Targeting climate diversity in conservation planning to build resilience to climate change

Ecological Society of America (Wiley) | April 24th, 2015

Climate change is raising challenging concerns for systematic conservation planning. Are methods based on the current spatial patterns of biodiversity effective g

Climate change is raising challenging concerns for systematic conservation planning. Are methods based on the current spatial patterns of biodiversity effective given long-term climate change? Some conservation scientists argue that planning should focus on protecting the abiotic diversity in the landscape, which drives patterns of biological diversity, rather than focusing on the distribution of focal species, which shift in response to climate change. Climate is one important abiotic driver of biodiversity patterns, as different climates host different biological communities and genetic pools. We propose conservation networks that capture the full range of climatic diversity in a region will improve the resilience of biotic communities to climate change compared to networks that do not. In this study we used historical and future hydro-climate projections from the high resolution Basin Characterization Model to explore the utility of directly targeting climatic diversity in planning. Using the spatial planning tool, Marxan, we designed conservation networks to capture the diversity of climate types, at the regional and sub-regional scale, and compared them to networks we designed to capture the diversity of vegetation types. By focusing on the Conservation Lands Network (CLN) of the San Francisco Bay Area as a real- world case study, we compared the potential resilience of networks by examining two factors: the range of climate space captured, and climatic stability to 18 future climates, reflecting different emission scenarios and global climate models. We found that the climate-based network planned at the sub-regional scale captured a greater range of climate space and showed higher climatic stability than the vegetation and regional based-networks. At the same time, differences among network scenarios are small relative to the variance in climate stability across global climate models. Across different projected futures, topographically heterogeneous areas consistently show greater climate stability than homogenous areas. The analysis suggests that utilizing high-resolution climate and hydrological data in conservation planning improves the likely resilience of biodiversity to climate change. We used these analyses to suggest new conservation priorities for the San Francisco Bay Area.

Targeting Public Trust Suits

Social Science Research Network (SSRN) | February 22nd, 2021

The California public trust doctrine empowers private individuals and interest groups to protect the public trust and to enforce state laws that protect the public trust.

The California public trust doctrine empowers private individuals and interest groups to protect the public trust and to enforce state laws that protect the public trust. California has long led the development of the doctrine in the United States, becoming the first state to allow citizen suits to protect the public trust in 1971. A number of other states have followed California’s lead, resulting in a significant expansion in environmental standing. This broadened standing seems to be settled law. In contrast, two California Court of Appeal decisions create some uncertainty about appropriate defendants in public trust lawsuits. These decisions counsel some caution as private parties pick their targets for public trust litigation.

Technical Approach to Develop Nutrient Numeric Endpoints for California

California State Water Resources Control Board (SWRCB) | July 31st, 2006

This report provides an approach for the development of nutrient (nitrogen and phosphorus) numeric endpoints for use in the water quality programs of the California’s S

