HomeMy WebLinkAbout26 - Response to 2022-2023 Orange County Grand Jury Report "Historic Rain, Yet Drought Remains"Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
August 22, 2023
Agenda Item No. 26
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Mark Vukojevic, Utilities Director - 949-644-3011,
mvukojevic@newportbeachca.gov
PREPARED BY: Mark Vukojevic, Utilities Director, mvukojevic@newportbeachca.gov
PHONE: 949-644-3011
TITLE: Response to 2022-2023 Orange County Grand Jury Report
"Historic Rain, Yet Drought Remains"
ABSTRACT:
For the City Council's consideration is approval of a response letter to the 2022-2023
Orange County Grand Jury Report "Historic Rain, Yet Drought Remains" pursuant to
California Penal Code Section 933.05 (a) and (b). The City of Newport Beach (City) is
required to comment on certain findings and recommendations no later than September
7, 2023.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve the City's response to the 2022-2023 Orange County Grand Jury Report
"Historic Rain, Yet Drought Remains" and authorize the Mayor to submit the letter to
the Presiding Judge of the Superior Court.
DISCUSSION:
The 2022-2023 Orange County Grand Jury (Grand Jury) report, "Historic Rain, Yet
Drought Remains" (Attachment A) focuses on the current reliability and recommendations
for Orange County's potable water sources. The Grand Jury' s report was issued on
June 9, 2023, with responses due by September 7, 2023 from the governing body.
The Grand Jury's report includes an overview of how droughts and recent heavy rains
and snowpacks have affected the local water supply. The Grand Jury report noted North
Orange County's progress in creating water resiliency and also noted concerns for water
reliability in South Orange County and in California. The report provides a total of
12 findings and four recommendations. Per California Penal Code 933. 05 (a) and (b),
the City is requested to respond to the findings and to three of the recommendations as
outlined in the report.
26-1
Response to 2022-2023 Orange County Grand Jury Report
"Historic Rain, Yet Drought Remains"
August 22, 2023
Page 2
The Grand Jury report's findings and recommendations primary focus is on the need for
more local water supplies and for more State water storage for the benefit of Orange
County. In general, the City of Newport Beach and its wholesale water partners Orange
County Water District (OCWD) and Metropolitan Water District of Orange County
(MWDOC) concur with the Grand Jury's recommendations. In fact, the City and its
partners have worked for decades to create local water supplies and reduce the area's
reliance on imported water from Northern California and the Colorado River. As noted in
the report, the leadership of the cities and the wholesale agencies should be recognized
for the initiatives to increase water resiliency; effectively the model for the rest of the
county and state.
Staff from the Utilities Department prepared the City' s proposed responses to the Grand
Jury with assistance from the Orange County Water District. Attached is a letter for the
Mayor's signature and the City's proposed responses for submittal to the Presiding Judge
(Attachment B).
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — 2022-2023 Orange County Grand Jury Report
Attachment B — Letter and Proposed Response to the Grand Jury
26-2
T +
A WET WINTER IN THE WEST T HASN'T mow,
CHANGED ALIF F N1*5 WATER
CHALLENGES
r
5 k,
x'1''.
or —
Historic Rain,
Yet Drought Remains
County of Orange Grand Jury 2022-2023
HISTORIC RAIN, YET DROUGHT REMAINS
TABLE OF CONTENTS
SUMMARY...................................................................................................................... 3
BACKGROUND..............................................................................................................
4
REASON FOR STUDY................................................................................................... 5
METHODOF STUDY...................................................................................................... 6
INVESTIGATION AND ANALYSIS..................................................................................
7
Climate........................................................................................................................ 7
WaterDemands........................................................................................................... 8
Overview of Water Suppliers and Agencies.................................................................
9
Metropolitan Water District (MET) — (Water Wholesaler) .............................................
9
Municipal Water District of Orange County (Water Wholesaler) ................................
11
Orange County Water District (Water Wholesaler)....................................................
12
WaterRetailers..........................................................................................................
12
State of California Managed Supplies........................................................................
14
Federal Intervention...................................................................................................
16
WaterJustice.............................................................................................................
16
Actions to Secure and Strengthen Supply.................................................................
17
Effective Management of Initiatives...........................................................................
17
Public Awareness of the Need for Action...................................................................
20
Effecton Local Economy...........................................................................................
21
Drinking Water Obtained from the Sea......................................................................
22
COMMENDATIONS......................................................................................................
24
FINDINGS.....................................................................................................................
24
RECOMMENDATIONS.................................................................................................
25
REQUIRED RESPONSES............................................................................................26
REQUESTED RESPONSES.........................................................................................
27
GLOSSARY..................................................................................................................
31
REFERENCES..............................................................................................................
34
APPENDIX A: ACTIONS BY LOCAL AGENCIES TO SECURE SUPPLY ....................
38
Purchase of water rights............................................................................................
39
Utilization of other supplies........................................................................................
44
Water Efficiency to Increase Supply..........................................................................
44
APPENDIX B: GRAPHICS OF INTEREST............................................................................45
BIBLIOGRAPHY...........................................................................................................
48
ORANGE COUNTY GRAND JURY 2022 1 2023 Page 2 of 57
26-4
HISTORIC RAIN, YET DROUGHT REMAINS
NOTICE......................................................................................................................... 56
ENDNOTES.................................................................................................................. 56
SUMMARY
The "atmospheric river" of winter 2022-23 in California, causing floods in the lowlands
and record snowpack in the mountains, has many people assuming that the "drought is
over." This assumption is far from the truth. Drought conditions are here to stay. While
Orange County dams and reservoirs are currently at full capacity and the Sierra
snowpack is at its deepest level in many years, there has been limited impact on the
Western Rockies, the Colorado River, Lake Powell, and Lake Mead from which
Southern California draws a significant amount of its potable water supply.
For the purposes of this report, the Orange County Grand Jury differentiated between
source and supply. The source of water is the ocean and the resultant precipitation.
The supply of water is how precipitation is captured and delivered to consumers of
water, including recycling and reuse of this water.
Climatologists, water experts, and water managers agree we must adapt to climate
change because longer droughts and extreme weather patterns are inevitable, adding
urgency towards finding new methods for obtaining additional water sources.
In Orange County, the lack of available water over the past few years has frequently
been identified as a "Water Crisis", yet the phrase has failed to capture the scope of
how dire the situation is. Generally, people don't think about having enough water
because it has been reliably available their entire lives. Throughout the county, there
are numerous innovative water projects under consideration or development, but they
may not be timely enough to avoid people running short of water and having to
conserve much more, ultimately leading to mandated rationing.
Approximately half of all water used in Southern California is imported from the
Colorado River and from the California Aqueduct. This imported water is severely
constrained and unreliable. With infrequent and unreliable amounts of precipitation
supplying both the Northern California Water Project and the Colorado River, the
situation is becoming more critical. Several South Orange County cities rely almost
solely on these imports. Locally, significant efforts are being made to re -use
wastewater. These efforts are limited by the amount of water available from everyday
use and do not create a new water source.
North and Central Orange County are served by a well -managed supply of water in
underground storage, but it cannot meet the needs of the entire County. South County
is entirely dependent on imported water.
The State of California mandated local governments to provide more affordable housing
and is also promoting higher density development. This does not recognize the
limitations of the current water supply and its social and economic impacts. The State
has failed to provide a supply of water to support these mandates.
ORANGE COUNTY GRAND JURY 2022 1 2023 Page 3 of 57
26-5
HISTORIC RAIN, YET DROUGHT REMAINS
Public awareness must be expanded to encourage better management of our water by
expediting the process for planning and construction of new water sources such as
desalination and prioritizing funding.
The Orange County Grand Jury recommends the creation of a "Climate Resiliency
District" to lessen the County's dependence on State and regional water projects. Just
as Orange County supported Measure M and created the Orange County
Transportation Authority to solve the county's transportation crisis, the same bold
leadership is needed to solve the county's water crisis.
This report presents information about the current crisis in water planning, existing
projects to increase the supply of non -potable water for irrigation, and storage issues.
The report makes recommendations for a reliable source of potable water through
desalination of ocean water.
BACKGROUND
Water is our most precious resource, but due to shifts in climatic weather patterns, the
reliability of traditional water supplies is under intense pressure in Orange County. Many
water business insiders are stating privately that these systemic events are now at a
"crisis" stage, despite the recent precipitation.
To date, traditional water suppliers in Orange County have not addressed the
implications of this systemic shift. They have maximized local resources by recycling,
capturing flood water runoff, and finding new areas for storage. However, they have yet
to fully develop a transformational drought -resistant water resource outside the status
quo.
Numerous past Orange County Grand Jury reports' have dealt with the internal
governance and organizational structure or the need for conservation efforts to
maximize water utilization. This report elaborates on the dependency on outside water
supplies such as the California Water Project and the Colorado River Basin that provide
over 50% of our county's local water supply. South Orange County lacks a bountiful
aquifer that provides North and Central Orange County with 70% of its water supply.2
South Orange County depends on imported waterfor 90% of its needs. These imported
water supplies are becoming less reliable, with annual reductions occurring in both the
California Water Project and the Colorado River Basin creating major disruptions.
Conservation measures have been put in place throughout Orange County to maximize
existing supplies to help mitigate these concerns. This is simply inadequate to resolve
the long-term supply issue. One of the ways to resolve this issue is desalination, a
proven alternative that has not yet been fully implemented in Orange County.
ORANGE COUNTY GRAND JURY 2022 12023 Page 4 of 57
26-6
HISTORIC RAIN, YET DROUGHT REMAINS
kk
Olt
State
Water
Project tt
Entitlemen/
(1972)
Where Southern California
Gets Its Water
500/o Import - 500/o Local
Transfers & Storage
LA.
Local Supplies
LA Aqueduct (1913)
cam
Rim
Agwoft,d
Colorado River
Aqueduct (1941
Focal Supplie , *' Conservation
Groundwater & Recycling
M{}[y1G1BNL
CW �A
tlIYTFIIC-!'
0
PRANR6
GOLMYh'
REASON FOR STUDY
The Western United States is experiencing a water crisis. The climate is changing, and
our supply of water has diminished while our population has increased. This situation
did not occur overnight and the efforts to mitigate the crisis have been slow and
ineffective.
Existing water agencies in Orange County are not adequately structured or managed to
implement the transformational strategies necessary to create a new source of potable
water, specifically through desalination. It is possible that a merger of two or more
agencies could pivot this new source, but they are already performing the functions for
which they were created and it might be difficult to assimilate new functions. The
Orange County Grand Jury recommends the creation of a new agency, a Climate
Resiliency District, to develop and manage this drought -resistant resource.
Local water suppliers, including cities and special districts, are to be commended for
attempting to meet the crisis within constraints. The Orange County Water District very
ORANGE COUNTY GRAND JURY 2022 12023 Page 5 of 57
26-7
HISTORIC RAIN, YET DROUGHT REMAINS
successfully manages the ground water basin serving North and Central Orange
County. These efforts include actively pursuing water transfer and water banking
agreements outside of Orange County. Local water suppliers need to expand their
portfolio to meet demands. Additional capture of precipitation, supplying groundwater
through infiltration, additional storage systems, development of ocean desalination, and
recycling and reuse of water all need to be considered and improved and implemented.
The general public, the ultimate users of the water, need to continue their efforts to
conserve water by installing low -flow toilets and showerheads, appliances that use less
water, using recycled water for landscape irrigation, and eventually accepting the use of
recycled water purified for drinking purposes. They also need to support and expedite
the development of desalination plants to create a new source of water for the future. It
will be necessary for the water suppliers to develop effective public awareness
programs to help the public understand the need and desirability of this new paradigm.
METHOD OF STUDY
The Orange County Grand Jury (OCGJ) took the following steps in investigating this
issue:
• Identified and interviewed key personnel:
o Persons or entities responsible for providing potable water to their Orange
County constituents
o Persons knowledgeable in projects to improve capture, reclamation,
recycling, delivery, and infrastructure improvements
o Persons involved in the planning and execution of providing new habitable
dwellings
o Persons who are reputable in the field of climatology — past, present, and
future
• Reviewed information from the various water districts and interested parties
including:
o Orange County Water District (OCW)
o Orange County Coast Keepers
o California Department of Water Resources
o Miscellaneous Water Districts
o Municipal Water District of Orange County (MWDOC)
o Metropolitan Water District (MET)
• Reviewed numerous documents pertaining to this report (see bibliography for
complete list)
• Members of the OCGJ toured the following facilities:
o Municipal Water District of Orange County Headquarters
o Orange County Water District Ground Water Recovery Facility
o Metropolitan Water District
■ Headquarters
ORANGE COUNTY GRAND JURY 2022 1 2023 Page 6 of 57
26-8
HISTORIC RAIN, YET DROUGHT REMAINS
■ F.E. Weymouth Water Treatment Plant and Quality Control
Laboratory
■ Pure Water Southern California Demonstration Plant in Carson
INVESTIGATION AND ANALYSIS
Climate
The current state of our climate is a prolonged drought. To survive, local sources of
water need to be more resilient.
Throughout Earth's evolution, there have been and continue to be impacts on its
climate. The continents have been drifting since there was a super continent, Pangea,
175 million years ago. The resulting different geographic locations have differing climate
conditions which are still evolving. These "climate changes" have been extensively
studied and documented by paleo-climatologists, and their data has been used to
forecast what climate conditions will most probably be in the future.
"The current state of our climate
is a prolonged drought. To survive, local
sources of water need to be more resilient. "
Today's scientists and climatologists agree that Earth is changing due to evolutionary
cycles and that climate warming is being acutely exacerbated and accelerated by the
effects of human activities. Worldwide, glaciers are receding, sea levels are rising, and
permafrost melting. Many global regions that were historically self-sufficient for potable
water are now in periods of extended drought where precipitation is a declining
resource. Orange County is directly affected by the resulting effects of climate change,
evidenced by water reduction mandates and the various proposed means and methods
to capture, recycle, and store more water.
