California’s Water Policy at a Crossroads: Striking a Balance Between Fish Protection and Water Supply

New Water Rules on the Horizon

The Biden and Newsom administrations are close to adopting revised regulations for California’s major water systems, aiming to balance water distribution with environmental protection. The rules will guide operations of the Central Valley Project and the State Water Project, which deliver water to millions of people and acres of farmland. Environmental groups are cautiously supportive of the overhaul but argue the proposed changes fall short in safeguarding fish species threatened with extinction.

Environmental Concerns and Impending Extinction Risks

The draft environmental review highlights protections for six endangered fish species in the Sacramento-San Joaquin Delta, including the longfin smelt and Delta smelt. However, some scientists, like Jon Rosenfield from San Francisco Baykeeper, believe the new rules could worsen conditions. "These rules risk pushing these species closer to extinction," Rosenfield warns, emphasizing that the populations of fish critical to the ecosystem are in steep decline.

A Three-Year Legal Battle and Political Tensions

The path to new water regulations began in 2020 when environmental groups and California successfully contested the Trump administration's 2019 biological opinions in court. State officials argued those policies inadequately protected the ecosystem. Now, federal and state agencies are pushing to finalize the rules ahead of the 2024 election to prevent potential rollbacks under a new administration, should Trump win the presidency. Trump has openly criticized California’s environmental protections, while Vice President Kamala Harris has been a vocal supporter of stronger regulations.

The Challenge of Balancing Competing Water Demands

The revised rules aim to balance water allocations between farms, cities, and natural habitats. This delicate equilibrium is contentious; agricultural groups argue they face increasing restrictions, such as limits on groundwater pumping, which will soon take effect statewide. “Politically driven uncertainty is frustrating for farmers,” says Alexandra Biering of the California Farm Bureau, who notes that agriculture has been "caught in a regulatory limbo."

Water Agencies Advocate for Consistent Protections

California’s water districts, serving millions of urban residents, have also voiced concerns. Adán Ortega Jr., board chair of the Metropolitan Water District of Southern California, emphasizes the need for consistent terms across state and federal permits. The district is advocating for voluntary agreements between agencies to support wetland restoration while managing water resources.

State Water Board’s Independent Review and Options

Adding complexity, the State Water Resources Control Board is developing its own Delta flow management plan. The board recently published a draft review outlining various options, including the voluntary agreements backed by Governor Newsom. While environmentalists argue these agreements could further degrade fish habitats, the board will continue gathering public feedback into early 2025 before reaching a decision.

Future Legal Battles Loom

Despite the anticipated revisions, litigation is almost certain. Environmental groups have expressed concerns about potential environmental consequences if water exports are increased or environmental impacts downplayed, particularly regarding projects like the proposed Sites Reservoir and a $20-billion water tunnel. Tom Stokely of the California Water Impact Network warns that the proposed rules “may make things worse for fish.”

Seeking a Sustainable Path Forward

State officials, however, defend the proposed regulations, emphasizing new scientific insights and efforts to adapt to climate change. The Department of Water Resources promises improved protections, including habitat restoration efforts that may support endangered species’ recovery. “The proposed State Water Project operations are tailored to better protect these species,” states Ryan Endean, DWR spokesperson.

As the new water regulations take shape, the state’s future water security and ecological health hang in the balance. Only time will tell if this policy shift will help sustain California’s delicate water systems while securing a path forward for its struggling fish populations.