EXTERNAL MEETING NOTES MARCH 02, 2021 - 2022 Central Valley Flood Protection Plan Update Tribal Pre-AB 52 Informational Meeting
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Summary: 2022 CVFPP Update Tribal Informational Meeting
March 02, 2021, 2:30pm – 4:30pm | Conducted via Zoom
EXTERNAL MEETING NOTES
MARCH 02, 2021
2022 Central Valley Flood Protection Plan Update
Tribal Pre-AB 52 Informational Meeting
Prepared by the Department of Water Resources
Purpose
These notes summarize an informational meeting conducted by the Department of Water Resources
(DWR) and the Central Valley Flood Protection Board (CVFPB) to provide information to the California
Tribal Community on the status and next steps related to the 2022 Central Valley Flood Protection Plan
(CVFPP) Update. The goals of the meeting were to provide an opportunity for Tribal leadership and staff
to meet DWR and CVFPB leadership; present an overview of the 2022 CVFPP Update to assist Tribes in
consultation, engagement, and document review; and inform them of opportunities to participate in the
process.
Participants
Tribal Members:
• Krystal Moreno, Shingle Springs Band of Miwok Indians
• Malissa Tayaba, Shingle Springs Band of Miwok Indians
• Petee Ramirez, California Valley Miwok Tribe
• Laurence Wilson Jr., California Valley Miwok Tribe
• Brenda Tomaras, Wilton Rancheria
• Param Sandhu, Wilton Rancheria
• Steven Hutchason, Wilton Rancheria
• Isacc Bojorquez, Yoche Dehe Wintun Nation and Band of Ohlone/Costanoan Indians of the Big
Sur Rancheria
• Debie Rasmussen, Estom Yumeka Maidu Tribe of the Enterprise Rancheria
• Terre Logsdon, Scotts Valley Band of Pomo
• Patricia Franklin, Scotts Valley Band of Pomo
• Charmaine McDarment, Tule River Indian Tribe
• Ryan Macintosh, Santa Rosa Rancheria Tachi Yokut Tribe
• Alona Watson, Mooretown Rancheria of Maidu Indians
1Summary: 2022 CVFPP Update Tribal Informational Meeting
March 02, 2021, 2:30pm – 4:30pm | Conducted via Zoom
Department of Water Resources:
• Anecita Agustinez
• Steve Rothert
• Mary Jimenez
• Jason Sidley
• Lori Clamurro-Chew
• Romain Maendly
• Lori Price
• Kelly Briggs
• Jenny Marr
• Barbara Cross
• David Polinsky
• Josh Baar
• Patricia Vellines
• Hoa Ly
• Brandon Fore
• Marina Raya
• Karen Dulik
• Dominic Gutierrez
• Tito Cervantes
• David Moldoff
• Jessica Boyt
• Katy Kennedy, Kearns and West
• Rafael Silberblatt, Kearns and West
• Sirisha Nemani, Jacobs
• Michele Ng, GEI
Central Valley Flood Protection Board:
• Leslie Gallagher
• Andrea Buckley
• Ruth Darling
• Jen Stewart
2Summary: 2022 CVFPP Update Tribal Informational Meeting
March 02, 2021, 2:30pm – 4:30pm | Conducted via Zoom
List of Acronyms
AB Assembly Bill
CEQA California Environmental Quality Act
CNRA California Natural Resources Agency
CVFPB Central Valley Flood Protection Board
CVFPP Central Valley Flood Protection Plan
DWR Department of Water Resources
EO Executive Order
Flood-MAR Flood Managed Aquifer Recharge
GIS Geographic Information System
SPFC State Plan of Flood Control
SSIA State Systemwide Investment Approach
SSJDD Sacramento and San Joaquin Drainage District
TBD To be Determined
Upcoming Tribal Informational Meetings
TBD
3Summary: 2022 CVFPP Update Tribal Informational Meeting
March 02, 2021, 2:30pm – 4:30pm | Conducted via Zoom
Table of Contents
Purpose ......................................................................................................................................................... 1
Participants ................................................................................................................................................... 1
Tribal Members: ........................................................................................................................................ 1
Department of Water Resources: ............................................................................................................. 2
Central Valley Flood Protection Board:..................................................................................................... 2
List of Acronyms ............................................................................................................................................ 3
Upcoming Tribal Informational Meetings ..................................................................................................... 3
Welcome and Introductions ......................................................................................................................... 5
Presentations ............................................................................................................................................ 5
2022 Central Valley Flood Protection Plan Update .............................................................................. 5
Innovation through Climate Change Resilience and Adaptation .......................................................... 7
Accountability by Tracking Performance .............................................................................................. 8
Statement of Administrative Policy on Native American Ancestral Lands ........................................... 9
Tribal Engagement .............................................................................................................................. 11
Other Tribal Opportunities ............................................................................................................. 11
4Summary: 2022 CVFPP Update Tribal Informational Meeting
March 02, 2021, 2:30pm – 4:30pm | Conducted via Zoom
Welcome and Introductions
Anecita Agustinez, Tribal Policy Advisor for the Department of Water Resources, welcomed and thanked
each of the Tribal representatives for attending the second of two Informational meetings. The first
meeting was February 16, 2021. The purpose of these two meetings is to meet, provide an overview of
the CVFPP Update, and to give Tribes advanced notice of the Update and consultation opportunities.
