Monday, September 29, 2003
CA: Governor Davis Signs Unprecedented
Water Legislation that Implements Historic Accord
Legislation significantly enhances California's water flow, brings peace to the Colorado River Parties
Source: California Governor Gray Davis
"This landmark legislation implements that agreement and promotes conservation, stability, reliable water for southern California and restoration of the Salton Sea," Gov. Davis said about the agreement reached by the four water districts that share water from the Colorado. "These were my goals when my Administration kick-started the negotiations to resolve differences over allocations of water from the Colorado River in January. I am thrilled to finally see the realization of these goals after years of hard work by all the parties involved."
Negotiations over the water sharing accord have been a veritable roller-coaster since they fell apart on Dec. 31, 2002. Failure to reach that accord cost California the immediate loss of some 800,000 acre-feet each year, enough water to supply the annual needs of close to 2 million households in Southern California.
Governor Davis refused to accept the breakdown of negotiations and over the next eight months pressured the water districts to meet face-to-face, - often in his private Council Chamber in Sacramento,-- and in order to arrive at a compromise. A crucial element in finalizing the historic agreement reached this past week was the active involvement of the federal government in helping bring the agreement to a successful conclusion.
"I am greatly appreciative of the tremendous effort that Assistant Secretary of the Interior, Bennett Raley, and the team of federal negotiators contributed to this historic settlement," said Gov. Davis.
The current agreement is an integral part of the Davis administration's commitment to a secure and reliable water supply for California. That commitment began four years ago with the CalFed program to address water supply issues through and in the San-Joaquin Bay Delta area; continues with the ongoing development of the new California Water Plan; and now includes this accord to share water on the Colorado River.
"Today California sends an unambiguous signal to the Federal government and to our neighbors in the Colorado River Basin that California has its water house in order. Let them hear the message loud and clear: Peace has broken out along the Colorado River!" added Governor Davis.
The so-called Quantification Settlement Agreement (QSA), which sets out the terms of the water-sharing accord, is the culmination of seven years of intensive negotiations between federal and state government officials and the San Diego, Coachella, Imperial, and Metropolitan Water Districts, the four Southern California water agencies involved.
The need for the QSA stems from the fact that California has historically used 5.3 million acre- feet annually from the Colorado Rriver, but is legally only entitled to 4.4 million acre feet. The settlement means that California will now have 14 years –- a so-called 'soft landing' -- to reduce its over-dependence on the Colorado, instead of the immediate 'hard-landing' cut off.
As California's dependence on water from the Colorado River is gradually reduced, the other Colorado basin states will be able to claim their legally entitled amounts of Colorado River water over the course of the 75-year deal.
"Reducing the amount of Colorado River water California now uses involved unprecedented innovation, good will and cooperation among the four water districts, tempered with an appreciation for the impact this agreement has on the entire State's water future," said Richard Katz, chief negotiator for Governor Davis.
Critical components of the QSA include:
- the transfer of conserved agricultural water (roughly 65 billion billion gallons a years) from Imperial Valley Water District, the state's largest consumer of Colorado River water, to the San Diego County Water Authority
- an unprecedented market-based trade of additional conserved agricultural water to urban areas, with the "profits" from the trade being used to fund Salton Sea restoration
- a precedent-setting 'beneficiary pays' concept which for the first time obligates those who benefit from water programs to help pay for the cost, rather than the general taxpayers
- San Diego's decision to assume responsibility for lining the American Canal that will generate 77,000 ac feet of water a year for 110 years
- an end to complex litigation and a formal federal-multi-state, multi-agency
The QSA also required several crucial keystone pieces of state legislation to enable and support its historic provisions. This required further negotiations and the committed involvement on the part of several State legislators.
"I would also like to extend my thanks to Senators Ducheny, Kuehl, and Machado for authoring the legislation that will implement the QSA," Gov. Davis said. "Without their tireless efforts, this historic agreement could not have been realized."
Among other provisions in the legislation Governor Davis signed today are important protections and support for the restoration of the Salton Sea, the State's largest lake and an important habitat for over 400 species of birds, including home to several endangered species. "I want to commend Audubon, Defenders of Wildlife and the Planning and Conservation League, who worked with my office, the legislators and the water districts to helping make this agreement a reality," said Governor Davis.
The bills that serve as the legislative framework for the QSA are:
SB 277 by Senator Denise Moreno Ducheny (D-San Diego) creates the Salton Sea Restoration Fund and authorizes the Dept. of Water Resources to contract with water suppliers to purchase and sell water to provide funding for Salton Sea restoration. It'’s estimated that this will generate close to $300 million for Sea Restoration. SB 277 also requires the Department of Food and Agriculture to report to the Governor and the Legislature on the economic impacts of the Quantification Settlement Agreement on the Imperial Valley.
SB 317 by Senator Sheila Kuehl (D-Santa Monica) provides the Department of Fish and Game with the necessary take authorization for fully protected species impacted by the transfer of Colorado River water from the Imperial Irrigation District to the San Diego County Water Authority. Furthermore, SB 317 provides the funding mechanisms for the Salton Sea restoration, in part through the sale of transferred water, and directs the Secretary of the Resources Agency to develop a preferred alternative for the restoration of the Sea.
SB 654 by Senator Michael Machado authorizes the Director of the Department of Fish and Game to chair a joint powers authority to oversee the payment of required mitigation for environmental impacts from the transfer of water from the Imperial Irrigation District to the San Diego County Water Authority. Additionally, SB 654 expresses intent that funds from Proposition 50 be are allocated for studying and restoring the Salton Sea and specifically authorizes existing funds to be spent on lining the All American and Coachella Canals.