The 2009 Delta Reform Act (SB7X 1; Water Code secs. 85000 et seq.) established the Delta Stewardship Council as an independent state agency. (The “independence” presumably means that the Council is not part of the Natural Resources Agency, and it is not subject to direction or control by the Brown Administration.) The Council consists of four members appointed by the Governor and confirmed by the Senate, one member appointed by the Senate Rules Committee, one by the Assembly Speaker, and the chair of the Delta Protection Commission. See below for the makeup of the Council.
The statute requires the Council to adopt a comprehensive long-term management plan for the Delta that “furthers” the coequal goals of (1) providing a more reliable water supply for California and (2) protecting, restoring and enhancing the Delta ecosystem. The Council is supposed to complete the adoption of this plan, including an EIR, by the end of 2011.
The statute identifies eight objectives that are “inherent” in the coequal goals for management of the Delta. The Council is using these statutory objectives as an organizational framework for the Delta Plan. The objectives are:
- Manage the Delta’s water and environmental resources and the water resources of the state over the long term [i.e., until 2100].
- Protect and enhance the unique values of the Delta “as an evolving place.”
- Restore the Delta ecosystem, including its fisheries and wildlife.
- Promote statewide water conservation, water use efficiency, and sustainable water use.
- Improve water quality to protect health and the environment consistent with achieving water quality objectives in the Delta.
- Improve the water conveyance system and expand statewide water storage.
- Reduce risks to people, property, and state interests in the Delta.
- Establish a new governance structure “with the authority, responsibility, accountability, scientific support, and adequate and secure funding to achieve these objectives.”
The Council issued the first staff draft of the Delta Plan on February 14. This draft is mostly a framework for discussion and development. The Council expects to issue new drafts monthly in March, April, and May. The May draft will be circulated with a draft EIR. The Council plans to issue further drafts in September and October, with a final draft in November.
Although the environmental community was sharply divided over the 2009 legislative water package, it is currently working together within the framework of the Environmental Water Caucus to provide comments on the Delta Plan. In January the Sierra Club joined with 29 other organizations in submitting comments to the Council regarding the Delta Plan and the scope of the EIR relating to the plan.
Sierra Club role. The Sierra Club should be able to support the Council’s objective to promote statewide water conservation, water use efficiency, and sustainable water use. The Club will be more wary about how the Council approaches the other objectives. It will be particularly concerned about the Council’s proposals to “improve the water conveyance system and expand statewide water storage.” The makeup of the Council suggests that it will be far more interested in expanding conveyance and storage than it is in restoring the Delta ecosystem.
The Club will also become deeply involved in whatever legislative or executive action the Council proposes to create a new governance structure that has “the authority, responsibility, accountability, scientific support, and adequate and secure funding” to achieve the statutory objectives.”
DELTA STEWARDSHIP COUNCIL’S SEVEN MEMBERS
[Note: Council members serve for four-year terms, except that two of the Governor’s four initial appointees will serve for six-year terms. All of the current members will serve until 2014, unless they resign before that time.
Four appointed by Governor Schwarzenegger and confirmed by Senate:
- Phil Isenberg, Council Chair, Sacramento council member and mayor 1971-82; Assemblymember 1982-96; chair of the Delta Blue Ribbon Vision Task Force 2007-08.
- Felicia Marcus, NRDC western director since 2008; actively involved in CalFed process as EPA regional administrator during Clinton administration.
- Hank Nordhoff, chairman and CEO of Gen-Probe since 1994 (a bio-tech company headquartered in San Diego.
- Randy Fiorini, managing partner of Fiorini Ranch in Turlock since 1975; past president and board member of Association of California Water Agencies and of California Farm Water Coalition.
One appointed by Senate Rules Committee in March 2010:
Patrick Johnston, 20-year member of Legislature from Stockton, now President and CEO of California Association of Health Plans.
One appointed by Assembly Speaker Karen Bass in March 2010:
Gloria Gray, 36-year veteran of L.A. County Departments of Human Services and Health Services, elected member of Board of Directors of West Basin Municipal Water District in southwest L.A. County, a member agency of MWD.
Chair of the Delta Protection Commission:
Don Nottoli, member of Sacramento County Board of Supervisors since 1994.
The Executive Officer of the Delta Stewardship Council staff is Joe Grindstaff, who was the Director of the CALFED Bay-Delta Program in the Schwarzenegger Administration. The Council is financed by funding from flood control and water bond acts that were passed in 2006, so it is to some extent protected from the state’s current budget problems.