CALIFORNIA CENTRAL VALLEY

FLOOD CONTROL ASSOCIATION

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

Together in the flood fight -- since 1926.

CALENDAR ALERTS

June 27 – FMA Extreme Precipitation Symposium, at UC Davis, 8:30 am
June 30 – Deadline to comment on Nat’l Levee Safety Program components
July 11-24 – Flood control law & regulation online summer class, Lewis & Clark Law School

Sept 5-8 – FMA Annual Conference, Los Angeles

FLOOD WATCH

Army Corps Opening PL 84-99 Rehabilitation Program - At the May CVFPB meeting, Jonathon Yau of the USACE announced it will be opening the PL 84-99 Program application period in two phases. Phase 1 will be the Sacramento River system opening for applications in early June and Phase 2 will be the San Joaquin River system opening once the water recedes late this summer. The Board also sent a letter to the USACE requesting that the 15 Central Valley Letters of Intent to prepare SWIFs that are pending Corps approval be considered eligible for levee repairs damaged in 2023 storms.
Joint DWR-CVFPB Flood Briefing - On May 24, 2023, the Central Valley Flood Protection Board and DWR hosted a joint briefing on flood planning and prevention in the Sacramento and San Joaquin Valleys and announced the release of a Flood Management Funding Essentials brochure as a companion to the 2022 update of the Central Valley Flood Protection Plan (CVFPP). The video of the briefing and a slide presentation are both available.
Flood Emergency Declaration - In anticipation of a series of storms expected to pound the west coast of California, Governor Newsom proclaims a state of emergency to facilitate the emergency response and mobilize state resources that will be required. In addition to the mobilization of the National Guard, the Governor activated the State Operations Center to its highest level and mobilized the Flood Operations Center, which covers forecasting, reservoir operations coordination, and provides flood fighting materials for local agencies. On January 8, 2023 the Newsom Administration also scheduled a media briefing on statewide efforts to address storm impacts and submitted a request for a Presidential Emergency Declaration to support ongoing storm response and recovery efforts.
Storm Damage Exposed - At the January 2023 Central Valley Flood Protection Board, Ric Reinhardt (MBK Engineers) provided a presentation on levee damage CCVFCA member agencies experienced during the recent series of atmospheric river storm events that started at the end of December.

LEGISLATIVE ISSUES

Governor More Than Doubles Flood Response Funding in State Budget’s May Revise - The Draft State Budget released by Governor Newsom in January contained $202 million for flood protection, and added another $290 million in the FY 2023-24 May Revise released on May 12, 2023. Due to a budget deficit that has grown to $32 billion, Governor Newsom also announced dramatic budget cuts to climate change funding in the release of the FY 2023-24 May Revise. According to a nonpartisan Legislative Analyst’s Office, Californians cannot afford the May Revision spending levels across the five-year period.
Resource Budget Cuts Analyzed in Report - The independent Legislative Analyst’s Office (LAO) released a report evaluating reductions in climate, resources, and environmental programs proposed in the Governor’s Fiscal Year 2023-34 State Budget and provides comments on each proposal.
Advance Payments Proposed - Assembly Bill 345, introduced by Assembly Member Wilson, would authorize DWR to make advance payments to local agencies for projects that improve flood protection or restore habitat for threatened and endangered species. AB 345 would limit the advance to 25% of the entire amount authorized under a funding agreement with DWR. UPDATE: On May 26, 2023 this legislation passed the Assembly and moves on to the Senate for committee hearings.
Funding Bills Move Forward in Congress - Before adjourning for the Christmas holidays, the U.S. House of Representatives passed the Water Resourced Development Act (WRDA) of 2022 when it was inserted into the National Defense Authorization Act (NDAA). The biennial WRDA legislation provides funding to the U.S. Army Corps of Engineers to strengthen flood protection, and improve water resource infrastructure and healthy ecosystems. Funding in the bill includes several projects promoted by Congressman Garamendi such as $50 million for Delta resiliency. In addition, Congressman Garamendi joined with Congressman Mike Thompson to secure authorization in NDAA for the construction of the Lower Cache Creek Flood Risk Reduction Project to protect communities in Woodland. This legislation was subsequently approved by the U.S. Senate and signed into law by President Joe Biden.
Approved WRDA Legislation Includes Policy Changes - In addition to funding flood protection projects and feasibility studies across the nation, the recently approved Water Resources Development Act (WRDA) legislation also makes policy changes. Scheduled to expire at the end of FY 2023, the legislation extends the National Levee Safety Program through FY 2028 and increased the maximum amount of federal funds available from the Levee Rehabilitation Assistance Program from $10 million to $25 million. The WRDA bill also directs the USACE to prioritize this assistance funding to “economically disadvantaged communities” and expands the definition of levee rehabilitation to include increasing the “resiliency to extreme weather events.”
Governor Signs Legislation to Revise Brown Act Open Meetings Laws - AB 2449 (Rubio), will allow until January 1, 2026 a local agency to use teleconferencing without identifying on the agenda each remote location accessible to the public, if a quorum of the government body is in-person at a publicly accessible location within the local agency’s jurisdiction that is clearly identified on the agenda.
Joint Powers Authorized for Climate Change - Governor Newsom signed SB 852 (Dodd), allowing cities, counties, and special districts to establish climate resilience financing districts to undertake projects and programs to address sea level rise, wildfire, drought, flooding, and other related impacts. The districts will be authorized to raise revenues through voter approved property taxes, special benefit assessments, or fees.
Delta Week Declared by Legislature - SCR 119 (Dodd) was approved by the State Legislature to annually declare the last week of September as Sacramento-San Joaquin Delta Week.

