​​FLOOD WATCH

  • ​More Meetings on Oroville Repairs - DWR has scheduled another round of public meetings in July to update communities in the region on the construction activities and repair activities at Oroville spillway.
  • USACE & FEMA Accepting Applications for Federal Assistance - The U.S. Army Corps of Engineers (USACE) is accepting applications through May 5, 2017 for Public Law 84-99 (PL 84-99) levee rehabilitation assistance for State Plan of Flood Control (SPFC) facilities in the Sacramento River basin. Application period for other areas such as the Delta and San Joaquin River basin will be opened at a later date. Public agencies that have experienced storm damage and incurred emergency response expenses are eligible for federal reimbursement and encouraged to submit a Request for Public Assistance (RPA) application to the Governor’s Office of Emergency Services (CalOES) with a DUNS number. CalOES provides a program comparison chart and a guide and advisory describing the application process. Applications for assistance are due no later than April 25, 2017. CalOES has also scheduled a series of applicant briefings throughout the state (dates/locations above).
  • Bird's Eye View of 2017 Flood Damage - Recent news article provide aerial photos of flood damage experienced across the state during series of storms throughout January and February 2017. 
  • Oroville Spillway Situation - DWR has scheduled a series of public meetings on Oroville spillway, created a new Oroville Spillway Incidentwebsite, and released a Recovery Plan in response to emergency situation that started on February 7, 2017 with a large sinkhole in the spillway for Oroville Reservoir crumbled under the forces of flood control releases, resulting in a large portion of the cement canal washing away. Water crested over the emergency spillway for the first time in its history on February 12th, resulting in DWR announcing immediate threat of failure and County officials ordering evacuation of communities below. Evacuated residents received the OK to return home after DWR implemented measures to reduce water levels in the lake, and stabilize the emergency spillway and erosion. Activities are captured in photos. The repair and clean-up work of 1.7 million cubic yards of debris involves 160 DWR employees and 300-500 contractors, costing about $4.7 million per day. Costs are estimated to be $549 million:  $274 million for emergency response and $275 million for recovery. To expedite repairs, Governor Brown issued another executive order (EO B-39-17) on April 6th to streamline permitting requirements by suspending and waiving compliance with several state laws including CEQA. Contractor selected to repair spillway and controlled blasting planned at reconstruction site.  President Trump announced that California would be receiving about $540 million in federal assistance, including $274 million for clean-up and repairs at Oroville spillway, however FEMA may deny reimbursement if failure is due to pre-existing conditions related to inadequate maintenance being performed.
  • Governor Declares State of Emergency - On January 23, 2017 Governor Brown issued a proclamation declaring a state of emergency in 50 counties and directing CalOES to coordinate emergency response assistance to local agencies dealing with winter storm damage. He followed that up with additional emergency proclamation invoking his police powers to allow all state agencies to offer aid including activating the National Guard and requested President Trump to issue a Disaster Declaration for California.
  • Federal Emergency Assistance - CalOES report describes process for declaring flood emergencies as local, state, and federal level.  USACE is federal agency with jurisdiction to provide emergency levee repair assistance under PL 84-99 for SPFC project levees only, leaving FEMA with jurisdiction to provide emergency aid for counties and non-project levees through their Public Assistance Program.  A 1999 MOU between DWR/USACE describes how response to flood emergencies will be coordinated for floodfighting and repair of eligible project levees that are "Active" status in PL 84-99 Program. During a flood emergency, the Director of DWR serves as the official liaison with USACE.  FEMA assistance can only be provided for counties and non-project levees once Presidential Disaster Declaration is issued per the request of the Governor.  Levee repair in the Delta under FEMA's Public Assistance Program was previously conditioned on non-project levees meeting Bulletin 192-82 criteria described in MOU with CalOES, but FEMA notified State that MOU expired on December 8, 2012, so levee repair assistance in the Delta is currently uncertain.
  • CCVFCA Requests Clarification of FEMA Eligibility - Due to repetitive overtopping of levees in the Delta during the 1980s, FEMA established Bulletin 192-82 levee criteria in a MOU with CalOES as a condition for the Delta's non-project levees to remain eligible for repair.  However, FEMA but notified State that MOU expired in 2013, leaving uncertainty for the future.  RDs submitting claims to FEMA for recent levee damage from heavy rains and high winds causing slippage, sink holes, and overtopping will have to cross their fingers and hope their claims are not denied by FEMA.  CCVFCA sent a letter to CalOES asking for clarification regarding FEMA eligibility for repair of Delta non-project levees damaged in this year's flood season.


