Meeting of the California Water Commission - August 16, 2023

Warren-Alquist State Energy Building, 1516 9th Street, Rosenfeld Hearing Room, Sacramento, CA, 95814

The Commission is unable to provide options for remote participation or viewing of this meeting. Members of the public will be able to observe the meeting and provide comments in-person at the meeting location only.

1. Call to Order

2. Roll Call

3. Closed Session

The Commission may hold a closed session, as authorized by Government Code §11126(e), to confer with and receive advice from its legal counsel regarding potential litigation, and as authorized by Government Code §11126(a).

4. Acknowledgement of California Native American Tribal Governments

This is an opportunity for elected Tribal leaders and formally designated Tribal representatives to identify themselves and to specify the agenda item(s) on which they will comment, as described in the Commission’s California Native American Tribal Leadership Comment Policy.

5. Approval of June 21, 2023 Meeting Minutes

6. Executive Officer's Report

The Executive Officer will report on various matters addressed since the previous Commission meeting.

7. Commission Member Reports

This is an opportunity for members to disclose any meetings or conversations related to Commission business and held since the previous Commission meeting.

8. Public Testimony

Although no formal Commission action will be taken, the Commission offers an opportunity for the public to address the Commission on items of interest that are within the Commission’s jurisdiction, but that do not appear on the agenda.

Correspondence Received Regarding This Item:

9. Drought Strategies: Expert Panel Recap

Commission staff will summarize and synthesize what the Commission has heard about drought and its impacts during the expert panels the Commission has hosted in support of Water Resilience Portfolio Action 26.3.

10. Drought Strategies: Public Workshop Report-out

The Commission will hear a report on the three public workshops the Commission hosted in July on proposed strategies to protect communities and species during drought. The Commission hosted these workshops as part of its work in support of Water Resilience Portfolio Action 26.3.

11. Update on Justice, Equity, Diversity, and Inclusion (JEDI)

Staff from the Department of Water Resources (DWR) will provide an overview of equity and its application to work in natural resources in California and discuss DWR’s JEDI-related actions and goals. Commission staff will then discuss JEDI activities within the Commission office, how those efforts align with DWR’s actions, and opportunities for the Commission to further advance the Commission’s JEDI work.

12. Update on Conveyance Activities

DWR staff will discuss work taking place to make California’s conveyance infrastructure more resilient, including the Conveyance Subsidence Program and San Joaquin Valley Conveyance Study, drawing connections between this work and the Commission’s June 2021 white paper on the State’s role in financing conveyance.

13. Consideration of Action on Resolution of Necessity for the Perris Dam Emergency Release Facility (ERF) (Action Item)

On May 4, 2023, DWR notified the Commission of its intent to seek a Resolution of Necessity (RON) for the Perris Dam ERF in furtherance of a potential eminent domain action against the property identified as Assessor’s Parcel Number 302-200-005, owned by DiMatteo Properties, L.P. DWR cannot commence an eminent domain proceeding unless the Commission first adopts a RON (Code of Civil Procedure §§1245.210, 1245.220). At this meeting, DWR will present a report on each property, required by the Commission’s Procedures for Resolutions of Necessity and Eminent Domain, (adopted August 17, 2011, revised May 17, 2023) containing information required by Code of Civil Procedure §§1245.230 and 1240.510. The Commission will consider adopting a RON, which will include determining if there is enough evidence to satisfy Code of Civil Procedure §§1245.230, 1240.510, and 1240.610. The Commission may choose to take action at this meeting. To adopt a RON requires a two-thirds vote of all members, which is a minimum of six votes in favor of the RON regardless of the number of Commission members present.

14. Update on the Model Water Efficient Landscape Ordinance (MWELO)

DWR staff will provide an informational update on the MWELO. DWR must update the MWELO every three years or release findings that a revision would not be useful or effective in increasing the efficiency of landscape water use or the administration of the MWELO.

15. Water Storage Investment Program: Projects Update

Commission staff will provide an update on the progress of projects in the Water Storage Investment Program.

16. Consideration of Items for Next California Water Commission Meeting

17. Adjourn

*The Commission may break for lunch as needed.*

Written comments regarding specific items on this agenda will be provided to the Commissioners as part of their meeting packets if they are received by 5:00 p.m. on Monday, August 14, 2023. Written comments can be submitted to Staff will make every effort to provide comments received after this deadline electronically, but we cannot make any guarantees. Comments received by the Commission related to meeting agenda items will not be edited and will be posted to the Commission's webpage in their entirety.