ACWA News for Oct. 4, 2013 by ACWA

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ACWA

NEWS

Board Members Tour East Bay MUD Reservoir, Facilities

ACWA’s • Member • Newsletter

Members of ACWA’s Board of Directors get a close look at East Bay Municipal Utility District’s San Pablo Reservoir during a Sept. 26 tour of district facilities in conjunction with the Board’s Sept. 27 meeting. At left, Board members get an overview of the reservoir and its role in the district’s water supply system. Top right, Board members head to pontoon boats for a scenic tour of the reservoir. At bottom right, East Bay MUD officials provide an overview of the district’s recycling, power generation and food processing facilities. See the next issue of ACWA News for a complete recap of the tour and Sept. 27 Board meeting.

ACWA Board of Directors Unanimously Approves Statewide Water Action Plan for California In a move aimed at advancing water policy in California, the ACWA Board of Directors adopted a Statewide Water Action Plan on Sept. 27 that calls for a broad suite of actions to improve overall water supply reliability and serve as a sustainable path forward for the state. The Board voted unanimously to approve the plan after a presentation in which ACWA Executive Director Timothy Quinn outlined key elements and said the plan creates the possibility of a water community more united than ever before on statewide water issues, including the need for a Delta solution.

“This document is a very powerful statement that we need to move forward on all of these fronts to address water supply reliability and ecosystem health in California,” Quinn said. “We are a community with a history of rising to challenges. Today we are building on that with a cohesive message that provides context for a Delta solution as one element of a broader plan to secure our water future.” Developed by a broad cross-section of member water interests convened by ACWA over the past several months, the plan outlines 15 actions to improve water supply reliability, protect ACWA Board Continued on page 5

Legislators Outline Priorities for 2014 Water Bond The authors of two bills addressing the 2014 water bond outlined their proposals Sept. 24 during an informational joint hearing of the Senate Environmental Quality Committee and the Senate Natural Resources and Water Committee. The hearing, titled “Setting the Stage for a 2014 Water Bond: Where Are We and Where Do We Need To Go?” was held at the state

Capitol in front of a packed hearing room. It was the third in a series of legislative hearings on a proposed water bond. Assembly Member Anthony Rendon (D-Lakewood) provided details on his AB 1331, a $6.5 billion proposed water bond titled the Climate Change Response for Clean and Safe Drinking Water Act of 2014. Sen. Lois Wolk (D-Davis) also provided committee WAter Bond Continued on page 6

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Unusually Wet Start Followed by Record Dry Spring Makes for “Strange” Water Year

Congress Looks at a Range of Water Issues in September

Slate Announced for ACWA President, Vice President

Formal Public Review Period for Draft BDCP Opens Nov. 15

ACWA News is a publication of the Association of California Water Agencies 910 K Street, Suite 100, Sacramento, CA 95814-3512 Periodicals postage paid at Sacramento, CA. POSTMASTER: send address changes and subscription requests to ACWA News, 910 K Street, Suite 100 Sacramento, CA 95814-3514 Phone: 916.441.4545 Fax: 916.561.7124 Website: acwa.com Executive Director Timothy Quinn Deputy Executive Director for External Affairs and Operations Jennifer Persike Director of Communications Lisa Lien-Mager Communications Specialist Pamela Martineau Communications Specialist Matt Williams Graphic Designer Katherine Causland Outreach & Social Media Specialist Ellen Martin Copyright 2013. All Rights Reserved. Call ACWA for Permission to Reprint. USPS 334030 Digital Only

Questions on Classified Ads? ACWA public agency members may post job descriptions, RFPs, items for sale and other miscellaneous classified ads in ACWA News and/ or online at acwa.com. More information is at acwa.com or contact Director of Communications Lisa Lien-Mager at lisalm@acwa.com or 916.441.4545. Connect with us:

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Unusually Wet Start Followed By Record Dry Spring Makes for “Strange” Water Year The water year that ended Sept. 30 may go down as one of the strangest in recent memory. Rain inundated California in November and December of 2012, but barely a drop of water nourished the state in the early months of 2013, making the 2012-’13 water year “strange,” according to a state climatologist. “This year was strange, because in November and December, those months were 200% of average for precipitation,” said Mike Anderson, state climatologist with the Department of Water Resources (DWR). “Then things went really dry for a really long period.” Water year 2012-’13 ended Sept. 30 and posted an overall precipitation average of 73%. Despite heavy rains in November and December, January through September saw just 36% of average precipitation, resulting in the drawdown of key state reservoirs. “It (the 73% precipitation) doesn’t really tell the story because we had the driest January through May on record,” said Anderson. “It resulted in having to use storage to meet water demands and water quality requirements when natural flows just couldn’t provide for those needs…The reservoirs are really low.” According to state data, Folsom Lake is at 65% of historical average and 37% of capacity. San Luis Reservoir is at 51% of historical average and 25% of capacity, while Lake Shasta is at 68% of historical average and 42% of capacity. Overall, 46.2 inches of rain fell on California in 2012-’13. An average year is 50 inches of rain. Water year runoff was at 58%. The Sacramento River watershed was classified as “dry,” while the San Joaquin River watershed was classified as “critical.”