This report acknowledges climate change and its effects on the people of Orange
County. It examines whether the current proposed means and methods for securing
more water are sufficient to sustain the projected growth in the county and support the
green and vibrant lifestyle to which its inhabitants have become accustomed.
As evidenced over the past five decades, the durations and resulting expectations from
the seasons in this geographic region of the U.S. (Western) have dramatically changed.
Winters have seen declining periods of sustained precipitation, and summers are hotter,
longer, and drier. This has directly affected the rivers, lakes, streams, dammed
reservoirs above ground and aquifers below ground that rely on melted snow and rain
for continued and reliable replenishment. Paleo-climatologists have validated the past
ORANGE COUNTY GRAND JURY 2022 1 2023 Page 7 of 57
26-9
HISTORIC RAIN, YET DROUGHT REMAINS
climate drought trends, and today's climatologists are predicting the same, punctuated
by infrequent periods of precipitation, like the precipitation events of this past winter
(2022-23). This all points to the current supplies of water not being dependable.
Key facts and predictions identified during interviews and the numerous climate articles
reviewed are:
• The current Western United States drought is the longest in 1,200 years
• The drought is likely to continue for the next 100 years.
• The current Southern California climate is characterized as "drought" but this is
likely to be interrupted by infrequent wet years.
• Human activities have affected the climate. The Southern California climate is
expected to enter a cooler phase based upon long-term historic trends, rather
than the current warming.
• Even if carbon emissions are suddenly decreased, the climate could take up to
100 years to adjust.
The following graph illustrates the current tendency of the climate. It shows five
categories: Abnormally Dry (DO), showing areas that may be going into or are coming
out of drought, and four levels of drought (D1—D4). The darker the color, the deeper the
drought. It clearly shows increased and more frequent levels of drought for California.
[:]DO ❑ Dl ED2 ED3 ED4 U.S. Drought Monitor
California
Drought as the norm has reduced precipitation as a source of water and Orange County
needs to respond to it by providing a more drought resilient supply of water.
Water Demands
In the past fifty years, California's population has nearly doubled. Water is
needed, and expected, to sustain the current population in all aspects: quality of
life, commerce, industry, agriculture, etc., and promote growth and development.
However, current, and foreseeable circumstances regarding water availability
ORANGE COUNTY GRAND JURY 2022 12023 Page 8 of 57
26-10
HISTORIC RAIN, YET DROUGHT REMAINS
have severely impacted modern Californians' expected way of life. To preserve
the status quo, water reduction mandates are used to facilitate further
development.
• Some water agencies are paying farmers to not grow crops. They are
transferring the farmer's water rights to the water agency to feed the thirst of
metropolitan areas. Many projects to capture, transport, and store water have
been proposed but not yet constructed due to various political and environmental
obstructions. The projects that have been approved to capture, store, recycle,
and transport more water will only succeed if there is enough water to do so.
Precipitation is a declining source of water. Interviews with water experts, e.g.,
wholesalers, retailers, and suppliers have said that "we cannot conserve our way
out of the drought" but they have yet to make Orange County self-sufficient.
Overview of Water Suppliers and Agencies
The water supply for Orange County is primarily managed by three entities — Orange
County Water District (OCWD), Municipal Water District of Orange County (MWDOC),
and Metropolitan Water District (MET).
Consumers receive their water from 29 independent water districts and cities. The
suppliers primarily receive water from either the groundwater basin managed by
OCWD, directly from MET, or through MWDOC. The water agencies also have
additional minor supplies of water, including treated surface waters and supplies
obtained from agreements with other entities. Some of the water agencies provide
treated wastewater for landscaping and industrial uses (recycling).
Metropolitan Water District (MET) — (Water Wholesaler)
The Metropolitan Water District (MET) serves the water needs of Southern California by
securing and transporting water. This includes overseeing the importation of water from
the Colorado River Basin since 1941 and the State Water Project since 1971. MET is a
wholesaler which sells and allocates this water to other water agencies, municipalities,3
and counties from Ventura to San Diego. Orange County receives its purchased
allocation through the Municipal Water District of Orange County. Recognizing the long-
term effects of drought and reduced flows from the Colorado river and California
Aqueduct, the MET has initiated major water conservation and recycling programs to
make water management a priority. They have attempted to create storage capability
and negotiate contracts with the agricultural entities within the Colorado basin to limit
their water usage and acquire their allocations.
The long-term threat of climate change and historic droughts have challenged MET and
they have failed to identify new supplies of water beyond their historic charter. The State
Water Project is delivering only 10% of the historical allocation and the Colorado River
supply allocation was reduced 25% in 2022.
ORANGE COUNTY GRAND JURY 2022 1 2023 Page 9 of 57
26-11
HISTORIC RAIN, YET DROUGHT REMAINS
Metropolitan Water District is in the water movement business and is not historically
tasked with securing new sources of water. As the leading water agency in Southern
California, MET has not taken on this responsibility. Their supply of water is dependent
on precipitation. When the water allocation was reduced from the State Water Project,
MET had to switch many of its customers to the Colorado River. However, numerous
articles have documented that the lakes on the Colorado River (Mead and Powell) are
at the lowest levels since they were built, and their future viability is at question due to a
decade's long drought in the west.
The State Water Project4 includes 700 miles of delivery canals (California Aqueduct)
that serves 27 million people and irrigates 750,000 acres of farmland, which supplies
fifty percent of the United States' produce. The project originated in 1960 and although it
is well maintained, it has not been upgraded in years. The water for the State Water
Project comes primarily from the Sacramento -San Joaquin Delta. When forming its
water strategies, Orange County needs to recognize that the State Water Project's
reliability is in doubt due to its 53-year history of not being adequately maintained.
The Colorado River has been in the news due to the drought reducing its flow over the
past twenty years. The agreements regarding the allocation of Colorado River water are
set to expire in 2026 and are currently being renegotiated. Water levels at Lake Mead
and Lake Powell have dropped significantly, and experts say it would take at least 10
years of above average precipitation to restore them. Orange County should simply not
rely upon the Colorado River as a dependable supply, now or in the future.
Following numerous interviews and a thorough review of project documentation, the
Grand Jury reached several conclusions regarding MET programs to replace dwindling
ORANGE COUNTY GRAND JURY 2022 1 2023 Page 10 of 57
26-12
HISTORIC RAIN, YET DROUGHT REMAINS
water supplies. Most notable is that the Carson wastewater reclamation project is years
away from being completed and 20 years behind similar projects in Orange County.
Overall, MET cannot be expected to significantly replace the reductions in water
allocations from the Colorado River and the State Water Project within the next decade.
"MET water will not be reliable for at least a decade and Orange
County needs to consider developing other resources to make up
for this lack of reliability. "
Municipal Water District of Orange County (Water Wholesaler)
The Municipal Water District of Orange County (MWDOC) is primarily a wholesale water
provider and, to a lesser extent, a water resource development and planning agency for
nearly 3.2 million Orange County residents, and businesses. MWDOC buys imported
water from the California State Water Project in Northern California and the Colorado
River through the Metropolitan Water District of Southern California. MWDOC has four
representative seats on the Metropolitan Water District (MET) Board. Through its
member agencies, MWDOC covers all of Orange County except the Cities of Anaheim,
Fullerton, and Santa Ana.
Orange County must import water due to limited local water supplies. Central and North
County import approximately 30% of their water to supplement its existing supply.
However, South County is highly reliant on the Municipal Water District, as South
County water districts must import 90% of their water supply from outside of Orange
County.
The Municipal Water District of Orange County is extremely important as a wholesaler
or broker to the retail water districts in Orange County and as a representative of
Orange County's interest on the Metropolitan Water District Board.
MWDOC has completed a comprehensive study of Orange County's water reliability
needs that could serve to achieve a climate resilient water supply. The study covers
MET system reliability and Orange County projects including desalination projects,
water shed projects, and water banking projects. The study also identifies the crisis
Orange County is facing — by 2030, eight out of every ten years can be expected to be
in drought. However, the study is devoid of information about financing and
implementation, and its conclusions rely too much on MET efforts that are decades
behind where they should be.
Based upon this study and MWDOC's countywide area of responsibility, MWDOC could
conceivably lead Orange County's efforts to plan, finance, and implement water source
and supply projects.
MWDOC serves no other purpose than to distribute water and has not attempted to
expand its supply of water beyond its engagement with the MET. Previous Orange
ORANGE COUNTY GRAND JURY 2022 1 2023 Page 11 of 57
26-13
HISTORIC RAIN, YET DROUGHT REMAINS
County Grand Juries have recommended that the MWOC and OCWD merge for a more
efficient and streamlined approach towards water management.
Orange County Water District (Water Wholesaler)
The Orange County Water District (OCWD) provides water to 2.5 million residents in
North and Central Orange County. The District effectively manages the Orange County
groundwater basin that provides approximately 77% of water used in the region. It
supplies the 19 cities and retail water agencies in Central and North Orange County
with potable water. As the sole adjudicator of Orange County's ground water basin, the
agency plays a vital role in assuring the aquifer is effectively managed.
The Orange County Water District has been a true innovator in water management and
operates the world's largest water purification replenishment system for indirect potable
water use. Over 130 million gallons per day are recycled into the Orange County
aquifer, thus replenishing this vital resource. It has exhausted the wastewater supply
available for recycling through its comprehensive efforts.
The management of Orange County's underground reservoir has been exceptional.
OCWD has also implemented a regional groundwater banking program to assure long-
term reliability and increasing stormwater capture behind Prado Dam where water
eventually gets released and recharged into the Orange County aquifer, thus becoming
part of the local water supply.
Despite its absolute success at recycling, the Orange County Water District must still
import 23% of its water brokered by the Municipal Water District of Orange County
through the Metropolitan Water District. The local Orange County ground water basin is
simply not large enough to meet demand.
Water Retailers
The Irvine Ranch Water District serves a large Orange County populace of 600,000,
primarily in the Cities of Irvine, Lake Forest, parts of the Cities of Orange, Costa Mesa,
Tustin, and Newport Beach. IRWD provides water as well as reliable sewage collection
and treatment. The combination of being a water retailer combined with managing
sewage treatment has allowed IRWD to implement groundbreaking recycling water
programs for non -potable use and innovative urban runoff programs. The district relies
partially on the Orange County basin for its water supply, but also is dependent on 20%
of imported water from the Municipal Water District of Orange County.
As an innovator, the IRWD secured rights to the Kern water basin for water storage.
This storage reduces its reliance on Metropolitan Water District and provides access to
a potential supply of water in an emergency. Through conservation and water efficiency
programs, IRWD has reduced overall water consumption year over year allowing
development to continue to move forward unabated within the jurisdiction it serves.
However, growth in community development exposes IRWD to shortages as its
allocation of imported water is determined by Municipal Water District of Orange
County.
ORANGE COUNTY GRAND JURY 2022 1 2023 Page 12 of 57
26-14
HISTORIC RAIN, YET DROUGHT REMAINS
The Moulton Niguel Water District serves 170,000 residents in South Orange County,
and is highly dependent on imported water from the Municipal Water District of Orange
County (in excess of 90% of its potable water). Therefore, the District has made a major
effort to drive efficiency and conservation efforts, which have been successful in
reducing water utilization and continue to allow local development. Negotiations are
underway with local sanitation districts to attempt to initiate recycling programs for the
betterment of the community. The collaboration with South Orange County Wastewater
Authority (SOCWA) has been less than cooperative thereby impeding recycling efforts.
Should the Municipal Water District of Orange County fail to deliver the required water,
Moulton Niguel Water District is highly vulnerable to supply disruption.
The Rancho Santa Margarita Water District (RSMWD) imports 100% of its potable
water from the Municipal Water District of Orange County and services over 200,000
residents in south Orange County, primarily the eastern portion of Orange County from
Mission Viejo to San Clemente. As a result, the District has committed to developing
local reliable drinking water supplies. RSMWD constantly monitors opportunities to
enhance its water portfolio. The current major effort is the San Juan Watershed project
that will capture local stormwater runoff as well as directing recycled water to recharge
the local underground aquifer.
Conservation water efficiency efforts have also played a major role to minimize water
usage. Within RSMWD's service area, there are major communities being planned. The
planned communities under development, Los Flores and the Ranch, will add 15,000
homes or approximately 60,000 additional residents to the District's customer base.
With this development the water demand will increase and therefore will increase the
need to import water. Should Municipal Water District of Orange County fail to deliver
required water, RSMWD is highly vulnerable to supply disruption.
The South Coast Water District (SCWD), like other south Orange County water
districts, is highly dependent on imported water from the MWDOC. SCWD serves
35,000 residents and 2 million visitors a year. SCWD relies on 90% of its potable water
being supplied by the MWDOC. SCWD is to be applauded in its attempt to expand its
efforts to decrease its dependence on imported water. Recently, SCWD was granted
approval to proceed with an ocean desalination plant of 5 million gallons of water a day.
The plant is to be built within the next five years. SCWD is working to maximize
recycling efforts to minimize reliance on imported water. Major conservation and water
efficiency programs have been implemented locally. Until the desalination plant comes
online, and should MWDOC fail to deliver required water, SCWD is highly vulnerable to
supply disruption.
Until the desalination plant comes online, and should
MWDOC fail to deliver required water, SCWD is highly
vulnerable to supply disruption.
ORANGE COUNTY GRAND JURY 2022 12023 Page 13 of 57
26-15
HISTORIC RAIN, YET DROUGHT REMAINS
Other Orange County Water Suppliers. Water wholesalers in Orange County work
with local water retailers to provide water to their residents. The Orange County local
retailers include 29 cities and local water districts.
Most of the cities and water agencies have implemented programs to minimize water
utilization to become more efficient. They are to be applauded for their efforts.
South Orange County retailers Moulton Niguel Water District, Rancho Santa Margarita
Water District, and South Coast Water District are highly dependent on the importation
of water, in excess of 90% of total local demand.
