Sacramento-San Joaquin Bay-Delta Estuary D-1641 Salinity Monitoring and Compliance Program

HISTORY OF SOUTHERN DELTA SALINITY ISSUES THROUGH MARCH 2000

(taken from Order WR 2006-0006 Figure 2)

1958-1970
State Water Board Adopts Decisions Approving Permits for the CVP: During a twelve-year period the State Water Board adopted six difference decisions (Decisions 893, 990, 1020, 1250, 1308, and 1356) approving permits for various components of the federal CVP operated by USBR. The permits issued as a result of the decisions included a term by which the Water Board reserved jurisdiction to revisit salinity control requirements. (Decision 893, p. 71, Condition 12; Decision 990, p. 86, Condition 25; Decision 1020, p. 21, Condition 9; Order Extending Time in Which to Formulate Terms and Conditions Relative to Salinity Control Pursuant to Decision 990 and Decision 1020, p. 2; Decision 1250, p. 5, Condition 9; Decision 1308, p. 11-12, Condition 8; Decision 1356, p. 17, Condition 21.)

1967
State Water Board Adopts Decision 1275: In Decision 1275, the State Water Board approved permits for DWR’s SWP and conditioned the permits on meeting water quality criteria at several Delta locations. The State Water Board included permit conditions reserving the State Water Board’s jurisdiction to address salinity control in the Delta. (Decision 1275, p. 40-42, Conditions 15, 16a, and 19.)

1973
State Water Board Adopts Decision 1422: Decision 1422 approved the permits for USBR’s New Melones Reservoir on the Stanislaus River and conditioned the permits on meeting total dissolved solids of 500 parts per million (~833 mmhos/cm EC) on the San Joaquin River at Vernalis. (Decision 1275, p. 31, Condition 5.)

1976
University of California Conducts Study on Effects of Salinity on Delta Crops: The University of California calculated the maximum salinity of applied water which sustains 100 percent yields of two important salt sensitive crops grown in the southern Delta (beans during the summer irrigation season and alfalfa during the winter irrigation season), in conditions typical of the southern Delta. (1978 Water Quality Control Plan for the Sacramento-San Joaquin Delta and Suisun Marsh (1978 Plan), p. VI-19.)

1978
State Water Board Adopts 1978 Plan and Decision 1485: Based on the conclusions of the University of California crop study, the State Water Board, in the 1978 Plan, established the salinity objectives in effect today. Specifically, it found that to protect southern Delta agriculture it was necessary to maintain a 30-day running average salinity objective of 0.7 mmhos/cm EC from April through August and 1.0 mmhos/cm EC from September through March at four locations in the southern Delta: (1) the San Joaquin River at Vernalis, (2) San Joaquin River at Brandt Bridge, (3) Old River near Middle River, and (4) Old River at Tracy Road. (1978 Plan, p. VI-29.) The State Water Board believed that the most practical solution for long-term protection of southern Delta agriculture was the construction of physical facilities to provide adequate circulation and substitute supplies, but negotiations concerning these facilities were underway at the time Decision 1485 was under consideration. (1978 Plan, p. VI-23; Decision 1485 p. 11.) Therefore, the State Water Board did not allocate responsibility for the 1978 Plan southern Delta EC objectives in Decision 1485. The 1978 Plan and Decision 1485 state that if contracts to ensure the water supplies and facilities mentioned above are not executed by January 1, 1980, the State Water Board will take appropriate enforcement actions to prevent encroachment on riparian rights in the southern Delta. (1978 Plan, p. VI-6; Decision 1485, p.28, Condition 8.) Contracts were not negotiated, but SDWA asked the State Water Board to delay taking action.

1991
State Water Board Adopts 1991 Water Quality Control Plan for Salinity for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (1991 Plan): The State Water Board did not change the southern Delta EC objectives in the 1991 Plan from the objectives in the 1978 Plan. However, because of on-going negotiations among DWR, USBR, and SDWA, the State Water Board established a staged implementation plan for the objectives with two interim stages and a final stage. The final stage, to be implemented no later than 1996, required implementation of a 30-day running average EC at all four southern Delta locations (Vernalis, Brandt Bridge, Old River near Middle River, and Old River at Tracy Road) of 0.7 between April and August and 1.0 between September and March for all year-types. The 1991 Plan also stated that if a three-party contract has been implemented among DWR, USBR, and SDWA, that contract will be reviewed prior to implementation of the southern Delta EC objectives and, after also considering the needs of other beneficial uses, revisions will be made to the objectives and compliance/monitoring locations noted, as appropriate. (1995 Plan, Table 1-1, p. 4 and 8.)

1995
State Water Board Adopts the 1995 Water Quality Control Plan for the San Francisco Bay/ Sacramento-San Joaquin Delta Estuary (1995 Plan): The State Water Board did not change the southern Delta EC objectives in the 1995 Plan from the objectives in the 1991 Plan except that the effective date of the objectives at the Old River sites was extended from January 1, 1996 to December 31, 1997. The 1995 Plan includes the same condition as the 1991 Plan regarding review of the objectives upon execution of a three-party agreement. (1995 Plan, p. 17.)

1995
State Water Board Adopts Order 95-6: The State Water Board temporarily amended DWR’s and USBR’s water rights for the SWP and the CVP to be consistent with the 1995 Plan. This order allowed DWR and USBR to operate the SWP and CVP in accordance with the 1995 Plan while the State Water Board prepared a long-term water right decision to implement the plan. Among other requirements, the order required USBR to release conserved water from New Melones Reservoir to comply with the 1995 Plan Vernalis EC objectives. The order was to expire on December 31, 1998 or upon adoption by the State Water Board of a long-term water right decision implementing the 1995 Plan. (Order 95-6, p. 51-52.)

1998
State Water Board Adopts Order 98-9: The State Water Board continued the temporary terms and conditions set forth in Order 95-6. The order was to expire on December 31, 1999 or upon adoption by the State Water Board of a long-term water right decision implementing the 1995 Plan. (Order 98-9, p. 23-24.)

1998 to 1999
State Water Board Conducts Hearings to Implement 1995 Plan: The State Water Board held over 80 days of hearing on how to best implement the objectives in the 1995 Plan. The State Water Board received evidence that permanent operable barriers to be constructed in the southern Delta by 2005 would significantly improve southern Delta salinity. (Decision 1641, p. 88.)

December 1999 and March 2000
State Water Board Adopts Decision 1641 and Revises it in Response to Petitions for Reconsideration: The State Water Board assigned sole responsibility to USBR for meeting the Vernalis EC objectives and DWR and USBR for meeting the EC objectives at Brandt Bridge, Old River near Middle River, and Old River at Tracy Road. Decision 1641 immediately implemented the Vernalis objectives and implemented a year round objective of 1.0 EC at the interior southern Delta stations until April of 2005. After April of 2005, Decision 1641 requires implementation of 0.7 EC during April through August unless permanent barriers or equivalent measures are completed and a plan to protect agriculture is approved, in which case the required objective is 1.0 EC. (Decision 1641, p. 159-160 and Table 2, p. 182.) Decision 1641 also approved use by DWR and USBR of each other’s points of diversion (JPOD) subject to completion by DWR and USBR and approval by the Division Chief of mitigation requirements including a WQRP. (Decision 1641, p. 150-153; 155-158.)