As of Sept. 4, the U.S. Department of Agriculture had included all but one of California’s counties (San Francisco) in its list of drought-related agricultural disaster designations. DWR’s State Water Project (SWP) allocations were at 35% of water contractors’ requested deliveries. Allocations from the federal Central Valley Project (CVP) were 20% to south of Delta agricultural contractors, 50% to Friant contractors, 70% to urban south of Delta contractors, 75% to north of Delta agricultural contractors and 100% to north of Delta urban contractors, wildlife refuges and east side contractors. Also in early September, officials with DWR advised Californians to prepare for the possibility of a dry 2013-’14. Advanced preparation can help water suppliers put measures in place — such as enhanced water conservation programs ot water transfers — to mitigate impacts. “While we hope that water year 2014 will mark a return to better water supply conditions, we must be prepared for the possibility of another dry year,” DWR Director Mark Cowin said in a press release in September. “Dry conditions are a recurring feature of California’s hydrologic cycle, and lessons learned from responses to previous dry periods have improved our ability to be ready in the future.” DWR’s last snow survey of the year on May 2 revealed that California’s snowpack water content was only 17% of normal for the date. Officials with DWR warned then that although the wet months of November and December had filled the state’s reservoirs, the historically dry January through March had taken a big toll on snowpack. Successive dry years, they warned, would create drought conditions in some areas.

Scheduled upcoming events related to dry conditions are listed below: • October 8, Palmdale – Drought • October 8, Fountain Valley – Urban preparedness training for small water drought workshop. Agenda and regissystems. Information at http://www. tration information coming at http:// calruralwater.org/product/nidis_ www.nwri-usa.org/events.htm#register workshops/?oid=808

Federal Update

Congress Examines a Range of Water-Related Issues in September House Subcommittee Looks at Hydropower Challenges The House Natural Resources Subcommittee on Water and Power held a hearing Sept. 19 that explored how red tape, federal regulations and excessive litigation combine to stymie hydropower development. Randy Livingston, vice president for power generation at Pacific Gas & Electric, testified about the obstacles: “The cost and duration of the process to relicense an existing hydroelectric project can be just as cumbersome and complex as seeking a license for a new, un-built hydroelectric project. In both cases, the cost and duration associated with licensing is typically far greater than any other established electric generation technology.” Kerry McCalman, the Obama administration’s representative from the Interior Department, agreed that the process for approving new hydropower projects was flawed, but argued that new guidelines issued by the Bureau of Reclamation concerning the issuance of Lease of Power Privileges, combined with recently passed legislation, would combine to streamline the process.

Expansion of ‘Injurious Wildlife’ Listing Considered The U.S. Fish and Wildlife Service’s proposal to add species to the Lacey Act’s list of “injurious wildlife” using a National Environmental Policy Act (NEPA) Categorical Exclusion was the subject of a Sept. 20 House hearing convened to follow up on Chairman Jon Fleming’s (R-LA) request that FWS withdraw the proposal. David Hoskin, FWS assistant director of fish and aquatic conservation, testified that the NEPA process was not the only opportunity for the public to provide comments on the listing of injurious wildlife. “The Lacey Act and the Administrative Procedure Act (APA) require that the agency explain in our rules the

basis for our determination that a species qualifies as injurious and the effect that the action is expected to have on the public. The public has the opportunity to comment on the regulatory action,” Hoskin said. An injurious listing prohibits the importation and interstate transportation of a species. Several ACWA members have concerns that this could potentially make water transfers more difficult. Other ACWA members believe this proposal will strengthen water agencies efforts to fight invasive species.

Energy Efficiency Bill Stalls The U.S. Senate spent two weeks debating an energy efficiency bill, the Energy Savings and Industrial Competiveness Act of 2013 (S 1392). The bipartisan legislation co-sponsored by Sen. Jeanne Shaheen (D-NH) and Rob Portman (R-OH) includes initiatives to improve the energy efficiency of federal buildings, increase manufacturing efficiency and promote energy efficient technology. The legislation got bogged down when Sen. David Vitter (R-LA) attempted to force lawmakers and aides to purchase health care through the new exchange system that’s part of federal health-care reform. Democrats would only allow a vote if it was the Republicans’ only nongermane amendment offered to S 1392. In the end, the two parties couldn’t come to an agreement and the bill was tabled. Several water/energy nexus amendments were being prepared if the bill had moved forward. It remains to be seen if the bill will return to the Senate floor later this year.

Draft Rule Likely to Expand Clean Water Act The Environmental Protection Agency and the U.S. Army Corps of Engineers have announced a joint proposed rule to clarify which streams, wetlands and

other waters are “waters of the U.S.” and subject to jurisdiction under the federal Clean Water Act (CWA). The agencies have withdrawn guidance on the issue and sent the proposed rule to the Office of Management and Budget but have not released it to the public. At the same time, in support of the proposed rule, EPA released a draft science report titled “Connectivity of Streams and Wetlands to Downstream Water: A Review and Synthesis of the Scientific Evidence.” Of importance to ACWA members and other western water users, one focus of the draft study is the influence of “ephemeral” and “intermittent” streams on downstream rivers, lakes, estuaries and oceans. The draft study’s initial conclusions imply that the agencies’ proposed rule is likely to expand the scope of CWA jurisdiction. The EPA will accept public comment of the draft study until Nov. 6 and a public meeting will be held Dec. 16-18, 2013, in Washington, DC.

Water Resources Bill Passes House Committee The House Committee on Transportation and Infrastructure voted unanimously on Sept. 18 to send H.R. 3080, the Water Resources Reform and Development Act (WRRDA), to the House floor. The bill includes provisions that would speed up the environmental review process for Army Corps projects, increase the amount of money spent from the Harbor Maintenance Trust Fund, increase Congressional oversight over activities proposed by the Army Corps, and deauthorize $12 billion dollars in proposed Army Corps projects. The bill also included an amendment that would enable Congress and the Secretary of the Army “to urge states to reach agreements [concerning water rights] through interstate compacts.”

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State RElations

Nominating Committee Issues Slate for ACWA President, Vice President

John Coleman

Elections for ACWA president and vice president for the 2014-’15 term are set for Dec. 4 at ACWA’s 2013 Fall Conference & Exhibition in Los Angeles.