This report provides an approach for the development of nutrient (nitrogen and phosphorus) numeric endpoints for use in the water quality programs of the California’s State Water Resources Control Board (State Water Board) and Regional Water Quality Control Boards (Regional Water Boards). The approach provides a methodology to support several water quality program components including: setting numeric limits for National Pollutant Discharge Elimination System (NPDES) permits; development of Total Maximum Daily Load (TMDL) nutrient numeric endpoints; and for those Regional Water Boards that choose to, the development of numeric nutrient criteria. Guidance for this technical report comes from participants at workshop (Nutrient Numeric Endpoints Training Workshop held on May 18 & 19 2005 in Sacramento, CA) that is a part of a longer running process that has been sponsored by EPA Region IX and the State Water Board.   The workshop summary (Summary of May 18-19, 2005 Nutrient Workshop) of this workshop can be downloaded from the project website: http://rd.tetratech.com/epa/. The CA Nutrient Numeric Endpoints process includes a Regional Technical Advisory Group (RTAG); and a collaborative forum of Regional Water Boards, Tribes, and other state and federal agencies in the State Regional Technical Advisory Group (STRTAG). The result of the RTAG / STRTAG process is an approach that has achieved a high level of consensus among participants. The purpose of this document is to describe the approach that has been reviewed and approved by the STRTAG. The intention of the proposed approach is to select nutrient response indicators that can be used to evaluate risk of use impairment, rather than using pre-defined nutrient limits that may or may not result in eutrophication for a particular water body. The report provides a description of the proposed approach that includes innovative elements such as: A water body classification framework that uses three Beneficial Use risk classification categories; Risk-based secondary indicators that are more closely linked to Beneficial Use condition than water column nutrient concentrations; and Modeling tools that provide the necessary linkage analysis between secondary indicators and water column nutrient concentrations. The modeling tools also account for site-specific cofactors such as flow, light availability, and others. This report provides the starting point for a process that will lead to refinements in the classification framework, secondary indicators, and linkage analysis modeling tools through the development of site-specific endpoints. The report has been reviewed by workshop participants; other State, Federal, and Tribal staff; and the Technical Evaluation Committee identified in Appendix 1. This report includes changes made in response to comments received. As an adaptive management process technical updates will be made and new dated editions of this document will be made available. A potential outcome of this process is the adoption of the framework and endpoints by various Regional Water Quality Control Boards for use as nutrient numeric criteria.

Technical Approach To Develop Nutrient Numeric Endpoints For California Estuaries

California State Water Resources Control Board (SWRCB) | November 20th, 2007

Eutrophication is one of the top three leading causes of impairments of the nation’s waters, with demonstrated links between anthropogenic changes in watersheds, increa

Eutrophication is one of the top three leading causes of impairments of the nation’s waters, with demonstrated links between anthropogenic changes in watersheds, increased nutrient loading to coastal waters, harmful algal blooms, hypoxia, and impacts on aquatic food webs. These ecological impacts of eutrophication of coastal areas can have far-reaching consequences, including lowered fishery production, loss or degradation of seagrass and kelp beds, smothering of benthic organisms, nuisance odors, and impacts on human and marine mammal health. These modifications have significant economic and social costs. In California, the impacts of nutrient loading on estuaries and coastal waters have not been  wel lmonitored. Without management actions to reduce anthropogenic nutrient loads, symptoms are expected to develop or worsen in the majority of systems, due to projected population increases in coastal areas. The purpose for this report is to outline a conceptual framework for the development of nutrient numeric endpoints (NNE) for estuaries and to highlight data gaps and research recommendations critical for their development. The purpose of NNEs for California estuaries is to provide a scientifically defensible framework that can serve as guidance for adopting regulatory numeric criteria. This framework is founded on an evaluation of risk relative to designated beneficial uses. The objective is to control excess nutrient loads to levels such that the risk of impairing the designated uses is minimized. If the nutrients present–regardless of actual magnitude–have a low probability of impairing uses, then water quality standards can be considered to be met. The ultimate goal of this effort is to develop a set of tools that can be used to support the water quality programs of the California State Water Resources Control Board (SWRCB), Regional Water Quality Control Boards and the regulated community. To reach this goal, we envision the development of a set of estuarine NNE tools, including 1) a classification scheme that groups estuaries according to factors that control their biological response to nutrient loading, 2) risk-based indicators of biological response that can provide quantitative measures of the status of beneficial uses relative to nutrient loads; 3) thresholds that define beneficial use risk categories (BURCs), which provides a framework for regulatory decisions based on quantitative assessments of impairment; and 4) modeling tools that link biological response indicators to watershed nutrient loads. To develop a NNE toolkit for estuaries, the first step in this process was to provide a working framework and to identify key data gaps and research recommendations critical for NNE development. The NNE conceptual framework for estuaries is based on previous work by the SWRCB and US EPA Region IX, which provided guidance for development of NNE in streams and lakes (TetraTech 2005). This framework is founded on the concept that biological response indicators are better suited to evaluate the risk of beneficial use impairment, rather than using pre-defined nutrient limits that may or may not result in mitigation of eutrophication for a particular water body. The advantage of the proposed approach is a more robust link to actual impairment of use, rather than an approach that relies on concentration data alone. The California NNE framework for estuaries is based on three organizing principals: • Biological response indicators provide a more direct risk-based linkage to beneficial uses than nutrient concentrations alone. • A weight of evidence approach with multiple indicators will produce NNE with greater scientific validity. • For many of the biological indicators associated with nutrients, no clear scientific consensus exists on a target threshold that results in impairment.

