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With California’s driest months ahead, Governor Edmund G. Brown Jr. today issued an executive order to strengthen the state’s ability to manage water and habitat effectively in drought conditions and called on all Californians to redouble their efforts to conserve water.

“The driest months are still to come in California and extreme drought conditions will get worse,” said Governor Brown. “This order cuts red tape to help get water to farmers more quickly, ensure communities have safe drinking water, protect vulnerable species and prepare for an extreme fire season. I call on every city, every community, every Californian to conserve water in every way possible.”

In January, the Governor declared a drought state of emergency. Since then, state water officials say that reservoirs, rainfall totals and the snowpack remain critically low. Current electronic readings show the snowpack’s statewide water content at just 16 percent of average.

In the order, Governor Brown directs the Department of Water Resources and the State Water Resources Control Board to expedite approvals of voluntary water transfers to assist farmers. He also directs the California Department of Fish and Wildlife to accelerate monitoring of drought impacts on winter-run Chinook salmon in the Sacramento River and its tributaries, and to execute habitat restoration projects that will help fish weather the on-going drought.

To respond to the increased threat of wildfire season, the order streamlines contracting rules for the Governor’s Office of Emergency Services and CALFIRE for equipment purchases and enables landowners to quickly clear brush and dead, dying or diseased trees that increase fire danger.

The order also calls on Californians and California businesses to take specific actions to avoid wasting water, including limiting lawn watering and car washing; recommends that schools, parks and golf courses limit the use of potable water for irrigation; and asks that hotels and restaurants give customers options to conserve water by only serving water upon request and other measures. The order also prevents homeowner associations from fining residents that limit their lawn watering and take other conservation measures.

The order provides a limited waiver of the California Environmental Quality Act for several actions that will limit harm from the drought.  This waiver will enable these urgently needed actions to take place quickly and will remain in place through the end of 2014.

Last December, the Governor formed a Drought Task Force to closely manage precious water supplies, to expand water conservation wherever possible and to quickly respond to emerging drought impacts throughout the state.  In May 2013, Governor Brown issued an Executive Order to direct state water officials to expedite the review and processing of voluntary transfers of water.

Governor Brown has called on all Californians to reduce their water use by 20 percent – visit SaveOurH2O.org to find out how everyone can do their part, and visit Drought.CA.Gov to learn more about how California is dealing with the effects of the drought.

The text of the executive order is below:

A PROCLAMATION OF A CONTINUED STATE OF EMERGENCY

WHEREAS on January 17, 2014, I proclaimed a State of Emergency to exist in the State of California due to severe drought conditions; and

WHEREAS state government has taken expedited actions as directed in that Proclamation to minimize harm from the drought; and

WHEREAS California’s water supplies continue to be severely depleted despite a limited amount of rain and snowfall since January, with very limited snowpack in the Sierra Nevada mountains, decreased water levels in California’s reservoirs, and reduced flows in the state’s rivers; and

WHEREAS drought conditions have persisted for the last three years and the duration of this drought is unknown; and

WHEREAS the severe drought conditions continue to present urgent challenges: water shortages in communities across the state, greatly increased wildfire activity, diminished water for agricultural production, degraded habitat for many fish and wildlife species, threat of saltwater contamination of large fresh water supplies conveyed through the Sacramento-San Joaquin Bay Delta, and additional water scarcity if drought conditions continue into 2015; and

WHEREAS additional expedited actions are needed to reduce the harmful impacts from the drought as the state heads into several months of typically dry conditions; and

WHEREAS the magnitude of the severe drought conditions continues to present threats beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to combat; and

WHEREAS under the provisions of section 8558(b) of the Government Code, I find that conditions of extreme peril to the safety of persons and property continue to exist in California due to water shortage and drought conditions with which local authority is unable to cope; and

WHEREAS under the provisions of section 8571 of the Government Code, I find that strict compliance with the various statutes and regulations specified in this proclamation would prevent, hinder, or delay the mitigation of the effects of the drought.

