State of Emergency Proclamation
WHEREAS climate change is intensifying the impacts of droughts on our
communities, environment and economy, and California must therefore
improve drought resiliency and prepare to respond to more frequent,
prolonged, and intense dry periods; and
WHEREAS much of the West is experiencing severe to exceptional drought
and California is in a second consecutive year of dry conditions, resulting in
drought or near-drought throughout many portions of the State; and
WHEREAS these drought conditions can result in degraded water quality,
fallowing of productive farmland, setbacks to vulnerable and rural communities
through job losses and longer-lasting recoveries, significant impacts to tribal,
commercial, and recreational salmon fisheries, constraints on access to
traditional lifeways, loss of aquatic and terrestrial biodiversity, and ecosystem
impacts; and
WHEREAS drought conditions vary across the State and some watersheds,
including the Russian River and Klamath Basin, are extremely dry and are facing
substantial water supply and ecosystem challenges; and
WHEREAS it is necessary to expeditiously mitigate the effects of the
drought conditions within the Russian River Watershed, located within
Mendocino and Sonoma counties, to ensure the protection of health, safety,
and the environment; and
WHEREAS experience in the last drought has demonstrated the value of
preparing earlier for potential sustained dry conditions, the need to improve our
monitoring and forecasting capabilities, and many other lessons that are
captured in the Administration's Report to the Legislature on the 2012-2016
Drought; and
WHEREAS the State and its many partners have strengthened drought
resilience since the last drought including state investments in water
management systems, implementation of the Sustainable Groundwater
Management Act, establishment of the Safe and Affordable Fund for Equity and
Resilience Program, development of the Administration’s Water Resilience
Portfolio, and continued water conservation by Californians whose current
statewide urban water use is 16% lower than at the beginning of the last
drought; and
WHEREAS state agencies have been actively responding to current
drought conditions and preparing for the possibility of a third dry year including
through convenings of the interagency drought team, which was established at
my direction, to organize, focus, and track changing conditions, coordinate
state agency responses, and work closely with partners across the State; and
WHEREAS under the provisions of Government Code section 8558(b), I find
that the conditions caused by the drought conditions, by reason of their
magnitude, are or are likely to be beyond the control of the services, personnel,
equipment, and facilities of any single local government and require the
combined forces of a mutual aid region or regions to appropriately respond;
and
WHEREAS under the provisions of Government Code section 8625(c), I find
that local authority is inadequate to cope with the drought conditions; and
WHEREAS to protect public health and safety, it is critical the State take
certain immediate actions without undue delay to prepare for and mitigate the
effects of, the drought conditions within the Russian River Watershed, and under
the provisions of Government Code section 8571, I find that strict compliance
with various statutes and regulations specified in this Proclamation would
prevent, hinder, or delay the mitigation of the effects of the drought conditions
of the Russian River Watershed, located within Mendocino and Sonoma
counties.
NOW THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in
accordance with the authority vested in me by the State Constitution and
statutes, including the California Emergency Services Act, and in particular,
section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY to exist in Mendocino
and Sonoma counties due to drought conditions in the Russian River Watershed.
IT IS HEREBY ORDERED THAT:
1. To further the success of Californias water conservation efforts and
increase our drought preparedness, state agencies shall partner with local
water districts and utilities to make all Californians aware of drought, and
encourage actions to reduce water usage by promoting the Department
of Water Resources’ Save Our Water campaign
(https://saveourwater.com) and other water conservation programs.
2. To continue coordination with partners across the State for the potential of
prolonged drought impacts, the Department of Water Resources, the
State Water Resources Control Board (Water Board), the Department of
Fish and Wildlife, and the Department of Food and Agriculture shall work
with regional and local governments, including groundwater sustainability
agencies, to identify watersheds, communities, public water systems, and
ecosystems that may require coordinated state and local actions to
address issues stemming from continued dry conditions, to ensure that we
can respond to water shortages and protect people, natural resources
and economic activity.
3. To continue partnership and coordination with Californian Native
American tribes, state agencies shall engage in consultation,
collaboration, and communication with California Native American tribes
to assist them in necessary preparation and response to drought
conditions on tribal lands and potential impacts to cultural and traditional
resources within ancestral lands.
4. To prioritize drought response and preparedness resources, the
Department of Water Resources, the Water Board, the Department of Fish
and Wildlife and the Department of Food and Agriculture, in consultation
with the Department of Finance, shall:
a. Accelerate funding for water supply enhancement, water
conservation, or species conservation projects.
b. Identify unspent funds that can be repurposed to enable projects to
address drought impacts to people, ecosystems, and economic
activities.
c. Recommend additional financial support for water resilience
infrastructure projects and actions for potential inclusion in the
upcoming May Revision.
5. To increase resilience of our water supplies during drought conditions, the
Department of Water Resources shall:
a. Work with counties to encourage reporting of household water
shortages, such as dry residential wells, on the website the
Department maintains for that purpose, to enable tracking of
drought impacts.
b. Work with counties, and groundwater sustainability agencies as
appropriate, to help ensure that well drillers submit required
groundwater well logs for newly constructed and deepened wells in
a timely manner.
c. Work with agricultural water suppliers and agricultural water users to
provide technical assistance, including implementation of efficient
water management practices and use of technology such as the
California Irrigation Management Information System.
d. Work with urban and agricultural water suppliers to encourage
timely submittal by water districts and public posting of urban water
management and water shortage contingency plans and
agricultural water management and drought plans.
e. Accelerate updating the land subsidence data it is providing to
support implementation of the Sustainable Groundwater
Management Act.
