Emergency Temporary Diversion of East Contra Costa Irrigation District Water at Contra Costa Water District Middle River Intake
Summary
SCH Number
2022090534
Public Agency
Contra Costa Water District
Document Title
Emergency Temporary Diversion of East Contra Costa Irrigation District Water at Contra Costa Water District Middle River Intake
Document Type
NOE - Notice of Exemption
Received
Posted
9/27/2022
Document Description
CCWD diverts water under ECCID’s pre-1914 water right for use in CCWD and the City of Brentwood’s service areas. Under the 2000 Amendment to the 1991 Agreement among the Department of Water Resources (DWR) and ECCID and CCWD, CCWD can divert the ECCID water from CCWD’s Rock Slough or Old River Intakes. DWR permission is needed for CCWD to divert ECCID water from CCWD’s Middle River Intake. Figure 1 is a map of the project area.
In both 2021 and 2022, due to the higher temperatures and reduced flow circulation associated with extraordinary drought conditions and water management actions in response to the drought conditions, there have been higher than normal amounts of algae throughout the Delta. Currently, algal blooms are producing high levels of taste and odor compounds at the Rock Slough and Old River Intakes, but water quality at Middle River is more acceptable. While CCWD has invested in several treatment system improvements in recent years to eliminate some common taste and odor compounds, others can only be effectively addressed by a shift in water source. CCWD is requesting temporary DWR approval to divert ECCID water at Middle River Intake until water quality improves at Old River or Rock Slough Intake.
The proposed project would allow CCWD to deliver improved water quality to CCWD and City of Brentwood customers while also better managing scarce water supplies during this drought without increasing the amount of water diverted. CCWD’s total diversions of ECCID water are projected to be approximately 3000 acre-feet per month during the summer and fall.
No increase in diversion amount will occur; the same amount of water would be diverted from Middle River Intake as otherwise would have been diverted from Old River and/or Rock Slough Intakes. Middle River Intake is less than 4 river miles away from Old River Intake, and both are located in the southern Sacramento-San Joaquin Delta. All of CCWD’s intakes are equipped with state-of-the-art positive barrier fish screens, and operations with the proposed project would occur in accordance with existing permits and contracts governing the use of CCWD’s existing facilities, including the 1991 DWR-ECCID-CCWD Agreement as amended.
Contact Information
Name
Lucinda Shih
Agency Name
Contra Costa Water District
Job Title
Water Resources Manager
Contact Types
Lead/Public Agency
Phone
Email
Location
Cities
Various
Counties
Contra Costa, San Joaquin
Regions
Northern California
Other Location Info
Water diverted from Middle River Intake at Victoria Canal, delivered to CCWD and City of Brentwood service areas
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 Contra Costa County. 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” 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 without increasing the amount of water diverted.
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 without increasing the amount of water diverted.
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, would not exceed the normal capacity of those facilities and would not otherwise increase the amount of water diverted. Accordingly, no construction of new or expansion of existing water conveyance facilities is required to facilitate the proposed transfer of water.
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 would not exceed their normal capacity and will not otherwise increase the amount of water diverted.
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 Contra Costa County. 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” 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 without increasing the amount of water diverted.
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 without increasing the amount of water diverted.
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, would not exceed the normal capacity of those facilities and would not otherwise increase the amount of water diverted. Accordingly, no construction of new or expansion of existing water conveyance facilities is required to facilitate the proposed transfer of water.
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 would not exceed their normal capacity and will not otherwise increase the amount of water diverted.
Exempt Status
Categorical Exemption
Type, Section or Code
CEQA Guidelines Section 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 Contra Costa County. 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” 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 without increasing the amount of water diverted.
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 without increasing the amount of water diverted.
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, would not exceed the normal capacity of those facilities and would not otherwise increase the amount of water diverted. Accordingly, no construction of new or expansion of existing water conveyance facilities is required to facilitate the proposed transfer of water.
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 would not exceed their normal capacity and will not otherwise increase the amount of water diverted.
Exempt Status
Statutory Exemption
Type, Section or Code
CEQA Guidelines Section 15061(b)(3)
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 Contra Costa County. 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” 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 without increasing the amount of water diverted.
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 without increasing the amount of water diverted.
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, would not exceed the normal capacity of those facilities and would not otherwise increase the amount of water diverted. Accordingly, no construction of new or expansion of existing water conveyance facilities is required to facilitate the proposed transfer of water.
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 would not exceed their normal capacity and will not otherwise increase the amount of water diverted.
County Clerks
Contra Costa, 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. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. For more information, please visit OPR’s Accessibility Site.