NOW, THEREFORE, I, EDMUND G. BROWN JR., Governor of the State of California, in accordance with the authority vested in me by the Constitution and statutes of the State of California, including the Emergency Services Act and in particular Government Code section 8567, do hereby issue this Executive Order, effective immediately, to mitigate the effects of the drought conditions upon the people and property within the State of California.

IT IS HEREBY ORDERED THAT:

1. The orders and provisions contained in Proclamation No. 1-17-2014, dated January 17, 2014, remain in full force and effect except as modified herein.

2. The Department of Water Resources and the State Water Resources Control Board (Water Board) will immediately and expeditiously process requests to move water to areas of need, including requests involving voluntary water transfers, forbearance agreements, water exchanges, or other means. If necessary, the Department will request that the Water Board consider changes to water right permits to enable such voluntary movements of water.

3. Recognizing the tremendous importance of conserving water during this drought, all California residents should refrain from wasting water:

a. Avoid using water to clean sidewalks, driveways, parking lots and other hardscapes.

b. Turn off fountains and other decorative water features unless recycled or grey water is available.

c. Limit vehicle washing at home by patronizing local carwashes that use recycled water.

d. Limit outdoor watering of lawns and landscaping to no more than two times a week.

Recreational facilities, such as city parks and golf courses, and large institutional complexes, such as schools, business parks and campuses, should immediately implement water reduction plans to reduce the use of potable water for outdoor irrigation.

Commercial establishments such as hotel and restaurants should take steps to reduce water usage and increase public awareness of the drought through measures such as offering drinking water only upon request and providing customers with options to avoid daily washing of towels or sheets.

Professional sports facilities, such as basketball arenas, football, soccer, and baseball stadiums, and hockey rinks should reduce water usage and increase public awareness of the drought by reducing the use of potable water for outdoor irrigation and encouraging conservation by spectators.

The Water Board shall direct urban water suppliers that are not already implementing drought response plans to limit outdoor irrigation and other wasteful water practices such as those identified in this Executive Order.   The Water Board will request by June 15 an update from urban water agencies on their actions to reduce water usage and the effectiveness of these efforts. The Water Board is directed to adopt emergency regulations as it deems necessary, pursuant to Water Code section 1058.5, to implement this directive.  Californians can learn more about conserving water from the Save Our Water campaign (SaveOurH2O.org).

4. Homeowners Associations (commonly known as HOAs) have reportedly fined or threatened to fine homeowners who comply with water conservation measures adopted by a public agency or private water company. To prevent this practice, pursuant to Government Code section 8567, I order that any provision of the governing document, architectural or landscaping guidelines, or policies of a common interest development will be void and unenforceable to the extent it has the effect of prohibiting compliance with the water-saving measures contained in this directive, or any conservation measure adopted by a public agency or private water company, any provision of Division 4, Part 5 (commencing with section 4000) of the Civil Code notwithstanding.

5. All state agencies that distribute funding for projects that impact water resources, including groundwater resources, will require recipients of future financial assistance to have appropriate conservation and efficiency programs in place.

6. The Department of Fish and Wildlife will immediately implement monitoring of winter-run Chinook salmon in the Sacramento River and its tributaries, as well as several runs of salmon and species of smelt in the Delta as described in the April 8, 2014 Drought Operations Plan.

7. The Department of Fish and Wildlife will implement projects that respond to drought conditions through habitat restoration and through water infrastructure projects on property owned or managed by the Department of Fish and Wildlife or the Department of Water Resources for the benefit of fish and wildlife impacted by the drought.

8. The Department of Fish and Wildlife will work with other state and federal agencies and with landowners in priority watersheds to protect threatened and endangered species and species of special concern and maximize the beneficial uses of scarce water supplies, including employment of voluntary agreements to secure instream flows, relocation of members of those species, or through other measures.

9. The Department of Water Resources will expedite the consideration and, where appropriate, the implementation, of pump-back delivery of water through the State Water Project on behalf of water districts.