Irvine Ranch Water District is included because of the unique characteristics that were
identified during the course of this investigation. Specifically, the Grand Jury noted its
creativity in securing potential sources of water coupled with the continued development
of the Irvine Ranch and water required to serve new residents.
South Orange County retailers are highly dependent on the importation of water for
more than 90% of local demand. The Grand Jury's investigatory efforts have included a
focus on this dependency.
State of California Managed Supplies
The State of California is responsible for operating the State Water Project, planning
and implementation of statewide projects for water supply, State bond financing for
projects, and management of federal and State funding programs. These have been
insufficient to address the threats to Orange County water supply.
Water management in California is very complex. There are numerous constituents
placing a huge demand on water resources: agriculture, urban centers, industry,
business, developers, tourism, and residents. This pressure coupled with an antiquated
water structure with hundreds of water wholesalers and retailers makes a challenging
dynamic.
Environmental pressure exacerbates the challenge. The State's lack of long-term
solutions to California's water needs is not new. No new reservoirs have been built
since the 1970's when the population was 20 million people. 50 years later, California's
population has almost doubled to 39 million. For years, the State has studied proposals
to secure additional supplies of water by moving water from the Sacramento delta to
Southern California through the California Water Project, with no discernable results.
The project is needed to protect the existing water supply and secure additional water
but has been bogged down by debate about approach and environmental review.
ORANGE COUNTY GRAND JURY 2022 1 2023 Page 14 of 57
26-16
HISTORIC RAIN, YET DROUGHT REMAINS
No new reservoirs have been built since 1970 when the
population was approximately 20 million, yet
California's population has almost doubled to 39
million.
In 2014, a bond initiative was passed to provide $7.3 billion in funding for 10 new
reservoirs and other water related projects, yet the reservoirs have not been completed.
The recent rains that swept California this winter resulted in billions of gallons of water
flowing out to sea.5 The California Natural Resources Agency maintains a web page
that shows the progress of the bond issue.6 The web page shows most of the funds
have been committed but lacks information regarding what has been accomplished.
In terms of planning, in August 2022, the California Environmental Protection Agency
issued a major report entitled "California Water Supply Strategy — Adapting to a Hotter,
Drier Future, California Agencies."' But the strategy does not detail schedules or actions
or assign resources or funding. In the report, the Newsom administration points out that
in order to deliver the pace and scale of projects necessary to meet California's water
crisis, the State's regulatory structures must be modernized so that "State agencies can
assess, permit, fund and implement projects at the pace this climate emergency
warrants." The report does not describe how Newsom's directive is to be understood or
executed. Other relevant State reports touching upon State water resources include
those on climate change, water supply assessment, and an analysis of recent droughts.
While all these reports help identify problems, they provide few and limited actionable
recommendations.
The California State Water Control Board is the State's key water agency, yet its focus
on water supply is not clear. Other State agencies that have water oversight include: the
Department of California Water Resources, the California Water Commission, and the
National Resources Agency, and State Conservancies, such as the Sacramento -San
Joaquin Delta Conservancy that are involved in water grants and planning. The State
environmental and river basin authorities also complicate planning and actions. There
seems to be no coordinated focus on water supply.
The Sacramento -San Joaquin levees are very important to the State Water Project.
They protect the integrity of the system. For decades, the levees have been identified
as needing bolstering, yet this has not been done. If the levees fail or are breached
there will be an influx of brackish water from the San Joaquin Delta that will contaminate
the fresh water in the Project, making it unusable. The recent rains have focused the
need for action, yet nothing is likely to be done anytime soon. As an example, the need
to capture and store rainwater in aquifers has been recognized for decades, yet the
recent rainfalls show little has been done.
Recently, the State initiated the Delta Conveyance Project (DCP). This is a joint powers
authority formed to help ensure water supply reliability for the State Water Project and
to adapt to forecasts of future changes in precipitation and seasonal flow patterns due
ORANGE COUNTY GRAND JURY 2022 12023 Page 15 of 57
26-17
HISTORIC RAIN, YET DROUGHT REMAINS
to climate change. An important part of the DCP is a proposed tunnel under the Delta.
The concept for the project originated in the 1970s and subsequent versions included
the Trans -Delta System, Peripheral Canal, Bay Delta Conservation Plan, and the
California Water Fix (a dual tunnel). The Delta Conveyance Project faces strong
opposition from environmentalists. The prospect of the project being completed in a
timely manner, if at all, is doubtful.
Governor Newsom himself noted the difficulty of getting water projects going in his
statement at an August 2022 news conference: "The time to get these damn projects is
ridiculous," Newsom said. "It's absurd. It's reasonably comedic. In so many ways, the
world we invented from an environmental perspective is now getting in the way of
moving these projects forward."$ Projects take decades to accomplish, if they are
completed at all. The State cannot be relied upon for consistent water delivery in wet or
dry years.
Water management in California can best be summed up as always studied but never
resolved. The impacts of this paralysis mean that Orange County cannot currently rely
on the State to identify or secure a new source or supplies of water.
Federal Intervention
California may have to reduce its reliance on Colorado river water under a proposal by
the U.S. Department of the Interior, unveiled on April 11, 2023, that upends the
longstanding system of water rights. The Department proposed two methods for
reducing water usage by as much as 25% in 2024. The seven states utilizing the
Colorado river have been negotiating with each other since August 2022 to make
voluntary cuts. To date no agreement has been reached.
The U.S. Bureau of Reclamation, part of the U.S. Department of the Interior, warned
that it would impose large cuts if the states relying on the river did not come up with a
plan by January 31, 2023. The states failed to do so. Although California has
experienced an unusually wet winter, this has not changed the Colorado River's
longstanding challenges amid a much drier climate.
The rationing of water from the Colorado River basin appears inevitable at the time of
this report, disrupting the long -tenured stability of Southern California's imported water
supply. It reinforces the idea that the time to act for securing a new source of water for
Orange County is now.
Water Justice
As the demand for water increases, not only to sustain the status quo but also for
development, equal access to water must also be addressed. What regions will be
entitled to preserve their way of life and what regions will have to compromise?
The cost of obtaining and distributing water is equally important to water justice. The
projects required to ensure a reliable water supply are costly and, if delegated to the
ratepayers, may have a significant impact on lower income households. Traditionally,
ORANGE COUNTY GRAND JURY 2022 12023 Page 16 of 57
26-18
HISTORIC RAIN, YET DROUGHT REMAINS
major water projects have been financed through state and federal governments or
through special tax assessments. This is an easier burden on lower income groups than
strictly through rate structures. Orange County should develop a funding strategy for
water projects that is acceptable to rate -payers and does not overly burden lower
income groups.
Orange County should develop a funding strategy for
water projects that is acceptable to rate payers and does
not overly burden lower income groups.
Actions to Secure and Strengthen Supply
Numerous initiatives and projects have been planned to improve and strengthen the
existing supply systems:
1) water banking,
2) purchasing water rights,
3) recycling water,
4) reuse of water for potable purposes,
5) aquifer management,
6) utilization of other supplies, and
7) water efficiency.
However, these projects are years behind schedule and taking an extraordinarily long
time to complete. These initiatives are important to point out as efforts, but it must be
noted that by themselves, they are not solutions to Orange County's water reliability.
The Grand Jury's evaluation of these efforts is included in Appendix A "Local Agency
Action to Secure Water Supply."
The efforts to diversify the water portfolio and make the existing supply more resilient
are commendable, but a new source is also needed.
Effective Management of Initiatives
Orange County needs an entity to champion and lead the efforts to develop a water
source that will enhance the reliability of existing water supplies. Orange County water
suppliers have completed and are engaged in several projects to improve the resilience
of our water supply, but efforts for the whole County have been limited. A countywide
effort to develop a drought -resistant source of water is necessary due to climate
change.
Effective countywide management of water resources would alleviate the jurisdictional
issues that have hampered the development of recycled water in South County
including shared use of the aquifer for all of Orange County. A Climate Resiliency
District could serve this purpose.
ORANGE COUNTY GRAND JURY 2022 12023 Page 17 of 57
26-19
HISTORIC RAIN, YET DROUGHT REMAINS
A Climate Resiliency District is authorized by the Climate Resilience District Act,
codified in California Government Code Sections 62300-62312. Section 62301
describes the legislative intent of the Act:
It is the intent of the Legislature in enacting this division to provide the ability for
local governments to create districts for the purpose of addressing climate
change effects and impacts through activities and actions that include mitigation
and adaptation, as necessary and appropriate, to achieve all of the following:
(a) Providing a sustained and certain level and source of funding at the local
level.
(b) Allowing activities and actions on an appropriate geographic basis.
(c) Facilitating the receipt and use of federal, state, local, and private funds.
The purpose of the Climate Resiliency District would be to promote a project that
addresses drought, including multiuse land repurposing, groundwater replenishment,
groundwater storage, or conjunctive use.9 It is envisioned that a Climate Resiliency
District would be capable of planning and financing water source projects such as
desalination that are beyond the means of existing Orange County water agencies.
There were concerns about a Climate Resiliency District expressed by some water
district leaders interviewed by the Grand Jury. They stated that a Climate Resiliency
District might be another level of bureaucracy that could impede the pursuit and
development of their own projects. However, these concerns would carry more weight if
planned projects were actually being implemented.
Alternative structural entities could be a joint powers authority (JPA) created for this
purpose, either spearheaded by Orange County Water District (OCWD) or Municipal
Water District of Orange County (MWDOC), or a collaborative effort between both.
The Joint Exercise of Powers Act, codified in California Government Code Section 6500
et seq., authorizes two or more public agencies, by agreement, to exercise any power
common to the agencies to provide more effective or efficient government services or to
solve a service delivery problem. A JPA could plan, finance, and implement water
source and water supply projects. Similarly, Orange County Transportation Authority
(OCTA) was created in 1991 to fund, plan, and implement transit and capital projects.
OCTA has been successful in solving some of Orange County's transportation needs. A
JPA focused on Orange County's water needs could similarly succeed.
Forming a JPA to comprehensively address all of Orange County's water needs would
ultimately require the cooperation of 29 entities including special water districts and
cities that supply water. The political effort required for this cooperation would be
significant and would require a new approach towards such collaboration.
Either separately or cooperatively, OCWD or MWDOC could take the lead for the
planning, financing, and implementing of water source and supply projects to the benefit
ORANGE COUNTY GRAND JURY 2022 12023 Page 18 of 57
26-20
HISTORIC RAIN, YET DROUGHT REMAINS
for all of Orange County. Unifying the water districts is also a possibility, as previously
reported by the 2021-2022 Grand Jury.10
Through its member agencies, MWDOC covers all of Orange County except the Cities
of Anaheim, Fullerton, and Santa Ana. MWDOC has completed a comprehensive study
of Orange County's water reliability needs that could serve as means to achieve a
climate resilient water supply." The study covers MET system reliability and Orange
County projects including desalination projects, watershed projects, and water banking
projects. The study clearly identifies that Orange County is facing a water crisis, and
forewarns that by the year 2030, eight out of every ten years can be expected to be dry.
Based upon this study and MWDOC's countywide charter, MWDOC could accept
responsibility to lead Orange County's efforts to plan, finance, and implement water
source and supply projects. However, the study would need to be updated, as it is
totally devoid of financing and implementation data, and it relies too much on MET
efforts that are decades behind where they should be.
Orange County needs a champion to lead the efforts to develop a water source and to
enhance the reliability of existing water supplies. OCWD and MWDOC have planned
but failed to implement a solution, and a joint powers authority requires a level of
political cooperation that may not be possible with 29 separate water agencies.
Therefore, the County of Orange should initiate the Climate Resiliency District to plan,
finance, and implement water supply projects to meet future conditions and needs.
Orange County needs a champion to lead the efforts to
develop a water source and to enhance the reliability of
existing water supplies
ORANGE COUNTY GRAND JURY 2022 12023 Page 19 of 57
26-21
HISTORIC RAIN, YET DROUGHT REMAINS
Public Awareness of the Need for Action
Public awareness of the consequences of current and future climate change is
important as a catalyst for adapting to the change. In the past several months, there
have been numerous newspaper and magazine articles on water concerns in California
and the Western United States. There have also been at least two television
documentaries. Many local water agencies have included fact sheets and other
information on their web pages and in monthly statements warning of the water "crisis".
These messages have resulted in increased public awareness but more needs to be
done. Public education to promote projects to address the crisis is a must.
As a result of increased public awareness, water agencies have noticed a decrease in
per -capita water usage. The public is using water more efficiently. However, several
Grand Jury interviewees noted that we cannot conserve our way out of the drought.
Solving Orange County's future water shortfall through conservation alone would
require drastic changes in water usage and would likely meet strong public resistance.
Additional efforts are needed to inform the public of potential lifestyle changes if
additional water sources and supplies are not developed.
ORANGE COUNTY GRAND JURY 2022 12023 Page 20 of 57
26-22
HISTORIC RAIN, YET DROUGHT REMAINS
Some water agencies in Orange County have conducted public campaigns to make the
public aware of the need to increase rates. The rate increases are for projects to
increase the water supply and source resiliency of the agency. South Coast Water
District's outreach to its customers has been most notable and enabled the District to
proceed with community support for the Doheny Desalination Project.
The public needs to be galvanized to move forward. The Grand Jury recommends that
the County Board of Supervisors lead a countywide campaign to mobilize the public in
support of new water sources that will make the supply systems more efficient and
resilient.
Effect on Local Economy
If no new sustainable source of potable water is developed there will be an adverse
impact on Orange County. While North Orange County has an underground aquifer with
a substantial amount of water, South County is almost entirely dependent upon external
supplies. Major strides have been made in recycling water for industrial and landscaping
purposes, but there is still a shortage of potable water with the only current source of
"new" water being the Doheny Desalination plant, which will take years to complete and
probably not begin operations until 2028. Capital costs of building a desalination plant
are generally beyond the capability of a single water district.
ORANGE COUNTY GRAND JURY 2022 12023 Page 21 of 57
26-23
HISTORIC RAIN, YET DROUGHT REMAINS
Water supplies collected through precipitation are the most economical but the most
unreliable. There are insufficient storage facilities in Orange County for capturing
precipitation and there are no aquifers in South County.
