Contra Costa Canal Transfer Act

Mr. President, today I am pleased to introduce the Contra Costa Transfer Act, a bill that will assure the health and safety of the residents of Contra Costa County while also providing for the efficient delivery of water from the Bay Delta to the customers of the Contra Costa Water District (CCWD). Senator Harris is joining me in cosponsoring the bill, and I understand that Representatives Mark DeSaulnier, Jerry McNerney and Mike Thompson will be introducing a House companion measure this week as well.

The CCWD is an urban water agency serving approximately 500,000 people in the eastern part of the San Francisco Bay Area region in Northern California. CCWD operates and maintains the Contra Costa Canal System, a unit of the Central Valley Project (CVP),

which is owned by the United States and managed by the Bureau of Reclamation in the Department of the Interior.

The Contra Costa Canal System involves 48 miles of earthen canals with about 30 miles of laterals which deliver water to cities from the canal. Although the canal has been maintained, it poses a safety and flood risk. Notwithstanding significant security fencing, 81 people have tragically been drowned since the canal was placed into service and hundreds of others have been rescued.

The bill I am introducing today would transfer title to the canal system to CCWD so it can begin the process of replacing this old, earthen canal with a secure buried pipeline. The conversion of the canal to a pipeline will cost CCWD approximately $650 million.

CCWD has already repaid Reclamation for costs of constructing the project. After title transfer of the canal is completed, CCWD would remain a CVP M&I customer as set forth in the Long-term Renewal Contract between the United States and CCWD providing for Project Water Service and for Facilities Repayment (Contract No. I75r-3401 A-LTR1 May 10, 2005) (CVP Contract). This title transfer bill was anticipated in Article 28.3 of the CVP Contract which allows for transfer of title to the Contra Costa Canal System upon repayment of all outstanding capitalized costs of the facilities and upon authorization of Congress.

Before title transfer occurs, there will be further environmental review, including compliance with the National Environmental Policy Act (NEPA), Endangered Species Act (ESA) and National Historical Preservation Act (NHPA).

Title Transfer will result in lower costs and reduced administrative burden, provide greater flexibility in management of the asset, and will eliminate flood and other safety concerns. When the canal was originally built, there was no one around it. Now there are many homes and neighborhood along both sides of the structure. If the canal were to fail as has occurred with other earthen canals, homes would be flooded, and millions of dollars of property would be destroyed.

Title transfer would transfer this health and safety liability for the canal to CCWD. Reclamation also benefits through lower costs and reduced administrative burden. Currently, work on the Canal System requires varying levels of coordination and documentation with Reclamation for planning, design, project implementation, maintenance, and operation.

CCWD has been responsible for O&M of the Canal System for almost 50 years and its staff is intimately familiar with the system. CCWD ownership of the Canal System would eliminate much of this duplicative consultation. CCWD now finds it is doing much of the same work Reclamation conducts in its oversight and review responsibilities. Third parties including local cities, Contra Costa County, local and regional agencies, including recreation partners, and utilities working within the Canal System rights-of-way all of whom would also benefit from removing the additional layer of federal review and approval bureaucracy that increases costs and causes schedule delays. I understand that the other local partners have all expressed support for this legislation.

Title Transfer to CCWD would also relieve the United States of any risk of canal failure due to erosion or earthquake.

Ultimately, CCWD is seeking authorization to transfer title to all Project Works associated with the Contra Costa Canal Unit. Construction of the Rock Slough Fish Screen was completed by the Bureau of Reclamation in 2011, and the bill I am introducing today would direct the transfer of title of Rock Slough Fish Screen following a mutual agreement on the transfer between CCWD and Reclamation.

Contra Costa Water District (CCWD) operates three screened intakes in the Sacramento/San Joaquin Delta--Rock Slough, Old River and Middle River. CCWD owns the latter two; the US Bureau of Reclamation owns Rock Slough. Operations at all three intakes are covered by the biological opinions on the long-term operation of the Central Valley Project and the State Water Project (USFWS 2008 and NMFS 2009) as well as separate opinions obtained for the original Los Vaqueros Project and the Middle River Intake under Section 7 of the Endangered Species Act.

The Central Valley Project Improvement Act (1992) and the Los Vaqueros Project Biological Opinions (BOs) required the Rock Slough intake to be screened. BOs from USFWS and NMFS were obtained for construction and operation of the fish screen. A transfer of ownership of the Rock Slough intake and fish screen will not affect the applicability of the various biological opinions that apply to the facility.

The primary stakeholders involve recreation and include the East Bay Regional Park District (EBRPD), City of Antioch, and City of Walnut Creek. EBRPD operates recreation facilities along the Contra Costa Canal (trails) and at the Contra Loma Reservoir.

