Restore the Delta Files Opposition to Newsom Delta Flows Waiver

For Immediate Release: 2/22/23

For more information contact: Tim Stroshane, 510-847-7556, tim@restorethedelta.org


SACRAMENTO, Calif. – Today, Restore the Delta filed a formal opposition letter regarding the new Temporary Use Change Permit for SF Bay-Delta operation announced last  by the Newsom Administration.

The RTD letter details opposition to the plan for four main reasons.

  • The TUCP would have unreasonable significant environmental impacts. 
  • The proposed TUCP is contrary to law because Petitioners failed to perform due diligence prior to submitting their petition.
  • The TUCP is not in the public interest.
  • The TUCP is contrary to law. 

Public comment deadline issued, then ignored

The initial issue notice of the proposed TUCP (2/13/23) gave the public until 2/23/23 to protest and object, but reserved right to approve the TUCP prior to that deadline. The State Water Board then approved the TUCP on 2/21/23.  Restore the Delta filed opposition anyway on 2/22/23 to preserve standing to petition for reconsideration. 

The letter concludes:
For these reasons we urge the Water Board to reject this TUCP as representing unreasonable diversions from public trust resources in the Delta, diversions which are not in the public interest, do not reflect due diligence by Petitioners, and which would cause unreasonable (because irreversible) environmental impacts to estuarine species and food webs—especially when it is likely that snowmelt will come at a better time this year than it has the last two.

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