The State of California has mandated that municipalities create new housing
opportunities, particularly low-income housing. Developers are required to install water
saving features such as low -flow toilets and showers, water -saving washing machines
and drought -resistant landscaping, all of which increase the cost of building. These
features do not offset the effects of the drought, and experts predict an eventual
shortage of water would result in a moratorium on development.
Businesses and industries such as retailers, manufacturers, and theme parks rely on
clean and dependable water. If they cannot depend on the local suppliers their
enterprises are at risk. Homeowners, as ratepayers, are likely to see increases in their
water bills due to increased costs of purchased water by the wholesalers and retailers.
Severe drought, causing major reductions in river flow, has an adverse effect on
hydroelectric plants resulting in shortages of power to the grid. Developing an
alternative source of water (desalination) reduces the reliance on this supply for
consumption, thus making more available for power generation.
... experts predict an eventual shortage of water would
result in a moratorium on development.
Drinking Water Obtained from the Sea
South Orange County imports 90% of its drinking water, with most of it currently coming
from the Colorado River. The allotment of water from the river is at serious risk and will
likely be significantly reduced. In recent years, not enough precipitation has fallen to
meet Orange County's drinkable water needs, and there is no way to make it rain or
snow.
Seawater can be made into fresh potable water in a process called desalination, one of
the solutions being considered to resolve this looming crisis. However, the Grand Jury
determined that desalination is not being implemented fast enough. Although ocean
desalination currently requires an initial capital investment and high operating costs and
raises environmental challenges, critics acknowledge it would make a significant
contribution to Orange County's water portfolio.12
Desalination is being used increasingly around the world to provide people with needed
freshwater.13 According to the International Desalination Association, more than 300
million people around the globe receive their water from desalination plants.14
Multiple desalination plants are under consideration in California, with only a few in
operation. The Carlsbad Desalination Plant, near San Diego, provides approximately
ten percent of the freshwater used in the region, and Santa Barbara is currently
ORANGE COUNTY GRAND JURY 2022 12023 Page 22 of 57
26-24
HISTORIC RAIN, YET DROUGHT REMAINS
upgrading an older plant. Recently, two new seawater plants have received approval to
begin construction: one on the Monterey Peninsula, and the Doheny Plant in Dana
Point. Orange County must consider the benefits of a high -capacity facility as a means
towards self-sufficiency.
Current challenges to desalination include planning, construction costs, impact on
marine life from saltwater intake, high energy demands, operating complexities, difficulty
of cycling plants on and off, and disposal of concentrated salt brine.
Desalination challenges are mitigated by creating economies of scale with high volume
production and careful planning, selecting suitable locations, and technological
improvements. For example, the Carlsbad plant produces 50 million gallons per day or
more than 56,000 acre feet (AF) per year. The plant started operation in 2015 and
reports that it produces water for'/2 cent per gallon, or $1600 per AF, in large part due
to its high volume.15 For comparison, the MWDOC published rate as of January 1,
2023, is $1,209 per acre foot.16 If Orange County were to establish a similar facility, it
would offset the need for imported water and allow imported water to be redirected to
other Southern California communities relying on importation, such as Inland Empire.
The length of time to plan, obtain permits, and construct a desalination plant can take
decades. A proposed plant at Huntington Beach was in planning and permitting for over
twenty years and ultimately was not approved. South Coast Water District began the
initial steps for the Doheny Plant at Dana Point in 2016 and it is expected to be in
operation by 2028.
Unless the State of California initiates methods for expediting the planning and approval
processes, it can take at least as long as these two projects for any new ocean
desalination plants. The State has shown it can accelerate the approval process as
evidenced by the approval of SoFi Stadium17 in record time by enacting legislation that
expedited the permit and environmental requirements without compromise.
It is well known that desalination has an impact on the environment, and we are
fortunate to live in a state where protecting the environment is important. Engineers and
water experts are researching how to integrate more renewable energy into the next
generation of plants. The environmental impacts and costs of desalination should be
compared against the full environmental impacts and costs of importing water from 700
miles away, not just wholesale rate costs as is usually done.
Orange County cannot continue to rely on imported water, nor can it ignore the fact that
there is an immediate need to take advantage of the ocean as a drought -resistant
source of water. According to the Grand Jury's research and interviews, the
environmental concerns, surrounding intake and outflow of saltwater, and high
electricity demand are being met as evidenced by the Doheny approval, therefore
allowing desalination plants to operate. Orange County should embrace desalination as
a major part of an overall local plan, not just a last resort.
ORANGE COUNTY GRAND JURY 2022 12023 Page 23 of 57
26-25
HISTORIC RAIN, YET DROUGHT REMAINS
COMMENDATIONS
South Coast Water District is to be commended for its strategic foresight. The District
has recently gained approval for the Doheny Ocean Desalination Project for which they
initiated feasibility studies in 2008. The plant is now anticipated to be operational in
2028. The Doheny Ocean Desalination Project is a new, reliable, local, and drought -
proof water supply. The Doheny Ocean Desalination Project is the first desalination
project in the State of California to be fully compliant with the California Ocean Plan. 18
Orange County Water District successfully manages the aquifer under Central and
North Orange County for the benefit of multiple water suppliers. It has also built the
Groundwater Recovery System (GWRS) to treat wastewater to potable levels for
supplementing the aquifer. Recently, it expanded and commissioned the GWRS. The
Orange County Grand Jury commends OCWD for its work.
The water suppliers for Orange County have undertaking numerous initiatives to
increase the resiliency of their water supplies. The Orange County Grand Jury
commends these suppliers for their efforts and encourages them to continue pursuing
expanded opportunities.
The Orange County public has significantly reduced the per -capita water usage through
conservation efforts. This is important to maximizing the water supply. The Orange
County Grand Jury commends the public for these efforts.
The Orange County Grand Jury commends the leadership of MWDOC and OCWD for
their continued negotiations regarding merger.
The Orange County Grand Jury commends the Southern California news media for their
continued efforts in reporting on the critical nature of our water supply.
FINDINGS
In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023
Grand Jury requires (or, as noted, requests) responses from each agency affected by
the findings presented in this section. The responses are to be submitted to the
Presiding Judge of the Superior Court.
Based on its investigation titled "Historic Rain, Yet Drought Remains," the 2022-2023
Orange County Grand Jury has arrived at the 12 principal findings, as follows:
F1 Future water supplies are impacted by climate change and current supplies will
not meet future demands.
F2 Climatologists predict future extended periods of low moisture with occasional
wet years.
F3 Climate change is inevitable and is exacerbated by human behavior.
ORANGE COUNTY GRAND JURY 2022 12023 Page 24 of 57
26-26
HISTORIC RAIN, YET DROUGHT REMAINS
F4 South Orange County relies primarily on the importation of water.
F5 Local water suppliers recognize that enhanced stormwater capture and storage,
wastewater recycling, and infrastructure improvements will not be sufficient to
address the long-term forecast of drought and its effects on supply.
F6 There is significant water infrastructure planning, but inadequate implementation.
F7 The review and approval process for major water capital projects is cumbersome
and overly restrictive.
F8 Failing to find solutions to water shortages will have a significant impact on the
Orange County economy.
F9 Continued development in Orange County creates additional water supply needs.
F10 Conservation and efficient use of water is essential.
F11 Increased outreach and public education are necessary.
F12 Desalination has proven to be technologically and environmentally feasible and is
slowly being embraced as a drought -resistant source of water.
RECOMMENDATIONS
In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023
Grand Jury requires (or as noted, requests) responses from each agency affected by
recommendations presented in this section. The responses are to be submitted to the
Presiding Judge of the Superior Court.
Based on its investigation titled "Historic Rain, Yet Drought Remains," makes the
following four recommendations:
R1 The County of Orange Board of Supervisors should take a leadership role by the
end of calendar year 2023 to explore the establishment of a "Climate Resiliency
District" or Joint Powers Authority to fund and expedite implementation of a
drought -resistant source of water. F1, F2, F3, F4, F5, F6, F7, F8, F9, F12
R2 Orange County water agencies should expedite the planning, development, and
construction of desalination plants over the next five years to insure a sustainable
and reliable drought -resistant source of water. F1, F2, F3, F4, F5, F6, F7, F8, F9,
F11, F12
R3 The County of Orange and all Orange County cities should formulate an
emergency development moratorium plan in anticipation of the Colorado River
water supply being constrained. The emergency moratorium plan should be
developed by the end of calendar year 2023. F1, F2, F3, F4, F5, F6, F7, F8, F9,
F10, F11, F12
ORANGE COUNTY GRAND JURY 2022 12023 Page 25 of 57
26-27
HISTORIC RAIN, YET DROUGHT REMAINS
R4 Orange County water agencies should update their public communication
strategies, by calendar year end 2023, to inform the public of lifestyle changes if
additional water sources are not developed. F10, F11, F12
REQUIRED RESPONSES
Findings - 90 Day Response Required
County of Orange Board of F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
Supervisors
Municipal Water District of F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
Orange County
Orange County Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
Irvine Ranch Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
Moulton Niguel Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
Santa Margarita Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
South Coast Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
Recommendations - 90 Day Response Required
County of Orange Board of R1, R3
Supervisors
Municipal Water District of R2, R4
Orange County
Orange County Water District R2, R4
Irvine Ranch Water District R2, R4
Moulton Niguel Water District R2, R4
Santa Margarita Water District R2, R4
ORANGE COUNTY GRAND JURY 2022 12023 Page 26 of 57
26-28
HISTORIC RAIN, YET DROUGHT REMAINS
Recommendations - 90 Day Response Required
South Coast Water District R2, R4
REQUESTED RESPONSES
Findings - 90 Day Response Requested
East Orange County Water F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
District
El Toro Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
City of Anaheim F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
City of Santa Ana F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
City of Fullerton F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
Emerald Bay Service District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
Golden State Water Company F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
Laguna Beach County Water F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
District
Mesa Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
Serrano Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
Trabuco Canyon Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
Yorba Linda Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
City of San Juan Capistrano F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
City of San Clemente F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
City of Tustin F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
City of Fountain Valley F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
ORANGE COUNTY GRAND JURY 2022 1 2023 Page 27 of 57
26-29
HISTORIC RAIN, YET DROUGHT REMAINS
Findings - 90 Day Response Requested
City of Westminster
City of La Habra
City of Brea
City of Buena Park
City of La Palma
City of Seal Beach
City of Huntington Beach
City of Garden Grove
City of Newport Beach
Santa Ana Water Shed Project
Authority
Metropolitan Water District of
Southern California
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
F1, F2, F3, F5, F6, F7, F8, F9, F10, F11, F12
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
Recommendations - 90 Day Response Requested
East Orange County Water R2, R3, R4
District
El Toro Water District R2, R3, R4
City of Anaheim R2, R3, R4
City of Santa Ana R2, R3, R4
City of Fullerton R2, R3, R4
ORANGE COUNTY GRAND JURY 2022 1 2023 Page 28 of 57
26-30
HISTORIC RAIN, YET DROUGHT REMAINS
Recommendations - 90 Day Response Requested
Emerald Bay Service District R2, R3, R4
Golden State Water Company R2, R4
Laguna Beach County Water R2, R3, R4
District
Mesa Water District
R2, R3, R4
Serrano Water District
R2, R3, R4
Trabuco Canyon Water District
R2, R3, R4
Yorba Linda Water District
R2, R3, R4
City of San Juan Capistrano
R2, R3, R4
City of San Clemente
R2, R3, R4
City of Tustin
R2, R3, R4
City of Fountain Valley
R2, R3, R4
City of Westminster
R2, R3, R4
City of La Habra
R2, R3, R4
City of Brea
R2, R3, R4
City of Buena Park
R2, R3, R4
City of La Palma
R2, R3, R4
City of Seal Beach
R2, R3, R4
City of Huntington Beach
R2, R3, R4
City of Garden Grove
R2, R3, R4
City of Newport Beach
R2, R3, R4
Santa Ana Water Shed Project
R2, R3
Authority
ORANGE COUNTY GRAND JURY 2022 1 2023 Page 29 of 57
26-31
HISTORIC RAIN, YET DROUGHT REMAINS
Recommendations — 90 Day Response Requested
Metropolitan Water District of R2, R3, R4
Southern California
ORANGE COUNTY GRAND JURY 2022 1 2023 Page 30 of 57
26-32
HISTORIC RAIN, YET DROUGHT REMAINS
GLOSSARY
Acre-feet
The unit of volume typically used to describe the quantity of water stored in large
reservoirs and aquifers and delivered through large conveyance systems for irrigation
use and for treating for public use. An acre-foot is one surface acre that is one foot deep
and is equal to 325,851 gallons.
Aquifer
An underground layer or body of permeable rock, sediment, or soil that can store and
yields water. Orange County has a large aquifer underlying North and Central County.
California State Water Project (CSWP)
A multi -purpose water storage and delivery system that extends more than 705 miles
and includes a collection of canals, pipelines, and reservoirs to deliver water to 27
million Californians, 750,000 acres of farmland, and businesses throughout the state.
Conjunctive Use
Using surface water in wet years and storing as groundwater for use in dry years.
Surface water is injected directly into aquifers and wells to be used as needed as part of
groundwater banking or is stocked in ponds or basins and then allowed to percolate
naturally into aquifers.
Desalination
The process of removing salt from brackish water or seawater. For the purposes of this
report, desalination is used primarily in terms of sea or ocean water.
Direct Potable Water Reuse
The process by which recycled wastewater is treated to a high degree suitable for potable
use and placed directly into potable distribution systems. California has recently created
regulations for direct potable water reuse.
Drought
A prolonged period of low or no rainfall that causes water scarcity and affects
ecosystems, agriculture, and human health.
