BY RUSSELL VAN LÖBEN SELS

The five county Farm Bureaus of the Delta (Contra Costa, Sacramento, San Joaquin, Solano and Yolo) have been working together since 2008, when we formed the Farm Bureau Delta Caucus to better leverage our limited resources to uphold core Farm Bureau values and policies. The caucus has been tracking and commenting on issues of importance to agriculture in the Delta.

In 2009, the California Legislature passed monumental legislation containing requirements that led to the formation of the Delta Stewardship Council (DSC) and a water bond, which has not yet appeared on the ballot. The Delta Caucus is committed to working with other interested parties and to enlighten others on the broader impacts that will likely result from regulations dealing with Delta issues.

Delta Stewardship Council (DSC)

The Delta Stewardship Council was formed by California legislation in 2009 and is directed to achieve the state-mandated coequal goals for the Delta. The term “coequal goals” means providing a more reliable water supply for California and protecting, restoring and enhancing the Delta ecosystem. According to the legislation:

The coequal goals shall be achieved in a manner that protects and enhances the unique cultural, recreational, natural resource, and agricultural values of the Delta as an evolving place.”  (CA Water Code §85054)

The Delta Stewardship Council is comprised of Chairman Phil Isenberg (former Sacramento mayor and former legislative representative for portions of Contra Costa, Sacramento and San Joaquin counties), Randy Fiorini (a Denair farmer and former president of the Association of California Water Agencies (ACWA) and the Turlock Irrigation District), Gloria Gray (a hospital administrator and board member for West Basin Municipal Water District, a member agency of Metropolitan Water District), former California Senate and Assemblyman Patrick Johnston, Felicia Marcus (formerly with Natural Resources Defense Council, Trust for Public Land and Region 9 EPA), Hank Nordoff (CFO of Gen-Pro), and chairman of the Delta Protection Commission/Sacramento County Supervisor Don Nottoli, who is the only local representative on the council.

Maps produced by the DSC indicate that it will influence actions dealing with the coequal goals throughout the State of California. Specifically, its proposals will influence the Delta Watershed (Sacramento-San Joaquin River Systems), the Delta and areas that receive water exported from the Delta. This proposed area of oversight will potentially have a tremendous affect on agricultural regions of the Delta and throughout all of California.

One of the difficulties concerning the DSC is that the Legislature has surrendered all legislative oversight. The council will essentially develop its plan and will have final judgment over any appeals to the plan.
www.deltacouncil.ca.gov


The Delta Plan
One of the DSC’s mandates is to develop a plan to achieve the coequal goals (The Delta Plan). The Plan is currently under environmental review with public comments due on Feb. 2, 2012. The preferred alternative is the DSC’s fifth staff draft, which contains policies and recommendations. To achieve the coequal goals, covered actions (as defined in the plan) will be analyzed to insure consistency with the Delta Plan.

One of the Delta Caucus’ concerns is that covered actions are not well-defined and could result in substantial restriction or denial of any activity that is subject to a permit. The DSC has already begun issuing letters warning about the need for some proposed projects to be consistent with the Delta Plan policies and recommendations. Because of the significant affect the Delta Plan will have on agriculture in the Delta, the Delta Caucus has retained a Stockton law firm to provide comments to influence the process and provide a basis for further action if necessary.

Bay Delta Conservation Plan (BDCP)
BDCP is an attempt by water exporters to create a 50-year permit to address Delta species concerns and guarantee exporters’ ability to continue to take water from the Delta. In 2008, the Department of Water Resources (DWR) requested access to land using Temporary Entry Permits (TEPs) in the Delta to survey for endangered species, cultural resources, etc. along proposed conveyance routes.

The Delta Caucus tried to negotiate with DWR to insure that information acquired was limited and confidential, but most of the TEPs became subject to a coordinated court case. Access for environmental surveys was granted. That action is currently under appeal and all access has been stayed. The court denied access for geotechnical surveys, and the DWR is currently utilizing the condemnation process to access landowners’ property for drilling.

The BDCP has been criticized for its lack of local input as well as the recently signed Memorandum of Agreement between the contractors, DWR and the Department of the Interior. The BDCP will become part of the Delta Plan, subject to approval by the Department of Fish and Game, the DSC and any other appeals to the DSC.
www.baydeltaconservationplan.com

Delta Protection Commission (DPC)
The DPC has been working to meet its legislative requirement to develop and submit an Economic Sustainability Plan (ESP) to the DSC. The DPC has determined that agriculture is the primary economic engine in the Delta, and efforts to impede and replace it will greatly reduce the economic sustainability of the Delta and its communities.

In addition, the DPC is producing a feasibility study to establish a National Heritage Area (NHA). The NHA will establish a national themed area of importance. As currently proposed, the DPC would serve as the local entity to oversee the NHA, and the NHA would have no land use limitations. The NHA is still in the process of being developed, and themes and final adoption have not yet been presented to the DPC.

www.delta.ca.gov

There are many other initiatives affecting the Delta. The Delta Conservancy is focusing on economic projects, habitat projects and a host of other activities. There are also entities concentrating on water quality, water flow and flood control. To say that the Delta is being overrun by processes is an understatement, but also a testament to the need for our counties to continue supporting the Delta Caucus in order to collectively work on behalf of our members.

Russell van Löben Sels chairs the Delta Caucus and farms 2,000 acres of pears, winegrapes, tomatoes, corn, wheat, safflower and alfalfa in Courtland, Calif. He is past president of the Sacramento County Farm Bureau, former chairman of the California Pear Growers Association Board of Directors and former vice chair of the California Pear Advisory Board.