Raise Your Voice.
Make a Difference!

Northern & Southern CA Legislators, Enviros, and State Water Contractors Unite to Protect CA’s Water with SB 872

In a rare occurrence, Northern and Southern California legislators, environmental groups, and State Water Contractors united today to protect California’s primary water source for decades to come.

SB 872 is groundbreaking legislation that would address two major issues impacting California’s main water supply: repairing aging levees in the Sacramento-San Joaquin River Delta and shoring up the State Water Project (SWP) canals that are threatened by sinking land. 

“Historically, California’s water wars have pitted North against South and environmentalists versus water contractors,” said Sen. McNerney, who is co-chair of the Delta Caucus and whose district includes the heart of the Delta. “SB 872 is a commonsense solution that brings traditional adversaries together to support vital water projects that will secure California’s water supply and the Delta, while benefitting the entire state.”

Together, the Delta and the SWP make up California’s primary water system, providing freshwater supplies to 27 million people, businesses, and farms in the Central Valley, the Bay Area, and Southern California. The Sacramento-San Joaquin Delta supports a vibrant and diverse ecosystem of plants and animals.

But the Delta’s levees and the SWP’s water canals are in critical need of repair. Many of the Delta’s levees are at risk of collapse, threatening the entire Delta ecosystem and the surrounding region with catastrophic flooding. The SWP’s California Aqueduct is a gravity-fed system that will fail if the land around it sinks, a problem already in progress. Land sinkage or subsidence threatens up to 80% of the system’s water supplies.

SB 872 will be heard on Wednesday in the Senate Environmental Quality Committee. It would direct $300 million annually to much-needed levee repairs in the Delta and to shoring up SWP’s canals to prevent interruptions in essential water deliveries.

SB 872 is supported by legislators from throughout the state and by the environmental group, Restore the Delta, and the State Water Contractors. The bill is also backed by a diverse coalition of more than 60 organizations, including the Sierra Club, Defenders of Wildlife, and the Metropolitan Water District.

“Reliable water is the backbone of California’s communities, economy, and environment, and I am grateful to Senator Jerry McNerney for bringing this issue forward and leading the effort to protect one of our state’s most essential resources,” said Assemblymember John Harabedian, D-Pasadena, co-author of SB 872. “Taking action now ensures that all Californians have access to safe, affordable water while protecting our critical infrastructure and preparing for the challenges ahead.”

“SB 872 strikes an appropriate balance, bringing interested parties from all sides together to shore up our state’s critical water infrastructure and safeguard it for the future,” said Sen. Tim Grayson, D-Concord, co-author of SB 872. “I’m proud to join Senator McNerney to support critical projects in the Delta and across California and am thankful for his leadership on the issue.”

“Aging Delta levee infrastructure is facing increased pressure as climate change impacts precipitation patterns and storms grow in intensity. SB 872 takes steps to prioritize investments in Delta levees, and by extension the communities, ecosystems, and economies that depend upon the Delta,” said Barbara Barrigan-Parrilla, executive director of Restore the Delta. “We applaud Sen. McNerney in taking this first step to initiate the conversation about prioritizing proactive efforts to protect the Delta as a place for its 4 million area residents and for the future of California.”

“Subsidence already threatens the effectiveness of our statewide water delivery system, and without near-term repairs, we expect an 87% reduction in delivery capability in the coming years,” said Jennifer Pierre, general manager of the State Water Contractors. “Without funding for repairs, the 27 million Californians who rely on the State Water Project face water insecurity and rapidly rising costs. We thank Senator McNerney for his leadership on this issue, and I’m encouraged by the coalition that came together today, demonstrating that Californians from across the state can unite behind this necessary, common-sense solution to a pressing issue.”

SB 872 would direct the following amounts annually over 20 years to ensure water reliability for years to come:

• $150 million annually to the Delta Conservancy for levee improvements, including projects that restore habitat

• $150 million annually to DWR for subsidence repair along SWP canals.

Sen. Jerry McNerney is chair of the Senate Revenue and Taxation Committee, and his 5th Senate District includes all of San Joaquin County and Alameda County’s Tri-Valley.

Dear Chair Papan and Water, Parks, and Wildlife Committee Members, 

The below undersigned organizations write in opposition to AB 2215, which seeks to extend the Department of Water Resources (“the Department”) water rights permit for the State Water Project (“SWP”) until 2085. This bill oversteps existing regulatory processes through the State Water Resources Control Board (“the Water Board”), designed to oversee permit extension requests including for the SWP. 

Under current responsibilities delegated by the state legislature, the Water Board both issues and manages California water rights. This includes an established process for water rights holders to request extensions to their water rights permits. The Department followed this process, filing a request for extension of time for their SWP permits on January 21, 2025. Subsequently, the Department has also filed their notice of preparation of the associated environmental impact report in September of 2025. The attempt to validate permits through the legislature undermines the existing proceeding, which importantly allows for a greater level of transparency and public participation. 

AB 2215 gives preferential treatment to the State Water Contractors (“SWC”), and would set a bad precedent for water rights permits going forward. All water rights holders should be held to the same standards.

Extension of the SWP water rights permit would also have direct implications for the controversial Delta Conveyance Project (“DCP”). Despite the explicit statement that this bill will not be construed as an approval of the DCP, the extension is a necessary requirement for the Department and SWCs to pursue and execute construction projects - like the DCP - connected to the perfecting of the SWP water rights permit. The Sacramento-San Joaquin Delta is a fragile, declining ecosystem already under significant stress from water exports and a changing climate. Bypassing regulatory oversight and processes to enable the pursuit of these controversial projects threatens to further exacerbate the system declines. 

In this era of aggressive deregulation, we think it’s important to support the Water Board’s work in upholding established systems and laws set forth regarding the administration of water rights. For these reasons, we encourage the legislature to oppose AB 2215, and instead allow the process before the Water Board to proceed.