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ADOPT A RESOLUTION APPROVING AN ADDENDUM TO THE 2005 DELTA WATER SUPPLY PROJECT ENVIRONMENTAL IMPACT REPORT AND THE CONTINUED OPERATION OF THE DELTA WATER SUPPLY PROJECT UNTIL 2050 (ALL DISTRICTS - CITYWIDE)
recommended action
RECOMMENDATION
Staff recommends that the City Council approve and adopt a Resolution to:
1. Approve the Addendum to the certified 2005 Environmental Impact Report (EIR) for the Delta Water Supply Project (DWSP) (State Clearinghouse No. 2003112060), pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15164, to support the Petition for Extension of Time for Water Right Permit 21176.
2. Approve the continued operation of the DWSP to 2050, subject to any conditions imposed by the State Water Resources Control Board (SWRCB) in approving the Petition for Extension of Time for Permit 21176 and any requisite permits.
It is further recommended that the Director of Municipal Utilities be authorized to take appropriate and necessary actions to carry out the purpose and intent of the Resolution.
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Summary
In 2005, the City certified a Program Environment Impact Report (EIR) for the Delta Water Supply Project (DWSP EIR) pursuant to CEQA. In 2006, the SWRCB approved Water Right Permit 21176, authorizing the City to divert up to 33,600 acre-feet per year from the San Joaquin River for municipal and industrial purposes within the City of Stockton Metropolitan Area, with a deadline to put the water to beneficial use by December 31, 2020. The City timely filed a Petition for Extension of Time (Petition) in 2020 for a twenty-year extension. The SWRCB extended the Petition to a thirty-year extension upon its notice in 2025, with a deadline of December 31, 2050.
The addendum evaluates whether the Petition may cause significant effects on the environment that were not analyzed as potentially significant effects in the certified DWSP EIR, or for which substantial new information shows that identified effects would be substantially more severe than described in the certified DWSP EIR. The addendum and its attached documents constitute substantial evidence supporting the conclusion that preparation of a supplemental or subsequent EIR is not required prior to approval of the Petition and provide the required documentation under CEQA.
DISCUSSION
Background
The addendum is prepared in accordance with Public Resources Code section 21166 and CEQA Guidelines sections 15152 and 15156 to evaluate whether the Petition may cause significant effects not previously analyzed, or whether new information indicates significant effects previously examined would be substantially more severe than those described in the certified DWSP EIR. It is not required that an addendum be circulated for public review. The addendum must be considered by the decision-making body with the Final EIR prior to action and must include a brief explanation of the decision not to prepare an EIR.
Approval of the Petition would allow the City to continue diversions through December 31, 2050, up to the permitted maximum diversion, while continuing to operate in accordance with the conditions of Permit 21176 and applicable permits and requirements. There would be no physical modifications to the DWSP or other physical changes to the environment beyond those described and analyzed in the DWSP EIR, and the City would continue to divert water in accordance with Permit 21176.
After the City’s approval of the DWSP EIR, the United States Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW) imposed additional conditions on the DWSP through a USFWS Biological Opinion (BiOp) in 2007 and a CDFW Incidental Take Permit (ITP) in 2009. Further, in July 2023, the City hired Environmental Science Associates (ESA) to prepare an ESA Smelt Entrainment Evaluation. The addendum concludes that the findings in the BiOp, ITP, and ESA Smelt Entrainment Evaluation provide substantial evidence supporting a determination that the Petition will not result in any new or substantially more severe impacts than those identified in the EIR.
The DWSP EIR also evaluated water quality impacts. The addendum concludes that there is no substantial evidence that the continued operation of the DWSP with diversions up to the Permit limits will result in a new or significant impact to Delta inflow or outflow, river outflow hydrologic conditions, or CVP-SWP reservoir operations and deliveries. The addendum also demonstrates that the City’s diversions, limited by conditions in the BiOp and ITP, remain protective of water quality and biological resources, even with the occurrence of harmful algae blooms in the Delta. These facts, and reasonable assumptions based on facts, are substantial evidence that support a determination that the continued diversion of water under the Petition will not result in new or substantially more severe significant impacts than those identified in the DWSP EIR.
Present Situation
The City has determined that the Petition would not have new or substantially more severe significant effects on the environment that have not already been addressed by the certified Stockton DWSP Program EIR (SCH No. 2003112060), no substantial changes have occurred with respect to the circumstances under which the Project will be undertaken, and no new information of substantial importance to the Project has been identified. However, minor technical changes or additions are necessary, and in accordance with CEQA Guidelines section 15164, an addendum has been prepared.
The Petition will not have any new or substantially more severe significant effects on the environment. Staff recommend that the City Council adopt a Resolution to adopt the findings within the Addendum to the DWSP Final EIR and approve the continued operation of the DWSP to 2050, subject to any conditions imposed by the SWRCB in approving the Petition for Extension of Time for Permit 21176 and any requisite permits.
FINANCIAL SUMMARY
If approved by the City Council, the Petition would allow the City to continue diversions through December 31, 2050, up to the permitted maximum diversion, while continuing to operate in accordance with the conditions of Permit 21176 and applicable permits and requirements.
This action has no impact on the General Fund or any other unrestricted funds.