RBOC Urging State to Initiate Meaningful Engagement with Boating Community on Single Delta Tunnel Project

RBOC is urging the state to begin meaningful engagement with the recreational boating community regarding the single tunnel project through the Sacramento - San Joaquin River Delta.

RBOC has contacted the Delta Conveyance Design and Construction Authority, confirming the serious concerns of the recreational boating community that the Delta Stakeholder Engagement Committee [SEC] is not providing the opportunity for meaningful engagement of our community, our interests, or our concerns regarding the single tunnel project.

Through the thirteen meetings that have been held to date, the SEC has not served as a good-faith effort to work with the community to use the design process as a way to avoid or minimize local community impacts.

Participants have repeatedly attempted to raise a number of significant negative local community impacts and have been informed that they are not appropriate as the committee is limited to technical, engineering and design issues.

The committee is not collaborating with the Delta community to avoid and minimize local impacts. This is a stark contrast to the Department of Water Resources’ September 4, 2019 “Modernizing Delta Conveyance Infrastructure Q & A" statement:

“Participation and collaborative problem solving will be critical to our success. The Newsom administration wants to engage with Delta communities to hear their ideas and concerns… Our agencies are committed to making the public, especially the Delta community, a part of this new strategy to prepare the state for climate change.”

RBOC is also greatly concerned that the public review and comment on the Draft EIR has not yet happened, will not occur for many months, and will not consider any of the main alternatives to a tunnel that the public has suggested for further analysis.

For each of these reasons, it is critical and timely that a formal, meaningful and collaborative engagement with the recreational boating community be initiated.

RBOC Opposing Re-started Delta Conveyance Project

RBOC is continuing its opposition to the controversial proposal to construct a tunnel through the Sacramento – San Joaquin Delta as Governor Newsom's Department of Water Resources "restarted" the Delta single tunnel Delta Conveyance Project last week with a Notice of Preparation [NOP] that initiates the Environmental Impact Review [EIR]. 

RBOC urges boaters to submit their concerns by the March 20 deadline, and to attend and speak at one of the seven public scoping meetings to be held on February 3, 5, 10, 12, 13, 19 and 20 throughout the state.

The Delta Conveyance Project, even as a single-tunnel version of the previous WaterFix project, would be a massive construction project that could seriously impact boaters’ access to the Delta for years to come.

Stated RBOC President Daniel J. Hodge: “RBOC and the boating community must continue to speak strongly during this new phase. Even as reconfigured, the single tunnel would significantly impair the ability of boaters to access the 1,000 miles of waterways in the Delta – especially during the 13 or more years of construction.”

The proposed Delta Conveyance Project is the latest threat to boating in the Delta.  The project is described in the NOP is a single underground tunnel with two intakes that together have a total diversion capacity of 6,000 cubic feet-per-second (cfs). The NOP notes that there will likely be alternatives identified that evaluate a range of capacities from 3,000 cfs to 7,500 cfs.

Construction and commissioning of the overall conveyance project is projected to take approximately 13 years. During construction, major waterways and tributaries could be closed to recreational boaters. The project announcement notes that probable effects may include the displacement and reduction of recreation sites as well as effects on marine traffic.

RBOC concerns include:

The significant, negative impact that will occur with the closure of waterways to navigation during the lengthy construction period.

• The absence of a plan to ensure that the Delta infrastructure will not only be preserved, but improved.

• The lack of surety that the plan will address the threat that climate change and increased water transfer pose to the amount and quality of water in the Delta.

• RBOC urges boaters to take action by submitting comments and attending one of the seven public scoping meetings.

Public comments on the NOP are due on March 20, 2020 by 5 p.m. and may be submitted via email at DeltaConveyanceScoping@water.ca.gov or mail at Delta Conveyance Scoping Comments, Attn: Renee Rodriguez, Department of Water Resources, P.O. Box 942836, Sacramento, CA 94236.  