ORANGE COUNTY GRAND JURY 2022 1 2023 Page 31 of 57
26-33
HISTORIC RAIN, YET DROUGHT REMAINS
Gray Water
Wastewater from bathtubs, shower drains, sinks, washing machines and dishwashers;
however, some plumbing codes exclude water from sink and dishwasher as being
classified as gray water.
Ground Water Recovery System (GWRS)
Operated by Orange County Water District, the system takes highly treated wastewater
that would have previously been discharged into the Pacific Ocean and purifies it to
potable standards.
Potable Water Reuse Indirect
Treatment of water such as recycled wastewater, to a high degree suitable for potable
purposes and uses an environmental buffer, such as a lake, river, or a
groundwater aquifer, before the water is treated again and utilized as potable water.
This process is used by Orange County Water District at GWRS to treat water and
replenish the aquifer under North and Central Orange County.
Recycled Water
Water reuse (also commonly known as water recycling or water reclamation) reclaims
water from a variety of sources then treats and reuses it for beneficial purposes such as
agriculture and irrigation, potable water supplies, groundwater replenishment, industrial
processes, and environmental restoration. For the purposes of this report, recycled
water comes primarily from highly treated wastewater.
Reverse Osmosis
A process of producing pure water by forcing it through a semipermeable membrane
that only allows water to pass. It is the primary method for large scale desalination and
is also used as one of the final treatment steps for producing potable water from
wastewater.
Sustainability
The long-term viability of a community or practice.
Urban Runoff
As commonly referred to in Orange County, surface runoff during dry weather of
landscape irrigation, and car washing created by urbanization. It can also refer to the
stormwater runoff over impervious surfaces (roads, parking lots and sidewalks). The
concern with urban runoff is possible contamination of surface and groundwater.
ORANGE COUNTY GRAND JURY 2022 1 2023 Page 32 of 57
26-34
HISTORIC RAIN, YET DROUGHT REMAINS
Water Banking
The practice of forgoing water deliveries during certain periods, and "banking" either the
right to use the water in the future or saving it for someone else to use in exchange for a
fee or delivery in kind. Typically, in Southern California, it is stored in aquifers.
Water Source
As used in this report, a water source is defined as the ocean or precipitation.
Water Suppliers
As used in this report, water suppliers include water districts and cities that provide water
to the public.
Water Supply
As used in this report, water supply includes water derived from a water source and that
is stored, conveyed, and utilized by the public.
ORANGE COUNTY GRAND JURY 2022 12023 Page 33 of 57
26-35
HISTORIC RAIN, YET DROUGHT REMAINS
REFERENCES
• 10 You Tube Videos posted by Orange County Water District, posted between
2015 and recent
• 14 YouTube Videos Posted by Municipal Water District of Orange County over
last 5 years
• 2 YouTube Videos posted by Santa Margarita Water District 2020
• 3 YouTube Videos regarding OC's Largest Recycled Water Reservoir posted by
Santa Margarita Water District 2020
• 5 YouTube videos posted by ABC regarding OC Water issues, between 2018
and recent
• A Review of Water Demands for the Orange County Water District by James
Fryer, Environmental Scientist July 2016
• A Study of Deep Aquifers Underlying Orange County, United State Geological
Survey 1969
• ACWA Communications Committee Water Reuse Terminology 2016
• Assessing Risk to the National Critical Functions as a Result of Climate Change,
Homeland Security, 2022
o California Department of Conservation
o California Department of Fish and Wildlife
o California Department of Water Resources
• California Department of Water Resources I Natural Resources Agency Drought
In California Report 2021
• California Department of Water Resources 2022 Annual Water Supply And
Demand Assessment Summary Report
• California National Resources Agency Report to the Legislature on the 2012-
2016 Drought
• California Natural Resources Agency Department of Water Resources 2022
Urban Community Drought Relief Grant Program Guidelines and Proposal
Solicitation Package
• California Natural Resources Agency Department of Water Resources 2022
Integrated Regional Water Management Grant Program Guidelines
• California Senate Bill No. 852 Climate Resilience District 2021
ORANGE COUNTY GRAND JURY 2022 1 2023 Page 34 of 57
26-36
HISTORIC RAIN, YET DROUGHT REMAINS
• California State Water Boards — Water Rights Frequently Asked Questions Web
Page
o California State Water Resources Control Board
• California Water Boards - Ocean Plan Requirements for Seawater Desalination
Facilities
o California Water Commission
• California' Water Supply Strategy — Adapting to a Hotter, Drier Future, 4
California Agencies, August 2022
• Clean Water Act Section 3 1 2(f) Application by the California State Water
Resources Control Board
• Climate Change 2022 Mitigation of Climate Change Intergovernmental Panel On
Climate Change
o Colorado River Board of California
o County of Orange
• Delta Flood Risk Management Delta Protection Commission State of California
Assessment District Feasibility Study And Delta Levee Financing Option 2018
• EPA The Water Infrastructure Finance and Innovation Act (WIFIA) Doheny
Ocean Desalination Project Funding Information
• How water works in Orange County, web page by Orange County Water District
https://www.cpc.ncep.noaa.gov/
https://www.drought.gov/forecasts
https://www.weather.gov/riw/drought
• Indicators Of Climate Change In California Fourth Edition November 2022
California Environmental Protection Agency
o Irvine Ranch Water District
• Local water providers, web page by Orange County Water District
• Major Water Conveyance Facilities, Map by Metropolitan Water District of
Southern California
• Map of Orange County Water Agencies from Municipal Water District of Orange
County
o Mesa Water District
o Metropolitan Water District of Southern California
• Metropolitan Water District Presentation Emergency Conservation Program for
the SWP Dependent Areas 2022
• Metropolitan Water District Water Glossary Web Page
o Moulton Niguel Water District
ORANGE COUNTY GRAND JURY 2022 1 2023 Page 35 of 57
26-37
HISTORIC RAIN, YET DROUGHT REMAINS
o Municipal Water District of Orange County
• MWDOC 2020 Water Shortage Contingency Plan
• MWDOC Announcement Newsom administration releases draft EIR to
modernize Delta Conveyance
• MWDOC Directors Support Legislation to Streamline Approval of Storage
Projects Statement
• National Oceanic and Atmospheric Administration Related Links on Climate,
Drought https://www.cpc.ncep.noaa.gov/
• Numerous Related YouTube Postings
• OC Water Reliability Study MWDOC 2018
• OCWD Webinar — Preparing for Maximum Stormwater Capture while
Safeguarding the Region from Flooding 2022
o Orange County Water District
• Orange County Water District 2018 Information Brochure
• Orange County Water District Act 2018
• Orange County Water District Coastal Aquifers Merger Zones 2002
• Orange County Water District Depth to Shallow most groundwater map, 1997
• Orange County Water District Groundwater Contours Map 2020
• Orange County Water District Surface Water Recharge Facilities Map 2018
• Orange County Water District Three -Layer Basin Model Extent Map 2015
• Orange County Water District Well Locations 2018
o Others, not noted
• Pacific Institute The Untapped Potential of California's Urban Water Supply:
Water Efficiency, Water Reuse, and Stormwater Capture 2022
• Pacific Institute Water Resilience Brief 2021
• Public Policy Institute of California Managing California's Water From Conflict to
Reconciliation 2021
• Public Policy Institute of California Paper on Storing Water 2018
o Sacramento -San Joaquin Delta Conservancy
o Santa Ana Water Shed Project Authority
o Santa Margarita Water District
o South Coast Water District
• South Coast Water District Doheny Ocean Desalination Project Water Cost
Analysis Executive Summary 2021
• Stanford University Report Growth in California and Water 2012
ORANGE COUNTY GRAND JURY 2022 1 2023 Page 36 of 57
26-38
HISTORIC RAIN, YET DROUGHT REMAINS
• The following websites were referred to:
• The Untapped Potential of California's Water Supply: Efficiency, Reuse, and
Stormwater Pacific Institute June 2006
• Treehugger - What Is Desalination? How Does It Impact the Environment? 2021
• Various information regarding 2014 Water Bond
• Water Advisory Committee of Orange County — monthly reports
• Water Education Foundation — Conjunctive Use
• Webinar OCWD A Regional Update on Southern California Water Supplies 2022
• Webinar OCWD Take It to the (Water) Bank: Ensuring Regional Water Supply
Reliability 2022
o Yorba Linda Water District
• You Tube Posting, OCSD Replenishing precious Ground Water, Black and
Vetch, 2013
• YouTube Posting, Michelson Water Recycling Plant, Irvine Ranch Water District
2009
• YouTube Video, Research in Action, Orange County Water District Reuse,
posted by the Water Research Foundation 2022
ORANGE COUNTY GRAND JURY 2022 12023 Page 37 of 57
26-39
HISTORIC RAIN, YET DROUGHT REMAINS
APPENDIX A: ACTIONS BY LOCAL
AGENCIES TO SECURE SUPPLY
Water Banking:
Water banking may help with droughts but is only a part of the solution and it has yet to
prove itself.
Water banking is being pursued Metropolitan Water District and various water suppliers.
Simply put, water banking is a voluntary, market -based tool that could facilitate water
transactions between willing sellers and buyers. Water right owners, who are willing to
free up some of their water in a particularly dry year or years, would temporarily lease it
to those who simply cannot afford to be without water. Water banking also takes water
during periods when it is available and stores it. Banking water during wet years
provides water districts with a cushion of protection during droughts. It also conserves
any unused water, rather than letting it run out to the sea or be lost to evaporation. The
storage is usually done in aquifers and generally not within the individual agencies area.
The water banking agreements can be complex and depend upon broad cooperation
among various agencies for delivery and storage.
SARCCUP Water Bank Storage
Chino
an
7,000
Jacinto
9,500
Riverside
6,000
San
Elsinore
Bernardino
as00
orange
6a,00o
County
36,000
Storage
137,000 AF
' : Chino
• San Bernardino
7 Riverside
-
Arlington
5anla into
\BedFord-
OrangeCo.nty Coldwater
Conjunctive use is a
catchphrase for
coordinated use of surface
water and groundwater.
The state considers water
banking a "conjunctive
use" and
encourages such uses.19
On a statewide level,
California has 517
groundwater basins.
Stanford's Water in the West institute estimates that the capacity of underground water
storage in California is at least 20 times greater than that of the state's reservoirs and
lakes. However, the means to store surplus water and return it in dry years is
lacking. The Sustainable Groundwater Management Act of 2014 has created the
opportunity to expand recharge basins and banking particularly in agricultural areas but
to date, action is lagging.
ORANGE COUNTY GRAND JURY 2022 12023 Page 38 of 57
26-40
HISTORIC RAIN, YET DROUGHT REMAINS
SARCCUP Facilities
as. `
P •aq - cannon camPbeo Rs
QP' I
M u �1P
' Santa Ana River » Mtn Ave West
fia r
Recharge Basin
\��•+ �� y��,.��.{�-/���� 3 Wells
• B Wells /
Nn}oFric}ina mnncr}innc hchuuon CC Rff110 aoenriuc aru nn} cFn�nin
take several years.
The largest water banking project
underway that affects Orange
County is the Santa Ana River
Conservation and Conjunctive
Use Program (SARCCUP). It is a
regional program that involves
several agencies in Orange
County, Riverside County, and
San Bernardino County. While a
logical program to undertake,
there are technical and
distribution issues that must be
worked out and these items may
A more controversial banking program is
the Cadiz project. The Cadiz Water
Project is a water supply project to
manage the groundwater basin underlying
r
a portion of the Cadiz and Fenner Valleys
in California's Mojave Desert. At least one
water agency in Orange County has ;3
considered this program as a potential
source of water to meet their needs. The
program has been promoted since 1997
and has yet to move forward. There are several environmental concerns with the
program and concerns about transferring water between basins, particularly one under
a desert. The Cadiz project currently is not viable supply of water.
There are criticisms of water banking and its effect on local communities. A Georgetown
Environmental Law Review article in March 2022 stated, "While advocates of water
banking believe its market -based approach will efficiently allow a reduction of use of
water, especially during droughts, opponents may cite some examples of how letting the
market take over may be detrimental to local communities." Such concerns are valid
and need to be considered prior to relying on water banking as the only solution to
ensure water supply during times of drought.
Purchase of water rights
Temporary transfers of water from one water user to another have been used
increasingly as a way of meeting statewide water demands, particularly in drought
years. This has been done through the purchase of water rights. There are numerous
articles concerning the possible negative effects of this practice, including the effects on
less wealthy communities and agricultural. Due to these concerns, this practice should
be limited. Farms in western Arizona are growing alfalfa — one of the most water -
ORANGE COUNTY GRAND JURY 2022 12023 Page 39 of 57
26-41
HISTORIC RAIN, YET DROUGHT REMAINS
intensive crops — in an area where there's a shortage of water. Some farms are foreign -
owned and are shipping the crop to Saudi Arabia, where it's illegal to grow because it
takes too much water.20
Water sources cannot be bought or sold but the water taken from a lake, river, stream,
or creek, or from underground supplies for a beneficial use, requires you have a water
right.21 The right to use that water can be conveyed on a temporary basis. Temporary
transfers of water from one water user to another have been used increasingly as a way
of meeting water demands, particularly in drought years.
During interviews, the Grand Jury found the purchase of water rights to be widespread.
Agencies stated the cost of acquiring water rights is significantly less than developing
new sources. The practice includes asking agricultural users to allow their land to lay
fallow.
There are numerous articles about making the agriculture industry more efficient.
These effects, if they occur, will take time and be costly. Taking water from a major
industry to satisfy urban demands is inherently wrong and will not solve the problem of
extended drought.
Recycling Water
Recycled water offers Orange County a way to reduce water requirements but is limited
by the amount of wastewater that can be recycled which in turn is dependent upon
available water supply. It is an important piece of Orange County water resiliency but
not a solution itself.
Recycled water is wastewater that has been treated to a level acceptable for
landscaping and certain other industrial uses. The regulations regarding the use and
stand for treatment of recycled water are referred to as Title 22.22 Orange County has
been a leader in recycling of water through Orange County Water District and Irvine
Ranch Water District.23 Irvine Ranch Water District reports that 25% of the water it
supplies is recycled. Recycled water replaces the need for using potable water.