CCWD and EBRPD executed a Memorandum of Understanding (MOU) in December 2017 that commits both agencies to work together to obtain authorization from Congress for title transfer of the Project Works to

Mr. President, today I am pleased to introduce the Contra Costa Transfer Act, a bill that will assure the health and safety of the residents of Contra Costa County while also providing for the efficient delivery of water from the Bay Delta to the customers of the Contra Costa Water District (CCWD). Senator Harris is joining me in cosponsoring the bill, and I understand that Representatives Mark DeSaulnier, Jerry McNerney and Mike Thompson will be introducing a House companion measure this week as well.

The CCWD is an urban water agency serving approximately 500,000 people in the eastern part of the San Francisco Bay Area region in Northern California. CCWD operates and maintains the Contra Costa Canal System, a unit of the Central Valley Project (CVP),

which is owned by the United States and managed by the Bureau of Reclamation in the Department of the Interior.

The Contra Costa Canal System involves 48 miles of earthen canals with about 30 miles of laterals which deliver water to cities from the canal. Although the canal has been maintained, it poses a safety and flood risk. Notwithstanding significant security fencing, 81 people have tragically been drowned since the canal was placed into service and hundreds of others have been rescued.

The bill I am introducing today would transfer title to the canal system to CCWD so it can begin the process of replacing this old, earthen canal with a secure buried pipeline. The conversion of the canal to a pipeline will cost CCWD approximately $650 million.

CCWD has already repaid Reclamation for costs of constructing the project. After title transfer of the canal is completed, CCWD would remain a CVP M&I customer as set forth in the Long-term Renewal Contract between the United States and CCWD providing for Project Water Service and for Facilities Repayment (Contract No. I75r-3401 A-LTR1 May 10, 2005) (CVP Contract). This title transfer bill was anticipated in Article 28.3 of the CVP Contract which allows for transfer of title to the Contra Costa Canal System upon repayment of all outstanding capitalized costs of the facilities and upon authorization of Congress.

Before title transfer occurs, there will be further environmental review, including compliance with the National Environmental Policy Act (NEPA), Endangered Species Act (ESA) and National Historical Preservation Act (NHPA).

Title Transfer will result in lower costs and reduced administrative burden, provide greater flexibility in management of the asset, and will eliminate flood and other safety concerns. When the canal was originally built, there was no one around it. Now there are many homes and neighborhood along both sides of the structure. If the canal were to fail as has occurred with other earthen canals, homes would be flooded, and millions of dollars of property would be destroyed.

Title transfer would transfer this health and safety liability for the canal to CCWD. Reclamation also benefits through lower costs and reduced administrative burden. Currently, work on the Canal System requires varying levels of coordination and documentation with Reclamation for planning, design, project implementation, maintenance, and operation.

CCWD has been responsible for O&M of the Canal System for almost 50 years and its staff is intimately familiar with the system. CCWD ownership of the Canal System would eliminate much of this duplicative consultation. CCWD now finds it is doing much of the same work Reclamation conducts in its oversight and review responsibilities. Third parties including local cities, Contra Costa County, local and regional agencies, including recreation partners, and utilities working within the Canal System rights-of-way all of whom would also benefit from removing the additional layer of federal review and approval bureaucracy that increases costs and causes schedule delays. I understand that the other local partners have all expressed support for this legislation.

Title Transfer to CCWD would also relieve the United States of any risk of canal failure due to erosion or earthquake.

Ultimately, CCWD is seeking authorization to transfer title to all Project Works associated with the Contra Costa Canal Unit. Construction of the Rock Slough Fish Screen was completed by the Bureau of Reclamation in 2011, and the bill I am introducing today would direct the transfer of title of Rock Slough Fish Screen following a mutual agreement on the transfer between CCWD and Reclamation.

Contra Costa Water District (CCWD) operates three screened intakes in the Sacramento/San Joaquin Delta--Rock Slough, Old River and Middle River. CCWD owns the latter two; the US Bureau of Reclamation owns Rock Slough. Operations at all three intakes are covered by the biological opinions on the long-term operation of the Central Valley Project and the State Water Project (USFWS 2008 and NMFS 2009) as well as separate opinions obtained for the original Los Vaqueros Project and the Middle River Intake under Section 7 of the Endangered Species Act.

The Central Valley Project Improvement Act (1992) and the Los Vaqueros Project Biological Opinions (BOs) required the Rock Slough intake to be screened. BOs from USFWS and NMFS were obtained for construction and operation of the fish screen. A transfer of ownership of the Rock Slough intake and fish screen will not affect the applicability of the various biological opinions that apply to the facility.

The primary stakeholders involve recreation and include the East Bay Regional Park District (EBRPD), City of Antioch, and City of Walnut Creek. EBRPD operates recreation facilities along the Contra Costa Canal (trails) and at the Contra Loma Reservoir.

CCWD and EBRPD executed a Memorandum of Understanding (MOU) in December 2017 that commits both agencies to work together to obtain authorization from Congress for title transfer of the Project Works to