The ACWA Nominating Committee has announced a slate that recommends current Peer Swan Vice President John Coleman for ACWA president and current Region 10 Vice Chair Peer Swan for ACWA vice president. “ACWA has a good slate of candidates for president and vice president who will lead our organization well,” said Paul Kelley, chair of the Nominating Com-

mittee. “Many thanks to the Nominating Committee members for their dedication and hard work.” The vote will take place during the general session immediately following the luncheon program. The session is expected to begin at 1:30 p.m. Nominations from the floor will be accepted prior to the vote. Nominations must be supported by a resolution from the board of directors of the agency offering the nomination.

About the Nominees John Coleman has served on the East Bay Municipal Utility District Board of Directors since 1990. He was president of the EBMUD board from 1996 to 2000 and served as vice president in 2009 and 2010. He was elected vice president of ACWA in December 2011 after serving a two-year term as chair of the Federal

Affairs Committee. He is a past president of the board of the California Association of Sanitation Agencies and currently chairs the Upper Mokelumne River Watershed Authority and the Freeport Regional Water Authority. Peer Swan has served on the Irvine Ranch Water District Board of Directors since 1979. After serving a term as vice president of the IRWD board, he was elected president in 1981 and served in that capacity until December 1995 and again in 2006. He has represented Region 10 on the ACWA Board for several terms and also has been active in the California Association of Sanitation Agencies. He is a member of the Water Advisory Committee of Orange County, president of the San Joaquin Wildlife Sanctuary, and a member of the steering committee of the Southern California Water Dialog Committee.

Study: Water Agencies Pay More Than Cost of Service for Electricity Water agencies and other nonresidential customers are paying significantly more for electricity than the total cost of their service, even water agencies that contribute energy back to the grid through solar, wind, digester gas, hydroelectric, and other onsite renewable energy projects, according to a study prepared for the California Public Utilities Commission (CPUC). The draft cost analysis found that nonresidential NEM (Net Energy Metered) customers served by California’s three largest investor-owned utilities are paying from 106% to 128% their full cost of service. Conversely, NEM residential customers with distributed generation systems tend to pay less than the full cost of service. The data was aggregated from 150,000 NEM customers of Pacific Gas & Electric, and San Diego Gas & Electric, and Southern California Edison. California initiated the report to answer the question of which customers benefit from and who bears the economic burden 4 • ACWA NEWS

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of the state’s Net Energy Metering (NEM) program, an electricity tariff designed to facilitate the deployment of onsite, renewable “distributed generation.” Under NEM, customers get a credit on their utility bill when they generate energy in excess of their consumed load that’s delivered back into the grid. In recent years some utilities have questioned whether NEM customers are paying their fair share, and a few utilities have proposed extra charges and fees on NEM ratepayers. Some ACWA members say the prospect of additional fees has hurt the economic feasibility of investing in photovoltaic and wind projects located at their facilities.

The new data from CPUC appears to show that extra rate charges are unnecessary because water agencies and other nonresidential customers are paying more than their share. CPUC is expected to consider the NEM cost service of data as it considers future rate structures and designs.

“Continuing to make net metering available on the most positive terms possible for water agencies will be crucial to management of multiple types of generation located at one site,” said ACWA Energy Committee Chair Martha Davis, executive manager for policy development at Inland Empire Utilities Agency.

“This should make water agencies a little more comfortable investing in renewable projects. They are less likely to have future rate changes that will dramatically change the economics of these projects,” said Lon House, a water and energy consultant for ACWA’s Energy Committee.

ACWA Board

Formal Public Review Period for Draft BDCP to Begin Nov. 15 State officials announced Sept. 27 that a public review draft of the Bay Delta Conservation Plan (BDCP) and its accompanying environmental documents will be made available Nov. 15 for 120 days of formal review.

Bay Delta Conservation Plan (BDCP) and the Consultant Administrative Draft Environmental Impact Report/Environmental Impact Statement (EIR/EIS) for preliminary review and discussion by the public and others.

During the formal public review period, which will run from Nov. 15 to March 17, 2014, members of the public and other interested parties may access copies of the document online, in repositories throughout the state, and request copies for review. The state and federal lead agencies on the project also will hold a series of public meetings during January 2014 and February 2014 to provide information about the project and accept formal comments.

Over the past several months, federal and state lead agencies and consultants have been reviewing and revising those administrative drafts.

In March of this year, the state began releasing the Administrative Draft of the

Formal written comments on the Public Review Draft BDCP and EIR/ EIS will be accepted during the official comment period starting Nov. 15 and will be considered in the development of the Final EIR/EIS. Details on how to provide comments will be available in November. On Sept. 20, California Secretary of Natural Resources John Laird notified federal officials that the public review period

for the draft BDCP documents would begin Nov. 15 as opposed to an earlier anticipated start date of Oct. 1. Laird wrote that the “hundreds of important changes” made to the project over the past four months necessitated a delay in the formal release of the draft EIR and EIS. In August, state officials unveiled a smaller BDCP that shrinks by 50% the project’s total permanent footprint and shifts portions of the project away from some homes and farms. The smaller project shortens by five miles the two main water conveyance tunnels that would run under the Sacramento-San Joaquin Delta, reducing them from 35 miles to 30 miles. It also shifts a segment of the proposed twin tunnels east, away from some farms and homes, moving it to land owned by The Nature Conservancy on Staten Island.