Currently, various water districts are expanding their recycling systems by constructing
additional reservoirs and distribution systems. The cities and water districts in Orange
County have also been active in sponsoring legislation that supports recycling of water.
South Orange County Wastewater Authority (SOCWA) treats and distributes for reuse
roughly six billion gallons of water every year.24 However, not all SOCWA treatment
plants are recycling as much as feasible, most notably the JB Latham Treatment Plant
does not recycle any treated wastewater. During the interviews, different agencies
noted there are jurisdictional friction that is being worked on to increase recycling and
potentially water reuse in South Orange County. The Grand Jury strongly encourages
cooperation or mergers that would increase recycling in South Orange County.
ORANGE COUNTY GRAND JURY 2022 1 2023 Page 40 of 57
26-42
HISTORIC RAIN, YET DROUGHT REMAINS
In summary, water recycling is an important part of Orange County's water supply and
needs to be utilized to the maximum extent. However, it will not resolve water resiliency
issues by itself and it relies on existing sources of water.
Reuse of Water for Potable Purposes
Reusing wastewater for potable purposes is an important part of North Orange County's
water portfolio. Orange County Water District produces 130 million gallons of indirect
reuse water per day. However, the amount reused water is dependent upon the
diminishing supplies within Orange County.
Water reuse is used to enhance water security, sustainability, and resilience. The
process of using treated wastewater for drinking water is called potable water reuse.
Potable water reuse provides another option for expanding a region's water supply
portfolio.
There are two types of potable water reuse:
• Indirect potable reuse: Uses an environmental buffer, such as a lake, river, or a
groundwater aquifer, before the water is treated at a drinking water treatment
plant.
• Direct potable reuse: Involves the treatment and distribution of water without an
environmental buffer.25
Orange County Water District has been providing indirect potable reuse. In the mid-
1990s, OCWD began the planning and construction that created the Groundwater
Replenishment System to produce indirect potable water. The process built upon an
earlier process to produce water to prevent groundwater intrusion. The process took
over ten years to implement and the system is working well. However, it should be noted
as being limited because it relies upon a declining supply and it is a lengthy process.
Interviewees have noted that OCWD is considering direct potable reuse. The State of
California is currently enacting regulations to enable direct potable reuse. One of the
advantages of direct potable reuse is the elimination of the loss due to evaporation at
the percolation ponds and the efficiency of direct use.
In summary, water reuse is a vital part of the portfolio of water for Orange County to
insure water resiliency. Water reuse should also be expanded to the practical extent
possible. The time to complete such projects is lengthy and needs to be started
immediately. However, reuse is only part of the water needed by Orange County and
the source problem needs to be addressed.
Aquifer Management
Managing the aquifer underneath North Orange County created a highly resilient source
of water, but it is challenged by the climate change. The main and supplemental
supplies of water are diminishing with less precipitation. The use of the aquifer for wet
ORANGE COUNTY GRAND JURY 2022 1 2023 Page 41 of 57
26-43
HISTORIC RAIN, YET DROUGHT REMAINS
weather storage has not met it potential due to challenges in trapping rainwater and
runoff. The aquifer has not been made a regular source of water for all of Orange
County which could ease South Orange County's supply problems.
The aquifer supplies approximately 72% of the water for North and Central Orange
County. The aquifer is primarily supplied by runoff in the Santa Ana River and
supplemented with water from the OCWD's Groundwater replenishment project and
water purchased through MWDOC and MET.
OCWD has done well managing the aquifer for North and Central Orange County with
existing flows. It has also taken steps to increase the supply of water by working with the
Corps of Engineers to better manage the flow of water in the Prado Reservoir,
expanding the groundwater replenishment system, and participating in the Santa Ana
River Conservation and Conjunctive Use Program .26 All of these steps reinforce the
ability of the basin to supply water but do not in themselves assure an increased supply
water.
South Orange County can only receive water during times of emergencies but does not
have regular access to the water. Interviewees noted there was a lack of ability to move
water to South Orange County. Because South Orange County is almost 100%
dependent upon water imported from MET, this is highly problematic during drought.
The Santa Ana River
water basin covers San
Bernardino and
_.T Riverside Counties as
- well as Orange County.
The Santa Ana
Watershed Project
Authority (SAWPA)
. works to maintain the
u: water quality in the
ro p r m Santa Ana River and is
actively working on
_. drought responses.
M ° - According to its web
site, "SAWPA's work in
Figure 4.3-1. Water Retail Service Areas in the Santa Ana River Watershed the Santa Ana River
Watershed advances projects and programs that build water resiliency and promote
collaborative, innovative responses to water planning, all of which help address drought
conditions. "27 SAWPA also prepared a water shed management plan.28
ORANGE COUNTY GRAND JURY 2022 1 2023 Page 42 of 57
26-44
HISTORIC RAIN, YET DROUGHT REMAINS
Weather modification
and promoting water
efficiency are the
primary drought
responses of SAWP.
Through weather
modification (cloud
seeding) it hopes to
achieve 5% more
precipitation in
specific types of
storms.
The water efficiency approach is to help implement water use efficiency programs and
conservation -based rate structures.29 We were provided with no specifics regarding
what percentage can be saved, but through interviews the Grand Jury learned that the
savings are between 15% to 30%.
None of the initiatives by SAWPA are likely to have an impact on water supplies during
prolonged California drought. Interviewees consistently stated that we cannot conserve
our way out of a drought.
Adding to the concern about the Santa Ana River ground water supply basin is the
Inland Empire's future demands on the water. Development is rapidly taking place and
surface water sources and water agencies are recycling water to greater degrees rather
than discharging treated wastewater to the Santa Ana River.30 The Inland Empire
communities are largely dependent upon Metropolitan Water District supplies which are
subject to drought.
Orange County Water District only has rights to withdrawing an adjudicated amount of
34,000-acre feet of water from the Santa Ana River. This is approximately half of the
70,000-acre feet typically used to manage the aquifer levels. OCWD typically purchases
30% of the water added to the aquifer from MWDOC. The water MWDOC supplies
comes from Metropolitan Water District (MET). During late 2022, MET reduced the
water from Northern California Sources to 5% of previous amounts. The water MET
receives from the Colorado River is endangered as discussed elsewhere.
In summary, the Central and North Orange County aquifer has limits on its ability to
supply water to Orange County. These include dependencies on water from
Metropolitan Water District, which has had problems supplying water, and a potentially
dwindling supply of water from the Santa Ana River. The aquifer is not a supply of water
for South Orange County. The aquifer limitations reinforce the need for Orange County
to provide for a more drought -resistant supply of water.
ORANGE COUNTY GRAND JURY 2022 1 2023 Page 43 of 57
26-45
HISTORIC RAIN, YET DROUGHT REMAINS
Utilization of other supplies
Besides the North/Central Orange County aquifer and those obtained from Metropolitan
Water District, there are other insignificant supplies of water. These include surface
water captured in Irvine Lake and the San Juan Creek Groundwater Basin in South
Orange County. Neither of these are significant supplies of water.
Water Efficiency to Increase Supply
Orange County Water Districts have found they can reduce the immediate need for
increasing water supplies by more efficient use of water. This certainly stretches the
water supplies, but it is limited in its ability. Future water needs will require more than
just efficient water use.
During the recent drought from 2011 to late 2022, Orange County Water Suppliers
reduced the per -capita water use significantly by more efficient water use and
conservation. This has allowed development to continue to occur even as the water
supply was reduced.
Irvine Ranch Water District (IRWD) customers reduced their water use from 89 gallons
per capita in 2007 to 67 gallons per capita in 2021.31 The area served by IRWD is a
newer area where much of the landscaping is irrigated by recycled water and is drought
tolerant. The IRWD also has extensive use of water saving plumbing in homes. Older
areas of Orange County have also reduced per -capita water use. North and Central
Orange County reduced water use from 330 acre-feet in water year 1999-2000 to 230
acre-feet in water year 2022-202332while the population grew slightly.33
Water efficiency savings have been achieved by adopting water saving devices,
changes in landscape practices, greater recycling of water, tiered water rates (higher
users, higher rates) and the public's participation. Water suppliers have worked with
users to identify the need for greater efficiency by promoting these changes. The State
of California also mandated a 20 percent reduction in urban per -capita water use by
2020 in the Water Conservation Act of 2009.
The change to efficient use of water will need to become the future standard as water
supplies diminish and as housing development increases. However, it is not reasonable
to expect greater efficiency to make up for the reduction in supply caused by climate
change. Several of the interviewees and many of the reference documents the Grand
Jury reviewed stated Orange County cannot conserve its way out of a drought.
Besides the significant reduction in per -capita water use, greater savings may be made
by more drastic changes in lifestyle. None of the information supplied by water
suppliers and reviewed by the Grand Jury addressed these changes. As an example of
lifestyle changes, areas such as Phoenix and Las Vegas have either adopted or are in
the process of adopting drastic restrictions on landscape water use as a long-term
ORANGE COUNTY GRAND JURY 2022 12023 Page 44 of 57
26-46
HISTORIC RAIN, YET DROUGHT REMAINS
climate mitigation. Among these restrictions is a moratorium on development by
restricting new water connections.34
Continue efficient water use is needed for the future. Orange County has made
significant changes in per -capita water use by being efficient, but any additional savings
will only come through changes to lifestyle. This needs to be made clear to residents if
additional efficiency is to be achieved, but even additional efficiency will not mitigate the
effects of climate on Orange County's current water supply. Ocean desalination is
recommended as the ultimate answer to an untapped source of water and can secure
Orange County's future.
APPENDIX B: graphics of interest
Metropolitan Water District of Southern California, Municipal Water District Orange
County and Orange County Water District Information Sheets
COLORADO RIVER AQUEDUCT (CRA) DIAMOND VALLEY LAKE (DVL)
MONTHS OF EMERGENCY SUPPLY
242MILES LONG Located in Riverside County, near Hemet, DVL is Southern
California's largest drinking water reservoir. DVL nearly
The Colorado River is an essential doubles Southern California's surface storage and provides six
Water supply for Orange County- months of emergency water supplies for the region, protecting
it against water shortages caused by drought and earthquakes.
The CRA transports water 242
miles west from Lake Havasu on
the California/Arizona border to
Lake Mathews in Riverside County.
Owned and operated by MWD, the
CRA began delivering water to
southern California in 1941 and
was the largest public works
project in southern California
during the Great Depression.
Five pumping plants push water
through the aqueduct and up over
1,617 feet of mountainous terrain.
DVL measures 4.5 miles long and over 2 miles wide, with a
maximum depth of 285 feet. The lake holds up to 264 billion
gallons of water and is home to one of 16 hydroelectric plants
along the MWD distribution system.
STATE WATER PROJECT (SWP)
700+MILES LONG
The State Water Project (SWP) is a
water storage and delivery system
that facilitates the transfer of water
from the lakes and rivers of
Northern California to residential
communities, agricultural districts,
and businesses in the San
Francisco Bay area, Central Valley,
and Southern California.
The SWP is the largest state built
water delivery and power generation
system in the nation, consisting of
more than 30 lakes and reservoirs,
over 20 water pumping plants, 5
hydroelectric power plants, several
dams, and over 700 hundred miles
of canals and pipelines.
ORANGE COUNTY GRAND JURY 2022 12023 Page 45 of 57
26-47
HISTORIC RAIN, YET DROUGHT REMAINS
WATER RECLAMATION
Wastewater has become
an important source of
water for California.
Wastewater is processed
at a water reclamation
facility to remove solids
and impurities, increasing
the quality of water. The
water, now clean, can be
used for a variety of
applications.
Reclaimed water is used
for irrigation, toilet
flushing, industrial
purposes, and
groundwater
replenishment.
DIEMER WATER TREATMENT PLANT
rite. I ullr rl�.,i..
Anaheim
Orange q
sdan Grove
Santa Ana �'j
FouMarn
rill gton\�I� c :r
`Irvine
Beach
Costa Mesa_ Rancho
Santa
Newport Lake Forest Margarita
Beach Mr stun
Vil
..Laguna s a m r o A ti.
Nlquel
L F. i,
Planned Storm
Water
Capture (Dots)
The Robert S. Diemer Treatment Plant {Diemer} is located in
Yorba Linda. The plants hilltop location is well suited for
gravity -flaw distribution of water to homes and businesses
throughout Los Angeles and Orange counties. Most water
brought to Diemer for treatment comes from the Colorado River
via the 242-mile long Colorado River Aqueduct- To a lesser
degree, the plant also receives water from Northem California
through the State Water Project
Diemer delivers up to 520 MILLION GALLONS of clean drinking
water a day to Orange and Los Angeles counties.
Three Study Regions in Orange County
Based on Mix of Local and Imported Water Sources
Ty
[ 41� J �.