DELTA ISSUES

New Statewide Polling and Permit Portal for Tunnel Project - A new website was created by DWR that lists each of the permits and regulatory compliance requirements it must complete before starting construction of the Delta Conveyance Project. According to Californians for Water Security, statewide polling they conducted indicates 76% of voters support the Delta Conveyance Project. This organization was created to promote construction of the tunnel project.
Prospect Island Tidal Habitat Project Progresses - DWR filed a certification of consistency with the Delta Stewardship Council for a tidal habitat restoration project on Prospect Island in the Cache Slough Complex. The project proposes two breaches on the Miner Slough levee, one breach of an internal cross-levee, and construction of interior subtidal channels. When completed, there will be a gain of 123 acres of aquatic habitat and 1,056 acres of new tidal wetlands.
DSC Adopts Delta Levee Investment Strategy - In March 2020, the Delta Stewardship Council (DSC) abandoned the rulemaking process for its Delta Levee Investment Strategy (DLIS) and directed an updated risk assessment be developed based on new LiDAR data and initiation of a new rulemaking process for a new DLIS proposal. The revised regulations are substantially the same as those proposed in 2018, including the assignment of prioritization of state funding determined by categorizing each island or tract located within the legal boundaries of the Delta and Suisun Marsh as either very-high, high, or other. Despite the unanimous objection and request for amendments submitted by the Association and local Delta agencies, the DSC adopted the revised DLIS at its February 23, 2023 meeting. Once approved by the Office of Administrative Law, these regulations will take effect.
Delta Conveyance Project EIS Review - The Association submitted a comment letter on the Environmental Impact Report (EIR) outlining adverse impacts and mitigation measures necessary to avoid increasing O&M costs to Reclamation Districts and flood risk in the Delta. CCVFCA will also submit comments on the federal Environmental Impact Statement (EIS) issued by the USACE due March 16, 2023.
Nature-Based Grant Funding Available - The CA Department of Fish and Wildlife announced the availability of $20 million from Prop. 1 and Prop. 68 dedicated for Delta drought resiliency, climate impacts, and nature-based solutions. Levee reconstruction and maintenance projects are eligible for funding when actions are necessary to achieve significant habitat restoration benefits. Interested applicants are encouraged to consult with CDFW prior to submitting. This is first come, first served, while funding lasts. The Delta Conservancy also received $36 million from the State Budget for projects that support nature-based solutions in the Delta. Eligible projects include, but are not limited to: wetland restoration, conversion to rice cultivation, Voluntary Carbon Market, and land acquisition or easements. An additional $6 million is available for recreation, biodiversity, and resiliency to drought and floods.
Water Quality Certification Requested for North Delta Drought Barriers - The State Water Resources Control Board posted a Public Notice for an application from DWR for a Clean Water Act 401 water quality certification for the North Delta Drought Salinity Barriers Project. Each barrier structure includes an embankment rock structure and manually operated fish passage culvert, with a boat ramp at the Steamboat Slough site. The SWRCB can take action 21 days after the Notice was released on December 16, 2022, which does not leave much time to comment due to the holidays and release on same day Delta Conveyance Project comments were due.
Delta Counties Provide Public Forum - Frustrated that DWR failed to hold in-person public meetings on the Draft EIR for the Delta tunnel project, the Delta Counties Coalition and Legislative Delta Caucus co-hosted a public meeting in Hood on December 6, 2022 to provide Delta residents the opportunity to provide comments on the adequacy of the environmental analysis and mitigation measures. More than 100 residents attended. A transcript of the public comments will be provided to the Department of Water Resources prior to the formal comment deadline of December 16th. On December 7th the Trinity County Board of Supervisors voted to oppose the Delta Conveyance Project and officially endorsed the letter opposing the tunnel that was adopted by the Trinity County Fish and Game Advisory Commission.
USACE Releases EIS on Delta Tunnel Project - In mid-December, the U.S. Army Corps of Engineers released a Notice announcing the release of the federal Environmental Impact Statement (EIS) on the Delta Conveyance Project for public review and comment. The proposed action would require permission/authorization from the Corps to alter the Federal Project (levees) under Section 14 of the Rivers and Harbors Act (Section 408) (33 U.S.C. 408), to place structures and conduct work in or affecting navigable waters of the United States under Section 10 of the Rivers and Harbors Act (33 U.S.C. 403), and to discharge fill material into waters of the United States under Section 404 of the Clean Water Act (33 U.S.C. 1344). Three public meetings will be held virtually on January 10, 12, and 18th. The deadline to submit written comments on the proposed project is February 14, 2022.
Amendments to DSC Certification Appeals Process Adopted - At its October 27, 2022 meeting, the Delta Stewardship Council adopted amendments through a resolution to the appeals process for covered action certifications of consistency. The amendments are mostly technical changes to improve wording, but the Delta Protection Commission submitted a comment expressing concern that the amendments will restrict their statutory authority to submit comments and recommendation on any significant project that may affect the unique values of the Delta.
Update on Yolo Bypass Modification Project - DWR provided an update to the CA Water Commission in January 2022 on construction starting in May on the Yolo Bypass Salmonid Habitat Restoration and Fish Passage Project ("Big Notch"), with the real estate acquisition process continuing through 2023. The preferred alternative sets the peak flow at 6,000 cfs and reduced to 1,000 to 300 cfs after March 15th. The infrastructure will include a lowered intake channel to the Sacramento River with a three-gate headwork structure. The inundation of a portion of the Yolo Bypass will occur more frequently and duration will last two weeks longer.