6. To increase resilience of our water systems during drought conditions, the
Water Board shall:
a. Use its authority, provide technical assistance, and where feasible
provide financial assistance, to support regular reporting of drinking
water supply well levels and reservoir water levels where the Water
Board determines that there is risk of supply failure because of
lowering groundwater levels or reservoir levels that may fall below
public water system intakes.
b. Prioritize the permitting of public water systems that anticipate the
need to activate additional supply wells where water quality is a
concern and treatment installation needs to proceed to relieve a
system’s potential supply concerns.
c. Provide annual water demand data, information on water right
priority, and other communications on water availability on its
website.
d. Identify watersheds where current diversion data is insufficient to
evaluate supply impacts caused by dry conditions, and take
actions to ensure prompt submittal of missing data in those
watersheds.
7. To address the acutely dry conditions in the Russian River Watershed, the
Water Board shall consider:
a. Modifying requirements for reservoir releases or diversion limitations
in that watershed to ensure adequate, minimal water supplies for
critical purposes.
b. Adopting emergency regulations to curtail water diversions when
water is not available at water rights holders’ priority of right or to
protect releases of stored water.
For purposes of carrying out this directive, Public Resources Code, Division
13 (commencing with section 21000) and regulations adopted pursuant
to that Division are suspended in the counties of Mendocino and Sonoma
to the extent necessary to address the impacts of the drought in the
Russian River Watershed. The Water Board shall identify the projects
eligible for the suspensions pursuant to this paragraph and maintain on its
websites a list of the activities or approvals for which these provisions are
suspended.
8. To ensure that equipment and services necessary for drought response in
the Russian River Watershed can be procured quickly, the provisions of the
Government Code and the Public Contract Code applicable to
procurement, state contracts, and fleet assets, including, but not limited
to, advertising and competitive bidding requirements, are hereby
suspended to the extent necessary to address the effects of the drought
in the Russian River Watershed, located within Mendocino and Sonoma
counties. Approval of the Department of Finance is required prior to the
execution of any contract entered into pursuant to this provision.
9. To increase the resilience of our natural habitats to protect vulnerable
species during drought conditions, the Department of Fish and Wildlife
shall:
a. Evaluate and take actions to protect terrestrial and aquatic species
and, wherever possible, work with water users and other parties on
voluntary measures to protect species.
b. Work to improve State hatcheries and increase water use efficiency
on State wildlife areas and ecological reserves to maintain habitat
for vulnerable species.
c. Respond to human-wildlife interactions related to ongoing dry
conditions and increase public messaging and awareness.
d. Work with commercial and recreational salmon fishing and tribal
representatives to anticipate and develop strategies to mitigate
and respond to salmon fishery impacts, with particular emphasis on
addressing impacts to salmon fisheries in the Klamath Basin.
10. To support our agricultural economy and food security during drought
conditions, the Department of Food and Agriculture shall:
a. Provide technical assistance to support conservation planning, on-
farm water and energy conservation practices and technologies,
including augmenting the State Water Efficiency and Enhancement
Program.
b. Conduct an economic analysis of drought impacts to agriculture,
including land use, jobs, and rural food economies, expanding on
existing research done in the last drought to include thorough
regional analysis especially in the Central Valley, and in the
implementation of the Sustainable Groundwater Management Act
and alternative land uses for fallowed land.
c. Maintain a web page with drought resources for farmers and
ranchers, including the United States Department of Agriculture and
other federal and state resources.
d. Work with federal agencies to assist Klamath Basin farmers and
ranchers contending with reduced water supplies.
11. To ensure the potential impacts of drought on communities are
anticipated and proactively addressed, the Department of Water
Resources, in coordination with the Water Board, shall develop
groundwater management principles and strategies to monitor, analyze,
and minimize impacts to drinking water wells.
12. To provide critical information on the different drought conditions across
the State, the Department of Water Resources, in consultation with the
Department of Fish and Wildlife, the Department of Food and Agriculture,
and the Water Board, shall develop a California Drought Monitor by
December 31, 2021, as recommended in the Administrations Report to
the Legislature on the 2012-2016 Drought.
13. To prepare for potential salinity issues in the Delta, the Department of
Water Resources, in consultation with the Water Board, the Department of
Fish and Wildlife, the Delta Stewardship Council, and the Central Valley
Flood Protection Board, shall initiate actions necessary to prepare for and
address potential Delta salinity issues during prolonged drought
conditions.
14. To prepare for potential impacts of drought conditions on species, the
Water Board and the Department of Fish and Wildlife shall work with
federal agency partners to manage temperature conditions for the
preservation of fish in the Sacramento River downstream of Shasta Dam
while balancing water supply needs.
This Proclamation is not intended to, and does not, create any rights or
benefits, substantive or procedural, enforceable at law or in equity, against the
State of California, its agencies, departments, entities, officers, employees, or
any other person.
I FURTHER DIRECT that as soon as hereafter possible, this Proclamation be filed
in the Office of the Secretary of State and that widespread publicity and notice
be given of this Proclamation.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 21st
day of April 2021
______________________________________
GAVIN NEWSOM
Governor of California
ATTEST:
______________________________________
DR. SHIRLEY WEBER
Secretary of State