Internal memo reveals 'the fix is in' on Delta tunnel plan

Internal memo reveals 'the fix is in' on Delta tunnel plan

DWR creates two new divisions to implement BDCP

by Dan Bacher

Advocates for the Sacramento-San Joaquin River Delta, Central Valley salmon and openness and transparency in government have often stated that the "fix is in" on Governor Jerry Brown's peripheral tunnel plan.

Their contention that the process is rigged and unjustly manipulated by state officials and water contractors was only confirmed in a May 6 memorandum sent to Department of Water Resources (DWR) staff from DWR Director Mark Cowin indicating that the Brown administration is stepping up its efforts to fast-track the Bay Delta Conservation Plan (BDCP) to build the peripheral tunnels.

Cowin said two new organizations will be established within the agency to implement the controversial Bay Delta Conservation Plan - a DWR BDCP Office and the Delta Conveyance Facilities Design and Construction Enterprise (DCE) - beginning June 1.

"While many milestones remain before a positive decision to implement BDCP is achieved, DWR must begin to prepare to carry out its critical role in the implementation phase of this important project, should a conclusion be reached to move forward," said Cowin. "To this end, we are establishing two new DWR organizations beginning June 1, 2014 - the DWR BDCP Office and the Delta Conveyance Facilities Design and Construction Enterprise (known as the DCE)."

The DCE will constitute a new joint powers authority overseen by a Program Manager under contract to the Department of Water Resources and staffed by representatives from DWR, the Metropolitan Water District and other water agencies, and private contractors. It will give water contractors who would benefit from the tunnel plan a key role in the construction planning for the project.

According to Cowin, "The organizational structure and staffing of the DCE is envisioned to be somewhat unique in comparison to a typical DWR organization. It will be managed by a Program Manager under contract to DWR, and will be staffed by highly qualified individuals from within DWR, participating regional and local public water agencies, and private consulting firms. As part of DWR, it will have the capacity to issue contracts for consulting services as well as construction, using DWR’s authority and in keeping with all applicable State contracting statutes."

Delta advocates criticized the memo for being the latest in a series of actions taken by the Brown administration to rush the construction of the peripheral tunnels before permitting of the process is complete - and before any financial plan or agreement to pay for the tunnels, estimated to cost $67 billion or more, is in place.

Barbara Barrigan-Parrilla, Executive Director of Restore the Delta, said, "Permitting is not complete. There is no financial plan or agreement. The Implementing Agreement will not be released to the public until after the public comment period on the BDCP and its EIR/S is complete."

"Yet, DWR is moving forward to implement the project?" she asked. "They are trying to steamroll Delta communities which will be harmed by the impacts, and the people of California who will be stuck paying the bill for the boondoggle."

Carolee Krieger, Executive Director of the California Water Impact Network (C-WIN), after reading the memorandum, said, "It sounds to me like DWR is going ahead full steam, facts or lack of facts be damned. They have no idea what the project looks like because they have not been able to do the drilling tests because the Delta landowners have won their lawsuits. So they (DWR) have no idea what problems they may face with tunnel construction; they have no real idea of the costs…only guesses."

"It sounds to me like the same thing the Third District Court said about paper water in our Monterey Agreement case…they are going on 'a wish and a prayer!'" she stated.

"And where in the State Water Project (SWP) contracts does it allow DWR to collect funds from the contractors for this BDCP/Twin Tunnel planning, as this is not maintenance but a huge new project?" asked Krieger.

Nancy Vogel, Director of Public Affairs for the Department of Water Resources and former reporter for the Sacramento Bee and LA Times, confirmed that Cowin had sent out the memo, but couldn't answer several questions posed to her by the Central Valley Business Times (CVBT).

The CVBT reported, "Nancy Vogel, chief spokeswoman for DWR, says she does not know how much of the existing DWR budget, including money and staff, will be diverted to the two offices; what prompted the decision to move forward with the two offices or how many additional staff have been or will be hired to staff the offices. (http://www.centralvalleybusinesstimes.com/stories/001/?ID=25822)

As the Brown administration continues to rush the construction of the twin tunnels, opposition to the project by a coalition of family farmers, Indian Tribes, fishing groups, environmental organizations, Delta residents and elected officials continues to grow.

