02/27/2009 Print Version |
WHEREAS the State of California is now in its third consecutive year of drought; and
WHEREAS in each year of the current drought, annual rainfall and the water content in
the Sierra snowpack have been significantly below the amounts needed to fill
California’s reservoir system; and
WHEREAS the rainfall and snowpack deficits in each year of the current drought have put
California further and further behind in meeting its essential water needs; and
WHEREAS statewide, 2008 was the driest spring and summer on record, with rainfall 76
percent below average; and
WHEREAS the Sacramento and San Joaquin River systems, which provide much of the state’s
reservoir inflow, were classified as Critically Dry for the 2008 water year;
and
WHEREAS in the second year of this continuous drought, on June 4, 2008, I issued an
Executive Order proclaiming a statewide drought, and I ordered my
administration to begin taking action to address the water shortage; and
WHEREAS because emergency conditions existed in the Central Valley in the second year
of the drought, I issued an Emergency Proclamation on June 12, 2008, finding
that conditions of extreme peril to the safety of persons and property existed
in the counties of Sacramento, San Joaquin, Stanislaus, Merced, Madera, Fresno,
Kings, Tulare, and Kern caused by severe drought conditions, and I ordered my
administration to take emergency action to assist the Central Valley; and
WHEREAS the drought conditions and water delivery limitations identified in my prior
Executive Order and Emergency Proclamation still exist, and have become worse
in this third year of drought, creating emergency conditions not just in the
Central Valley, but throughout the State of California, as the adverse
environmental, economic, and social impacts of the drought cause widespread
harm to people, businesses, property, communities, wildlife and recreation; and
WHEREAS despite the recent rain and snow, the three year cumulative water deficit is so
large there is only a 15 percent chance that California will replenish its
water supply this year; and
WHEREAS in the time since the state’s last major drought in 1991, California added 9
million new residents, experienced a significant increase in the planting of
permanent, high-value crops not subject to fallowing, and was subjected to new
biological opinions that reduced the flexibility of water operations throughout
the year; and
WHEREAS because there is no way to know when the drought will end, further urgent
action is needed to address the water shortage and protect the people and
property in California; and
WHEREAS rainfall levels statewide for the 2008-2009 water year are 24 percent below
average as of the February 1, 2009 measurement; and
WHEREAS the second snow pack survey of the 2009 winter season indicated that snow pack
water content is 39 percent below normal; and
WHEREAS as of February 23, 2009, storage in the state’s reservoir system is at a historic
low, with Lake Oroville 70 percent below capacity, Shasta Lake 66 percent below
capacity, Folsom Lake 72 percent below capacity, and San Luis Reservoir 64
percent below capacity; and
WHEREAS low water levels in the state’s reservoir system have significantly reduced the
ability to generate hydropower, including a 62 percent reduction in hydropower
generation at Lake Oroville from October 1, 2008 to January 31, 2009; and
WHEREAS a biological opinion issued by the United States Fish and Wildlife Service on
December 15, 2008, imposed a 30 percent restriction on water deliveries from
the State Water Project and the Central Valley Project to protect Delta Smelt;
and
WHEREAS State Water Project water allocations have now been reduced to 15 percent of
requested deliveries, matching 1991 as the lowest water allocation year in
State Water Project history, and Central Valley Project water allocations for
agricultural users have now been reduced to zero; and
WHEREAS the lack of water has forced California farmers to abandon or leave unplanted
more than 100,000 acres of agricultural land; and
WHEREAS California farmers provide nearly half of the fresh fruits, nuts and vegetables
consumed by Americans, and the crop losses caused by the drought will increase
food prices, which will further adversely impact families and economies
throughout California and beyond our borders; and
WHEREAS agricultural revenue losses exceed $300 million to date and could exceed $2
billion in the coming season, with a total economic loss of nearly $3 billion
in 2009; and
WHEREAS it is expected that State Water Project and Central Valley Project water
delivery reductions will cause more than 80,000 lost jobs; and
WHEREAS the income and job losses will adversely impact entire communities and diverse
sectors of the economy supported by those jobs and income, including the
housing market and commercial business; and
WHEREAS these conditions are causing a loss of livelihood for many thousands of people,
an inability to provide for families, and increased harm to the communities
that depend on them; and
WHEREAS this loss of income and jobs will increase the number of defaults, foreclosures
and bankruptcies, and will cause a loss of businesses and property at a time