ACWA Board Continued from page 1

water rights, protect the integrity of the state’s water system and promote better stewardship. It also includes guiding principles for implementation to help ensure actions benefit the entire state, respect water rights and contract terms and reflect a new regulatory approach that can better meet the needs of California water users and ecosystems. ACWA consulted with state agencies, including the Department of Water Resources, during the development of the plan. ACWA is submitting the Statewide Water Action Plan to the Brown Administration as the water community’s recommendations for the Administration’s statewide plan. Prior to the Board’s vote, ACWA President Randy Record called the plan and the five-month effort to develop it the “epitome of what ACWA does.” “We took the opportunity to do what ACWA is about – creating a venue that allows for honest, productive discussion among the wide variety of stakeholders

within California,” Record said. “In my view, ACWA is the only place where that kind of discussion can take place.” ACWA Vice President John Coleman said the Board’s support for the plan shows agreement on the need for comprehensive solutions. “This demonstrates there is strong north-south support for a statewide plan that puts a Delta solution alongside equally important investments with statewide benefits,” Coleman said. “Historically, progress is made when we come together to articulate a broader vision that is in the interest of the entire state.” Quinn said the Statewide Water Action Plan builds on past water community successes, including ACWA’s 2005 Blueprint and policy principles on Delta conveyance adopted by the ACWA Board in 2007. He called the plan a member-driven activity that reflects broad recognition that priorities such as storage must be advanced to make conveyance solutions work. Much work remains to be done, however. “This is really the beginning of

something, not the end of something,” Quinn said. The plan calls for the state to move ahead on vital actions with statewide benefits such as storage, water rights protection, and a plan to avoid “dead pool” conditions at key reservoirs. It calls for completion of a Bay Delta Conservation Plan as part of a broader set of actions, improved regional self-reliance, more effective management of headwaters, actions to protect water quality, support for water transfers, and modifications to the 2014 water bond to fund broad public benefits associated with investments identified in the Statewide Water Action Plan. The plan will be distributed to ACWA member agencies in the coming weeks. In addition, the plan will be discussed at upcoming region events and a special Town Hall set for Dec. 4 at the ACWA 2013 Fall Conference & Exhibition in Los Angeles. Please see the Oct. 18 issue of ACWA News for a complete recap of the Sept. 27 ACWA Board meeting, including action on the association’s 2014 budget. October 4, 2013 • 5

REgion News

Region 5 Tackles Water Reliability Issues on the Central Coast ACWA members gathered in Carmel on Sept. 22 and 23 for Region 5’s annual fall program. This year’s program theme was “Water Reliability: An Environmental Balancing Act.” On Sept. 22, attendees learned how climate, soil drainage and aquifer preservation affect the wine growing and making process during a tour of Chateau Julien Wine Estate. On Sept. 23, the program continued at the Carmel Sunset Center, where attendees heard from industry experts about groundwater replenishment, conservation, seawater intrusion and regional desalination. More information about the two-day program is available at www.acwa.com.

Water Bond Continued from page 1

members with details of her SB 42, which proposes a $6.475 billion water bond that is titled the Safe Drinking Water, Water Quality and Flood Protection Act of 2014. Both measures seek to replace an $11.14 billion water bond currently slated for the 2014 ballot. The authors of the proposals said the current $11.14 billion bond is too large and would fail to garner a majority of voters’ support. They said voters are more likely to support a smaller bond that is stripped of earmarked projects, but stressed the importance of passing a bond to upgrade the state’s ailing water infrastructure. “Today, California stands at a precipice, facing a water crisis and climate change is the driver…,” said Rendon. “In the coming decades, Californians will need to invest billions in water infrastructure.” Wolk stressed that her proposal contains no earmarks and contains provisions that “address concerns raised by the Delta community.” She also called her bond “realistic.” Rendon said that his measure also contains no earmarks and focuses on Integrated Regional Water Management (IRWM) and reduced reliance on the Delta among other priorities. Rendon’s bill arose from an Assembly water bond working group. The bill would fund clean and safe drinking water projects; protection of rivers, lakes, streams and watersheds; climate change preparedness for regional water security (integrated regional water management); and water storage for climate change.

Top: “Securing a Water Supply” panelists: Keith Israel, general manager, Monterey Regional Water Pollution Control Agency; Toby Goddard, conservation manager, City of Santa Cruz Water Department; Kim Adamson, general manager, Soquel Creek Water District. Bottom: Central Coast Regional Water Quality Control Board Executive Officer Ken Harris kicks off the Sept. 23 program.

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billion in order to be successful. She said she believed that if lawmakers worked “collaboratively” they could come up with a proposal to place before voters. Dozens of stakeholders spoke to the members of the committees during the public comment period of the hearing and stressed areas of funding they would like to see increased or decreased. ACWA Deputy Executive Director for Government Relations Cindy Tuck stressed to committee members that any bond placed before voters should reflect the coequal goals of improved water supply reliability statewide and ecosystem restoration in the Delta that the Legislature established in state law in its landmark water package of 2009. “There was a recognition that having water supply reliability is not just for people, business and agriculture, it’s also for the environment,” Tuck said. ACWA is advancing an $8.2 billion bond proposal that prioritizes funding for water storage projects and Delta ecosystem restoration and includes dollars for disadvantaged communities, local resources development and funding for water recycling / conservation and groundwater cleanup.

AB 1331 and SB 42 are currently in the Senate Natural Resources and Water Committee.

Danny Curtin, director of the California Conference of Carpenters and a member of the California Water Commission, urged legislators to “focus on the ACWA proposal” and keep it as the “core” of any future bond.

Sen. Fran Pavley, chair of the Senate Natural Resources and Water Committee, said she believed the current bond needed to be downsized from $11.14

More on ACWA’s position is available at http://www.acwa.com/content/ frequently-asked-questions-about-acwaand-2014-water-bond.