LATEST NEWS


  • Court Rules Schools and Roads Required to Pay Property Assessments -  In 2015, CCVFCA filed a brief supporting RD 17's appeal of lower court decision on flood protection assessments, so is pleased by recent court decision to clarify inconsistency between water statutes and State Constitution. A recent Third Court of Appeal decision concluded that schools and roads are no longer exempted from paying local property assessments because the Constitutional provision added by Prop. 218 supersedes other existing statutes. 
  • New USACE Permit Funding Proposal - USACE is proposing to accept funding contributions from the DWR to expedite processing of permits for SPFC & CVFPP projects. Submit comments on SPK-2017-00271 by April 25, 2017 to michael.g.nepstad@usace.army.mil.
  • Flood For​um Focuses on Funding OMRR&R of Flood Control Facilities - At the CCVFCA annual Flood Forum on March 15, 2017, a panel of speakers provided State and local perspectives on the potential federal, state, and local funding sources and financing mechanisms being considered in long-term investment strategies for the operation, maintenance, repair, replacement, and rehabilitation of the levee and bypass systems in the Delta and State Plan of Flood Control. Mary Jimenez, DWR Flood Planning Branch Chief gave a presentation on the new fees and State Flood Insurance Program proposed in the investment strategy of the 2017 update of the Central Valley Flood Protection Plan (CVFPP) and Delta Protection Commission (DPC) Executive Director Erik Vink talked about funding mechanisms for Delta levees being evaluated in a feasibility study.  Seth Wurzel with Larsen Wurzel & Associates gave a presentation on local fiscal considerations that led into urban and rural perspectives on State liability and responsibility provided by SAFCA Director of Planning Tim Washburn and ability to pay by RD 563 (Tyler Island) trustee Steve Mello.
  • Flood Protection Fees Proposed by DWR & DPC - DWR and the Delta Protection Commission have independently proposed new property and user fees to fund long term maintenance of Delta and SPFC levees in the 2017 Draft Central Valley Flood Protection Plan (2017 CVFPP) and the Delta Flood Risk Management Assessment District Feasibility Study (DPC Study) and appendices.
  • Final Draft Delta Levee Funding Report Released - After releasing a draft Findings and Recommendation chapter in October, the Delta Protection Commission (DPC) has now released a full 97-page copy of the draft "Final Report for the Delta Flood Risk Management Assessment District Feasibility Study" proposing a new beneficiary pay funding approach to replace the current cost share allocation in the Delta Levee Maintenance Subventions Program.  There is also a new 150-pages of Appendices released with the Final Report.  The draft report also recommends establishment of three new fee/assessment mechanisms to collect funding from beneficiaries not paying in proportion to the benefits they receive from levees.  The first review and discussion of this draft Final Report will occur at DPC Subcommittee on December 8th with written comments due by January 4, 2017 so that the Commissioners can consider approving report at its meeting on January 19, 2017 in West Sacramento.
  • DWR Discusses Elements of 2017 Update of CVFPP - At recent Coordinating Committee meetings, DWR has presented elements of the Central Valley Flood Protection Plan that are being updated:  flood management policy recommendations, advisory committee recommendations on the Conservation Strategy; and financing elements including an investment strategy, funding mechanisms and amounts, and list of projects and operations to be funded.
  • DWR Discusses Sacramento Bypass Setback Levee Project - At the November Coordinating Committee, DWR described the flood reduction and habitat benefits of Lower Elk Horn project proposing to set back the northern levee on the Sacramento Bypass and the adjacent levee on east side of the Yolo Bypass.
  • CCVFCA Requests Clarification of Delta Eligibility for FEMA Disaster Assistance - Due to repetitive levee failures in the Delta during the 1980s, FEMA established levee criteria in a MOU with CalOES in order for the Delta to remain eligible for reimbursement for levee damage or failures under their Public Assistance Program.  The State failed to achieve criteria in the last 30 hears, so FEMA terminated the MOU as of December 8, 2012, leaving uncertainty on whether the non-project levees in the Delta are no longer eligible for disaster assistance. To confirm the eligibility status of these levees, CCVFCA formally requested the State to obtain a definitive answer from FEMA.  We advise our Delta members once FEMA responds. 