when Californians are already struggling with a nationwide and worldwide
economic downturn; and
WHEREAS the Central Valley town of Mendota, as one example, already reports an
unemployment rate of more than 40 percent and lines of a thousand or more for
food distribution; and
WHEREAS when jobs, property and businesses are lost, some families will move away from
their communities, causing further harm to local economies, lower enrollments
in local schools and reduced funding for schools; and
WHEREAS at least 18 local water agencies throughout the state have already implemented
mandatory water conservation measures, and 57 agencies have implemented other
water conservation programs or restrictions on water deliveries, with many
agencies considering additional rationing and water supply reductions in 2009;
and
WHEREAS the lack of water has forced local
communities to draw water from their emergency water reserves, putting
communities at risk of further catastrophe if emergency reserves are depleted
or cut off; and
WHEREAS the state recently endured one of its worst wildfire seasons in history and the
continuing drought conditions increase the risk of devastating fires and
reduced water supplies for fire suppression; and
WHEREAS on February 26, 2009, the United States Department of
Agriculture and the United States Department of Interior created a Federal
Drought Action Team to assist California to minimize the social, economic, and
environmental impacts of the current drought; and
WHEREAS the circumstances of the severe drought conditions, by reason of
their magnitude, are beyond the control of the services, personnel, equipment
and facilities of any single county, city and county, or city 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
California Government Code, I find that conditions of extreme peril to the
safety of persons and property exist in California caused by the current and
continuing severe drought conditions and water delivery restrictions.
NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the State of California, in
accordance with the authority vested in me by the California Constitution and
the California Emergency Services Act, and in particular California Government
Code sections 8625 and 8571, HEREBY PROCLAIM A STATE OF EMERGENCY to
exist in California.
IT IS HEREBY ORDERED that all agencies of the state government utilize and employ state personnel, equipment
and facilities for the performance of any and all activities consistent with
the direction of the California Emergency Management Agency (CalEMA) and the
State Emergency Plan.
I FURTHER DIRECT THAT:
1. The California Department of Water
Resources (DWR) shall, in partnership with other appropriate agencies, launch a
statewide water conservation campaign calling for all Californians to
immediately decrease their water use.
2. DWR shall implement the relevant
mitigation measures identified in the Environmental Water Account Environmental
Impact Report, Environmental Impact Statement, Supplement, and Addendums for
the water transfers made through the 2009 Drought Water Bank. In
addition, the California Air Resources Board shall, in cooperation with DWR and
other agencies, expedite permitting and development of mitigation measures
related to air quality impacts which may result from groundwater substitution
transfers.
3. DWR and the State Water Resources
Control Board (SWRCB) shall expedite the processing of water transfers and
related efforts by water users and suppliers that cannot participate in the
2009 Drought Water Bank, provided the water users and suppliers can demonstrate
that the transfer will not injure other legal users of water or cause
unreasonable effects on fish and wildlife.
4. The SWRCB shall expedite the
processing and consideration of the request by DWR for approval of the
consolidation of the places of use and points of diversion for the State Water Project
and federal Central Valley Project to allow flexibility among the projects and
to facilitate water transfers and exchanges.
5. DWR shall implement short-term
efforts to protect water quality or water supply, such as the installation of
temporary barriers in the Delta or temporary water supply connections.
6. The SWRCB shall expedite the
processing and consideration of requests by DWR to address water quality
standards in the Delta to help preserve cold water pools in upstream reservoirs
for salmon preservation and water supply.
7. To the extent allowed by applicable
law, state agencies within my administration shall prioritize and streamline
permitting and regulatory compliance actions for desalination, water
conservation and recycling projects that provide drought relief.
8. The Department of General Services
shall, in cooperation with other state agencies, immediately implement a water
use reduction plan for all state agencies and facilities. The plan shall
include immediate water conservation actions and retrofit programs for state
facilities. A moratorium shall be placed on all new landscaping projects
at state facilities and on state highways and roads except for those that use
water efficient irrigation, drought tolerant plants or non-irrigated erosion
control.
