October 15, 2009

Dear Legislator,

Last Friday we wrote to Assembly Speaker Bass and Senate Pro Tem Steinberg with regard to SB 68, the
package of water policy bills that remains under consideration in the State Legislature. Our organizations
and others supported the package that emerged at the end of session on September 11, and continue to
work to secure its enactment if possible.

Since last week, we understand that discussions have continued with regard to a number of critical issues
of substantial importance to our organizations and our many members, and we therefore want to make
sure to be clear about our positions on live issues. Our organizations have already stretched to come to
agreement on SB 68 as introduced. As such it includes a series of legislative compromises that would not
be the first policy choice from the perspective of our organizations.

We, nevertheless, supported that package because we believe strongly in the provisions of the package as
a whole that have the potential to break the cycle of conflict and environmental damage that have plagued
California’s water management system for decades. These include but are not limited to:

The groundwater monitoring program, which is a reasonably modest approach, particularly

when compared to groundwater regulation throughout other western states such as Idaho and
Texas. To maintain the integrity of this provision it must be mandatory, DWR must have
enforcement capabilities and there must be meaningful penalties;
Substantially increased enforcement capacity at the State Board to address the pernicious
problem of illegal diversions and permit violations, including the ability of the Board to address
particularly egregious problems expeditiously and effectively without having to rely entirely on
the courts. To maintain the integrity of this provision, enforcement staff in the water rights
division at SWRCB must be increased by 50 permanent positions with guaranteed future funding,
and penalties for illegal diversions or permit violations must be substantial and reflect the market
rate of water;
The provisions to require the State Board to develop public trust flow determinations which are
the foundation of any meaningful effort to restore and sustain the Delta estuary and our salmon
fisheries, which were included in the September 11, 2009 version of SB 68, cannot be modified in
any way;
 A comprehensive and enforceable water conservation program that addresses industrial and
agricultural as well as urban water use, including changes agreed to, to date. Under no
circumstances can this portion of the bill compromise the waste and reasonable use provisions of
existing state water law, or reduce the flexibility afforded under current law for local agencies to
adopt higher efficiency standards to guarantee water supply reliability and service to all
customers;
A Delta Stewardship Council with balanced membership between gubernatorial and
legislative appointees with staggered terms. Further, we would oppose any effort to exempt
projects within the primary or secondary zone of the Delta from the Council’s consistency
review.
A Delta Conservancy with the authority to acquire lands in fee title from willing sellers for
purposes of restoration and conservation.

Our continued support for the Delta water policy package hinges on maintaining these elements in the
water package, particularly since it already includes substantial policy concessions. Furthermore,
discussion continues about a water bond with billions for new storage continuously appropriated and
potential loss of funds for ecosystem restoration. We remain ready to work with the State Legislature on
this important bill that moves toward reducing reliance on the Delta and provides opportunities for water
supply alternatives, but it is essential that it provide substantial ecosystem benefits, and no weakening of
existing law, to ensure our support. Thank you again for your efforts on behalf of Californians who drink
water, farmers who irrigate with it, fish that swim in it, ecosystems that depend on it and more.

Sincerely,

Dan Taylor
Audubon California Ann Notthoff
Natural Resources Defense
Council

Cynthia Koehler
Environmental Defense Fund Kim Delfino
Defenders of Wildlife

Leo Winternitz
The Nature Conservancy
Gary Bobker
The Bay Institute