Huge flock of Snow Geese take flight above a field on Twitchell Island in the California Delta. Kelly M. Grow/ DWR

COMMENTARY: Reject the discriminatory, illegitimate, and harmful Voluntary Agreements

By the Delta Tribal Environmental Coalition, consisting of the Shingle Springs Band of Miwok Indians, Winnemem Wintu Tribe, Little Manila Rising, and Restore the Delta.

California has formally apologized to tribes for state-sanctioned atrocities and committed to improving relationships between the state and tribal governments. Our elected leaders have also passed numerous laws intended to advance environmental justice outcomes. Yet, when it comes to decisions for the Sacramento-San Joaquin watershed, the Newsom administration has thrown tribes and environmental justice communities under the bus.

Newsom’s discriminatory and harmful actions include promoting the Delta Conveyance Project and Sites Reservoir along with “voluntary agreements” to deregulate agribusiness in the Bay-Delta Plan.

The Bay-Delta Plan is supposed to provide ecosystem protections for the state’s largest and most fragile estuary. Instead, the current version extends unsustainable and harmful water diversions while paying lip service to tribal water use protections and Delta environmental justice communities. Its approval will not fulfill the state’s duties to sovereign tribal nations, Delta communities, and environmental protection.

From the beginning, the Plan was crafted to maintain status quo water use through a series of backroom deals. The voluntary agreements were negotiated in secret and deliberately excluded tribes and environmental justice organizations. In addition, state agencies used confidentiality agreements to restrict access to scientific data and discussions in support of the voluntary agreements.

In 2022, the Delta Tribal Environmental Coalition (DTEC) filed a Title VI complaint with the U.S. Environmental Protection Agency, calling for an investigation into discriminatory water management practices and policies in the Bay-Delta. DTEC members participated in mediation sessions with USEPA and the State Water Board to try and resolve the discriminatory practices, but the State Water Board dragged its feet on offering restorative actions and the complaint remains outstanding.

If the State Water Board wants to live up to its tribal and racial equity commitments, it must reject the discriminatory voluntary agreements and approve a protective and enforceable plan that respects Tribal sovereignty, incorporates Traditional Ecological Knowledge, and uplifts Delta communities.

Note:  The views and opinions expressed in this commentary are those of the author and do not necessarily reflect the official policy or position of Maven’s Notebook.

More coverage of the Voluntary Agreements on Maven’s Notebook …

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CAL MATTERS: Has the Trump administration doomed Newsom’s water plan?

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COMMENTARY: Reject the discriminatory, illegitimate, and harmful Voluntary Agreements

By the Delta Tribal Environmental Coalition, consisting of the Shingle Springs Band of Miwok Indians, Winnemem Wintu Tribe, Little Manila Rising, and Restore the Delta. California has formally apologized to tribes for state-sanctioned atrocities and committed to improving relationships between the state and tribal governments. Our elected leaders have also passed numerous laws intended to advance environmental justice outcomes. Yet, when it comes to decisions for the Sacramento-San Joaquin watershed, the Newsom administration has thrown tribes and environmental justice communities […]

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