SACRAMENTO, CA (MPG) – On Jan. 23, the Delta Stewardship Council affirmed that the Department of Water Resources’ (DWR) planned geotechnical investigations are not a “Covered Action” under the Delta Reform Act. Therefore, the Delta Stewardship Council dismissed all appeals on the grounds that it does not have jurisdiction over these planned geotechnical activities.

To come to that conclusion, the Delta Stewardship Council considered whether project proponents can consider portions of a project in the Delta Plan consistency process. In consideration of the scope of the 2024-2026 Proposed Geotechnical Activities, the Delta Stewardship Council found that Department of Water Resources was able to consider geotechnical activities independently from the Delta Conveyance Project.  

Although the 2024-2026 Proposed Geotechnical Activities are not a Covered Action, the activities are important. They are expected to yield important data about soil properties and water quality. This data, in turn, will inform the planning and design of the Delta Conveyance Project as well as the extensive list of future funding and permitting decisions that are required before Department of Water Resources could implement the Delta Conveyance Project.

Department of Water Resources staff appreciate the time and effort that the Delta Stewardship Council put into the hearing process and agrees with its conclusion. Based on the Delta Stewardship Council decision, the Department of Water Resources hopes to proceed with this important data collection work in the near future.

As noted by the Delta Stewardship Council, the determination only applies to the 2024-2026 Proposed Geotechnical Activities. Department of Water Resources acknowledges that it will need to continue working toward the development and submission of a future certification of consistency for the Delta Conveyance Project.

The Delta Stewardship Council’s documents can be found at deltacouncil.ca.gov/council-meetings.