The proposed project is of statewide, regional or area-wide significance; therefore, a CEQA scoping meeting is required pursuant to Public Resources Code Section 21083.9, subdivision (a)(2). Public Scoping meetings are scheduled to take place at the following times and locations:

• Monday, February 3, 2020, 1 p.m. – 3 p.m. California Environmental Protection Agency Building, 1001 I Street, Sacramento

• Wednesday, February 5, 2020, 6 p.m. – 8 p.m. Junipero Serra State Building, 320 West Fourth Street, Los Angeles

• Monday, February 10, 2020, 6 p.m. – 8 p.m. Jean Harvie Community Center, 14273 River Road, Walnut Grove

• Wednesday, February 12, 2020, 6 p.m. – 8 p.m. Santa Clara Valley Water District Board Room, 5750 Almaden Expressway, San Jose

• Thursday, February 13, 2020, 6 p.m. – 8 p.m. San Joaquin Council of Governments Board Room, 555 Weber Avenue, Stockton

• Wednesday, February 19, 2020, 6 p.m. – 8 p.m. Clarksburg Middle School Auditorium, 52870 Netherlands Road, Clarksburg

• Thursday, February 20, 2020, 6 p.m. – 8 p.m. Brentwood Community Center Conference Room, 35 Oak Street, Brentwood

For the RBOC press release: click here

Boaters' Opportunity to Comment - Trestle Across Mokelumne River

Boaters have the opportunity to provide comments on a temporary trestle Caltrans is proposing across the Mokelumne River prior to a January 23 deadline - for the referenced notice and information on submitting comments: click here.

From the USCG in transmitting the notice:

“Caltrans is proposing to erect a temporary trestle across the Mokelumne River, mile 22.9 at I-5 Bridges to facilitate the construction of a seismic retrofit project.  The temporary trestle is anticipated to be in place July to Oct 2019 and 2020.  

“Attached is a CG letter requesting comments from waterway users to determine if the temporary trestle meets the reasonable needs of navigation on the waterway during construction.”  

“Comments concerning this proposal are due NLT COB on January 23, 2019.”

RBOC Opposing Franks Tract Restoration Plan in Delta

RBOC is opposing the California Department of Fish and Wildlife’s proposed restoration of Franks Tract in the Sacramento-San Joaquin Delta as the project would negatively and permanently harm present and future boating opportunities in this prime area of the Delta.

The following key impacts are of great concern to recreational boaters:

• Access to False River and the San Joaquin River to the East would be permanently blocked.   This access would no longer be a thoroughfare for boaters traveling from San Francisco, Pittsburg and Benicia to recreate in the Delta.  Boaters would be forced to navigate all the way around - adding up to an hour to their cruising time and fuel consumption.
• The project would result in the loss of marinas and marine-related businesses.  The plan would block off and severely impact the marinas, launch ramps, marine-related businesses and restaurants that serve the boating public in the Delta – with a tremendous, negative economic impact on this region.
• The project would harm striped bass and black bass fishing, which are a core component of the Delta recreation with 150 tournaments held in the area each year. This would occur as additional water is diverted for the purpose of eradicating invasive species and helping endangered smelt.
• The project would eliminate an important State Recreational Area that provides the stimulus for recreational and economic activity for the region.

RBOC’s opposition to this project is consistent with the organization’s August 21 testimony before the State Water Resources Control Board in support of the proposed resolution amending the San Francisco Bay/Sacramento-San Joaquin Delta Estuary Water Quality Control Plan [Bay-Delta Plan] and adopting the final Substitute Environmental Document [SED] for Lower San Joaquin River and Southern Delta.

The proposed plan amendments would revise two elements of the Bay-Delta Plan: lowering San Joaquin River flow objectives for the protection of fish and wildlife; and adjusting the salinity requirements to a slightly higher level to reflect updated scientific knowledge of Southern Delta salt levels that reasonably protect agriculture.

RBOC testified in support of the American Sportfishing Association’s coalition submittal, encouraging the adoption of scientifically and legally adequate flow standards of the lower San Joaquin River and its Tributaries. The organization emphasized that, given the extremely perilous state of salmon runs and other species, it is imperative that the board issue robust flow standards that will restore salmon.

RBOC’s opposition to the Franks Tract Restoration Project is also consistent with and in furtherance of the organization’s opposition to the California WaterFix, a massive construction project that could seriously impact boaters’ access to the Delta for years to come. 

The California WaterFix, which could take 14 years or more to complete, involves digging huge, 47-mile long tunnels under the Delta to facilitate the movement of water.  During construction, major waterways and tributaries could be closed to recreational boaters.

Other concerns with the WaterFix include:

• The significant, negative impact that will occur with the closure of waterways to navigation during the lengthy construction period.
• The absence of a plan to ensure that the Delta infrastructure will not only be preserved, but improved.
• The lack of surety that the plan will address the threat that climate change and increased water transfer pose to the amount and quality of water in the Delta.