Technical Guidance for Incorporating Climate Change Information into Water Resources Planning Studies

U.S. Bureau of Reclamation (USBR) | ?

The impacts of climate change are being felt across the Western United States. Warming is affecting water supplies by changing the overall annual volume of precipitation

The impacts of climate change are being felt across the Western United States. Warming is affecting water supplies by changing the overall annual volume of precipitation and altering the balance of rain versus snowfall. Communities are facing increasing problems with water availability and drought, flooding, and increased risk of forest fires. The requirements established by Secretarial Order 3289, Departmental Manual 523 DM 1, Executive Order 13653, and Reclamation’s Directives and Standards CMP 09-02 for feasibility studies reinforces the need for Reclamation's on-going programs to be more resilient to the impacts of climate change and for continued efforts to incorporate climate change information into aspects of our mission where it has not been fully considered in the past such as in decisions regarding ecosystem restoration, reservoir operations, infrastructure investments and planning capacity. This document is an important step to reinforcing Reclamation’s planning capacity by providing guidance to help study teams navigate the range of planning and technical methods available to account for climate change impacts in feasibility studies. The effects of climate change have altered and will continue to alter the basic assumptions underlying Reclamation’s water resources planning. Effective water management and planning rely on an understanding of climate change impacts on water supply, demand, and criteria that govern or guide water management. The guidance in this document may also be applied to environmental compliance studies since they are typically conducted concurrently with feasibility studies. The guidance is organized around the planning and technical framework for conducting a feasibility study as detailed in CMP 09-02, and which occurs in two phases: the scoping phase and the alternative formulation and evaluation phase.

Technical Guidance on Implementing the Stormwater Runoff Requirements for Federal Projects under Section 438 of the Energy Independence and Security Act

U.S. Environmental Protection Agency (EPA) | December 1st, 2009

Stormwater runoff is a leading contributor to water pollution in urban and developing areas in the United States. Section 438 of the Energy Independence and Security Act

Stormwater runoff is a leading contributor to water pollution in urban and developing areas in the United States. Section 438 of the Energy Independence and Security Act of 2007 (EISA)  requires agencies to protect water resources by reducing stormwater runoff from any federal development projects. In December 2007, Congress enacted the Energy Independence and Security Act of 2007. Section 438 of that legislation establishes strict stormwater runoff requirements for federal development and redevelopment projects.  The provision reads as follows: “Storm water runoff requirements for federal development projects. The sponsor of any development or redevelopment project involving a Federal facility with a footprint that exceeds 5,000 square feet shall use site planning, design, construction, and maintenance strategies for the property to maintain or restore, to the maximum extent technically feasible, the predevelopment hydrology of the property with regard to the temperature, rate, volume, and duration of flow.” The intent of Section 438 of the Energy Independence and Security Act of 2007 (EISA) is to require federal agencies to develop and redevelop applicable facilities in a manner that maintains or restores stormwater runoff to the maximum extent technically feasible. Until recently, stormwater programs established to address water quality objectives have been designed to control traditional pollutants that are commonly associated with municipal and industrial discharges, e.g., nutrients, sediment, and metals. Increases in runoff volume and peak discharge rates have been regulated through state and local flood control programs. Although these programs have merit, knowledge accumulated during the past 20 years has led stormwater experts to the conclusion that conventional approaches to control runoff are not fully adequate to protect the nation’s water resources (National Research Council, 2008). Implementation of Section 438 of the EISA can be achieved through the use of the green infrastructure/low impact development (GI/LID) infrastructure tools described in this guidance. The intention of the statute is to maintain or restore the pre-development site hydrology during the development or redevelopment process. To be more specific, this requirement is intended to ensure that receiving waters are not negatively impacted by changes in runoff temperature, volumes, durations and rates resulting from federal projects. It should also be noted that a performance-based approach was selected in lieu of a prescriptive requirement in order to provide site designers maximum flexibility in selecting control practices appropriate for the site.

