On September 9, 2024 a coalition of nonprofits submitted comments to the Bureau of Reclamation (Reclamation) in response to its 2024 Draft Environmental Impact Statement (DEIS) on the Long-Term Operations of the Central Valley Project (CVP) and State Water Project (SWP). The coalition consists of California Sportfishing Protection Alliance (CSPA), California Water Impact Network, Friends of the River, Golden State Salmon Association, Institute for Fisheries Resources, Pacific Coast Federation of Fishermen’s Associations, Restore the Delta, San Francisco Baykeeper, Save California Salmon, and Water Climate Trust.
In its comment letter, the coalition contests the paradigm that underpins the DEIS: that delivery of water should come before protecting endangered species. The DEIS falls short in safeguarding endangered species and water quality, and instead prioritizes water deliveries that will exacerbate the ecological decline of California’s rivers and estuaries.
Alternatives That Don’t Protect Fish
The DEIS proposes alternatives for managing the CVP and SWP that are fundamentally flawed. The analysis shows that most of the alternatives, including the Preferred Alternative, would worsen conditions for endangered species such as the Chinook Salmon and Longfin Smelt—a clear violation of the Endangered Species Act.
Only Alternative 3 in the DEIS, developed by several environmental groups, is legally adequate. Alternative 3 would significantly reduce water diversions and provide better protection for endangered species. Yet, despite the benefits, Alternative 3 was not selected as the Preferred Alternative in the DEIS.
Plan For Drought Violates Minimum Water Quality Objectives
The scientific analysis used in the DEIS uses flawed standards to evaluate water temperatures. The temperature analysis for juvenile winter-run Chinook salmon—a species already on the brink of extinction—fails to account for recent scientific studies that show that colder temperatures than previously accepted are needed to support salmon survival rates.
The DEIS downplays the likely harm that will be caused to endangered species by increased water diversions and long-term drought conditions. The DEIS fails to provide details and criteria for imposing shortage provisions on water contractors, especially Sacramento River Settlement Contractors.
Instead of offering concrete drought mitigation strategies, the DEIS relies on an undefined “Drought Toolkit” that involves voluntary measures such as water purchases that have no clear source of funding and no clear plan for implementation.
Voluntary Agreements
The DEIS relies on Voluntary Agreements (VAs) to make a small increase in environmental flows. It is not reasonably certain that the State Water Board will accept the VAs, but the DEIS treats them largely as a done deal.
CSPA has also worked extensively along with its allies to stop the VAs from being accepted by the State Board. CSPA opposes the VAs because the VAs would not provide enough water to restore fish.
Ignoring Environmental Justice
The DEIS fails to address impacts on environmental justice communities. The Delta’s subsistence fishing communities, who rely on local fish populations for food, are among the hardest hit by declining fish numbers and deteriorating water quality. The DEIS does not take into account the increased exposure to toxins and the economic burden placed on these communities as fish populations continue to plummet and Harmful Algal Blooms (HABs) become more common.
Legal Violations and Calls for Change
In its current form, the DEIS falls short of complying with the National Environmental Policy Act (NEPA) and the Endangered Species Act. Reclamation must revise and recirculate the DEIS, and accept a more protective alternative, to ensure that the long-term operations of the CVP and SWP protect both endangered species and the communities that rely on healthy ecosystems.
The Path Forward
California’s water system has been pushed to its limits. Protecting endangered species while meeting water needs is not an easy task but Reclamation must do better to achieve this goal. The DEIS in its current form will create a future where water deliveries come at the expense of biodiversity, environmental justice, and the very survival of California’s growing list of endangered and threatened species.