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A G E N C Y
September 20, 2012
Steve Lambert, Chair
Butte County Board of Supervisors
25 County Center Drive
Oroville, California 95965
Dear Mr. Lambert
EDMUND G.BROWNJR., Governor
lONN LAIRD, Secretary for Natures! Resources
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Thank you for your letter of August 14 regarding the Bay Delta Conservation Plan (BDCP}. Although
you state in your letter that you oppose the BDCP proposal in its current form, you also recognize
that no final BDCP proposes[ has been adopted, and we appreciate your willingness to continue to
participate in BDCP as we develop a final proposal. We do not expect a final proposal to be ready
for adoption until late spring of next year.
You asked that the BDCP lead agencies develop an enforceable means to assure that certain
principles will be honored, and in particular that implementation of BDCP will neither result in
adverse impacts on water rights in the Delta watershed nor impose any obligations on upstream
water rights holders to supplement Delta flaws. Additionally, you asked that BDCP lead agencies
promote these operational principles to other agencies that have authority over water rights including
the State Water Resources Control Board (SWRCB) and the Delta Stewardship Council {DSC}.
Again, these points are reasonable, and we agree that the water rights of those upstream of the
Delta must be protected.
These principles will be reflected in the final version of the BDCP that the Department of Water
Resources (DWR}, as the primary project applicant and proponent, submits for final action to the
other state and federal agencies with decision-making responsibility over the BDCP, namely, the
Department of Fish and Game {DFG), the US Fish and Wildlife Service (USFWS), and the National
Marine Fisheries Service (NMFS}. This commitment will also be reflected in the final Environmental
Impact ReportlStatement {EIRIEIS} and related project approval documents prepared under the
California Environmental Quality Act {CE=QA} and the National Environments[ Policy Act {NEPA).
Once DWR certifies the Final EIR portion of the Final EIRIS showing no significant adverse impacts
from BDCP on upstream water rights, the existence of this certified CEQA document will emphasize
this finding to other agencies. Further, as responsible agencies under CEQA, the SWRCB and the
DSC generally must presume that the EIRIS complies with CEQA for purposes of their use as
responsible agencies unless a subsequent EIR or supplemental E1R is necessary in order to grant
their approvals. {see Pub. Resources Code, §§ 21167.2, 21167.3; Cal. Code Regs, tit. 14, § 15096,
subd. {e}.}
141d N1nth Street, Suite 1311, Sacramento, CA 45814 Ph. 916.d53.565d Fax 91d.653.8102 http://resources.ca.gov
BaldwinHiits Conservanry • California CoasmlC~mmission • California CoasmtCanservanry • Cafi(omiaCanservaoon Corps • Ca&fomioTahoeConservanry
CoachrifaYa!leyMoantainsConservanry • ColoradoRiverBaa~d ofCaGfomia • fhltaProtectionCommission • DeRaStewardshipCauncil • Departmmtof8oadng& Warenvays • DrpartmentofConsrrverion
DepartmentofFsh&Game • DepartmmtofForestry&FireAntection • Departmmtofporks&Recrea6on • DepartmentofResourcesReryckngandRecovery • DepartmentofWaterResaurces
EnergyAesourcer Conservation & DevdopmentCommissian • Native Amrriwn Heritage Commission • SacmmrntaSanJaaquin Delta Conservanry • San Diego Rivrr Cons<rvanry
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In other words, either responsible agency using our certified final EIRIS could not alter the BDCP as
submitted by DWR and approved by DFG in a manner that causes a new upstream significant effect
without first preparing a new EIR grappling with any such significant effects, which, under CEQA,
would have to be mitigated to less than signifcant levels if feasible {see Pub. Resources Code, §
21002).
While the Natural Resources Agency and the other BDCP lead agencies may promote the
operational principles inherent in the BDCP process to other state agencies, including the DSC and
the SWRCB, these other agencies have their own independent responsibilities with which they must
comply. The BDCP and its CEQAINEPA processes do not affect any independent authority granted
to other state agencies. In particular, the SWRCB has long-term ongoing statewide public trust and
water quality duties.
We share your concerns about the level of Lake Oroville. Modeling of various operating scenarios
under BDCP continues, and the impacts on Lake Oroville are being closely examined. DWR shares
your concern about the recreational, water supply, and energy impacts of excessive drawdown of
Lake Oroville to implement fish protection flows in the Delta. DWR is therefore working closely with
DFG to develop a BDCP operating scenario which would protect both native California fish species
and the important benefits of maintaining reasonable amounts of water in Lake Oroville. The results
of this work should be available far public review by the end of September.
You also requested greater involvement by the Northern Sacramento Valley public in BDCP. This is
a goad idea, and we will act on it. BDCP already meets periodically with water rights holders
upstream of the Delta to exchange ideas and share information. We also have public meetings once
every month or two in Sacramento. We recognize, though, that these meetings are not convenient
to those living in the Upper Sacramento Valley. Once we have a better developed BDCP preferred
project, we will hold a meeting for stakeholders in the Northern Sacramento Valley, at which impacts
on the region (if any} wilt be fully identified and explained.
Thank you for your patience and participation as we continue to develop the BDCP. We share your
conviction that your concerns can be worked out and we appreciate your willingness to work with us
on a plan that will benefit Northern California, as well as the state as a whole.
Sincerely,
Jo n Laird
Secretary for Natural Resources