CVP Water Transfer Project Between Del Puerto Water District, Panoche Water District, Westlands Water District and Contra Costa Water District
Summary
SCH Number
2021080467
Public Agency
Contra Costa Water District
Document Title
CVP Water Transfer Project Between Del Puerto Water District, Panoche Water District, Westlands Water District and Contra Costa Water District
Document Type
NOE - Notice of Exemption
Received
Posted
8/25/2021
Document Description
Del Puerto, Panoche, Westlands, and Contra Costa are entering into an agreement for CCWD to transfer up to 2,000 acre-feet of Contra Costa’s CVP allocation each to Del Puerto, Panoche, and Westlands in 2021, and then for Del Puerto, Panoche, and Westlands to each transfer the same amount of their CVP water to CCWD by 2026. With ongoing dry hydrologic conditions and no CVP allocations for the rest of the year, the transfer will provide supplemental water supply to Del Puerto, Panoche, and Westlands this year. Water transferred to Del Puerto, Panoche, and Westlands will be made available by Contra Costa using water previously stored in Los Vaqueros Reservoir in lieu of Contra Costa’s CVP allocation, allowing that water to be pumped at the CVP Jones Pumping Plant and conveyed to Del Puerto, Panoche, and Westlands service areas through existing CVP, Del Puerto, Panoche, and Westlands facilities. Water transferred to CCWD will be conveyed using CCWD’s existing facilities to its service area. Operations to enable the water transfers 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
Contra Costa, Fresno, Kings, Merced, San Joaquin, Stanislaus
Other Information
Del Puerto, Panoche, Westlands, and Contra Costa service areas would receive transfer water originating from the CVP and conveyed through CVP, Del Puerto, Panoche, Westlands, and Contra Costa 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 particular in the Central Valley. 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 Use of Existing Facilities. Conveyance of the water transferred would occur through existing facilities and would not exceed their normal capacity. Accordingly, no construction of new or expansion of existing water conveyance facilities are required to facilitate the proposed transfers of water. The Reclamation approvals of the water transfers would be administrative in nature and provide the necessary regulatory approvals to allow for the water transfers to proceed using existing facilities.
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 particular in the Central Valley. 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 Use of Existing Facilities. Conveyance of the water transferred would occur through existing facilities and would not exceed their normal capacity. Accordingly, no construction of new or expansion of existing water conveyance facilities are required to facilitate the proposed transfers of water. The Reclamation approvals of the water transfers would be administrative in nature and provide the necessary regulatory approvals to allow for the water transfers to proceed using existing facilities.
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 particular in the Central Valley. 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 Use of Existing Facilities. Conveyance of the water transferred would occur through existing facilities and would not exceed their normal capacity. Accordingly, no construction of new or expansion of existing water conveyance facilities are required to facilitate the proposed transfers of water. The Reclamation approvals of the water transfers would be administrative in nature and provide the necessary regulatory approvals to allow for the water transfers to proceed using existing facilities.
County Clerks
Contra Costa, Fresno, Kings, Merced, San Joaquin, Stanislaus
Attachments
Notice of Exemption
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