Wolk’s SB 42 would fund similar programs.

newswatch

UCLA Gives Prescription for California’s ‘Dysfunctional’ Groundwater Law A policy brief released in September by UCLA School of Law’s Emmett Center on Climate Change and the Environment recommends several reforms for California’s “dysfunctional” groundwater regulations. Report author M. Rhead Enion, UCLA’s 2010-’13 Emmett/Frankel Fellow in Environmental Law and Policy, noted that many of California’s problems stem from the fact that unlike in other Western states, California does not have a statewide regulatory regime for groundwater, and what the state does have isn’t integrated with surface water management. Consequently, water rights holders in California have leaned heavily upon the legal system to deal with groundwater disputes. “Judicial adjudications are hardly a model of water management efficiency, but California legislators have shown little inclination to impose comprehensive state groundwater management. These recommendations attempt to make groundwater adjudication more legally and economically efficient while still protecting groundwater as an important public resource.” Enion said. Specific recommendations include establishing a specialized water court in California to handle all water litigation, using transferable entitlement and

allocation shares in adjudicated basins to boost efficiency, and providing more flexibility for the watermaster to regulate groundwater production and storage. Among other recommendations, the brief calls for required groundwater storage licenses, periodic retirement of unused allocations, entitlement shares for a groundwater basin. According to the report, called “Allocating Under Water: Reforming California’s Groundwater Adjudications,” the overarching goal of the recommendations is “to make it easier to exchange water entitlements and water allocations.”

PRITZKER BRIEFS Pritzker Environmental Law and Policy Briefs POLICY BRIEF NO. 4 | September 2013

Allocating Under Water: Reforming California’s Groundwater Adjudications By M. Rhead Enion Executive Summary Overdraft of groundwater basins threatens the reliability of California’s future water supply. California leads the nation in groundwater extraction.1 On an average year, groundwater makes up thirty percent of California’s total water supply.2 Cities throughout the Central Valley, including Fresno, rely exclusively on groundwater.3

M. Rhead Enion was the Emmett/ Frankel Fellow in Environmental Law and Policy at UCLA Law School for 2010-2013. He is grateful to all who reviewed and provided input on earlier drafts of the paper. He would like to thank Cara Horowitz, Andy Sawyer, Harrison “Hap” Dunning and Madelyn Glickfeld for providing invaluable comments on earlier drafts. He would also like to thank Brian Daly for his assistance in researching this topic.

At the same time, California’s dysfunctional water law has made regulation of groundwater use difficult. Each overlying landowner has the right to share in that scarce resource for a given groundwater basin in California. More so than with surface water, it is difficult for the right holders to self-regulate groundwater use. Withdrawals from the basin occur out-ofview, and underground water levels are typically unseen and unknown. This mix of easy public access; limited oversight; and gradual, unseen consequences sets up a classic tragedy of the commons. California, unlike other western states, lacks a statewide groundwater regulatory regime. Other states, such as Colorado and Arizona, have statewide groundwater management regulations or permit groundwater just as they permit surface water appropriation.4 Most western states, but not California, have moved to integrate groundwater and surface water management.5 Yet, for antiquated reasons, California law has

long artificially distinguished groundwater from surface water rights, permitting and regulating the latter but not the former. Absent state regulation and permitting of groundwater rights, the main recourse for disputes over the use of that groundwater in California has been with the courts. Groundwater users in southern California turned to litigation when faced with serious overdraft and potential destruction of groundwater resources. In twenty-two instances to date, litigation over groundwater has resulted in court adjudication of a groundwater basin. These groundwater adjudications have been informed by California’s unrealistic distinctions between surface and groundwater rights. Either for strategic reasons or for lack of perceived legal authority, groundwater adjudications tend to ignore interconnected surface water users. While perhaps the best of a poor set of alternatives, judicial adjudications of groundwater in southern California are hardly a model of water management efficiency. Court adjudications of groundwater basins in California have been time-consuming (some lasting decades) and resourceintensive. The settlement agreements that result are sometimes overly protective of the property interests of a few large water users in the area and do not typically impose aggressive measures to protect the basins

Pritzker Brief No. 4 | September 2013

2012-’13 Summary of Appellate Court Cases Now Available on ACWA’s Website ACWA’s summary book of 2012’13 appellate court cases and decisions is now available for purchase at acwa. com.

The sixth-annual guide, prepared by ACWA Legal Affairs Committee mem-

bers and other attorneys from the water community, summarizes and discusses cases that may be of interest to ACWA member agencies and their legal counsel. The 77-page booklet discusses cases on an array of topics, including the Endangered Species Act, water rights, land use and water supply, fees and rates, government transparency and employment.

Vista Nets Honors for Transparency Effort Vista Irrigation District (VID) recently took home two prestigious awards for is transparent reporting of financial data. For the sixth consecutive year, VID was presented with the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). According to VID, the certificate is the only national award for public-sector financial reporting and demonstrates significant achievement by a government agency and its management team. The district also recently received its third District of Distinction award and Transparency Certificate of Excellence at the California Special Districts Association’s annual conference. Board Directors Jo MacKenzie and Richard Vasquez and VID general manager Roy Coox were on hand to accept the awards. Only 25 special districts in California have received the Certificate of Excellence, which requires a district to meet numerous criteria, including training elected officials and staff, adopting financial policies, properly conducting and communicating open and public meetings, performing outreach efforts to constituents, and meeting 15 different website requirements. The California Special Districts Association also recognized VID with the 2013 Innovative Program of the Year award for VID’s Workforce Planning and Career Development Program, which links workforce planning with career development.

For ordering information, please go to acwa.com/catalog. October 4, 2013 • 7

Newswatch

Open Government Website Highlights District’s Transparency Municipal Water District of Orange County (MWDOC) recently launched a new Open Government section on its website enabling the public to quickly and easily find information regarding the district’s finances, administrative policies and compensation practices. For several years MWDOC has been posting budget documents, board meeting notices and agendas, and other documents required by the Brown Act, to the district’s website at www.mwdoc.com. More recently, the Board of Directors’ compensation, the general manager’s contract, and employee pay structure were also added to the MWDOC website.