3050 Beacon Blvd., Suite 203

West Sacramento, CA, 95691

(916) 446-0197

Melinda Terry, Executive Director

FLOOD CONTROL PROJECTS

Sacramento Weir Widening Project Receives Federal Funding - The U.S. Army Corps of Engineers announced awarding $172.9 million to Granite Construction Company for the Sacramento Weir Widening Project. The 106-year-old weir’s existing 48 manually-operated gates will remain intact, but a new 1,500-foot-wide passive weir will be added to allow river water to spill into the bypass.
DWR Awards $50 Million Towards Reducing Statewide Flood Risk - DWR announced $50.4 million is being awarded statewide to 18 flood risk reduction projects related to stormwater, flooding, mudslides, and flash flooding. The Proposition 68 funding, distributed through the Floodplain Management, Protection, and Risk Awareness Grant Program (FMPRA) for disadvantaged community assistance, multi-benefit project features, and flood risk reduction projects in FEMA special hazard areas to protect vulnerable communities, citizens, property, and infrastructure from damaging flood waters. Projects in the Central Valley include $9.7 million to the Three Rivers Levee Improvement Authority (TRLIA) for efforts to achieve urban 200-year level of flood protection and $9.3 million to the Sacramento River West Side Levee District to mitigate levee seepage, reduce local erosion, and improve aquatic habitat. In addition, the Sutter Butte Flood Control Agency (SBFCA) will receive $1.1 million to restore fisheries habitat, reduce flood stages, and increase conveyance of flood waters and transitory storage within the Feather River.
Corps Highlights Progress in Reducing Flood Risk in Sacramento Region - In recognition of CA Flood Preparedness Week October 22-29, the U.S. Army Corps of Engineers announced flood risk reduction progress in the Sacramento region. The $1.8 billion American River Common Features 2016 project is wrapping up its fourth year of levee improvements along the Sacramento River east side in the Pocket/Greenhaven neighborhood. The fifth and final year of work will commence in 2023 with expansion of the Sacramento Weir to double its current size and five sites totaling approximately 2.8 miles of levee work. Other activities included armoring levees with rock to protect against erosion.
District Completes 2017 Levee Storm Damage Repairs - The Sacramento River West Side Levee District announced that levee repairs on four sites that were damaged in early 2017 storm events have been completed. The repairs, costing $31 million, were fully funded by the U.S. Army Corps of Engineers under its PL 84-99 levee rehabilitation program. Construction included installation of approximately 3,800 feet of landside seepage berms and a new 2,000-foot setback levee that addresses seepage and reconnects a portion of the historical floodplain to the river with opportunities for ecosystem restoration.

