California governor proposes fast-tracking water infrastructure projects

The plan would change the way the state deals with property acquisition and water rights permitting protests relative to water infrastructure projects.

California Gov. Gavin Newsom
In announcing a proposal that would “fast-track” water infrastructure upgrades, California Gov. Gavin Newsom said attempts modernize such critical projects “have stalled in endless red tape, burdened with unnecessary delay.”
(Photo courtesy of the office of California Gov. Gavin Newsom)

California Gov. Gavin Newsom unveiled a proposed addition to his state budget May 14 that would “fast-track” water infrastructure improvements. The presented changes would, among other things, change the way property acquisitions — including eminent domain — are dealt with relative to water infrastructure projects under the State Water Project. It would also change how protests to water rights permitting decisions are managed.

“For too long, attempts to modernize our critical water infrastructure have stalled in endless red tape, burdened with unnecessary delay,” Newsom said in a news release. “We’re done with barriers — our state needs to complete this project as soon as possible, so that we can better store and manage water to prepare for a hotter, drier future.”

The proposal includes several changes to existing law.

For example, it notes the state currently must appraise a property it seeks to acquire before negotiations start. The government must also provide a summary of how that appraisal was reached to the property owner. The proposal would exempt efforts by the State Water Resources Development Board to acquire property relative to the needs of water supply facilities from these requirements.

The proposal also notes that, under existing law, protests to water rights permitting decisions must meet certain requirements, including deadlines. While existing law “authorizes the board to cancel a protest, permit or petition” for failure to meet the specified requirements, the new proposal would require the cancellation.

“The proposals will allow the Department of Water Resources to move quickly through the permitting and land acquisition processes for the Delta Conveyance Project to allow the state’s most important water supply and climate adaptation project to move forward, saving years, and billions of dollars by avoiding further delay,” Ryan Endean, deputy director of communications for the California Department of Water Resources, told The Packer.

“The State Water Project delivers water to 750,000 acres of farmland,” he added. “Fast-tracking the Delta Conveyance Project will allow the system to more reliably deliver water to those agricultural regions — providing growers with a higher degree of water supply security — as we see more extreme swings between wet periods and drought.”

Endean said Newsom’s proposed budget will go to the California Legislature, which is required to pass the main budget by June 15. The same deadline is not required of trailer bills such as the new proposal.

“If approved by the Legislature and signed by the governor, the proposals would take effect later this summer,” said Endean, who added, “The target date for the start of [the Delta Conveyance Project’s] construction is 2029 and these proposals keep that target on track.”

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