The new Open Government site goes beyond current requirements by including up-to-date consultant and vendor lists, lobbyists, annual audit reports, ethics compliance certificates, links to Orange County Grand Jury reports and much more. Many of these documents were previously available to the public only through a California Public Records Act Request or subpoena. “The new Open Government site is a reflection of the MWDOC Board’s continued commitment to operating in a fiscally prudent, responsible, and transparent manner. We welcome members of the public and the media to utilize

the site and provide us with feedback on how we can best serve their needs in the future,” Board Vice President Jeffery M. Thomas said. MWDOC is one of many ACWA member agencies that are highlighting their commitment to transparency by posting board meeting information, salary information, budget and financial documents and other public information in an easy-to-find location on their websites. For more information about how water districts are embracing transparency, visit acwa.com and click on “Local District Transparency.”

Helix Builds New Water Tank in El Cajon to Boost Storage, Fire Protection A new water tank in Helix Water District’s service area is improving storage capacity and fire protection in the community of El Cajon. The new and expanded Homelands Tank stores as many as 800,000 gallons of treated water in a rectangular structure made of reinforced concrete. The original tank, built in 1948, was circular and considerably smaller. It was demolished in 2012 and construction quickly began on the new tank finished in June. The new $2 million facility sits on a hillside off of Greenfield Drive in El Cajon. The water district says the new complex has solar-powered instrumen-

tation, access road improvements and perimeter security fencing. Helix board members, current and retired staff and project contractors gathered Sept. 13 at the Homeland Tank to celebrate its completion and get a tour. Helix Board President Charles W. Muse and Director of Engineering Jim Tomasulo gave remarks marking the occasion. “It takes courage and foresight on the part of any board to dedicate funding to a large capital project, particularly in challenging economic times,” Tomasulo said. “But this Helix board, in the tradition of Helix boards before them, has done so repeatedly, understanding that

ACWA Welcomes New Public Agency Member On Sept. 27 the ACWA Board of Directors ratified the City of San Juan Capistrano as a new member in the association. Located in ACWA Region 10 in Orange County south of Laguna Beach, San Juan Capistrano is perhaps best known for its historic Spanish mission, where the two-month-long Fiesta de las Golondrinas celebrates the return of the Cliff Swallows to the region each year.

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The city, which is home to about 35,000 people, has about 11,000 water service accounts. San Juan Capistrano gets its water supply from Metropolitan Water District of Southern California and local groundwater treated at the city’s facilities. ACWA extends a warm welcome to our newest member agency.

delays in infrastructure replacement cost the district much more over time.”

Welcome New Public Agency Members City of San Juan Capistrano For membership information, please contact Melanie Medina in the ACWA / Meetings & Membership Department at 916.441.4545; melaniem@acwa.com; or visit www.acwa.com.

Newswatch

ACWA 2013 Fall Conference Program Sessions Take Shape When California’s water community comes together at L.A. Live on Dec. 3-6 for ACWA’s 2013 Fall Conference & Exhibition, there will be more than 90 programs, issue forums and town hall meetings to choose from. Here are a few sessions on the schedule that are sure to spark lively discussion:

Wednesday, Dec. 4 #FrackingRegs411: Groundwater California is working to draft regulations on fracking and other methods of “well stimulation,” addressing risks to groundwater contamination and supply impacts. How should water agencies position themselves with regard to the developing well stimulation regulations? What might be the real risks to groundwater, and how can the water community help the state address these risks in the new regulations? Water Agency Transparency in the Digital Age: #WhatAreYouDoing? Public water agencies serve millions of Californians every day without generating headlines or controversy. But that

doesn’t guarantee the public is aware of the services they provide and the important role they play in delivering local services to communities. Get expert advice on what you can do to reinforce transparency and counter the perception of “flying under the radar.”

Thursday, Dec. 5 Are We Destined for Drought in 2014? Water stored in reservoirs and groundwater basins helped minimize impacts for the past two years, but a dry 2014 could be a different story. Find out what urban and agricultural water users are doing to prepare for a possible third dry year and hear how state officials are using lessons learned from past dry periods to improve our response to future droughts.

Infrastructure Finance and Innovation Authority, the President’s proposal to cap tax exemption, and potential new funding that could stem from California’s Greenhouse Gas Reduction Fund. Register online to attend and read more about the many exciting programs on tap in the conference preview booklet now available online at acwa.com. ACWA 2013 FALL CONFERENCE & EXHIBITION

#ALLIN

for California Water December 3-6, 2013 | JW Marriott L.A. Live

Funding Front Updates, New Development in Bond, Loan & Grant Funding Finding low-cost funding is critical to getting projects built. Come and hear from finance experts and practitioners for updates on the capital markets, the Water

PPIC Survey: More Than Half of Californians Believe Water Supply Will be Inadequate in 10 Years; Mixed Views on Strategies More than half of surveyed California residents (53%) believe that the water supply for their part of the state will be somewhat or very inadequate in 10 years, according to a poll conducted in early September by the Public Policy Institute of California (PPIC). The poll found mixed views among Californians on water policy. About half (49%) say the state should focus on conservation, user allocation, and other strategies to manage water more efficiently, while 45% say officials need to build new water storage systems. As for funding water and infrastructure projects, about half (48%) prefer that the state issue bonds,

25% say user fees and charges should be increased, and 13% say taxes for all Californians should be raised. When asked whether they would support a proposed $6.5 billion bond measure to fund water projects, 55% of adults and 50% of likely voters said they would vote yes. Residents also were queried on hydraulic fracturing, or fracking. Some 53% of Californians oppose the increased use of fracking in the state, while 32% favor increasing the practice. Support for stricter state regulation of fracking has increased slightly since a survey in July when 50% of adults (and 56% of likely voters) said

they support stricter regulation. Today, 56% of those queried (61% likely voters) said they would support increased regulation. When asked specifically about two components of the fracking bill SB4 — which requires oil companies to obtain permits and disclose information on chemicals used in oil extraction techniques — 80% adults, or 87% likely voters said they are in favor of increased disclosure. The bill, SB4, passed and was signed by the governor. The full PPIC poll, titled “Californians and their Government” covers a broad range of state issues including views on prison overcrowding.