The CVFPP is updated every five years and describes current flood protection programs, but it does not
make decisions on funding or permitting of specific projects.
Today’s meeting is intended to give the Tribes enough information to determine if they are interested in
consultation and contributing to the planning process. There will be a more in-depth presentation on
the central themes: climate change, performance tracking, and the Conservation Strategy.
Steve Rothert, Manager of the Division of Multi-benefit Initiatives, welcomed the Tribes. DWR is
interested in meeting the needs and interests of Tribal communities, protecting resources, and
advancing Tribal interests while improving flood protection and restoring rivers and floodplains,
protecting communities and infrastructure, improving environmental health, providing economic
stability, and providing recreational and educational opportunities.
Anecita invited Tribal representatives to introduce themselves, followed by State agency personnel
working on the 2022 CVFPP Update.
Presentations
2022 Central Valley Flood Protection Plan Update
Presentation by Jason Sidley, Department of Water Resources
Please refer to this presentation’s PDF in the meeting material for more details on the summary below
Jason Sidley reviewed the CVFPP and past Updates.
The following key points were highlighted:
• In 2008, the State of California directed the California Department of Water Resources (DWR) to
develop the first CVFPP, released in 2012. The CVFPP is a strategic, long term plan that describes
a programmatic vision for flood system improvements in the Central Valley. The CVFPP is
updated every five years and describes current flood protection programs, but it does not make
decisions on funding or permitting of specific projects.
• The CVFPP focuses on an area that includes both the Sacramento and San Joaquin Basins. The
Sacramento Basin extends from north of Chico to Collinsville and the San Joaquin Basin extends
from north of Stockton to Fresno. The basins include major urban centers, small communities,
and rural and agricultural areas. They include $80 billion of infrastructure and assets, 1.3 million
people who work and live in the floodplains, and Tribal communities and lands.
• The key elements in the Central Valley Flood Management System are 1,600 miles of State and
federal levees, of which 380 miles are in the Delta; an extensive system of bypasses and
floodways; several areas of floodplains and floodways; two different river basins, each with over
five major rivers; and major urban centers, small communities, and rural and agricultural areas.
5Summary: 2022 CVFPP Update Tribal Informational Meeting
March 02, 2021, 2:30pm – 4:30pm | Conducted via Zoom
• The primary goal of the CVFPP is to improve flood risk management by reducing the chance of
flooding, reducing damages after floods occur, and improving public safety, preparedness, and
emergency response. The plan addresses other goals including improving operations and
maintenance of the Flood Management System, promoting ecosystem functions, improving
institutional support for flood risk projects, and promoting multi-benefit projects.
• DWR and the Central Valley Flood Protection Board (CVFPB) are key partners for developing the
CVFPP and they have compatible responsibilities. DWR prepares and works towards
implementation of the CVFPP; provides technical assistance to state agencies, counties,
reclamation districts, Tribes, and nonprofit agencies; administers financial assistance programs
for flood management projects in the Central Valley; and operates and maintains part of the
State Plan of Flood Control (SPFC) Planning Area. The CVFPB adopts and works towards
implementation of the CVFPP, is a non-federal sponsor for SPFC facilities, administers
encroachment permits, and provides a public forum for stakeholder engagement.
• The 2012 CVFPP introduced the State Systemwide Investment Approach (SSIA) and identified
goals and strategies for implementation.
