California Construction News staff writer
Gov. Gavin Newsom’s administration scored two key victories last week that could accelerate the long-delayed Delta Conveyance Project, a major infrastructure initiative aimed at safeguarding California’s water supply amid worsening drought and hotter conditions.
The California Court of Appeal for the Third District overturned a preliminary injunction that had blocked the Department of Water Resources (DWR) from conducting geotechnical work, such as soil boring and related testing, needed for planning and design of the project. The ruling allows the agency to resume critical pre-construction work while further proceedings continue in the trial court.
At the same time, DWR submitted a certification of consistency to the Delta Stewardship Council (DSC), documenting that the Delta Conveyance Project aligns with the Delta Plan, a framework under the Delta Reform Act that balances protection of the Sacramento-San Joaquin River Delta ecosystem with reliable statewide water supply. The DSC will review the certification before granting approval.
“The importance of protecting California’s water supplies is too great to allow unnecessary delays,” Newsom said in a statement. “No piece of infrastructure is more fundamental to our water supply and economic success.”
The Delta Conveyance Project, long delayed by regulatory and legal hurdles, is designed to modernize the state’s 60-year-old water system and help mitigate climate-driven impacts. California is projected to lose about 10% of its water supply due to hotter, drier conditions, and the reliability of the State Water Project could drop by as much as 23%, officials say.
DWR has said the project would expand the state’s ability to improve water supply reliability while maintaining fishery and water quality protections. Officials estimate that during last year’s atmospheric river events, the project could have captured enough water for nearly 10 million people for a year.
Opponents of the project had argued that DWR needed DSC certification before conducting geotechnical work. The appellate court rejected that argument, siding with the administration and giving “great weight” to the judgment of the DSC, which had previously dismissed challenges to the work.
Newsom has prioritized the project, securing financial support from water agencies across the state and certifying a final environmental impact report in December 2023. The administration says the recent legal and regulatory developments are critical steps toward advancing construction.