October 4, 2013 • 9

People News

Public Member Agencies California Department of Water Resources Gov. Jerry Brown’s office on Sept. 18 announced the appointment of Laura King Moon, former assistant general manager at the State Water Contractors, as chief deputy director at the California Department of Water Resources (DWR).

management team as the district’s new engineering and operations manager. Tat is a California Licensed Civil Engineer with more than 23 years of professional experience. His public agency leadership experience includes managing a number of projects for the Metropolitan Water District of Southern California (MWD).

Moon, of Woodland, has been a project manager at DWR for the Bay Delta Conservation Plan since 2011. From 2000 to 2011 she served as assistant general manager at the State Water Contractors and from 1997 to 1999 she was director of strategic planning at the San Luis and Delta-Mendota Water Authority.

Prior to his selection as Central Basin’s engineering and operations manager, Tat served as a project manager responsible for overseeing MWD Capital Improvement Program projects. Additionally, under his role as the Technical Control Team senior engineer, he managed MWD’s Civil Engineering Design Section and Quality Assurance and Quality Control Program. Tat also formed part of the MWD Hydraulic Design Team, in which he was responsible for managing project drawings, and producing contract plans and specifications for pipeline relocations, service connections and capital improvement projects.

Moon was special assistant to the regional director at the U.S. Bureau of Reclamation from 1996 to 1997 and an environmental affairs officer at the East Bay Municipal Water District from 1994 to 1995. Moon was senior staff scientist at the Natural Resources Defense Council from 1977 to 1994. She holds a Master of Science degree in energy and resources from the University of California, Berkeley. The position does not require Senate confirmation.

Tat holds a bachelor’s degree in engineering from California State University, Los Angeles. He is also certified as a California Water Distribution and Treatment Operator.

OFFICE SPACE FOR LEASE

Central Basin Municipal Water District Jonathan Tat has joined Central Basin Municipal Water District’s senior

Municipal Water District of Orange County Robert Hunter, a respected figure in the national water community, started work Sept. 9 as the new general manager

Move-in ready office space. One block from the State Capitol.

SUITE 300 ±2,200 Rentable SF SUITE 350 ±1,850 Rentable SF $1.65 RSF,Capital FSG(910 K St.). Two suites available inRATE Sacramento, one block fromper the State

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services Beautiful historic building Wired for alarm service 2/1000 Vol. 41 on-site | Digital parking

For more information, contact Mark Tabak: 916.288.4818 or mark.tabak@cushwake.com

P P P 10 • ACWA NEWS

full fee to procurring broker

of the Municipal Water District of Orange County (MWDOC). He is the seventh GM in the district’s 61-year history. Hunter formerly was the general manager and commissioner of Atlanta’s water utility. Prior to joining MWDOC, he was vice president in the utility management consulting practice of MWH Americas, a global firm specializing in wet infrastructure. Other consulting positions during his career have included work on water resource assessments and plans, Federal Energy Regulatory Commission hydroelectric relicensing, U.S. Environmental Protection Agency environmental impact statements, endangered species biological assessments, groundwater assessments and contract negotiations. Hunter received his MBA from Georgia State University, a master’s degree in environmental science from Georgia Institute of Technology, and his bachelor’s degree from the University of Notre Dame. 910 K STREET SACRAMENTO, He has served on the boards orCALIFORNIA committees of a number of national utility organizations, including the Association of Metropolitan Water Agencies, TWO SUITES AVAILABLE the Water Research Foundation, Water for People, the National Association of Clean Water Agencies, and the American Water Works Association. Hunter is a recipient of U.S. EPA’s Water Efficiency Leader Award.

CALENDAR October

29th Biennial Groundwater Conference & Groundwater Resources Association Annual Meeting is Oct. 8 – 9 in Sacramento. For more information visit www.grac.com.

16 – 18

Water Education Foundation will host a 3-day Northern California Tour traveling the length of the Sacramento Valley on Oct. 16 – 18. Stops include Oroville and Shasta dams, Red Bluff Fish Passage Improvement Project, Feather River Fish Hatchery, Clear Creek restoration site, GCID’s fish screen and Delevan Wildlife Refuge. For more information go to http://www.watereducation.org/toursdetail. asp?id=841&parentID=821.

4th Annual California Water Series is Thursday, Oct. 17, at McConnell Foundation’s Lema Ranch, Redding. This educational forum will discuss the Bay Delta Conservation Plan and Northern California water. For more information contact ACWA Regional Affairs Representative Marcia Wulff at marciaw@acwa.com

ACWA Region 10 will host a program in Orange County on Thursday, Oct. 17. Registration is available online on at acwa.com. For more information contact Regional Affairs Representative Marcia Wulff at marciaw@acwa.com.

ACWA Region 3 / Mountain Counties Water Resources Association will hold a joint meeting Friday, Oct. 18, at The Ridge Golf Club and Events Center, Auburn. For more information visit www. mountaincountieswater.com or contact Executive Director John Kingsbury at johnkingsbury.mcwra@ gmail.com. ACWA Regions 2 & 4 will host a Regional Water Forum & Bike Tour Oct. 24 – 25. Registration will be available online Sept. 6 at www.acwa.com. For more information contact ACWA Regional Affairs Representatives Marcia Wulff at marciaw@acwa.com or Katie Dahl at katied@acwa.com.