9. As a condition to receiving state
drought financial assistance or water transfers provided in response to this
emergency, urban water suppliers in the state shall be required to implement a
water shortage contingency analysis, as required by California Water Code
section 10632. DWR shall offer workshops and technical assistance to any
agency that has not yet prepared or implemented the water shortage contingency
analysis required by California law.
10. DWR shall offer technical
assistance to agricultural water suppliers and agricultural water users,
including information on managing water supplies to minimize economic impacts,
implementing efficient water management practices, and using technology such as
the California Irrigation Management Information System (CIMIS) to get the
greatest benefit from available water supplies.
11. The Department of Public Health
shall evaluate the adequacy of emergency interconnections among the state’s
public water systems, and provide technical assistance and continued financial
assistance from existing resources to improve or add interconnections.
12. DWR shall continue to monitor the
state’s groundwater conditions, and shall collect groundwater-level data and
other relevant information from water agencies, counties, and cities. It
is requested that water agencies, counties and cities cooperate with DWR by
providing the information needed to comply with this Proclamation.
13. DWR and the Department of Food and
Agriculture shall recommend, within 30 days from the date of this Proclamation,
measures to reduce the economic impacts of the drought, including but not
limited to, water transfers, through-Delta emergency transfers, water
conservation measures, efficient irrigation practices, and improvements to
CIMIS.
14. The Department of
Boating and Waterways shall recommend, within 30 days from the date of this
Proclamation, and in cooperation with the Department of Parks and Recreation,
measures to reduce the impacts of the drought conditions to water-based
recreation, including but not limited to, the relocation or extension of boat
ramps and assistance to marina owners.
15. The Labor and Workforce Development Agency shall
recommend, within 30 days from the date of this Proclamation, measures to
address the impact of the drought conditions on California’s labor market,
including but not limited to, identifying impacted areas, providing one-stop
service, assisting employers and workers facing layoffs, and providing job
training and financial assistance.
16. DWR and the Department of Food and
Agriculture shall be the lead agencies in working with the Federal Drought
Action Team to coordinate federal and state drought response activities.
17. The emergency exemptions in Public
Resources Code sections 21080(b)(3), 21080(b)(4) and 21172, and in California
Code of Regulations, title 14, section 15269(c), shall apply to all actions or
efforts consistent with this Proclamation that are taken to mitigate or respond
to this emergency. In addition, Water Code section 13247 is suspended to
allow expedited responses to this emergency that are consistent with this
Proclamation. The Secretary for the California Environmental Protection
Agency and the Secretary for the California Natural Resources Agency shall
determine which efforts fall within these exemptions and suspension, ensuring
that these exemptions and suspension serve the purposes of this Proclamation
while protecting the public and the environment. The Secretaries shall
maintain on their web sites a list of the actions taken in reliance on these
exemptions and suspension.
18. By March 30, 2009, DWR shall
provide me with an updated report on the state’s drought conditions and water
availability. If the emergency conditions have not been sufficiently
mitigated, I will consider issuing additional orders, which may include orders
pertaining to the following:
(a)
institution
of mandatory water rationing and mandatory reductions in water use;
(b) reoperation of major
reservoirs in the state to minimize impacts of the drought;
(c)
additional
regulatory relief or permit streamlining as allowed under the Emergency
Services Act; and
(d)
other
actions necessary to prevent, remedy or mitigate the effects of the extreme
drought conditions.
I FURTHER REQUEST THAT:
19. All urban water users immediately
increase their water conservation activities in an effort to reduce their
individual water use by 20 percent.
20. All agricultural water suppliers
and agricultural water users continue to implement, and seek additional
opportunities to immediately implement, appropriate efficient water management
practices in order to minimize economic impacts to agriculture and make the
best use of available water supplies.
21. Federal and local agencies also
implement water use reduction plans for facilities within their control,
including immediate water conservation efforts.
I FURTHER DIRECT that
as soon as hereafter possible, this proclamation be filed in the Office of the
Secretary of State and that widespread publicity and notice be given of 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 27th day of
February, 2009.
ARNOLD SCHWARZENEGGER
Governor of California
ATTEST:
DEBRA BOWEN
Secretary of State
