Contra Costa Water District (CCWD) Water Transfer to East Bay Municipal Utility District (EBMUD)
Summary
SCH Number
2021080466
Public Agency
Contra Costa Water District
Document Title
Contra Costa Water District (CCWD) Water Transfer to East Bay Municipal Utility District (EBMUD)
Document Type
NOE - Notice of Exemption
Received
Posted
8/25/2021
Document Description
CCWD and EBMUD entered into an agreement in 2013 that provided EBMUD the option to purchase up to 2,000 acre-feet of water from CCWD before December 31, 2025. With ongoing dry hydrologic conditions and low CVP allocations, EBMUD has requested this transfer of water to provide supplemental water supply to EBMUD this year. This water will be made available by CCWD using up to 2,000 acre-feet of water previously stored in Los Vaqueros Reservoir in lieu of CCWD taking that quantity of water from its 2021 CVP allocation, thereby allowing CCWD’s unused CVP water to be transferred to EBMUD for diversion at the Freeport Regional Water Authority’s Intake on the Sacramento River and conveyed to EBMUD’s service area through existing facilities. Operations to enable the water transfer will require approval by the Bureau of Reclamation.
Contact Information
Name
Lucinda Shih
Agency Name
Contra Costa Water District
Contact Types
Lead/Public Agency / Project Applicant / Parties Undertaking Project
Phone
Email
Location
Cities
Various
Counties
Alameda, Contra Costa
Other Information
EBMUD service area would receive transfer water originating from the Central Valley Project (CVP) and conveyed through CVP and EBMUD existing facilities.
Notice of Exemption
Exempt Status
Declared Emergency
Type, Section or Code
Sec. 21080(b)(3); 15269(a)
Reasons for Exemption
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.
Exempt Status
Emergency Project
Type, Section or Code
Sec. 21080(b)(4); 15269(b)(c)
Reasons for Exemption
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.
Exempt Status
Categorical Exemption
Type, Section or Code
Sec. 15301
Reasons for Exemption
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.
County Clerks
Alameda, Contra Costa, Sacramento, San Joaquin
Attachments
Notice of Exemption
Disclaimer: The Governor’s Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. For more information, please visit OPR’s Accessibility Site.