PCL Insider: News from the Capitol
AS DELTA CRUMBLES, WATER BOARD MAY REVIEW IF
MANAGEMENT IS CONSISTENT WITH PUBLIC TRUST
As PCL Insider readers are well aware,
the California Bay Delta Estuary is in critical condition, in
part due to the massive export of water from the Delta. For the
past seven years, the state and federal governments have been
pumping record amounts of water from the Delta at the same time
that native fish populations have been crashing and Delta water
quality has declined.
Due to the growing threat of extinction and the
requirements of the California and federal Endangered Species
Acts, several recent court decisions have determined that those
excessive water exports must be reduced.
Now the State Water Resources Control Board is
planning to address the crisis. On December 4th, the Board will
consider adopting a resolution to review whether Delta water
exports are consistent with the Public Trust.
The Board is responsible for making sure that all
water use and water diversions in the State are reasonable,
beneficial, and consistent with the Public Trust Doctrine.
While a seemingly small move, the impact of this
resolution could do more to help the Delta than any past
lawsuit. The Public Trust Doctrine is the same lever that
delivered the landmark
restoration of California's Mono Lake. In that case,
the Supreme Court of California defined public trust as, "an
affirmation of the duty of the state to protect the people's
common heritage of streams, lakes, marshlands and
tidelands..."
Several water exporters are now pressuring the
Board to drop the Public Trust resolution, claiming that such a
resolution will harm California's water supply. As in the case
of Mono Lake, we are fortunate to have several other water
supply options available in California which allow us to return
water to the Delta while meeting California's water needs.
PCL will be at the hearing to cheer on the Board
and encourage them to take on this politically explosive but
absolutely critical issue. Join us in
person, or watch the webcast
of the proceedings, on December 4th, 2007.
PENDING STATE DECISION MAY ELIMINATE DROUGHT
SAFEGUARD FOR CITIES: PUBLIC ASKED TO WEIGH IN
Next week the Department of Water Resources (DWR)
will hear from the public on whether or not to eliminate a
drought safeguard for over 20 million Californians.
Millions of Californians now receive a portion of
their water supply from the State Water Project (SWP). As part
of the original agreement to purchase SWP water, these
Californians were given priority for water deliveries during
times of drought or shortage.
However, in 1995, the State and a handful of SWP
contractors attempted to amend the SWP contracts. As part of
those negotiations, the urban safeguard was eliminated from the
water contracts. As a result, urban areas are at greater risk of
water cutbacks during droughts.
Fortunately, the amendments have not been adopted
permanently. As part of a lawsuit by PCL and two other
plaintiffs, the State was forced to do an Environmental Impact
Report (EIR) on the effects of the proposed amendments and
present that EIR to the public for full review. After responding
to all public comments, DWR must decide whether to adopt the
original amendments, including elimination of the urban
safeguard. Alternatively, DWR could choose to implement other
water management strategies that would better serve
California.
The public now has the opportunity to weigh in on
whether DWR should eliminate the urban safeguard or seek a
better path for California. DWR will hold three more hearings on
the proposed contract amendments.
December 3, 2007 1-3 PM
Room
102-A, Hearing Room, Bonderson Building, 901 P Street,
Sacramento, CA
December 4, 2007 6-8 PM
800
South Victoria Avenue, Lower Plaza Assembly Room, Ventura,
CA
December 5, 2007 6-8 PM
1115 Truxton
Avenue, Supervisors’ Board Room, 5th Floor, Bakersfield,
CA
Written comments on the Draft
EIR for the proposed amendments can also be submitted to DWR
by January 14, 2008. For more information on the hearings or the
proposed SWP amendments, please contact Mindy McIntyre at mmcintyre@pcl.org.
DAY SUNSHINY, BRIGHT FOR CLEAN ENERGY
INITIATIVE – MEASURE QUALIFIES FOR 2008 STATEWIDE BALLOT
We all know it; to take effective action on our
global warming crisis we need to shift to clean alternative
energy in only a few decades. That means shutting down dirty
power sources and ramping up production of cleaner sources as
fast as possible.
Here's an interesting development that might help
us down that path: The
Solar and Clean Energy Act of 2008 (a proposed initiative
measure) has recently been submitted to the Attorney General's
office for the preparation of a ballot title and summary. If
qualified to appear on the November 2008 statewide ballot and
passed by the voters, the Act would require that at least 40% of
the electricity used in California must be generated from solar
and clean energy by 2020 and at least 50% by 2025. If the
initiative is passed, both privately owned and municipally owned
utilities would be required to comply with renewable energy
laws, and the bill would cap price impacts at less than 3% of
consumers' electricity bills.
The initiative is intended to strengthen our
energy security, provide California jobs, and cut out a sizeable
chunk of our global warming pollution. The initiative sponsors
are calling for endorsements. You can reach them at (916)
444-2425 or www.solarandcleanenergy.org.
DESAL DECISION DELAY: OCEANS BREATHE SHORT
SIGH OF RELIEF
Last week we
reported that the State Lands Commission would consider the
proposed Carlsbad ocean water desalination facility at their
upcoming hearing. We recently learned that the Commission will
not consider the permit request at their December 3rd meeting, as they
are waiting to receive further materials from Poseidon Resources
(the permit applicant).
We’ll alert readers as soon as the State
Lands Commission reschedules the salty discussions.
BRINGING IN THE BUCKS – LEARN FROM THE
EXPERTS AT PCL'S ENVIRONMENTAL SYMPOSIUM
PCL is proud to announce some special green-backed
treats at our Annual Environmental Legislative Symposium on
January 12, 2008 in Sacramento. This year, we're offering
grassroots organizations the opportunity to get professional
help to bring in the bucks that make possible all the work we
do!
We've worked out a deal for you to have individual
fundraising meetings with the well known author and fundraising
consultant Andy
Robinson. He's already helped the National Wildlife
Federation, the Sierra Club, the Wilderness Society, and the
Waterkeeper Alliance. Now he's available to Symposium attendees
for seven 45 minute consultations at rock bottom prices! Register
now for your private consultation.
In addition, you can learn tips for major donor
fundraising by attending Andy's Symposium workshop "How
To...Ask For Money Face to Face Without Losing Your
Nerve."
We're also pleased to announce Corey Brown of the
Resources Law Group and Jennifer Skondin of the Conservation
Strategy Group will be hosting a workshop called "How
To...Find Funding for Your Project." They'll provide
practical tips to help you find conservation dollars through
Proposition 84 and private foundations.
Early bird discount registration rates end
December 12 – so Register
today!
PCL'S PATTON LEADS CHARGE IN PLANNING 101
If you're interested in land use and planning
issues, attend UCLA Extension's annual Land Use Law &
Planning Conference on Friday, January 25, 2008. This is the
22nd year for what is undoubtedly the most important single
conference specifically focusing on California planning and land
use law. Gary Patton, PCL's Executive Director, is going to kick
off the conference as part of a panel on General Plan law.
Topics at the UCLA Extension conference this year
include updates on planning, zoning and development law; food
systems planning; the new stormwater quality/MS permits; CEQA
2007; general plans; habitat conservation planning; U.S. and CA
supreme courts decisions impacting land use; and climate change
and land use reform.
For more information call (310) 825-7885 or
register online at www.uclaextension.edu/landuse.
If you’re a lawyer, you can get 7 hours of MCLE credit.
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