  • DSC Recommends Changing Eligibility for Delta Levee Funding - The draft Delta Levee Investment Strategy (DLIS), presented by DSC staff in August contains proposed amendments to Delta Plan flood protection chapter, recommendation for legislation to revise Delta Levee Subvention statutes, and a prioritized list of Delta levees to receive state funding. DSC's schedule includes public workshops in October, adoption of final Plan amendments and levee funding priorities in December with report delivered to Legislature. In 2015, the CVFPB approved Guidance Principles defining the flood board's expectations for coordinating with DSC on any Delta Plan related to flood control levees, programs, and activities under their jurisdiction. However, at the joint meeting of CVFPB and DSC on August 12, 2016, the Council did not disclose they had draft Delta Plan amendments their staff would be presenting to them on August 25, 2016.​ 
  • Flood Board Weighs in on DLIS - Central Valley Flood Protection Board (CVFPB) and Delta Stewardship Council (DSC) having joint meeting on Aug. 12th to discuss how CVFPB's guidance has been incorporated into the DSC's Delta Levee Investment Strategy (DLIS) which is scheduled to release a draft strategy later this month and send recommendations to the Legislature on funding and proposed legislation in December.  DSC also asking people to weigh in on Delta priorities by responding to a survey.
  • New Dredge & Infill Discharge Procedures - The SWRCB is currently developing new procedures for the discharge of dredge and infill materials intended to create statewide definition and regulation of wetlands, and other waters of the State.  Two public workshops will be held to receive public input before the August 4, 2016 deadline to submit comments.
  • Delta Plan Declared Invalid -  Judge's June 24th clarification ruling declares the entire Delta Plan approved by the Delta Stewardship Council in 2013, and associated EIR, are invalid and must be shelved until revisions are made in accordance with Delta Reform Act statutes to include quantifiable (numeric) targets for certain components, such as reducing reliance on the Delta.  DSC's initial declaration of victory in May was therefore premature, and Restore the Delta's claim that original May 2016 court ruling was a "bullet to the heart" was more accurate.  Now DSC must go back to the drawing board to re-draft the plan and EIR.
  • FEMA Disaster Deductible - DWR and CA State Association of Counties (CSAC) submit comments to FEMA on their conceptual proposal to require state and local government agencies to pay a deductible before receiving federal disaster assistance.
  • Flood Funding Fact Sheet - A recent PPIC flood funding fact sheet asserts that flood risk is growing in the Central Valley, but funding for flood management is not. The Public Policy Institute of California claims that at a minimum the state needs to spend $34 billion to upgrade levee infrastructure over the next 25 years -- $1.4 billion per year -- twice the current level of flood management expenditures.
  • Searchable Online National Levee Database - Ever wonder which Central Valley project levees are ineligible for the U.S. Army Corps of Engineers’ (USACE) PL 84-99 funding (RIP)?  Ever wonder when the last Periodic Inspection report was done on a USACE project levee and what the results were?  Ever wonder what the official name of a particular levee segment is?  All this and more has been entered into the National Levee Database (NLD) developed by the USACE that allows numerous ways to search including finding reports on levees located within your state, zip code, or address.  Authorized by Congress in 2007, the database contains information to link activities, such as flood risk communication, levee system evaluation for the National Flood Insurance Program (NFIP), levee system inspections, flood plain management, and risk assessments.  
  • DWR Launches New Grant Program for Small Communities - DWR announced that $50 million in Prop. 1E funding is available for the repair and reconstruction of State Plan of Flood Control (SPFC) levees in non-urban areas through the new Small Communities Flood Risk Reduction (SCFRR) grant program. Eligible applicants are limited to cities and counties with land use authority for small communities (less than 10,000 residents)protected by the SPFC. The initial round of funding will only focus on feasibility studies to support identification of a preferred alternative, which can include non-structural projects such as water proofing and raising structures out of the floodplains. The cost share for Phase II (design/construction) will be competitively allocated based on the outcome of the feasibility studies and remaining available funding.  CCVFCA's comment letter expresses support and appreciation for the new grant program for small communities that do not have the financial resources to solely lead an effort to implement projects to reduce flood risk, moderated by the Association’s concern about indemnity language in the applications and the expediency in which DWR can issue grant funding to applicants based upon 18-month delays recently experienced in another flood protection grant program. ​​

