Delta Reform Act of 2009

Delta Reform Act of 2009
Name	Delta Reform Act of 2009
Enacted by	111th United States Congress
Effective date	2009
Short title	Delta Reform Act
Long title	An Act to establish a governance structure for comprehensive protection of the Sacramento–San Joaquin Delta
Enacted	2009

Delta Reform Act of 2009

The Delta Reform Act of 2009 is a United States federal statute enacted by the 111th United States Congress and signed into law by Barack Obama that restructured policy for the Sacramento–San Joaquin Delta region in California. It created institutional mechanisms to reconcile competing objectives associated with water supply reliability, Endangered Species Act compliance, flood protection, and ecosystem restoration, including formation of the Delta Stewardship Council. The Act followed decades of litigation, administrative action, and legislative debate involving entities such as the California Department of Water Resources, the United States Bureau of Reclamation, and environmental organizations including the Natural Resources Defense Council and Sierra Club.

Background and Legislative History

The Act emerged from a policy history linking the Central Valley Project, the State Water Project, and landmark litigation including Natural Resources Defense Council v. Rodgers and Friends of the River v. Department of Water Resources. Debates leading to the Act invoked the California Water Code, the Endangered Species Act, and recommendations from commissions such as the Little Hoover Commission and the CALFED Bay-Delta Program. Legislative sponsors and committee deliberations in the United States House of Representatives and the United States Senate occurred alongside executive branch input from the Environmental Protection Agency, the United States Fish and Wildlife Service, and the National Marine Fisheries Service. High-profile events such as droughts in the 2000s California drought and court rulings from the United States District Court for the Eastern District of California and the United States Court of Appeals for the Ninth Circuit shaped the timing and content of the statute.

Provisions and Objectives

Key provisions established a co-equal set of objectives: water supply reliability for municipal, agricultural, and industrial users; protection and restoration of the Delta ecosystem, including species listed under the Endangered Species Act like Delta smelt and Chinook salmon; and enhancement of the Delta as a vital hub connecting the San Francisco Bay and inland waterways. The Act created the Delta Stewardship Council with a mandate to adopt a federally cognizable Delta Plan and performance measures akin to requirements under the National Environmental Policy Act and coordination with California Environmental Quality Act processes. It directed integration with existing programs such as CALFED and coordination among agencies including the California Natural Resources Agency, California Department of Fish and Wildlife, and the United States Bureau of Reclamation.

Governance and Implementation Framework

The governance model centralized planning via the Delta Stewardship Council while preserving roles for agencies like the California Water Resources Control Board, the State Water Project, and the United States Army Corps of Engineers. Institutional mechanisms included mandatory consistency requirements for state and local plans with the Delta Plan, appointment procedures resembling those in California Government Code provisions, and advisory roles for stakeholders including Metropolitan Water District of Southern California, the Association of California Water Agencies, and agricultural interests represented by groups such as the California Farm Bureau Federation. Implementation relied on interagency memoranda of understanding, adaptive management concepts from the National Research Council, and performance tracking similar to federal Government Accountability Office recommendations.

Funding and Budgetary Implications

The Act authorized funding streams through state appropriations, fee mechanisms, and potential federal grants tied to programs administered by the United States Department of the Interior and the United States Environmental Protection Agency. Budgetary impacts interacted with the California state budget process, bond measures such as propositions modeled on Proposition 1 (2014), and funding allocations to projects executed by agencies including the California Department of Water Resources and the United States Bureau of Reclamation. Fiscal debates touched agencies’ capital budgets, operations and maintenance obligations for infrastructure like the Delta Mendota Canal, and long-term financing for ecosystem restoration projects championed by organizations including the The Nature Conservancy.

Environmental and Water Management Impacts

The Act influenced project planning for conveyance options such as peripheral canals and tunnels debated since the Peripheral Canal controversy and proposals like the Delta Conveyance Project. It affected regulatory outcomes for Delta smelt and steelhead trout through coordinated biological opinions issued by the National Marine Fisheries Service and United States Fish and Wildlife Service. Environmental outcomes were monitored against metrics for habitat restoration, salinity control, and fish passage improvements consistent with science from institutions like the University of California, Davis and the Scripps Institution of Oceanography. Impacts on water quality intersected with regulatory actions by the State Water Resources Control Board and public health considerations highlighted by Centers for Disease Control and Prevention guidance in related contexts.

Stakeholder Response and Controversies

Responses spanned support from conservation groups such as Natural Resources Defense Council and opposition from some regional water districts including the South Delta Water Agency. Controversies encompassed disputes over governance authority, project prioritization exemplified by debates around the Bay Delta Conservation Plan, litigation in courts including the California Supreme Court, and disagreements between urban agencies like San Francisco Public Utilities Commission and agricultural interests represented by the California Farm Bureau Federation. Political figures including Arnold Schwarzenegger and federal legislators weighed in during policy formation, while media outlets and advocacy groups amplified contention over costs, property rights, and species protections.

Subsequent Amendments and Outcomes

Post-enactment developments included adaptation of the Delta Plan, judicial review outcomes in state and federal courts, incorporation of findings from scientific reviews by the National Academy of Sciences, and legislative adjustments at the California Legislature and in federal appropriations processes by the United States Congress. Implementation has continued to evolve through project approvals, funding measures such as state bonds endorsed by voters, and ongoing negotiation among entities including the Delta Stewardship Council, California Natural Resources Agency, and federal partners such as the United States Bureau of Reclamation. Outcomes remain subject to monitoring, adaptive management, and future statutory or regulatory changes reflecting new science and political consensus.

Category:United States federal environmental legislation Category:Water law in California