Bay-Delta Plan released: On August 19, 2026, the State Water Board released the almost-final version of the update of the Bay-Delta Plan. The Plan allows the vast majority of water right holders in the Bay-Delta watershed from Stockton north to skate under “voluntary agreements” that marginally increase flows compared to existing conditions. Comments on the revisions to the Plan (compared to the December 2025 version) are due September 18. The State Water Board plans to adopt the Plan in meetings from October 28-30.
Litigation is certain to follow adoption. Environmental and fishing organizations, Tribes, and others will litigate the Plan’s failure to adequately protect fish and wildlife, and other instream uses. Water users are likely to litigate the “backstop” that requires the bypass of 55% of the unimpaired flow into the Delta whenever voluntary agreements do not apply (even with “water supply adjustments” that reduce the percentage in most years).
Legislation victories: CSPA was part of coalitions that defeated two bills in the legislature this summer: AB 2215 and AB 2026. AB 2215 would have extended by 20 years the time that the Department of Water Resources had to fully use its water right permits for the State Water Project. See previous analysis here. CSPA vigorously opposed this legislation, which the bill’s author pulled prior to a Senate committee hearing. AB 2026 would have loosened bypass flow requirements for diversion of “floodflows” and for temporary water rights for groundwater recharge. CSPA and a broad coalition of non-governmental organizations and Tribes attempted to reach consensus with the authors about acceptable default conditions for bypass requirements for diversions for groundwater storage. See also related discussion here and here. However, time ran out, and the bill was held in committee.
In the last two decades, CSPA has had very limited engagement in legislative advocacy. However, the two bills discussed above threatened to undermine program work that CSPA has sought to advance over 15 years before the State Water Board. Legislative efforts to change the rules threatened this work, and appear to be becoming more common. This is also the case with Proposition 45, which would eliminate state environmental review for water development projects, and which CSPA also opposes. Finally, the withdrawal of several major organizations from California water issues has created a need for additional technical support in the state legislative arena. CSPA was glad to assist with this need.