Contract Amendment for Delta Conveyance
Contract Amendment Public Participation
The Department of Water Resources (DWR) and the State Water Project (SWP) Contractors have begun the public process of negotiating proposed amendments to the SWP water supply contracts for a new Delta Conveyance facility. DWR has opened the negotiations to the public to allow the opportunity to observe and provide comments to DWR at the end of each negotiation session. Written comments may also be submitted within seven (7) calendar days following each negotiation session. The process that DWR follows to enable members of the public to observe and comment on the negotiations, is designed to be consistent with the "Principles Regarding Public Participation Process in SWP Contract Negotiations."
Documents related to the amendments and public meetings, including the meeting calendar, meeting summaries, offers, agenda and ground rules, etc. are available on request.
A series of public meetings were held to discuss negotiations for the contract amendment and have now concluded.
The Legislature designed the water supply function of the State Water Resources Development System, commonly referred to as the State Water Project (SWP), to be a self-funded system. Unlike highways, levees, and other familiar infrastructure that receive significant funding from the State general fund, the costs of constructing, operating and maintaining the SWP water supply function are paid entirely by the local public agencies that contract with the Department of Water Resources (DWR) for a supply of water from the SWP.
The timing and amount of SWP charges is described in the SWP Long-Term Water Supply Contracts. DWR has 29 such contracts with a variety of local agencies sometimes referred to as Public Water Agencies (PWAs). DWR bills the PWAs for these costs on an annual basis.
From time to time DWR and the PWAs have found it desirable to amend the terms of the water supply contracts to add terms and conditions that are applicable to a specific contractor or to a group of contractors, or applicable to a particular project or both. These contract amendments each continue with the requirement that the SWP water supply function is paid by those receiving water from the SWP.
DWR and many of the PWAs believe it is desirable to amend the water supply contracts to add terms and conditions applicable to the construction, operation and maintenance of a new Delta conveyance facility. The upcoming public negotiations will provide the venue for DWR and the contractors to negotiate a Delta conveyance facility amendment. SWP contract amendment negotiations that are of statewide significance are conducted in public so that interested members of the public may hear, and comment on, the matters raised in the negotiations.
The public negotiation process is expected to result in an Agreement in Principle (AIP) among DWR and the PWAs that describes a conceptual approach to cost allocation and the related financial and water management matters. The negotiations are being initiated now because the AIP will be incorporated into a Notice of Preparation (NOP) of an Environmental Impact Report examining Delta conveyance alternatives and the proposed contract amendment in accordance with the requirements of the California Environmental Quality Act (CEQA) following issuance of the NOP. Actual water supply contract amendment language would also be developed following approval of the AIP.
Approval of the AIP is not the same as approval of a Delta conveyance related water supply contract amendment or of a Delta conveyance facility itself. Neither of those approvals can occur until after CEQA review is completed. For additional information about the upcoming public negotiations please see the Notice of Public Negotiations issued by DWR.
Please visit the Delta Conveyance page for additional information about this project.