The public review and comment period for the Draft BDCP and BDCP Draft EIR/EIS will run through June 13, 2014. Restore the Delta will host a "Public Comment Party" to complete more than one hundred citizens comments against the environmentally destructive peripheral tunnels on May 13, from 6:00-8:00 p.m. at the Reserve at Spanos Park, Mt. Diablo Room 6301 W. Eight Mile Rd. in Stockton.

Refreshments will be provided. RSVP and letter writing information, language translators or childcare can be arranged: contact stina [at] restorethedelta.org or call (209) 475-9550. (RSVP is encouraged, but not required.)

The water diverted from the Sacramento River through the tunnels would go to corporate agribusiness interests farming toxic, drainage impaired land on the west side of the San Joaquin Valley, oil companies conducting fracking and steam injection operations in Kern County, and Southern California water agencies. The construction of the twin tunnels would hasten the extinction of Central Valley salmon, Delta and longfin smelt, green sturgeon and other fish species, as well as imperil the salmon and steelhead populations of the Trinity and Klamath rivers.

Below is the memo:


State of California California Natural Resources Agency

M e m o r a n d u m

Date: May 6, 2014

To: All DWR Employees

From: Department of Water Resources

Subject: Establishment of the DWR BDCP Office and the DHCCP Design and

Construction Enterprise

As many of you are keenly aware, the Department of Water Resources (DWR) has been deeply engaged in the development of the Bay Delta Conservation Plan (BDCP) since 2006. Several DWR offices and divisions are currently working on BDCP, either as part of the Delta Habitat Conservation and Conveyance Program (DHCCP) or as part of the planning and analysis of the overall BDCP program.

We are approaching a critical juncture for BDCP as the planning phase reaches completion, State and federal resource agencies consider permitting decisions, and a more detailed financing plan is developed. While many milestones remain before a positive decision to implement BDCP is achieved, DWR must begin to prepare to carry out its critical role in the implementation phase of this important project, should a conclusion be reached to move forward. To this end, we are establishing two new DWR organizations beginning June 1, 2014 - the DWR BDCP Office and the Delta Conveyance Facilities Design and Construction Enterprise (known as the DCE).

First, a new BDCP Office will be established within the Executive Division. The initial focus will be the completion of the conservation plan while providing early coordination and transition to implementation of BDCP conservation measures 2 through 22, including, for example, tidal marsh restoration, Yolo Bypass fishery enhancement and urban stormwater treatment. This team will work to plan, manage, and integrate coordination among DWR’s various divisions involved with development of BDCP and initiate preliminary evaluations needed to implement BDCP. In addition, this team will play an important role in agency and stakeholder engagement needed to complete the plan. To help facilitate the completion of BDCP, including the needed close coordination with the Governor’s Office and the State administration, the office will initially be led by the Chief Deputy Director.

This office will lay the foundation for the implementation of BDCP, and once the BDCP is finalized, that work will be merged into the formal BDCP Implementation Office as is defined in Chapter 7 of the BDCP. This organization will likely be a multi-agency effort involving DWR or supported by DWR.

Second, a Delta Conveyance Facility Design and Construction Enterprise (DCE) will be established within the Department as a new program to support activities associated with design and construction of conservation measure 1, the Delta Conveyance facilities. The mission of this enterprise is intended to be limited to this singular focus, and the life span of the enterprise will be limited to the time necessary to complete construction of these facilities. The organizational structure and staffing of the DCE is envisioned to be somewhat unique in comparison to a typical DWR organization. It will be managed by a Program Manager under contract to DWR, and will be staffed by highly qualified individuals from within DWR, participating regional and local public water agencies, and private consulting firms. As part of DWR, it will have the capacity to issue contracts for consulting services as well as construction, using DWR’s authority and in keeping with all applicable State contracting statutes. Initially the DCE will be located in the Bonderson Building, but it is anticipated that it will move to another location to accommodate the growth needed to complete the design and construction of the conveyance facilities.

Undoubtedly, a number of questions will arise about how these two structures will mesh with our existing organization at DWR, and we will be working with you all to elicit your questions and develop solutions together. I look forward to your continued support as we enter into this exciting phase of the BDCP which will shape the future of Delta ecological restoration and water project operations.

Mark W. Cowin

Director