RBOC has, for decades, been at the forefront of opposing proposals that would impair the ability of boaters to access to the over 1,000 miles of waterways in the Delta. The organization successfully opposed permanent barriers that would have blocked navigation to popular Delta destinations. It has supported legislation that would increase funds for fighting invasive species such as the water hyacinth.

RBOC’s efforts are in furtherance of the policy it has pursued for over ten years in support of the preservation of recreational boating access to navigable California Delta waterways, including:

• Pursuing assurances that as any changes are contemplated which further alter Delta navigable waterways that alternatives are identified and implemented that will best preserve and sustain recreational boat passage at each location.
• Advocating for assured access for continued navigation by recreational boats wherever any “control structure” [such as, but not limited to gates or barriers whether temporary or permanent] is planned for placement across a navigable Delta waterway.  
• Promoting the provision for operable boat locks installed as an integral design component to mitigate for the placement of any control structure across any navigable Delta waterway. All control structures and boat locks or other alternatives should be installed, maintained and operated without cost or expense to recreational boaters.

Key Water Agency Board Votes Against Participating in California WaterFix

By a 7-1 vote, the Wetlands Water District Board of Directors has voted against participating and providing an estimated one quarter of the projected $17 billion cost of the RBOC-opposed California WaterFix that includes the controversial twin tunnels through the Sacramento-San Joaquin Delta.

The decisions of other significant water agencies are anticipated to be made later this year..

RBOC Opposing California WaterFix, Citing Negative Impact on Boating

RBOC has adopted a position in opposition to the proposed WaterFix project, a massive construction project that could seriously impact boaters’ access to the Delta for years to come.

“RBOC has, for decades, been at the forefront of opposing proposals that would impair the ability of boaters to access to the 1,000 miles of waterways in the Delta,” said Peter Robertson, president of the organization.  “We successfully opposed permanent barriers that would have blocked navigation to popular Delta destinations.  We have supported legislation that would increase funds for fighting invasive species such as the water hyacinth,” stated Robertson.

According to RBOC, the proposed WaterFix project is the latest threat to boating in the Delta.  The project, which could take 14 years or more to complete, involves digging huge, 47-mile long tunnels under the Delta to facilitate movement of water.  During construction, major waterways and tributaries could be closed to recreational boaters.

At an August 1 meeting of its Board of Directors, RBOC identified specific, boater-related concerns with the Notice of Determination (NOD) for the California WaterFix environmental analysis.  These include:

• The significant, negative impact that will occur with the closure of waterways to navigation during the lengthy construction period.

• The absence of a plan to ensure that the Delta infrastructure will not only be preserved, but improved.

• The lack of surety that the plan will address the threat that climate change and increased water transfer pose to the amount and quality of water in the Delta.

“We are encouraging the state to consider other sources of water such as increased storage and desalination,” stated Robertson.

RBOC Works to Protect Boating, Files Concerns with California WaterFix EIR/EIS

RBOC has filed its concerns with the negative impact that the California WaterFIx would have on the ability of recreational boaters to navigate and recreate in the Sacramento—San Joaquin Delta.  Of particular note:

1. There has been insufficient time to review the responses to RBOC and other comments that were submitted as far back as 2013.

RBOC is therefore urging that the public comment deadline on the 2016 Final BDCP/California WaterFix EIR/EIS be extended.

Based on our initial review of the responses to RBOC’s comments, our organization believes that many responses are insufficient, ambiguous and/or unresponsive.

2.    As discussed in the 2016 Final BDCP/California WaterFix EIR/EIS, the California WaterFix would severely restrict navigable waterways during construction of the twin tunnels.

This is contrary to the California State Constitution, Article 10, Section 4 of which provides that “No individual, partnership, or corporation, claiming or possessing the frontage or tidal lands of a harbor, bay, inlet, estuary, or other navigable water in this State, shall be permitted to exclude the right of way to such water whenever it is required for any public purpose, nor to destroy or obstruct the free navigation of such water; and the Legislature shall enact such laws as will give the most liberal construction to this provision, so that access to the navigable waters of this State shall be always attainable for the people thereof.”

3.  The planned temporary closure of significant recreational waterways including Twin Sloughs and Mildred Island are unacceptable, unmitigated and unconstitutional.

RBOC's concerns have been filed within the public comments on the 2016 Final BDCP/California WaterFix EIR/EIS. This is in addition to extensive comments that RBOC has submitted within this proceding in an effort to protect the ability of recreational boaters to navigate and recreate in the Sacramento-San Joaquin Delta.