• The 2017 CVFPP Update included the following recommendations:
o Investments and policies and technical analyses to support comprehensive flood risk
management actions locally, regionally, and systemwide. The technical analyses on
climate change and flood risk included an ecological perspective.
o A $17 to $21 billion investment in flood protection projects to be used over thirty years.
• The Update was organized around eight major policy issues that could impact the
implementation of these projects over the next thirty years: land use and floodplain
management, residual risk management, hydraulic and ecosystem baselines and program
phasing, operations and maintenance of the flood system, multi-benefit projects, governance
and institutional support, coordination with federal agencies, and funding.
• Moving from the 2017 Update to the 2022 Update, the material will not all be new. The 2022
Plan updates the foundational plan from 2012 to reflect significant physical and policy changes
in the system.
• Themes will include climate resilience, reporting project implementation accomplishments, and
alignment with other state efforts from the 2017 Update. Performance tracking will show
effectiveness towards the intended outcomes of improved public safety, ecosystem vitality,
economic stability, and enriching experiences. Recommendations will be reviewed and divided
by short- and long-term implementation.
• Regional flood management planning groups will help inform this programmatic approach.
There are six regions in the Sacramento River basin and three in the San Joaquin River basin. The
entities meet monthly and include flood control agencies, maintaining agencies, cities, counties,
nongovernmental organizations, farm bureaus, wildlife refuges. The groups provide substantial
input to the update process, including input on the project portfolio lists, and regional priorities
that are presented in a white paper that will help to develop the 2022 policy issues. Tribal
involvement is encouraged and if interested, they should contact the regional lead agency that
covers the tribal boundary.
6Summary: 2022 CVFPP Update Tribal Informational Meeting
March 02, 2021, 2:30pm – 4:30pm | Conducted via Zoom
• DWR plans to release a working/administrative draft in August 2021 for interested parties so
early feedback can be incorporated into a public draft in January 2022. The final CEQA
document and CVFPP Update will be released in September 2022.
• Components of the CVFPP fall under Technical Analyses, Actions and Proposed Investments, and
Strategies and Policies. The 2022 Update will focus on
o Innovation through Climate Change Analyses and Adaptation;
o Accountability by Performance Tracking; and
o Collaboration through Alignment with Other State Efforts.
Questions and Discussion
Debie Rasmussen, Enterprise Rancheria, noted that cultural resources are not limited to sacred sites and
includes wildlife and biology. Petee Ramirez, CA Valley Miwok, noted his agreement with Debie
Rasmussen's comment regarding cultural resources, including but not limited to sacred sites, burial sites,
wildlife ecology and ecosystems.
Isaac Bojorquez, Yocha Dehe, asked how counties are interacting with DWR during plan development to
discuss policy issues and plan recommendations. Jason Sidley, DWR, explained the regional flood
management planning groups and noted the CVFPB also provides venues for local and federal
interaction. Steve Rothert, DWR, added that we are working specifically in the Cache Slough and Yolo
Bypass area with landowner groups and other local interests to clarify roles and responsibilities and to
advance shared interests and visions in a collaborative way.
Innovation through Climate Change Resilience and Adaptation
Presentation by Romain Maendly, Department of Water Resources
Please refer to this presentation’s PDF in the meeting material for more details on the summary below
One of the big innovations in the CVFPP is how we represent climate in our decision-making and
specifically to the planning process. Romain described efforts to understand the range of climate change
uncertainty. He highlighted the following key points:
• There is no consensus on the degree of change in temperatures. Once there is a range of
temperature changes, the information can be applied to understand the vulnerability of the
system with respect to climate change. The analyses will identify the thresholds of the system.
The final step is to identify and discuss adaptation strategies to improve system resilience.
There are two pilot studies, one on the Merced River and the other is a Watershed study of the
Tuolumne.
• State policy stated in Executive Order (EO) B-30-15 and Assembly Bill (AB) 1482 require State
agencies to account for climate change in project planning and investments.
• The 2012 CVFPP included a very qualitative threshold analysis of the Sacramento River Basin.
The analysis projected future amounts and timing of precipitation, potential investments and
the flows were modelled to study the system response.