LATEST NEWS

FEMA Map Review Suspended in 38 California Counties - As of July 1, 2023, FEMA will temporarily stop processing two types of flood map revision requests in 38 California counties, including: Contra Costa, San Joaquin, Solano, Sacramento, Yolo, and Yuba. This suspension will continue until FEMA formally consults with the National Marine Fisheries Service (NMFS), as required by the federal Endangered Species Act.
Benefits of Funding Regional Coordination and Levee Maintenance - The May CVFPP Coordinating Committee meeting focused on two state-focused grant programs created to implement the goals identified in the Plan. Chris Williams, DWR, provided an update on the benefits and achievements of the Regional Flood Management Program (RFMP) and Jeff H. Van Gilder, described the purpose, necessity, and achievements of the Flood Maintenance Assistance Program (FMAP).
Corps Proposing PL 84-99 Program Changes - The U. S. Army Corps of Engineers is updating part of the Federal Regulation outlining how USACE implements its emergency authority provided in Public Law 84-99 for disaster preparedness, response, and recovery. Last revised in 2003, there have been amendments to Public Law 84-99 through multiple Water Resource Development Acts passed by Congress and lessons have been learned from events over the last 20 years. The USACE is proposing to update the federal regulation to reflect these changes and seeking public input. The Association and the CVFPB both submitted comments.
2022 Update of CVFPP Approved - At its December meeting, the Central Valley Flood Protection Board approved the 2022 Update of the Central Valley Flood Protection Plan. A roadmap for flood management in the Central Valley, the 2022 Update identifies $3 billion in needed investments over the next five years to reduce climate-driven, extreme flood events by improving aging infrastructure and implementing new tools.
New Waters of the U.S. Rule - The U.S. Army Corps of Engineers provided an update on several regulatory efforts. At the end of December, the Biden Administration announced the repeal of a Trump-era rule on the definition of Waters of the U.S. and replaced it with a new regulation. The new rule will be similar to the pre-2015 regulation and become effective in 60 days. In early 2023, the Corps expects to be conforming with a new Section 401 of the Clean Water Act issued by the U.S. Environmental Protection Agency.
CCVFCA Hosts Flood Forum and Tour - The Association hosted a 2022 Flood Forum and luncheon on October 19th with Dr. Todd Bridges, Senior Research Scientist with the U.S. Army Corps of Engineers Headquarters, as the keynote speaker and a panel of state and local representatives discussing their experience and perspectives on engineering with nature-based solutions. The following day included a tour that covered discussions at four locations: Sacramento Weir; Little Egbert Tract; Mossdale Tract setback levee; and Paradise Cut Weir.
DWR Hosts Symposium on Preparing for Flood - As a lead into California Flood Preparedness Week, October 22-29, DWR hosted a Symposium on October 17 to highlight the need to prepare for flooding even during a drought. Expanding upon Governor Newsom’s “Water Supply Strategy for a Hotter, Drier Future”, DWR convened water policy experts, scientists and representatives of communities impacted by floods and drought for a conversation about building climate resiliency. The event was kicked-off by two keynote speakers: Dr. F. Martin Ralph, Director, Center for Western Weather and Water Extremes; and Dr. Daniel Swain, Climate Scientist, Institute of the Environment and Sustainability, UCLA. Then three panels followed, including the last one with Chris Elias, Executive Director, San Joaquin Area Flood Control Agency (SJAFCA). A full recording of the presentations and panel discussions is available on DWR’s YouTube page.
Less Federal Damage Funding Flowing to California - California received less federal disaster assistance on a per-capita basis than most peer states, but also found that this imbalance is particularly pronounced for flood-related events.
New Climate Resiliency Team Announced - DWR formed a new executive team on building water management resiliency that will report directly to Director Karla Nemeth, to guide integrated decision-making across all DWR divisions.
Flood Risks Under Climate Change - California is in its third year of a historic drought but climate change also brings the risk of more intense and severe storms that could cause catastrophic flooding. Climate scientist Daniel Swain joins host Cecilia Lei to share findings from a new research study he co-authored, which details how a worse case scenario flood event could devastate the California. Listen Here
Retrospective Look at the ’97 Flood - KCRA3 released a Special Report with an 18-minute video looking back at the 1997 Pineapple Express flood event that caused extensive flooding in the Sacramento Valley. It includes news footage of breached levees, open water areas that looked like lakes, and people on rooftops waiting to be rescued. The Special Report also has interviews with DWR staff. The Modesto Bee also reflected on the flooding in Modesto in 1997, and contemplated whether it could happen again this year.