THE SECRETARY OF THE INTERIOR
WASHINGTON

 

APR 2 3 2020

The Honorable Dianne Feinstein
United States Senate
Washington, DC 20510

Dear Senator Feinstein:

I have reviewed your letters dated April 15, 2020, addressed to me and Governor Newsom
regarding California water management.

Rest assured that the Department of the Interior (Department) is continuing coordinated
operations between the Central Valley Project (CVP) and State Water Project (SWP) on a
minute, hourly, daily, and weekly basis with the State of California (State). Though it may seem
strange, given the contentious circumstances in which we have found ourselves, we are
nonetheless pleased that the State continues to participate with implementing actions associated
with our 2019 biological opinions. You have the Department?s full commitment that we will
continue these meetings to implement the 2019 biological opinions.

I agree with your long-held view of the need to improve California water supply reliability
through enhanced Central Valley Proj cot?State Water Project (CVP-SWP) operations. It is my
belief that a commitment to updated science employed in the proposed operational changes and
biological opinions will lead to improved water supply reliability to millions of Californians,
promote agricultural and industrial prosperity, and protect wildlife and other aquatic resources.
That has been the Department?s goal. Obviously, the State has chosen to move in a different
direction.

In your December 19th letter to Governor Newsom and me, you urged ?There is only one way to
avoid this potential crisis, and that is for the federal government and California to work

together.? Governor Newsom responded to your call by

I ?ling a lawsuit on February 20th against the Department for supposed violations related
to the 2019 biological opinions;

I proceeding to have the State issue its own incidental take permit (ITP) on March 30th
creating separate operating rules for the SWP, a document that is in direct con?ict with
the Federal permits; and

I ?ling, by the State through Attorney General Xavier Becerra, a motion for a preliminary
injunction and other pleadings on April 21 st regarding the CVP.

Given the extensive collaboration between the Federal and State agencies in the development of
the biological opinions, and the fact that these opinions are strongly grounded in the best
available science, I believe the State?s recent actions and litigation are ill-founded and potentially
unlawful.

Earlier this month, the Metropolitan Water District of Southern California Board (Metropolitan)
voted to initiate a lawsuit against the State regarding the ITP for long-term operation of the SWP
in the Sacramento~San Joaquin Delta. In a recent letter to the California Department of Fish and
Wildlife (DFW and the California Department of Water Resources (DWR), Metropolitan stated
that ?[t]he permit issued by DFW does not replace or eliminate the SWP obligation to comply
with federal BSA and the 2019 Biological Opinions.?

I agree with this statement; there can be no ?stand alone permit? apart from the Federal process
to protect species under the Endangered Species Act. I also agree with Metropolitan that there is
no technical or scienti?c justi?cation for concluding that the State?s ITP is better or more
protective than the Federal biological opinions simply because it does not seek to increase SWP
exports. I believe that the proposal of such limitations on water supply without legal or scienti?c
basis is contrary to our obligation to the people and environment.

I have always appreciated your thought?il recognition that prudent and science-based
management of California?s water, particularly the operations of the CVP and SWP, is critically
important for the State?s economy, communities, and natural environment.

Using over a decade of new scienti?c understanding and operational experience, the 2019
biological opinions approved new management actions. These new actions provide for the
protection of endangered and threatened ?sh species and their habitat, as well as better
management of cold-water supplies for the survival of winter-run Chinook salmon. The new
actions allow for more reliable delivery of water to California farmers, families, and
communities, while serving as a model for collaboration between water project operators and
?sheries experts in years to come.

As the California-initiated operations and litigation proceeds, I anticipate that the State and the
Department will face signi?cant administrative and operational challenges regarding the
intertwined operations of these two water projects, some of which have not been seriously
contemplated for decades. The result of this, and any litigation related to this matter, will be
further uncertainty for the water supplies of over 35 million people, including numerous
economically disadvantaged communities, farms, groundwater sustainability and ecosystems
dependent on these water sources.

I appreciate your continued communication as we move forward to better ensure water supply
reliability for the bene?t of the State?s working families, local communities, and environment. A
similar reply is being sent to the cosigners of your letter.

Sincerely,

Secretary of the Interior