Check out current CCVFCA members and consider joining the Association.

CALIFORNIA CENTRAL VALLEY

FLOOD CONTROL ASSOCIATION

Learn more about legislative, legal, and regulatory flood control issues.

Resources and information for flood managers, elected officials, and those living in Central Valley floodplains.



Together for the flood fight -- since 1926.

910 K St., Suite 310, Sacramento, CA, 95814

(916) 446-0197

Melinda Terry, Executive Director

CALENDAR ALERTS

 

​July 31             Deadline to comment on USACE Re-circulated EIR for Folsom Dam Raise Project

August 4          Deadline to submit Notice of Interest, CalOES Pre-Disaster and Flood Mitigation Programs Grant Funding

August 9          Deadline for CVFPB to submit feasibility study proposal for inclusion in WRRDA bill

​August 14        Deadline to apply for Water Storage Investment Program funding


LEGISLATIVE ISSUES


  • 408 Permit Funding Runs Out Nationwide - According to recent presentation to the CVFPB by USACE staff, the processing of 408 permits has halted nationwide because the $3 million appropriated by Congress for fiscal year 2017 has already been fully expended.
  • President Releases 2018 Budget Proposal - President Trump proposes $5 billion budget for USACE Civil Works programs for 2018, which includes $1.02 billion for construction and $3.1 billion for O&M, but only provides $35 million nationwide to fund emergency response and levee rehabilitation projects after flood events. This is just first step in annual Congressional budget process, with new fiscal year starting on October 1st.
  • Delta Senator Concerned with Prop. 1 Delta Allocations - In response to Gov. Brown's flood protection funding proposal, Senator Cathleen Galgiani (D-Stockton) sent a letter expressing concern with the proposed allocation of the $295 dedicated for the Delta.  Noting that levees are in desperate need of funding, she asserts that using the Prop. 1 funds on anything but Delta levees is a breach of trust with the voters and the legislators who represent the Delta and supported the bond measure. 
  • Governor Promotes Budget Actions to Fund Levee Repairs - As a follow-up to two Emergency Proclamations in January and February due to storm damage across the state, at a press conference on Friday, February 24, 2017 Governor Brown announced actions his Administration would be taking to secure funding for emergency levee repairs and dam safety. Governor released a 4-point plan that includes investing $437 million in near-term flood control and emergency response actions to supplement prior investments and sent a letter to Chairs of the Legislative Budget Committees notifying them that he is using his emergency powers to redirect existing appropriations and requesting a $387.1 million appropriation from Prop. 1 to implement flood control projects, including emergency levee repairs in the Central Valley and Delta.  Administration also released a document with more details about the allocation of the funding.
  • Legislators Form Delta Caucus - Senator Bill Dodd and Assemblyman Jim Frazier announced the formation of a legislative Delta Caucus to provide a collaborative venue for keeping the Delta delegation updated, briefed, and educated on the important policy issues affecting their region.