New Incidental Take Permit Issued for State Water Project

SACRAMENTO - Addressing the dual challenges of climate change impacts and endangered species protections, the California Department of Water Resources (DWR) has received a new operating permit for the State Water Project (SWP) that will protect endangered fish species while ensuring a reliable water supply for 27 million Californians.

The permit, known as an Incidental Take Permit (ITP), was issued by the California Department of Fish and Wildlife (CDFW) following the certification of a Final Environmental Impact Report for long-term operations of the SWP. The permit covers five species protected under the California Endangered Species Act, including Delta smelt, longfin smelt, white sturgeon, winter-run Chinook salmon and spring-run Chinook salmon.

Since 2021, DWR has been working with the U.S. Bureau of Reclamation and partners at the state and federal fish agencies to update the operating rules for the SWP and the federal Central Valley Project following litigation against the federal rules in 2020, known as the Biological Opinions. As with the previous permits, DWR focused on meeting the requirements of the California Endangered Species Act (CESA) independent of the federal Biological Opinions. This allows for simpler processes for adaptively managing the system and ensuring CESA coverage remains in place independent of any future changes to the federal rules.

"The State Water Contractors (SWC) and its member agencies are grateful for the hard work DWR and DFW have done to prepare this new permit. It appears to resolve issues raised in 2020, incorporating the best available science and bringing regulatory stability for water managers who have been operating through unprecedented challenges over the last several years," stated State Water Contractors General Manager Jennifer Pierre in a news release.

"We are hopeful that the State's collaborative approach will set the tone for ongoing coordination with our federal partners and the state's Bay Delta Water Quality Control Plan update," Pierre continued. "The revised ITP appropriately relies on adaptive management to help us further improve the management of the Delta ecosystem and water supply, making good use of the SWC's ~$350 million investment in habitat restoration and significant research and monitoring activities over the next 10 years. We will work closely with our state partners to ensure the reliability and viability of the State Water Project for the millions of Californians who rely on it."

"The new Incidental Take Permit for the State Water Project issued today provides California with new tools and resources to better manage our water supply for endangered fish species and millions of Californians," stated DWR Director Karla Nemeth in a news release. "While the State Water Project is now operating under a permit independent of our federal partners, we continue to work together to make sure the rules that govern operations of both projects are aligned to the benefit of both fish and people."
"In California, incidental take permits are an important way we regulate infrastructure projects that have the potential to cause harm to protected fish and wildlife," stated CDFW Director Chuck Bonham in a news release. "By requiring the State Water Project operation to avoid and minimize impacts, and to mitigate and counteract those impacts through habitat restoration, improved flow measures, monitoring, and hatchery production, we will make sure all fish and wildlife species impacted by the project have opportunities to thrive."

The new operating plan for the SWP include a portfolio of actions and new science tools designed to reduce and offset impacts to listed species, including commitments to:
• Incorporate new genetic technology that allows real-time differentiation of listed salmonids from non-listed salmonids for real-time operational adjustments
• Complete tidal marsh and floodplain restoration projects that support spawning and rearing habitat for listed species
• Improve fish passage in critical migration corridors
• Support adaptive annual investments in salmon that are responsive to climate change stressors, including droughts
• Support hatchery production actions for listed species

The proposed operations also incorporate a robust adaptive management plan that will allow the SWP to incorporate new science to revise project components in a manner that more efficiently and effectively protects species.
"Extreme storms and extended droughts mean we need to be as nimble as possible in operating our water infrastructure. DWR remains committed to using the best available science to operate the State Water Project to support the water supply needs of California's communities while protecting fish and wildlife," Nemeth stated.

The SWP operations plan was completed in coordination with partners from the Bureau of Reclamation, U.S. Fish and Wildlife Service, National Marine Fisheries Service, and CDFW. Efforts to complete the updated operations plan spanned three years and included regular engagement and feedback from interested parties.

The federal Central Valley Project Environmental Impact Statement and Biological Opinions are separate from the SWP Incidental Take Permit and Final Environmental Impact Report.