On August 25, 2017 the City of Antioch filed a second action in the Sacramento Superior Court this month against the California Department of Water Resources (“DWR”) relating to the proposed California WaterFix Project – e.g. the Twin Tunnel Project. The City previously filed an action challenging the WaterFix Project’s Final Environmental Impact Report.
In its most recent action, the City contends that DWR breached the 1968 agreement between DWR and Antioch intended to protect the City’s water supply from the impacts of the State Water Project. The 1968 agreement contains a specific provision known as the “me-too” clause requiring DWR to provide Antioch with terms substantially similar to any terms granted to any other agency in the Delta. In 2016, DWR entered into a new agreement with Contra Costa Water District containing terms substantially more favorable than those granted Antioch in its 1968 Agreement. Despite numerous attempts by Antioch to work with DWR to amend the 1968 Agreement, as legally required, DWR has refused to offer Antioch terms similar to those granted to Contra Costa Water District.
Notably, the terms of the 2016 Contra Costa Water District agreement acknowledge the adverse impacts to water quality that will result from the WaterFix Project in the Delta near Antioch. That agreement also directed DWR to “diligently” pursue negotiations with Antioch regarding the adverse impacts of the WaterFix Project – which DWR has failed to do.
Antioch believes that DWR is improperly selecting “winners and losers” with respect to the adverse impacts of the proposed twin tunnels project on municipal water suppliers in the Delta. The City contends that this is exactly the situation that the “me-too” clause in the City’s 1968 Agreement was intended to prevent.
Antioch as a city depends on the Delta for its quality of life, its drinking water supply, recreation and economic future. As one of the largest cities located entirely in the Delta, Antioch has been closely aligned with the protection of the Delta and its restoration. WaterFix and its unmitigated adverse impacts are in conflict with both of these critical goals.