CEQA Exemptions
On March 28, 2022, the Governor issued Executive Order N-7-22 to bolster regional water conservation efforts. The Executive Order suspends Public Resources Code, Division 13 (commencing with section 21000, also known as the California Environmental Quality Act or CEQA) and regulations adopted pursuant to that Division under specified circumstances. Specifically, projects may operate under that suspension where the Secretary of the Natural Resources Agency determines that the proposed activities are eligible to be conducted under this suspension, taking into account the purpose of accelerating conservation projects that are necessary to address impacts of the drought, while at the same time protecting public health and the environment. The Executive Order also directs the Natural Resources Agency to maintain on its website a list of all activities or approvals for which these provisions are suspended.
On May 17, 2023, the Governor issued Executive Order N-7-23 to bolster emergency flood preparation and response efforts. The Executive Order suspends Public Resources Code, Division 13 (commencing with section 2100, also known as the California Environmental Quality Act or CEQA) and regulations adopted pursuant to that Division under specified circumstances. Specifically, projects may operate under that suspension where the Secretary for Natural Resources Agency determines that the proposed activities are eligible to be conducted under this suspension, taking into account the purpose of emergency flood preparation and response. The Executive Order also directs the Natural Resources Agency to maintain on its website a list of all activities or approvals for which these provisions are suspended.
On April 19, 2022, the Secretary for Natural Resources determined that a suspension of CEQA was appropriate under the March 28 Executive Order to facilitate a change in land use on a property purchased by the Westlands Water District. The Westlands board intends to remove an almond orchard from the property in order to reduce groundwater pumping and help protect groundwater levels along the California Aqueduct. The Westlands letter requesting an exemption is available here. The Secretary’s letter is available here.
On May 25, 2022, the Secretary for Natural Resources determined that a suspension of CEQA was appropriate under the March 28 Executive Order to facilitate a voluntary water-sharing agreement reached by stakeholders in the upper Russian River watershed. Under the agreement, water users volunteer to share water with one another with the goal of all water users who participate having water later into the dry season and delaying or avoiding curtailment. A letter from the city of Healdsburg requesting an exemption and the Secretary’s response are available here. On May 31, 2022, the Secretary responded to a similar request from the city of Ukiah, and the related documents are available here.
On August 10, 2022, the Secretary for Natural Resources determined that a suspension of CEQA was appropriate under the March 28 Executive Order to facilitate a North Yuba Water District project to install about 10 miles of pipe and prevent leakage estimated at 35 percent to 80 percent from an open-earth ditch. A letter from the North Yuba Water District is here, and the Secretary’s response is available here.
On August 16, 2022, the Secretary for Natural Resources determined that a suspension of CEQA was appropriate under the March 28 Executive Order to facilitate a Tuolumne Utilities District project that involves replacing an earthen ditch with pipeline and extending the pipeline (primarily within an existing road) to bypass and retire an existing and inefficient water treatment plant. A letter from the Tuolumne Utilities District is here, and the Secretary’s response is available here.
On October 25, 2022, the Secretary for Natural Resources determined that a suspension of CEQA was appropriate under the March 28 Executive Order to facilitate a change in land use on property purchased by the Westlands Water District. The Westlands board intends to permanently fallow approximately 2,588 acres in the district in order to reduce groundwater pumping and help protect groundwater levels along the California Aqueduct. The Westlands’ letters requesting an exemption are available here and here. The Secretary’s letter is available here.
On February 15, 2023, the Secretary for Natural Resources determined that a suspension of CEQA was appropriate under the March 28 Executive Order to facilitate importation of State Water Project supplies to the United Water Conservation District (UCWD) service area in order to improve conditions within several groundwater basins. The supplemental State Water Project supplies would help offset effects of extended drought experienced in the district’s Ventura County service area. The UCWD letter requestion an exemption is available here. The Secretary’s letter in response is available here.
On March 3, 2023, the Secretary for Natural Resources determined that a suspension of CEQA was appropriate under the March 28 Executive Order to facilitate a change in land use on property to be purchased by the Westlands Water District. The Westlands board intends to acquire and permanently fallowing 84 acres of land, 61 acres of which are currently planted with almond trees, in order to reduce groundwater pumping. The Westlands’ letter requesting an exemption is available here. The Secretary’s response is available here.
On May 8, 2023, the Secretary for Natural Resources determined that a suspension of CEQA was appropriate under Executive Order N-7-22 to facilitate a change in land use on property to be purchased by the Westlands Water District. The Westlands board intends to acquire and permanently fallowing 843.25 acres of land, 626.58 acres of which are currently planted with almond trees and 216.94 of which are planted with wine grapes, in order to reduce groundwater pumping. The Westlands’ letter requesting an exemption is available here. The Secretary’s response is available here.
On July 17, 2023, the Secretary for Natural Resources determined that a suspension of CEQA was appropriate under Executive Order N-7-22 for work by the Kaweah Delta Water Conservation District to expand an existing groundwater recharge basin by removing an existing walnut orchard. The project will improve the district’s ability to store water in years of abundant precipitation, increase flood protection, and benefit migratory waterfowl. The Kaweah Delta letter requesting an exemption is available here. The Secretary’s response is available here.
On July 17, 2023, the Secretary for Natural Resources determined that a suspension of CEQA was appropriate under Executive Order N-7-23 for work by the Consolidated Irrigation District to reduce the risk of local catastrophic flood impacts. The district intends to construct a groundwater recharge basin on 120 acres of district-owned land that is now planted in grape vines and nut trees and to construct infrastructure necessary to divert floodwaters into the recharge basin. The Consolidated Irrigation District letter requesting an exemption is available here. The Secretary’s response is available here.