10. The Water Board will adopt statewide general waste discharge requirements to facilitate the use of treated wastewater that meets standards set by the Department of Public Health, in order to reduce demand on potable water supplies.

11. The Department of Water Resources will conduct intensive outreach and provide technical assistance to local agencies in order to increase groundwater monitoring in areas where the drought has significant impacts, and develop updated contour maps where new data becomes available in order to more accurately capture changing groundwater levels. The Department will provide a public update by November 30 that identifies groundwater basins with water shortages, details remaining gaps in groundwater monitoring, and updates its monitoring of land subsidence and agricultural land fallowing.

12. The California Department of Public Health, the Office of Emergency Services, and the Office of Planning and Research will assist local agencies that the Department of Public Health has identified as vulnerable to acute drinking water shortages in implementing solutions to those water shortages.

13. The Department of Water Resources and the Water Board, in coordination with other state agencies, will provide appropriate assistance to public agencies or private water companies in establishing temporary water supply connections to mitigate effects of the drought.

14. For the protection of health, safety, and the environment, CAL FIRE, the Office of Emergency Services, the Department of Water Resources, and the Department of Public Health, where appropriate, may enter into contracts and arrangements for the procurement of materials, goods, and services necessary to quickly mitigate the effects of the drought.

15. Pursuant to the drought legislation I signed into law on March 1, 2014, by July 1, 2014, the California Department of Food and Agriculture, in consultation with the Department of Water Resources and Water Board, will establish and implement a program to provide financial incentives to agricultural operations to invest in water irrigation treatment and distribution systems that reduce water and energy use, augment supply, and increase water and energy efficiency in agricultural applications.

16. To assist landowners meet their responsibilities for removing dead, dying and diseased trees and to help landowners clear other trees and plants close to structures that increase fire danger, certain noticing requirements are suspended for these activities. Specifically, the requirement that any person who conducts timber operations pursuant to the exemptions in Title 14, California Code of Regulations sections 1038 (b) and (c) submit notices to CAL FIRE under the provisions of Title 14, California Code of Regulations, section 1038.2 is hereby suspended. Timber operations pursuant to sections 1038(b) and (c) may immediately commence operations upon submission of the required notice to CAL FIRE and without a copy of the Director’s notice of acceptance at the operating site. All other provisions of these regulations will remain in effect.

17. The Water Board will adopt and implement emergency regulations pursuant to Water Code section 1058.5, as it deems necessary to prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion of water, to promote water recycling or water conservation, and to require curtailment of diversions when water is not available under the diverter’s priority of right.

18. In order to ensure that equipment and services necessary for drought response can be procured quickly, the provisions of the Government Code and the Public Contract Code applicable to state contracts, including, but not limited to, advertising and competitive bidding requirements, are hereby suspended for directives 7 and 14. Approval by the Department of Finance is required prior to the execution of any contract entered into pursuant to these directives.

19. For several actions called for in this proclamation, environmental review required by the California Environmental Quality Act is suspended to allow these actions to take place as quickly as possible. Specifically, for actions taken by state agencies pursuant to directives 2, 3, 6­–10, 13, 15, and 17, for all actions taken pursuant to directive 12 when the Office of Planning and Research concurs that local action is required, and for all necessary permits needed to implement these respective actions, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division are hereby suspended. The entities implementing these directives will maintain on their websites a list of the activities or approvals for which these provisions are suspended. This suspension and that provided in paragraph 9 of the January 17, 2014 Proclamation will expire on December 31, 2014, except that actions started prior to that date shall not be subject to Division 13 for the time required to complete them.

20. For several actions called for in this proclamation, certain regulatory requirements of the Water Code are suspended to allow these actions to take place as quickly as possible. Specifically, for actions taken pursuant to directive 2, section 13247 of the Water Code is suspended. The 30-day comment period provided in section 1726(f) of the Water Code is also suspended for actions taken pursuant to directive 2, but the Water Board will provide for a 15-day comment period. For actions taken by state agencies pursuant to directives 6 and 7, Chapter 3 of Part 3 (commencing with section 85225) of the Water Code is suspended. The entities implementing these directives will maintain on their websites a list of the activities or approvals for which these provisions are suspended.