Technical Report for the Interagency Ecological Program (IEP) Pelagic Organism Decline (POD) Workgroup: Assessment of Aquatic Herbicide Use in the Delta

San Francisco Estuary Institute (SFEI) | May 15th, 2006

Since 2001, the California Department of Boating and Waterways (DBW) has conducted an extensive water quality monitoring program in conjunction with its aquatic herbicide

Since 2001, the California Department of Boating and Waterways (DBW) has conducted an extensive water quality monitoring program in conjunction with its aquatic herbicide applications. In this report, the risk quotient calculation method utilized by the Aquatic Pesticide Monitoring Program (a USEPA Tier 1 risk assessment) was used to determine if there are patterns of Level of Concern exceedances that indicate the possibility of adverse impacts on the Delta aquatic ecosystem due to DBW aquatic herbicide applications. Level of Concern exceedances are indicative only of the need for further investigation of an application scenario and do not, in and of themselves, indicate adverse impacts. This type of risk analysis cannot quantify the potential additive or synergistic effects of all pelagic organism stressors (one of which would be aquatic herbicides) within the Delta. This risk assessment indicates that, with the exception of diquat dibromide applications, DBW herbicide applications are unlikely to have the potential to cause Delta ecosystem water quality impacts. While there were a number of Level of Concern exceedances for diquat, DBW and all regulatory agencies involved were aware of this potential prior to application. NOAA Fisheries requested that, when possible, diquat used adjacent to salmon migratory routes should be reduced or avoided when that species is likely to be present. USFWS determined that diquat impact to aquatic invertebrates is minimal, temporary, and not likely to jeopardize Delta smelt but has required avoidance in areas where and when the smelt are known to be present. For 2006, NOAA has allowed DBW to treat sites in April and May with fluridone, which has allowed the use of diquat to be discontinued.

Technical Report on Barriers: A part of the comprehensive survey of San Francisco Bay and tributaries, California

U.S. Army Corps of Engineers (USACE) | March 15th, 1963

Technical Report on the Scientific Basis for Alternative San Joaquin River Flow and Southern Delta Salinity Objectives

California State Water Resources Control Board (SWRCB) | February 15th, 2012

The State Water Resources Control Board (State Water Board) is in the process of reviewing the San Joaquin River (SJR) flow objectives for the protection of fish and wild

The State Water Resources Control Board (State Water Board) is in the process of reviewing the San Joaquin River (SJR) flow objectives for the protection of fish and wildlife beneficial uses, water quality objectives for the protection of southern delta agricultural beneficial uses, and the program of implementation for those objectives contained in the 2006 Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (2006 Bay- Delta Plan). Figure 1.1 displays the project area corresponding to SJR flow objectives and program of implementation and Figure 1.2 displays the project area for the southern Delta water quality objectives and program of implementation. The information and analytical tools described in this report (referred to hereafter as Draft Technical Report or Technical Report) are intended to provide the State Water Board with the scientific information and tools needed to consider potential changes to these objectives and their associated program of implementation. In this quasi-legislative process, State Water Board staff will propose amendments to the SJR flow objectives for the protection of fish and wildlife beneficial uses, southern Delta water quality objectives for the protection of agricultural beneficial uses, and the program of implementation contained in the 2006 Bay-Delta Plan. Also, the environmental impacts of these amendments will be evaluated in a Substitute Environmental Document (SED) in compliance with the California Environmental Quality Act. Any changes to water rights consistent with the revised program of implementation will be considered in a subsequent adjudicative proceeding.

Technical Review of the Draft Staff Report/Substitute Environmental Document in Support of Potential Updates to the Water Quality Control Plan and Associated Modeling

Northern California Water Association (NCWA) | January 18th, 2024