NORTH DELTA WATER AGENCY
October 4, 2023
NDWA Board Meeting Agenda
NDWA Special Board of Directors Meeting
Wednesday, October 4, 2023
9:30 a.m.
Meeting held in-person at
3050 Beacon Blvd., West Sacramento, CA – Suite #203
Notice of Teleconference Locations: One or more Directors will participate in this meeting via remote teleconference at the following locations:
14151 Market St. Walnut Grove, CA 95690
1143 Crane St., Suite 200, Menlo Park, CA 94025
These remote locations are accessible to the public and the public will be given an opportunity to address the Board during all open session items at all locations.
The public and staff may attend the meeting remotely and offer public comments by Zoom or by telephone, using the call-in information provided below.
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Meeting ID: 816 6427 2127
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AGENDA
*** Note: Action may be taken on any item listed on this agenda ***
1. Call to Order
Steve Mello, Chair
2. Closed Session
A. CONFERENCE WITH LEGAL COUNSEL: EXISTING LITIGATION (One Item)
The Board will meet in Closed Session with legal counsel to discuss the following item:
i. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 (One Item)
3. Closed Session Report
Steve Mello, Chairman
- Provide a summary of any reportable action taken by the Board in Closed Session.
4. Approval of Minutes
Steve Mello, Chairman
- ACTION: Approve August 2, 2023, Board Meeting Minutes.
- ACTION: Approve August 28, 2023, Special Board Meeting Minutes
08 28 23 NDWA Special Board mtg Minutes.pdf
5. Directors Election Process
- Directors Elections for Division 2 & 4 - Update on candidates, process and timelines.
6. Financial Report
- Review Financial Statements.
- Assessment Parcels - Update on annual County parcel changes and discussions with DWR to reconcile the acreage owned by DWR within NDWA.
7. Engineer Report
Anne Williams, MBK Engineers
- Water Quality and Hydrologic Conditions Update.
- Delta Cross Channel - US Bureau of Reclamation meeting in Walnut Grove on proposal to modernize the DCC gates to improve water exports and salinity control in the interior Delta.
ITEM #7B _delta-cross-channel-canal.pdf
8. Legal Report
Kevin O’Brien, Downey Brand
- Release of Draft Substitute Environmental Document Flows and Voluntary Agreements.
- Dismissal of USBR discrimination lawsuit on San Joaquin flow objectives.
- Civil Rights Lawsuit - US EPA accepted a Title VI civil rights lawsuit filed against the CA State Water Resources Control Board.
- Sites Reservoir - Numerous protests filed on Sites Project Authority water rights application, including Contra Costa Water Dist., State Water Contractors, CDWA/SDWA, San Joaquin County.
ITEM #8A - Restore the Delta Letter - Acceptance.pdf
ITEM #8B - COURTHOUSE NEWS_ Feds’ discrimination c...pdf
9. Manager Report
Melinda Terry, Manager
- Report on meetings, presentations, and correspondence
- Liability Insurance - Notice of Cancellation Submitted
- Art. 4 Drought Claims Process - Update on DWR payment of claims
- Liability Insurance - Notice of Cancellation Submitted
Memo_09.28.23_ACWA Liability Insurance.pdf
ACWA Withdrawal Letter 09.27.23.pdf
DWR Response Ltr _Special Claims Payments 08.2023.pdf
Aug 2023 NDWA Manager Report.pdf
- Succession Planning - Update on process to replace Manager
10. Legislative Report
- Water Rights Legislation - SB 389, provides SWRCB specific authority over senior water rights enrolled to Governor.
ITEM # 10 - Senate Bill 389.pdf
11. Delta Activities Report
- SWRCB/Delta Watermaster – Lawsuit challenging Lower San Joaquin flow objectives dismissed, adoption of Biological Goals for Lower San Joaquin flow objectives, and update on water rights, water use reporting, and other activities.
- Delta Habitat Projects – DWR released NOP for EIR on Cache Creek Channel and Levee Rehabilitation Project, and installation of bioacoustics fish fence at Georgiana Slough.
- Delta Conveyance Project – Contra Costa Water District executed a settlement agreement with DWR on DCP, and new videos on intakes, shafts and traffic flow in North Delta.
- Delta Conservancy – Updates on projects, grant funding, and other activities.
- Delta Protection Commission (DPC) – Updates on National Heritage Area, DPAC, and other activities.
- Delta Stewardship Council (DSC) – Certification of consistency filed for Central Valley Flood Protection Plan 2022 Updated, and other activities
- CVP/SWP – Appeals Court denies validation of permanent USBR Water supply contract.
12. Announcements
- Oct 26/27 – Delta Stewardship Council Mtg, 9:00 am
- Nov 16 - Delta Protection Commission Mtg, location TBD, 5:00 pm
- Dec 6- NDWA Board Mtg, 3050 Beacon Blvd, Ste 203, W. Sacramento, 9:30 am
13. Public Comment
14. Adjournment