be paying particular attention early in its tenure to the BDCP process (see page 82-83 of the attached materials from the April 22-23 Delta Stewardship Council meeting).