U.S. Army Corps of Engineers (USACE) | December 16th, 2022
Summary
The California Department of Water Resources (DWR or the applicant) is proposing to construct new conveyance facilities in the Sacramento–San Joaquin Delta (Delta). As
The California Department of Water Resources (DWR or the applicant) is proposing to construct new conveyance facilities in the Sacramento–San Joaquin Delta (Delta). As the lead agency for the Delta Conveyance Project (project or proposed action), the U.S. Army Corps of Engineers (USACE) Sacramento District has prepared an environmental impact statement (EIS) for construction of the action alternatives. This Draft EIS analyzes the applicant’s proposed action and alternatives, which include intake facilities on the Sacramento River, tunnel reaches and tunnel shafts, a southern forebay and pumping plant, and south Delta conveyance facilities that would connect to the existing State Water Project (SWP) infrastructure.
Because construction of the proposed action and action alternatives would alter federal levees, permission from USACE is required under Section 14 of the Rivers and Harbors Act (RHA) (33 United States Code [USC] § 408) (Section 408). Construction of the proposed action and action alternatives would cross under the Stockton Deep Water Ship Channel (a federal navigation project); therefore, a real estate outgrant1 from USACE would be required. In addition, the proposed work in navigable waters of the United States requires authorization from USACE under Section 10 of the RHA (33 USC § 403), and discharge of dredged or fill material into waters of the United States requires authorization from USACE under Section 404 of the Clean Water Act (CWA) (33 USC § 20 1344). DWR is the requester under Section 408 and the applicant under Section 10, Section 404, and the real estate outgrant.
Once constructed, the new facilities that comprise the proposed action would become part of the SWP. Operation of the SWP, including the facilities proposed in this project, is outside USACE authority under Section 408, Section 10, and Section 404. Therefore, the Draft EIS focuses only on 25 those actions requiring USACE authorization or approval.
Operations are discussed briefly and qualitatively throughout the Draft EIS. Readers should refer to the Delta Conveyance Project Draft Environmental Impact Report (Delta Conveyance Project Draft EIR) (California Department of Water Resources 2022) for a more in-depth analysis of operations and associated effects on the environment. Where noted, this Draft EIS incorporates by reference portions of the Delta Conveyance Project Draft EIR (California Department of Water Resources 2022).