I FURTHER DIRECT that as soon as hereafter possible, this Proclamation shall be filed in the Office of the Secretary of State and that widespread publicity and notice be given to this Proclamation.

IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 25th day of April, 2014

                                               __________

EDMUND G. BROWN JR.

Governor of California

 

ATTEST:

 

__________________________________

DEBRA BOWEN

Secretary of State

 

 

Link to news release

By Elaine Corn

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Todd Allen walks his parched farm, which usually grows melons and wheat. Credit Peter DaSilva for The New York Times

By Stephanie Strom

This summer, Todd Allen’s only crop will be Pima cotton. He and his brother, Joel, usually also grow cantaloupes and, later in the season, winter wheat on about 600 acres or so. But this year, they and hundreds of others will get no water from the reservoirs that sustain farming in the Central Valley, where much of the nation’s fresh fruits, nuts and vegetables are grown.Mr. Allen says he will give his cotton crop just “one shot of water when it gets to a certain height.” So they will forgo melons. And a question mark hangs over winter wheat.

Heading into the third year of a prolonged drought, the Allens are among the many California farmers forced to make dire choices that could leave as much as 800,000 acres, or about 7 percent of the state’s cropland, fallow. While some think that estimate may be inflated so early in the planting season, the consensus is that drier and drier seasons are on the horizon. A recent report on prospective planting from the federal Department of Agriculture forecast a 20 percent decline in California’s rice crop and a 35 percent decline in cotton this year from last year’s crop. The decisions by farmers like the Allens will translate directly into higher prices at the grocery store.

Anywhere between one-third and one-half of the nation’s fruits and vegetables are grown in California, meaning Americans are facing higher prices on melons, broccoli, baby greens, almonds and other popular crops.

Last year, when growers struggled with low water allocations from the state’s two largest water systems, the Central Valley Project and the State Water Project, vegetable prices were 3 percent higher and fruits cost 2 percent more, according to the agricultural department. It expects similar price increases this year.

And while this is not the state’s worst drought on record (that was in the 1920s), there are greater demands today on what water there is. A booming population and a sharp increase in lucrative crops like berries and nuts that require more water strain the system. In addition, environmental laws put into effect after the last major drought, in the 1970s, to protect fish and wildlife habitats have reduced the amount of water going to farmers.

All told, more than three million acres of the nine million acres of irrigated farmland in the state will get no surface water this year other than rain, which has been scarce.

“So while we may have more water than we did in other droughts, it has to stretch further,” said Jay Lund, an engineering professor specializing in water resources and environmental planning and management at the University of California, Davis. He said this drought will rank somewhere between the third- to the sixth-worst on record. Rain did arrive at the end of last month, brightening fields and pastures along the coast and in the Central Valley and adding a few inches to the state’s depleted reservoirs.

“It’s been good for vegetation and kept the dust down, but it’s not enough to have a serious impact on our overall situation,” said Robert Roach, assistant commissioner of agriculture in Monterey County.

Farmers rely on a variety of sources depending on the location of their fields. In the Central Valley, most farmers contract to receive a specified amount of water from either the federal Central Valley Project or the State Water Project. But in drought years like this one, they may not receive a full allotment or even any water at all.

The state has already pledged $687 million to address the drought, with the federal government committing an additional $200 million. But much of that money will be used to improve the infrastructure for water collection and distribution — it cannot make rain. And on April 1, state and federal water and environmental officials announced that they would start pumping to capture some of the rain that had fallen recently in reservoirs, an attempt to respond to widespread criticism that environmental regulations aimed at protecting habitats and fish like salmon and smelt were allowing water to flow into the Pacific.

