Contra Costa Water District (CCWD) Water Transfer to East Bay Municipal Utility District (EBMUD)

2021080466

Contra Costa Water District

NOE - Notice of Exemption

8/25/2021

8/25/2021

Lucinda Shih

Contra Costa Water District

Lead/Public Agency / Project Applicant / Parties Undertaking Project

1331 Concord Avenue
Concord, CA 94520

(925) 688-8168

lshih@ccwater.com

EBMUD service area would receive transfer water originating from the Central Valley Project (CVP) and conveyed through CVP and EBMUD existing facilities.

Declared Emergency

Sec. 21080(b)(3); 15269(a)

The project is exempt from CEQA pursuant to Public Resources Code Section 21080 (b)(3) and CEQA Guidelines Section 15269(a) due to the Declared Emergency. On May 10, 2021, Governor Newsom declared a State of Emergency (Proclamation) to address the severe drought condition in 41 California counties, including Alameda and Contra Costa Counties. Government Code section 8571 authorizes the Governor to suspend certain regulatory requirements, including CEQA, under emergency conditions. The Proclamation orders the State “to expeditiously consider requests to move water to areas of need, including requests involving voluntary water transfers, forbearance agreements, water exchanges, or other means,” and suspends CEQA for purposes of carrying out or approving this and other directives. The Project will carry out this directive and will prevent or mitigate the impacts of the drought emergency. As a separate and independent basis for determining the project to be exempt, the project also is statutorily exempt from CEQA pursuant to Public Resources Code section 21080(b)(4) and CEQA Guidelines section 15269(c) because it involves specific actions necessary to prevent or mitigate the drought emergency. As a separate and independent basis for determining the project to be exempt, the project is also eligible for a Class 1 categorial exemption under CEQA Guidelines Section 15301 for Existing Facilities. Conveyance of the transfer water would occur through existing facilities and would not exceed the normal capacity of those facilities. Accordingly, no construction of new or expansion of existing water conveyance facilities is required to facilitate the proposed transfer of water. The Reclamation approvals of the water transfer would be administrative in nature and would provide the necessary regulatory approvals to allow for the water transfers to proceed using existing facilities. As a separate and independent basis for determining the project to be exempt, the Project also falls within the “common sense” exemption to CEQA, which applies “the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.” (CEQA Guidelines, § 15061(b)(3).) This exemption applies if “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” (Id.) There will be no new physical construction or alterations to facilities associated with the Project. The water will be conveyed through existing facilities and will not exceed their normal capacity.

Emergency Project

Sec. 21080(b)(4); 15269(b)(c)

The project is exempt from CEQA pursuant to Public Resources Code Section 21080 (b)(3) and CEQA Guidelines Section 15269(a) due to the Declared Emergency. On May 10, 2021, Governor Newsom declared a State of Emergency (Proclamation) to address the severe drought condition in 41 California counties, including Alameda and Contra Costa Counties. Government Code section 8571 authorizes the Governor to suspend certain regulatory requirements, including CEQA, under emergency conditions. The Proclamation orders the State “to expeditiously consider requests to move water to areas of need, including requests involving voluntary water transfers, forbearance agreements, water exchanges, or other means,” and suspends CEQA for purposes of carrying out or approving this and other directives. The Project will carry out this directive and will prevent or mitigate the impacts of the drought emergency. As a separate and independent basis for determining the project to be exempt, the project also is statutorily exempt from CEQA pursuant to Public Resources Code section 21080(b)(4) and CEQA Guidelines section 15269(c) because it involves specific actions necessary to prevent or mitigate the drought emergency. As a separate and independent basis for determining the project to be exempt, the project is also eligible for a Class 1 categorial exemption under CEQA Guidelines Section 15301 for Existing Facilities. Conveyance of the transfer water would occur through existing facilities and would not exceed the normal capacity of those facilities. Accordingly, no construction of new or expansion of existing water conveyance facilities is required to facilitate the proposed transfer of water. The Reclamation approvals of the water transfer would be administrative in nature and would provide the necessary regulatory approvals to allow for the water transfers to proceed using existing facilities. As a separate and independent basis for determining the project to be exempt, the Project also falls within the “common sense” exemption to CEQA, which applies “the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.” (CEQA Guidelines, § 15061(b)(3).) This exemption applies if “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” (Id.) There will be no new physical construction or alterations to facilities associated with the Project. The water will be conveyed through existing facilities and will not exceed their normal capacity.

Categorical Exemption

Sec. 15301

The project is exempt from CEQA pursuant to Public Resources Code Section 21080 (b)(3) and CEQA Guidelines Section 15269(a) due to the Declared Emergency. On May 10, 2021, Governor Newsom declared a State of Emergency (Proclamation) to address the severe drought condition in 41 California counties, including Alameda and Contra Costa Counties. Government Code section 8571 authorizes the Governor to suspend certain regulatory requirements, including CEQA, under emergency conditions. The Proclamation orders the State “to expeditiously consider requests to move water to areas of need, including requests involving voluntary water transfers, forbearance agreements, water exchanges, or other means,” and suspends CEQA for purposes of carrying out or approving this and other directives. The Project will carry out this directive and will prevent or mitigate the impacts of the drought emergency. As a separate and independent basis for determining the project to be exempt, the project also is statutorily exempt from CEQA pursuant to Public Resources Code section 21080(b)(4) and CEQA Guidelines section 15269(c) because it involves specific actions necessary to prevent or mitigate the drought emergency. As a separate and independent basis for determining the project to be exempt, the project is also eligible for a Class 1 categorial exemption under CEQA Guidelines Section 15301 for Existing Facilities. Conveyance of the transfer water would occur through existing facilities and would not exceed the normal capacity of those facilities. Accordingly, no construction of new or expansion of existing water conveyance facilities is required to facilitate the proposed transfer of water. The Reclamation approvals of the water transfer would be administrative in nature and would provide the necessary regulatory approvals to allow for the water transfers to proceed using existing facilities. As a separate and independent basis for determining the project to be exempt, the Project also falls within the “common sense” exemption to CEQA, which applies “the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.” (CEQA Guidelines, § 15061(b)(3).) This exemption applies if “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” (Id.) There will be no new physical construction or alterations to facilities associated with the Project. The water will be conveyed through existing facilities and will not exceed their normal capacity.