Delta Tribal Environmental Coalition Issues Pre-Hearing Conf. Statement for Delta Tunnel Project

Stockton, Calif. — On February 18, 2025 the State Water Resources Control Board will be holding a public hearing to determine action on the Department of Water Resources’ (DWR) petitions to change water rights permits related to the Delta Conveyance Project, AKA Delta Tunnel.

According to the Delta Tribal Environmental Coalition (DTEC), “There are significant procedural and legal concerns regarding DWR’s petitions to change water rights. This includes the fact that DWR’s permits expired over 15 years ago and the Board should not proceed without resolving these expired permits or confirming that these rights even exist.”

“In addition, there is a clear lack of due process and a number of significant uncertainties that further warrants a pause in these proceedings, including a completed Bay-Delta Plan,” the DTEC stated. 

The Delta Tribal Environmental Coalition, including the Buena Vista Rancheria of Me-Wuk Indians, Shingle Springs Band of Miwok Indians, Winnemem Wintu Tribe, Little Manila Rising, and Restore the Delta, and their partners at the San Francisco Baykeeper, California Indian Environmental Alliance, and Golden State Salmon Association have filed their pre-hearing conference statement in response to DWR’s petitions.

“We are doing all we can to argue that these proceedings should not move forward until there is clarity and proper procedure to ensure a fair and lawful process. Moving forward with these proceedings without knowing what, if any, water rights DWR currently has and in the absence of a completed Bay-Delta plan is a waste of resources and not in the best interest of Californians,” the coalition argued.

How to make comments: The administrative hearing officer allows individuals to deliver oral policy statements regarding the project during the public hearing on February 18th. If you’re not already a party to a lawsuit but wish to make your position known, you must file a Notice of Intent (NOI) with the administrative hearing office as soon as possible.

You can download the NOI form here: (https://drive.google.com/file/d/1vMOGlVS0fxyOAn8NRUAkpK5mxc717MPA/view) and email your completed form to info [at] restorethedelta.org. Their team will assist with submitting it to the service list. Note that you are not required to submit your policy statement at this time—only the completed NOI.

Background: Central Valley salmon and Delta fish are in worst-ever crisis

Governor Gavin Newsom’s campaign to build the Delta Tunnel comes as Central Valley salmon and Delta fish populations are in their worst-ever crisis. The Delta Smelt, an indicator species that was once the most abundant fish in the Sacramento-San Joaquin Delta, is virtually extinct in the wild, due to massive water exports to agribusiness and other factors over the past several decades. Zero smelt have been caught over the past six years in the California Department of Fish and Wildlife’s Midwater Trawl Survey.

The ocean and river salmon fishing seasons have been closed for the past two years, due to the collapse of Sacramento River and Klamath River fall-run Chinook salmon populations. Meanwhile, endangered winter and spring-Chinook salmon populations are moving closer to extinction. Butte Creek, once the stronghold of spring run Chinook, saw a record low of 100 fish return to spawn last year and an even lower number of fish this year.

The Delta Tunnel will divert Sacramento River water before it reaches the Delta when what imperiled fish populations need is more water flowing through the Delta, not less.