Breakthrough reform of water policy

Nobody thought it could be done. "For decades this state was in a literal war over water, with old and deep divisions," said Gov. Arnold Schwarzenegger in his 2010 State of the State speech. Years of lawsuits had failed to resolve the angry feuds over water among California's cities, farmers and environmentalists.

The logjam finally broke in November 2009, when state lawmakers passed historic legislation to overhaul the state's antiquated water system.  Schwarzenegger hailed the reform as "the most comprehensive water package in nearly half a century."

EDF played a key role by bringing together sparring factions to fundamentally alter water policy and protect the beleaguered Bay-Delta ecosystem. But it is just the first step towards changing the state's outdated water policies. Now EDF's focus is on realizing our vision for saving the Bay-Delta as the legislation is implemented.

What the legislation does

The legislation codifies the idea that when it comes to managing the Bay-Delta, restoring the ecosystem is a goal on a par with providing reliable water supplies to cities and farms.

EDF has long argued that the critical first step toward a sustainable water policy is to make sure enough water is left in the Bay-Delta to safeguard fish and other wildlife that depend on it. After these needs are met, what remains can be withdrawn.

The following measures that EDF helped develop are included in the new policy reform package:

• Adequate water for the Delta. California’s environmental protection agency will determine the water flows that the Delta ecosystem needs to restore its health and remain healthy over the long term.


• Conservation is a cornerstone. The policy establishes a 20% reduction by 2020 for urban water use and sets new rules for agricultural water conservation.


• Stronger protection for the Bay-Delta ecosystem. The legislation creates a framework for a Bay Delta Conservation Plan to restore, in a timely manner, the Bay-Delta’s environmental health.


• Better coordinated governance. A Delta Stewardship Council will coordinate the activities of all agencies in preparing a comprehensive Delta plan.


• Smart use of underground water supplies. Until recently, California was the only Western state that did not monitor groundwater usage. Monitoring is an important first step that will help encourage communities to manage groundwater sustainably rather than deplete aquifers that supply as much as 30% of water used statewide in dry years.


• Ease pressure on the Delta ecosystem. The legislation requires a shift toward reliance on local water supplies rather than on the Delta for future water use. This is a historic change for a state that has relied on moving water long distances for 150 years.

The challenges ahead: Following through on a unique opportunity

Now that the Golden State has a strong blueprint for sustainable water use, EDF will work to make sure the plan delivers on its twin goals of restoring the Delta ecosystem and providing reliable water supplies for all Californians.

EDF California water legislative director Cynthia Koehler was a key negotiator on the Delta water package. She is working with legislators to implement the package successfully and to fend off moves that could undo the hard-won reforms.

Specifically, EDF will:

• Advocate strongly for the use of sound science to determine how much water is required to sustain fish and wildlife in the Bay-Delta.


• Encourage fair and efficient water markets to boost conservation and transfer water from willing sellers to its best use, particularly during drought years.


• Establish an environmental dividend so that the environment can benefit from these well-designed water transfers.


• Ensure that the highest restoration standards are met for the Delta's wildlife and ecosystem.