But officials said any captured water would most likely be put in storage in anticipation of a dry 2015. “Those that have a zero allocation applied to them right now, even if we have an improvement in the hydrology here in the near future, we don’t see that those numbers would go off zero,” said David Murillo, regional director of the United States Bureau of Reclamation.

Tensions have been high over the water allocations to farmers, with signs reading “Congress created this dust bowl” and “Politicians are responsible for the drought” lining Interstate 5 through the heart of the Central Valley.

“The fish are more important than our farms,” said Stephen F. Patricio, president of Westside Produce, which processes and markets melons.

The scarcity of water is driving up the price week to week. One grower who sold extra water for $1,500 an acre-foot about a month ago was offered $2,500 more recently. (An acre-foot is the amount it takes to cover one acre of ground a foot deep in water, or 325,851 gallons). “This sort of thing is causing some hard feelings because some of the families that have farmed here forever can’t afford to buy water while investors without any real ties to the land are driving up the price,” Mr. Patricio said.

Several insurance and pension funds have snapped up land in the Central and Pajaro Valleys and replaced traditional crops like spinach, melons and asparagus with ones requiring more water, like avocados, nuts and berries, which command premium prices thanks to soaring demand from baby boomers and the international market. The region produces twice as many almonds, roughly two billion pounds, as it did in 2006.

The boom in nut trees, water managers in the valleys say, has strained the state’s water resources even further. Brian Lockwood, senior hydrologist at the Pajaro Valley Water Management Agency, pointed to the strawberry fields that have largely displaced the apple orchards that used to be major producers in the Pajaro Valley.

“Apples need about a half acre-foot of water per acre, whereas strawberries take two or more acre-feet,” Mr. Lockwood said. “You can’t blame growers for seeking better-paying crops, but it has quadrupled water use per acreThus, strawberry farmers like Miguel Ramos are working to use water “reclaimed” from municipal waste water for their plants, which are just beginning to produce fruit. Mr. Ramos also is experimenting with growing strawberry plants in a medium derived from coconut fiber, which requires much less water.

Nut farmers defend their use of water, pointing out that they have a decades-long investment. “I am not a water hog,” said Ron Fisher, founder and chief executive of the Fisher Nut Company in Modesto, one of the 10 largest nut businesses in the country.

He will get three-quarters of his normal allotment from a water district, plus more from a contract he bought four years ago. “I lost money on it in the first two years, but last year and this year, it’s paying off,” Mr. Fisher said.He also has wells on the 1,000 acres of almond trees he owns. The company also processes and markets nuts from other growers. The well water, however, is higher in sodium and boron than is ideal. The trees “will tolerate it, but we may see some stunting and reduction in productivity,” he said.

Applications to drill new, deeper wells have increased tremendously, according to water district managers. But wells, which can cost from $500,000 to $1 million to drill, are only a stopgap measure, as Greg Beccio, owner of Happy Boy Farms, an organic business, knows.Last year, he got a reduced allocation of water from the Chowchilla Water District, which supplies several parcels he farms, so he began relying more heavily on wells. One, however, ran dry, in part because his neighbors were punching deeper wells into the ground. A crop of butternut squash on 15 acres yielded only half what it should have, he said.

This year, he plans instead to plant some tomatoes, melons and other crops in the Pajaro, which is a little less dry.

But he will still rely heavily on his wells — which means higher expenses. “Each well has its own P.G. & E. bill, remember,” Rod Braga, chief executive of Braga Fresh Family Farms, said, referring to Pacific Gas & Electric company.

Braga is a large grower of crops traditional to the Salinas Valley like celery, spinach, broccoli and iceberg lettuce, as well as things like chard, kale and beets. All of its water comes from wells that are fed by aquifers, which in turn are fed by two reservoirs that are county projects.

Those reservoirs, which rely on rainwater and snow melt for replenishment, were depleted completely last year, and they are not fully recharged now. And so, Mr. Braga has noticed that his well level has dropped a bit. “We rely on rainwater and two little reservoirs,” he said. “This year, we’re doing all right, but next year is going to be bleak.”

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