3 – 6

Water Education Foundation’s San Joaquin River Restoration Tour is Nov. 7 – 8. The tour includes stops at Friant Dam, Interim San Joaquin River Salmon Conservation and Research Facility, Chowchilla Bifurcation and Canal, Mendota Pool, Sack Dam, Sand Slough Control Structure, and the Merced National Wildlife Refuge. For more information go to http://www.watereducation.org/toursdetail. asp?id=845&parentID=821.

ACWA’s 2013 Fall Conference & Exhibition is Dec. 3 – 6 at the JW Marriott LA Live, Los Angeles. Registration deadline is Nov. 8. For more information contact ACWA’s Member Services and Events Department at events@acwa.com or 916.441.4545.

2014 February 3 – 6

March 14

November 7 – 8

Other Events

December

8 – 9

24 – 25

ACWA Events

May

6 – 9

ACWA’s 2014 Washington D.C. Conference is Feb. 25 – 27 at the Liaison Capitol Hill, Washington, D.C. For more information contact ACWA’s Member Services and Events Department at events@acwa.com or 916.441.4545.

ACWA Region 3 / Mountain Counties Water Resources Association will hold a joint meeting Friday, March 14 at the El Dorado Irrigation District, Placerville. For more information visit http://mountaincountieswater.com/ meeting-schedule/upcoming-meetings/ or contact Executive Director John Kingsbury at johnkingsbury.mcwra@gmail.com.

ACWA’s 2014 Spring Conference & Exhibition is May 6 – 9 at the Portola and Marriott Hotels, Monterey. For more information contact ACWA’s Member Services and Events Department at events@acwa.com or 916.441.4545.

October 4, 2013 • 11

classifieds

Positions Open ILRP Program Manager Provost & Pritchard Consulting Group The Kern River Watershed Coalition Authority (“KRWCA”), in partnership with the Kern County Farm Bureau (“KCFB”), is seeking a highly motivated and organized individual to fill the position of Program Manager. Under direction of the KRWCA Board of Directors, this position is responsible for representing over one million acres of irrigated agriculture within Kern and portions of Kings and Tulare Counties on numerous aspects of water quality regulatory compliance. This position will provide a variety of administrative, regulatory, policy, technical, and outreach functions to support grower implementation of the Irrigated Lands Regulatory Program (ILRP) and other water quality policies which may be adopted by the Regional Water Quality Control Board, and water quality programs and outreach efforts of the KRWCA. Essential job duties and responsibilities: A. Under direction of the Board of Directors, to provide leadership and direction to growers within the KRWCA to ensure all necessary administrative actions required for compliance with the ILRP are achieved; acts on behalf of the Board of Directors as directed and to perform other duties as required. B. Provides day-to-day coordination for and professional assistance to the KRWCA and its members/growers on issues related to compliance with the ILRP. Responsible for environmental and regulatory compliance pertaining to the Regional Water Quality Control Board (“RWQCB”) actions and orders. C. Provides oversight and assistance with the coordination and preparation of various memoranda, agricultural and property related reports, specifications and publications as needed for RWQCB compliance. D. Develops budgets and integrated financial plans, as directed. E. Represents the KRWCA with regulatory groups and business organizations; participates in community and professional groups and committees; acts as KRWCA liaison on various inter-agency coordination projects.

Association of California Water Agencies 910 K Street, Suite 100 Sacramento, CA 95814-3577

Periodicals Postage Paid at Sacramento, CA

Time Valued Material

F. Provides advice and consultation on the development of KRWCA services, functions, and policies. G. Communicates and provides feedback to KRWCA staff to assure direction and work products meet KRWCA mission and vision. H. Assists in the development and management of various programs under the Board of Directors responsibility. I. Maintain excellent public relations through communication with other employees, landowners, and the general public. Requirements: Bachelor’s degree with background in agribusiness, hydrology, and/ or regulatory compliance is preferred; or professional registration/certification in a related field. Five years of increasingly responsible experience in a municipality, special district or technical trade requiring regulatory compliance and reporting. This position requires detail orientation, exceptional communication (oral and written) skills, time management and proficiency in Word/Excel/Outlook as well as GIS and Database experience. Salary $100 – $125K per year DOE. Excellent Benefit Package. EOE Contact: Kim Hansen, HR Manager, (559) 449-2700 Send resume to: hr@ppeng.com

Water Transfer Request for Information Los Angeles Department of Water and Power (LADWP) The City of Los Angeles Department of Water and Power (LADWP) is exploring the potential for developing water transfers to replace a portion of Los Angeles Aqueduct

water used for environmental enhancements in the eastern Sierra Nevada. Interested parties are invited to respond to LADWP’s Water Transfer Request for Information (RFI) issued to solicit information regarding water supplies available for transfers including associated water rights and entitlements, potential recovery and delivery limitations, location(s) of delivery, water quality and other information. The Metropolitan Water District of Southern California (MWD) holds an exclusive contractual right to deliver State Water Project (SWP) entitlement water into its service territory, which includes the City of Los Angeles. Therefore, only non-SWP supplies will be considered by LADWP. LADWP seeks a partnership with one or more entities to develop and implement a water transfer in mid-2014 whereby nonSWP water is delivered either directly or by exchange into LADWP’s service area. LADWP’s desired quantity to be transferred is up to 40,000 acre-feet annually and may be obtained from a single supply or a combination of several supplies. The selection of suppliers and supplies will be at the discretion of LADWP. The City of Los Angeles employs an online Business Assistance Virtual Network (BAVN) system for posting its bidding and other business opportunities. Interested parties must have a registered BAVN account in order to access and download the Water Transfer RFI and associated documents. Registration is easy and free. Please log on to BAVN at http://labavn.org. All proposal submittals are due no later than 2:00 p.m. on November 7, 2013. Any questions related to this advertisement should be submitted via electronic mail to LADWP’s Utility Buyer, Heather Tarumoto, at heather.tarumoto@ladwp.com.