AN UNNATURAL DISASTER? PCL QUESTIONS EXEMPTION OF ENVIRONMENTAL REVIEW FOR MAJOR WATER MERGER

Last month the California Department of Water Resources (DWR) submitted a Notice of Exemption to bypass environmental review of their proposal to merge California's two largest water projects, citing "emergency conditions."

If approved by the State Water Resources Control Board (SWRCB), the exemption would allow the merger of the State Water Project and the Central Valley Project, fast-tracking the transfer of millions of gallons of water from Northern California farmers to Westside San Joaquin Valley agriculture. The exemption would also allow DWR to avoid commitments to protect Northern California and Bay Delta resources by minimizing requirements to mitigate impacts of these transfers.

This week the Planning and Conservation League (PCL) formally questioned DWR's authority to act under emergency privileges and asked the SWRCB to consider the facts in the record before approving DWR's proposal.

The California Environmental Quality Act (CEQA) allows for exemptions to environmental review when natural disasters create emergency conditions. DWR sought to invoke the emergency exemption by citing less-than-average rainfall in 2009 and water demand for the acres of recently-planted permanent crops in the San Joaquin Valley.

However, in a letter to the SWRCB, PCL noted that the emergency exemption claimed by the Schwarzenegger Administration applies only to "natural" disasters, not unfortunate circumstances arising from mismanagement. This year California received over 80% of average precipitation, well above the critical drought threshold and well within the range of conditions that should be anticipated by water managers. Our letter further posits that poor decision-making, unreasonable expectations of water, and outdated policies are the true causes of this year's emergency. PCL requested that the SWRCB should condition its approval on implementation of water use efficiency measures and other protective actions. The SWRCB will consider DWR's petition and all evidence, including PCL's letter, next Tuesday.

DVDS FROM PCL'S ANNUAL ENVIRONMENTAL SYMPOSIUM HIT THE STREETS

We're pleased to announce the release of four DVDs from the PCL and PCL Foundation's 2009 Annual Environmental Symposium. Those interested in particular sessions can purchase individual DVDs. Attorneys interested in receiving MCLE credit can purchase the set for 4.75 MCLE credits (must purchase four pack of DVDs).

The four DVDs include the following sessions:

• Opening and Closing Keynotes
  Senate President pro Tem Darrell Steinberg gives a thoughtful morning address on the economy and environment. Jakada Imani (Ella Baker Center) delivers an inspiring closing keynote on green jobs and training a new workforce.
   
• California Wildfire and CEQA
  This session addresses a wide array of issues around wildfire, including planning, the wildland urban interface, the California Environmental Quality Act, and changing the way we view our wildlands.
   
• The Brave New Water Economy: Privatization and Public Accountability
  This session provides an in-depth look at the attempts to privatize water in California with particular focus on the Kern Water Bank and how a failing water system and infrastructure lead to potential privatization by public agencies.
   
• Conservation and Land Use Agreements: Tejon Ranch Case Study
  This session focuses on the 2008 agreement reached between five conservation organizations (including PCL) and the Tejon Ranch Company to permanently preserve 240,000 acres through unique conservation agreements.

Check out our online store to buy a copy today!