I
wait'. C—tvv weak, (av,al u
I &e�1La FIaMa o z-o o o w+es w �E
Sulk o—W C—ty
ORANGE COUNTY GRAND JURY 2022 12023 Page 46 of 57
26-48
HISTORIC RAIN, YET DROUGHT REMAINS
Treated IN
Wastewater
Wastewater
2.5 Million
Water Users
Direct
{MWDj
Tre d
0,000 Water Users
ORANGE COUNTY GRAND JURY 2022 12023 Page 47 of 57
26-49
HISTORIC RAIN, YET DROUGHT REMAINS
BIBLIOGRAPHY
Abigail M. Johnson, Water Banking: A Potential Solution or Misguided Idea, Georgetown Law
Review, March 13, 2022
Adam Beam, State debates what to do with water from recent storms, Associated Press Article,
February 15, 2023
Alastair Bland, Colorado River water users convening amid crisis concerns, Associated Press
Article, December 13, 2022
Alastair Bland, Is California's drought over? Water providers still predict shortages next year,
Cal Matters, December 13, 2022
Alejandra Borunda, The drought in the western U.S. could last until 2030, National Geographic ,
October 27, 2022
Allison Armstrong, Information Officer, New Report Shows Continued Water Conservation Is
Key to Enabling Suppliers to Meet Demand, State Department of Water Resources, November
28, 2022
Amelia Bates, Tribes in the Colorado River Basin are fighting for their water. States wish they
wouldn't, High Country News, November 16, 2022
Amie Davis, Better Than Running Out of Water — Desalination Plants in Australia, The
Guardian, September 19, 2019
Andy Restrepo, Is the California drought over? What's the situation after the latest snowstorms?,
USA Today, February 28, 2023
Annie Snyder, Shrinking Colorado River hands Biden his first climate brawl, Poltico, February
4, 2023
Avery Arena, The Colorado River Is in Crisis. It's Not Just About Water., Slate, February 14,
2023
Ben Tracy, Investors Buying Water Rights, CBS Evening News , January 31, 2023
Brandon Pho, Is Poseidon's Huntington Beach Desal Plant Proposal Gone for Good?, Voice of
Orange County, July 6, 2022
Brendan O'Leary, California reservoirs are taking radical new steps to save rainwater before
droughts: `We need to prepare', NPR, January 30, 2023
ORANGE COUNTY GRAND JURY 2022 1 2023
Page 48 of 57
26-50
HISTORIC RAIN, YET DROUGHT REMAINS
Brooke Staggs, Key vote for Doheny desalination plant coming Thursday, Orange County
Register, October 11, 2022
Brooke Staggs, Coastal Commission approves ocean desalination plant off Orange County coast,
Orange County Register, October 14, 2022
Brooke Staggs, County, Cities fall short on climate change planning, Orange County Register,
January 26, 2023
Brooke Staggs, Doheny desalination plant in Dana Point clears final regulatory hurdle, Southern
California News Group - OCR, December 9, 2022
Brooke Staggs, Lake (Big Bear) has risen 2 feet in week, but its still low, Orange County
Register, January 21, 2023
Brooke Staggs, Mesa Water digs deep to sustain district, Orange County Register, July 26, 2022
Brooke Staggs, New federal funds will help Southern California weather megadrought, Orange
County Register, August 19, 2022
Caleigh Wells, This climate solution saves water and creates solar energy, KCRW, November
28, 2022
Camille von Kaenel, Shrinking Colorado River hands Biden his first climate brawl, POLITICO,
February 23, 2023
Christopher Flavelle, As the Colorado River shrinks, Washington prepares to spread the pain,
New York Times, January 30, 2023
Clara Harter, Kristy Hutchings, Tyler Shaun Evans, Water officials issue warning, Orange
County Register, December 15, 2022
Contributing Editor, VP Touts Water Conservation, Orange County Register, January 21, 2023
Craig Miller and Paul Helliker, California's water supply goes beyond the current drought,
Orange County Register, June 18, 2022
Dan Walters, California may reallocate shrinking water supply, Cal Matters, October 18, 2022
Dan Walters, Opinion - Another step toward agreement on California's water, Cal Matters,
November 16, 2022
Daniel Amarante and Daniel Manzo, Extreme drought nearly eliminated in California in wake of
atmospheric rivers, ABC News, January 12, 2023
Daniel Gligich, Valadao rolls out sweeping overhaul of Calif. water policy, The San Joaquin
Valley Sun, January 10, 2023
ORANGE COUNTY GRAND JURY 2022 1 2023
Page 49 of 57
26-51
HISTORIC RAIN, YET DROUGHT REMAINS
Daniel Porter, Why Isn't Desalination the Answer to All California's Water Problems? The New
Humanitarian, December 15, 2015
Don Thompson, Water use drops 10% in July as state deals with drought, Orange County
Register, September 8, 2022
Editorial Board, Editorial - Consolidate water boards in our region, Orange County Register,
October 28, 2022
Editorial Board, Editorial - Desal plant rightly gets the green light, Orange County Register,
October 26, 2022
Editorial Board, Editorial - Flooding shows the need for storage, Orange County Register,
January 4, 2023
Editorial Panel, Editorial — States Climate Strategy Lacks Clear Direction, Orange County
Register, January 17, 2023
Editorial Panel, Opinion — Water is a Terrible Thing to Waste, Los Angeles Times, January 18,
2023
Edward Ring, Opinion - Harvesting the deluge is an opportunity for Californians,— California
Policy Center, January 12, 2023
Elizabeth Weise and Dinah Voyles-Pulvec, Are California's storms normal, or is climate change
making them worse? What experts say., USA Today, January 10, 2023
Elizbeth Weise, Water crisis in West: Massive reservoir Lake Powell hits historic low water
level, USA Today, February 20, 2023
Emily Pontecorvo, The West's Biggest Source of Renewable Energy Depends on Water. Will it
Survive the Drought? Gist, October 18, 2022
Ethan Baron, Keeping California's head above water - Scientist helps companies adapt to
growing risk of drought, flood and climate change, Bay Area News Group, January 15, 2023
George Skelton, Opinion Column: Shrinking water supply will mean more fallow fields in the
San Joaquin Valley, Los Angeles Times, February 20, 2023
Gianna Melillo, Here's how California is trying to hold on to its rainwater, The Hill, January 17,
2023
Gina Ayala — Media Contact, Four Pfas Treatment Facilities In Orange Begin Operation,
Treating Up To 7,500 Gallons Of Water Per Minute, Orange County Water District Press
Release, October 10, 2022
ORANGE COUNTY GRAND JURY 2022 1 2023
Page 50 of 57
26-52
HISTORIC RAIN, YET DROUGHT REMAINS
Greg Hass, Lake Mead and Lake Powell are swelling. Here is what that means for the water
supply, The Hill, April 21, 2023
Gregory Pierce, Nicholas Chow, Kyra Gmoser-Daskalakis, Peter Roquemore, and Nichole Heil,
Analyzing Southern California Supply Investments from a Human Right to Water Perspective,
UCLA Luskin Center for Innovation Part of The Proposed Poseidon Ocean Water Desalination
Plant in Orange County, UCLA Review, April 2019
Haley Smith and Ian James, Drought emergency declared for all Southern California, Los
Angeles Times, December 14, 2022
Haley Smith, Los Angeles is running out of water, and time. Are leaders willing to act? Los
Angeles Times, October 13, 2022
Haley Smith, Nearly 20% of California water agencies could see shortages if drought persists,
state report shows, Los Angeles Times, November 30, 2022
Haley Smith, Recent storms give drought -weary California cause for hope, but will they
continue? Los Angeles Times, December 13, 2022
Haley Smith, Water savings just a drop, experts say, Los Angeles Times, September 16, 2022
Haley Smith, With all this rain and snow, can California really still be in a drought? Look
deeper, Los Angeles Times, February 22, 2023
Hayley Smith, They used to call California ocean desalination a disaster. But water crisis brings
new look, Los Angeles Times, November 7, 2022
Hayley Smith, Why Southern California is still imposing water restrictions despite so much rain,
Los Angeles Times, February 6, 2023
Ian James, Depletion of groundwater is accelerating in California's Central Valley, study finds,
Los Angeles Times, December 27, 2021
Ian James, Growing fears of `dead pool' on Colorado River as drought threatens Hoover Dam
water, Los Angeles Times, December 16, 2022
Ian James, Molly Hennessy-Fiske, Sean Greene, Gina Ferazz, The Colorado River is Overused
and Shrinking, Los Angeles Times Continuing Articles, February 1, 2023
Ian James, More water restrictions likely as California pledges to cut use of Colorado River
supply, Los Angeles Times, October 6, 2022
Jake Bittle, Water thieves abound in dry California. Why are they so hard to catch? Grist,
December 1, 2022
ORANGE COUNTY GRAND JURY 2022 1 2023
Page 51 of 57
26-53
HISTORIC RAIN, YET DROUGHT REMAINS
Jeff Gritchen, Before and After Photos Irvine Lake, Local Irvine Publications, January 25, 2023
Jelena Jezdimirovic and Ellen Hanak, How California's Water Bond Is Being Spent, Public
Policy Institute of California, December 2017
Jess Thomson, Is Lake Mead Filling Back Up? Newsweek, February 1, 2023
Joel B. Pollok, Lake Mead and Lake Powell, Reservoir Article, Los Angeles Times, February 5,
2023
John Addison, Lessons from Orange County, California's water strategy, Greenbiz - John
Addison, Meeting of the Minds, January 2, 2019
Jonathan J. Cooper and Kathleen Ronayne, Arizona's Kelly slams California on Colorado River
use, Associated Press, October 27, 2022
Joshua Frank, The Truth About the California Water Crisis, Counterpunch, June 15, 2022
Jules Bernstein, From drought to deluge: What's next for California? PhysOrg, April 10, 2023
Julia Jacobo and Daniel Manzo, Megadrought out West expected to intensify, expand east:
NOAA, ABC News, April 21, 2022
Julia Jacobo, Are rising water prices amid the Western megadrought inevitable? Yes, but it's
complicated, experts say, ABC News, June 13, 2022
Julia Jacobo, Bodies of water all over North America are drying up due to drought, climate
change: Experts, ABC News, October 19, 2022
Julia Jacobo, Southwest experiencing driest conditions in at least 1,200 years due to climate
change, new study finds, ABC News, February 14, 2022
Julia Sizek with Kim Stringfellow, The Trouble with Cadiz, The Mojave Dispatch reporting on
Mojave Project, February 2018
Karen Breslau, Mark Chediak and Kim Chipman, Recent storms show risk in state's outdated
plumbing, Bloomberg, Reprinted Orange County Register, January 15, 2023
Kathleen Ronayne and Suman Naishadham, California releases its own plan for Colorado River
cuts, Associated Press Article, February 1, 2023
Kathleen Ronayne, Audit: State too slow to fix contaminated water systems, AP in Orange
County Register, July 27, 2022
ORANGE COUNTY GRAND JURY 2022 1 2023
Page 52 of 57
26-54
HISTORIC RAIN, YET DROUGHT REMAINS
Kathleen Ronayne, California should invest tens of billions of dollars in water recycling, storage
and desalination over the next two decades to shore up its supply as the state gets drier and
hotter, Gov. Gavin Newsom said in a proposal released Thursday., Associated Press, August 11,
2022
Kathleen Ronayne, State plans for scaled back giant water tunnel, Associated Press, July 28,
2022
Keith Schneider, Lack of water may doom shift to desert living, New York Times, January 1,
2023
Kurt Snibbe, As Orange County is increasing restrictions on water use, it may not feel like it, but
drought here is less severe than many places around the world, Orange County Register, August
27, 2022
Kurt Snibbe, Here's why the desalination plant in Doheny was approved and Huntington Beach's
wasn't, Orange County Register, October 23, 2022
Larry Wilson, Editorial No wet people without wetlands, Orange County Register, September 5,
2022
Laura Baisas, We're only 8 years away from stronger El Nino and La Nina events, Popular
Science, November 18, 2022
Lior Novik, There will be no water shortage in Israel, Jerusalem Post, May 5, 2023
Loren Sommer, Emily Kwong, Rebecca Ramirez, Berly McCoy, California's flooding reveals
we're still building cities for the climate of the past, National Pubic Radio, January 20, 2023
Martin Wisckol, Cost of Poseidon desalinated water gets renewed scruting, Orange County
Register, March 31, 2022
Mike Anderson, Graham Fogg, Susan De Anda, Ellen Hanak, 3 reasons why California's drought
isn't really over, despite all the rain, National Public Radio, March 23, 2023
Ned Kleiner, Op -Ed: Why California wasn't prepared for the atmospheric rivers, Los Angeles
Times, January 25, 2023
News Editor, California's drought disaster is turning into an economic disaster: `It's
unprecedented', Fox News, December 6, 2022
Nihar Patel, Drought -stricken CA increasingly turning to desalination of ocean water, National
Public Radio, November 28, 2022
OCWD Members, Water Supply Reliability Expected to Improve at Prado Dam, Association of
California Water Agencies, August 25, 2021
ORANGE COUNTY GRAND JURY 2022 1 2023
Page 53 of 57
26-55
HISTORIC RAIN, YET DROUGHT REMAINS
Paul Cook, 1 billion gallons of rainwater captured at Irvine Lake, Irvine Standard, February 2023
Paul Rogers, Newsom calls for funding for water, Bay Area News Group, August 11, 2022
Rachel Becker, Another California desalination plant approved the most contentious one yet,
Cal Matters, November 17, 2022
Rachel Becker, How Can California Boost Its Water Supply? Cal Matters, November 7, 2022
Rachel Becker, Tunnel vision: What's next for the governor's plan to re -plumb the Delta? Cal
Matters, June 22, 2022
Rachel Ramirez, More than 70 water agencies in California could face water shortages in the
coming months, state report shows, CNN, December 1, 2022
Raquel Becker, Four in a row: California drought likely to continue, Cal Matters, September 28,
2022, Water savings go only so far State needs 'all of the above' drought strategy, mayor says,
Los Angeles Times, September 2, 2022
Raymond Zhong, Officials warn of coming California megastorm, New York Times, August 15,
2022
Rene Marsh, This California city paid $1.1 million to keep faucets running through March as the
price of water skyrockets, CNN, November 1, 2022
Rob Jordan, Reasons for hope amid California's drought, Water in the West News, October 27,
2021
Robert Reid, The new 1.6 billion gal. reservoir is the largest facility of its kind in Orange County
and the first to be constructed there in decades., American Society Civil Engineers CE Magazine,
October 2022
Robyn White, Lake Mead Water Levels Over Time Shown in Before and After Pictures,
Newsweek, January 3, 2023
Robyn White, Lake Mead Water Levels Over Time Shown in Before and After Pictures, Los
Angeles Times, January 3, 2023
Robyn White, Why Is the Colorado River Drying Up? Newsweek, December 21, 2022
Sammy Roth, These farmers dominate the Colorado River. Cross them at your own peril, Boiling
Point republished Los Angeles Times, January 19, 2023
Sammy Roth, Want to solve climate change? Open more land to solar, industry leader says, Los
Angeles Times, December 1, 2022
ORANGE COUNTY GRAND JURY 2022 1 2023
Page 54 of 57
26-56
HISTORIC RAIN, YET DROUGHT REMAINS
Sammy Roth, Want to solve climate change? This California farm kingdom holds a key, Los
Angeles Times, January 17, 2023
Sharon Udasin , DRIED UP: In California, desalination offers only partial solution to growing
drought, The Hill, December 5, 2022
Staff Drinking water from the sea, THE WEEK, February 17, 2023
Staff, Remarkable recovery at Northern California's most beleaguered reservoir, CBS San
Francisco, February 19, 2023
Staff, Sites Reservoir Is a Solution to California's Megadrought, South Coast Water District,
November 5, 2022
Stan Metz and Felicia Fonseca, Deadline looms for western states to cut Colorado River use by
about 15%, Associated Press, August 17, 2022
Stephen Katz, For Potable Reuse, Innovation Drives Adaptation, Waterworld, December 2022
Steven Greenhut, Editorial - Enviros just want to make everyonemiserable, Orange County
Register, January 15, 2023
Steven Greenhut, Editorial - Will Our State Get Water Policy Right, Orange County Register,
July 31, 2022
Stuart Snell, World -first major desalination field study finds minimal marine impact, UNSW
Sydney, September 20, 2018
Teri Sforza, Build more houses! Use less water! California, can you have it both ways? Orange
County Register, July 18, 2022
Teri Sforza, Editorial You're not saving enough water, Southern California, Orange County
Register, July 11, 2022
Teri Sforza, One OC water agency fights for its life in face of consolidation desires, Orange
County Register, February 10, 2023
Teri Sforza, Who are Orange County's biggest water or wasters? Here's the list, Orange County
Register, August 14, 2022
Teri Sforza, Who's cracking down on water wasters in OC? Orange County Register, November
23, 2022
Thomas Elias, Opinion - California will resist bullying along the Colorado River, Letter in Los
Angeles Times, February 17, 2023
ORANGE COUNTY GRAND JURY 2022 1 2023
Page 55 of 57
26-57
HISTORIC RAIN, YET DROUGHT REMAINS
Times Editorial Board, Editorial: An unfair plan to cut California's use of Colorado River water,
Los Angeles Times, February 26, 2023
Tom Coleman, Editorial Water Conservation is not enough, Orange County Register, January 1,
2023
Various, A Water War Is Brewing Over the Dwindling Colorado River, Washington Post,
December 27, 2022
White, Robyn, Biden Says Climate Change Could Dry Up Colorado River. Is It Possible?
