Letter to Governor Gavin Newsom - Members Call on Interior, California to Work Together to Manage California Water Supply

Letter

Dear Governor Newsom,

California is facing a real risk of a fundamental breakdown of our water delivery system.
We urge you to take what likely is the last remaining opportunity over the next few weeks to
help preserve the longstanding tradition of successfully coordinating the operation of the State
Water Project and federal Central Valley Project. We believe the most plausible path forward is
through continued negotiation and the voluntary agreement process.

We understand that an agreement between the necessary parties was close but has not yet
been reached. Early implementation of such a voluntary agreement when fully negotiated could
provide a framework to allow the State to settle its lawsuit with the federal government and
resolve the differences between the federal biological opinions and the State's incidental take
permit for the long-term operation of the State Water Project. Early implementation will also
help to restore threatened and endangered fish populations. We fear if an agreement is not
reached, all parties will enter prolonged litigation which will set us back for years to come.

We know you agree that continued coordinated operation of the state and federal water
projects is necessary to ensure a reliable water supply for diverse uses throughout California,
including urban, agricultural and environmental uses. Together, these two projects provide water for
an estimated 30 million Californians, nearly 4 million acres of the most productive agricultural land
in the world, and many ecosystems--including managed wetlands--on which fish, waterfowl, and
other wildlife rely. Historically, these projects have operated in a coordinated manner, with each
project meeting its individual purpose while operating within a framework that enables both projects
to jointly meet water supply and environmental obligations.

The longstanding coordinated operation of the two projects is threatened by the conflict
between the federal biological opinions and the State's recently issued incidental take permit.
This conflict, if allowed to continue, will not only reduce water deliveries just as drought may
be returning to California, but also block the successful negotiation of voluntary agreements to
meet Delta water quality requirements, which we support. To this end, you and your team have
made substantial efforts, yet we have heard significant frustration that the lawsuit and the
incidental take permit have complicated finding a needed solution.

Fortunately, we believe early implementation of voluntary agreements would provide an
important foundation to avoid further conflict. To date, state and federal agencies simply do not
agree on the level of Delta outflow required to adequately protect smelt, salmon, and other listed
species. However, these issues do not need to be resolved through litigation if a framework for
voluntary agreements can be reached with the necessary parties, and early implementation
provides interim protections for listed fish species acceptable to the state.

The State's incidental take permit already includes a provision allowing its modification to
allow reliance on voluntary agreements, if approved by the State Water Resources Control Board.
We urge you to refine this provision to also allow reliance on early implementation of voluntary
agreements when fully negotiated, prior to approval by the State Water Board, to meet Delta
outflow needs as well as to continue necessary coordinated operations of the two projects. We are
confident that public water districts and users will commit to work with your administration on
such an approach. Securing additional outflow and implementing adaptive management will not
only achieve environmental benefits in the near term, it will also provide a foundation to bring all
interested parties back to the table so that a long-term comprehensive agreement on Delta water
quality protections can be achieved with reduced litigation.

California water policy is at a critical juncture. Without forceful leadership by state and
federal political leaders, our state will slip back into the "old binaries" referenced in your original
State of the State address. We look to your leadership to help resolve these critical issues and
ensure coordinated water supply for all Californians. We stand ready to help achieve that
outcome in any way we can. Thank you for considering our views.

Sincerely,