Newsweek, March 15, 2023
NOTICE
Reports issued by the Grand Jury do not identify individuals interviewed.
Penal Code section 929 requires that reports of the Grand Jury not
contain the name of any person or facts leading to the identity of any
person who provides information to the Grand Jury.
ENDNOTES
1 The Groundwater Replenishment System - Providing Water for The Future. 2003-2004; Water Budgets, Not Water
Rationing 2007-2008; "Paper Water" — Does Orange County Have A Reliable Future? 2008-2009; Orange County
Water Sustainability: Who Cares? 2012-2013; Sustainable and Reliable Orange County Water Supply: Another
Endangered Species? 2013-2014; Increasing Water Recycling: A Win -Win for Orange County 2014-2015
2 Metropolitan Water District Web Site See Metropolitan Water District Web Site MWD I Homepage (mwdh2o.com)
3 See Metropolitan Water District Web Site https://www.mwdh2o.com
4 California Department of Water Resources State Water Project Web Page State Water Project (ca.gov)
5Washington Examiner Article "$2.7 billion bond fund to build water reservoirs sits idle in California" dated August 16,
2021
6 Natural Resources Bond Accountability Web Page Proposition One (ca.gov)
California Environmental Protection Agency — Indicators of Climate Change in California — 4th Addition, California's
Water Supply Strategy — Adapting to A Hotter, Drier Future — Introduction — August 2022.
ORANGE COUNTY GRAND JURY 2022 1 2023
Page 56 of 57
26-58
HISTORIC RAIN, YET DROUGHT REMAINS
8 Newsom calls for funding for water — Bay Area News Group Article dated August 11, 2022
9 California Government Code (Beginning with Section 62300) to Title 6 of the Government Code
10 Water in Orange County Needs "One Voice" Orange County Grand Jury Report 2021-2022
11 018 OC Study Report Final Report-02-01-2019 td with apendices.pdf (mwdoc.com)
12 See Treehugger Sustainability for All article dated April 15, 2021
13 United States Geological Survey Web Page on Desalination I U.S. Geological Survey (usgs.gov)
14 International Desalination Association web page IDA I The Global Desalination and Water Reuse Community
(idadesal.org)
15 Claude Lewis Carlsbad Desalination Plant, "Homepage." https://www.carlsbaddesal.com
16 Municipal Water District of Orange County webpage Water Rates and Charges I MWDOC
" SoFi Stadium is a sports and entertainment destination built in Inglewood, California
'g Ocean Plan Requirements for Seawater Desalination Facilities by the California Water Boards — State Water
Resources Control Board
19 Conjunctive Use - Water Education Foundation
20 Ben Tracy, Saudi company draws unlimited Arizona ground water amid drought, CBS News
21 California State Water Control Boards Web Site — Water Rights Page
22 Water Recycling and Title 22 - Water Education Foundation
23 50 Years of Recycled Water (irwd.com)
24 Recycled Water I SOCWA
25 Potable Water Reuse and Drinking Water I US EPA
26 Drought - Orange County Water District (ocwd.com)
27 Drought Response - SAWPA - Santa Ana Watershed Project Authority
28 Wic07Aone-one-watershed-plan-update.pdf (OCWD.com)
29 Water Conservation Portal - California Statutes I California State Water Resources Control Board
30 Recycled Water Service - Eastern Municipal Water District (emwd.org)
31 See Irvine Range Water District web site IRWDis
32 See Water Advisory Committee of Orange County Water Supply Report Dated March 3, 2023
33 USA Facts Orange County, CA population by year, race, & more I USAFacts
34 Water shortages threaten development throughout the West — AZMirrow Article dated June 10, 20
ORANGE COUNTY GRAND JURY 2022 1 2023
Page 57 of 57
26-59
ATTACHMENT B
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3004 1949 644-3039 FAX
newportbeachca.gov
August 22, 2023
Mayor
Noah Blom
Mayor Pro Tem
Maria Hernandez
Will O'Neill
Council Members Presiding Judge of the Superior Court
Brad Avery 700 Civic Center Drive West
Robyn Grant Santa Ana, CA 92701
Lauren Kleiman
Joe Stapleton
Erik Kenneth Weigand and
Orange County Grand Jury
700 Civic Center Drive West
Santa Ana, CA 92701
SUBJECT: JUNE 9, 2023, GRAND JURY REPORT "HISTORIC RAIN,
YET DROUGHT REMAINS"
Dear Judge Hernandez:
As requested by the Grand Jury, the City of Newport Beach has reviewed the June
9, 2023, report titled "Historic Rain, Yet Drought Remains" and is formally
responding to specific Findings and Recommendations. The City Council of the
City of Newport Beach (City) has authorized me to submit the City's response.
The City of Newport Beach supports the Grand Jury's efforts to investigate and
report on water supply and reliability issues. In general, the public may not fully
understand the complicated issues with water and rightfully so rely on elected
officials and associated water agencies to properly manage and address that
sufficient water supplies are always available to the public. This report will help
inform the community of those issues especially in the promotion of awareness,
education and conservation. From the City's standpoint, there are dedicated and
professional water leaders and agencies working for its community, with a driven
focus on water reliability.
In general, the Grand Jury report calls for the development of new additional local
water supplies. Newport Beach concurs with the Grand Jury's recommendation.
Our partner agencies Orange County Water District (OCWD) and Metropolitan
Water District of Orange County (MWDOC) have worked for decades to create
local water supplies and reduce the areas' reliance on imported water from
Northern California and the Colorado River.
In fact, the City is a producer and contributing partner agency with OCWD, which
is a worldwide leader in the reclamation and reuse of wastewater to create
additional local water supplies.
Letter to Maria Hernandez, Presiding Judge of the Superior Court
Letter to Orange County Grand Jury
August 22, 2023
Page 2
The Groundwater Replenishment System purifies 100% of the reclaimable wastewater received
by the Orange County Sanitation District. The project creates 130,000 acre-feet per year of water
for the local community which is approximately 1/3 of the total water demands within the
OCWD service territory.
OCWD also works closely with the United States Army Corps of Engineers in the operation of
Prado Dam and has invested hundreds of millions of dollars in land and new facilities to allow
the capture and recharge into the groundwater basin of Santa Ana River storm water supplies
during the winter period. These projects and others allow the cities and retail water agencies
within OCWD's service territory to pump 85% of their necessary water supplies from the local
groundwater basin. Agencies like the City only need to import 15% of their water needs from the
Colorado River and Northern California.
These efforts coupled with the City's efforts have increased its local water resiliency. Its water
conservation and water education efforts and those of its partners are noteworthy.
The City has been requested to respond to Findings 1-12 and to Recommendations 2, 3 and 4.
The original Findings and Recommendations are provided below along with the District's
response in bold type.
FINDINGS
F1 Future water supplies are impacted by climate change and current supplies will not meet
future demands.
The City does not concur with the comment "current supplies will not meet future
demands". There are too many variables and factors impacting future supplies and
demands that prevent making such a definitive statement. Additionally, a comment
such as this should differentiate between water agencies with access to the local
groundwater basin and those outside of OCWD who are primarily dependent upon
imported water supplies.
As a City within the OCWD service territory, local groundwater supplies currently
provide up to 85% of Newport Beach's water needs. Only 15% of water needs must be
met by imported water supplies. Thus, the retail water agencies within the OCWD's
service territory are impacted significantly less from potential future reductions in
imported water supplies and have much better water reliability than agencies outside of
OCWD.
At this point in time, local and imported water supplies are in good condition. The
Metropolitan Water District expects to have 3.3 million acre-feet of imported water
stored in various reservoirs at the end of this calendar year which is a record.
Additionally, the groundwater basin is effectively full.
F2 Climatologists predict future extended periods of low moisture with occasional wet years.
26-61
Letter to Maria Hernandez, Presiding Judge of the Superior Court
Letter to Orange County Grand Jury
August 22, 2023
Page 3
The City monitors climate predictions but has no expertise on this subject. Its partner
agency, OCWD, is working to maximize the amount of Santa Ana River storm water
that can be stored behind Prado Dam when winter storms occur in the local watershed.
This work includes using the latest technologies to predict when, where and the
magnitude of winter storms dropping rainfall on the region.
F3 Climate change is inevitable and is exacerbated by human behavior.
The City agrees that the climate changes. The City does not have the expertise to
comment on the impact of human behavior on the climate.
F4 South Orange County relies primarily on the importation of water.
The City concurs but recognizes South Orange County agencies are investing in new
local water supplies to reduce their dependence upon imported water.
F5 Local water suppliers recognize that enhanced stormwater capture and storage, wastewater
recycling, and infrastructure improvements will not be sufficient to address the long-term
forecast of drought and its effects on supply.
The City does not concur with this comment with respect to the City's area for the same
reasons provided in Finding #1.
F6 There is significant water infrastructure planning, but inadequate implementation.
The City does not concur with this comment with respect to the local area. Its partner
agency, OCWD, has planned and implemented numerous projects to maximize the
utility and annual yield of the groundwater basin. With regard to State projects,
additional implementation would be beneficial.
F7 The review and approval process for major water capital projects is cumbersome and overly
restrictive.
The City generally concurs with this statement and would support regulatory and
CEQA reform measures to quicken the permitting process for infrastructure projects.
F8 Failing to find solutions to water shortages will have a significant impact on the Orange
County economy.
The City concurs with this finding if such were to occur.
F9 Continued development in Orange County creates additional water supply needs.
26-62
Letter to Maria Hernandez, Presiding Judge of the Superior Court
Letter to Orange County Grand Jury
August 22, 2023
Page 4
The City does not concur with this statement. Since the 2000s, the total water demands
within the city have declined by 25% while the population has increased. Water
demands within Orange County have decreased.
1710 Conservation and efficient use of water is essential.
The City concurs with this finding.
Fl l Increased outreach and public education are necessary.
The City concurs with this finding.
F12 Desalination has proven to be technologically and environmentally feasible and is slowly
being embraced as a drought -resistant source of water.
The City agrees that ocean desalination can play an important role in securing future
water supply reliability.
RECOMMENDATIONS
R2 Orange County water agencies should expedite the planning, development, and construction
of desalination plants over the next five years to insure a sustainable and reliable drought -
resistant source of water. F1, F2, F3, F4, F5, F6, F7, F8, F9, F11, F12
The City generally supports the development of desalination plants depending upon the
water supply circumstances, needs and resources of individual water agencies and
cities. The City also suggests the Metropolitan Water District of Southern California is
better positioned and resourced to develop desalination plants in the region.
R3 The County of Orange and all Orange County cities should formulate an emergency
development moratorium plan in anticipation of the Colorado River water supply being
constrained. The emergency moratorium plan should be developed by the end of calendar
year 2023.
The City does not believe a moratorium is appropriate.
R4 Orange County water agencies should update their public communication strategies, by
calendar year end 2023, to inform the public of lifestyle changes if additional water sources
are not developed. F 10, F 11, F 12
The City supports a "Conservation as a Way of Life" message to save and not waste
water. However, water professionals and agencies are called upon to deliver water
reliability with confidence for the public's benefit.
26-63
Letter to Maria Hernandez, Presiding Judge of the Superior Court
Letter to Orange County Grand Jury
August 22, 2023
Page 5
The City of Newport Beach continues to be advocate for water reliability and water conservation
through a proactive and coordinated approach with its water industry partners for the benefit of the
community. Thank you for the opportunity to comment on the Grand Jury report.
Sincerely,
Noah Blom
Mayor
26-64