• The 2017 Update included a quantitative analysis using projected median unregulated flows
with future climate change. The increased temperature will cause the snowpack to retreat
much earlier in the season, and the combination of rain and snowmelt will result in more peak
7Summary: 2022 CVFPP Update Tribal Informational Meeting
March 02, 2021, 2:30pm – 4:30pm | Conducted via Zoom
flows, and larger volumes of water going down the Central Valley. The San Joaquin basin is much
more vulnerable than the Sacramento basin because of the change in elevation. In the delta
locations, sea level rise is not negligible when we talk about flood risk protection, especially
when we combine the flood flows from the watershed with rising sea levels.
• The 2022 Update will use a similar methodology and a broader approach using the low, median,
and high projections and decision-scaling pilot watershed studies to meet the EO N-10-19 Water
Resilience Portfolio State Policy, which calls for development of a flood management strategy
for the San Joaquin River and its tributaries and support regional decision making with
watershed scale vulnerability and adaptation assessments. The study will show how the flood
system can respond, how resilient they are, and how the SSIA response can be improved.
• The 2022 Update will consider atmospheric rivers that bring Pacific atmospheric moisture from
the Pacific Ocean, and result in precipitation over the Coast Ranges, into the Central Valley and
the precipitation causes snow melt in the Sierra Nevada. In a warmer climate, the atmospheric
rivers will become more intense as they become wetter, longer, and wider.
Questions and Discussion
Anecita Agustinez asked about watershed studies. Romain Maendly replied that the watershed studies
are used for decision-scaling to identify triggers for adaptational strategies as the understanding of the
effects of a changing climate evolves. The Merced and Tuolumne watershed studies are perfect
examples of the pilot studies used for watershed-based planning. Flood-MAR is an excellent adaptation
strategy when there are multi-purpose and multi-objective strategies to evaluate flood risk. Note:
“Flood-MAR” is an integrated and voluntary resource management strategy that uses flood water
resulting from, or in anticipation of, rainfall or snow melt for managed aquifer recharge (MAR) on
agricultural lands and working landscapes, including but not limited to refuges, floodplains, and flood
bypasses.
Accountability by Tracking Performance
Presentation by Lori Clamurro-Chew, Department of Water Resources
Please refer to this presentation’s PDF in the meeting material for more details on the summary below
One of the key themes of the 2022 Update is performance tracking, to see the results and outcomes of
these investments on the landscape. The state is developing flood risk management and ecosystem
restoration metrics that will track outcomes, and finally and most importantly, demonstrate an
improving return on investment. The following key points were highlighted:
• The Conservation Strategy supports the CVFPP secondary goal of promoting ecosystem function.
The 2016 Conservation Strategy was prepared as a component of the CVFPP and provides
strategies and guidance for how we develop ecosystem components of multi-benefit projects;
and identifies specific tracking metrics for ecosystem functions and measurable objectives for
three regions in the Sacramento Basin and three regions in the San Joaquin Basin.
• The flood performance tracking system that is under development will be a GIS based flood
performance tracking system that will track improving conditions for ecosystem floodplain
inundation, and the promotion of natural riverine processes in terms of improving riparian,
marsh, and other wetlands habitats throughout the flood system. These habitats contribute to
8Summary: 2022 CVFPP Update Tribal Informational Meeting
March 02, 2021, 2:30pm – 4:30pm | Conducted via Zoom
species recovery and resilience for target species that are dependent upon the flood system.
The system will also track reduction of stressors in the flood system such as fish passage barriers
and invasive plants.
• Project managers will create GIS shapefiles that can be configured and digitized to track
ecological objectives e.g., potential floodplain inundation or river meander. The specific
outcomes of flood projects, both individually and cumulatively, either within regions or
throughout the system-wide planning area, will be entered into a flood performance tracking
system that would allow users to compile information for individual as well as multiple projects.
The system would also allow users to query financial information to track investments.
Questions and Discussion
Petee Ramirez, CA Valley Miwok, asked if historic floodplains will be compared to project floodplains.
Lori Clamurro-Chew, DWR, replied that the floodplains used to develop measurable objectives identified
by the 2016 Conservation Strategy were based on historic flows unrestricted by levees and reservoirs.
Statement of Administrative Policy on Native American Ancestral Lands
Presentation by Leslie Gallagher and Andrea Buckley, Central Valley Flood Protection Board
Please refer to this presentation’s PDF in the meeting material for more details on the summary below
In her opening statement, Leslie Gallagher reviewed the current Board Members, her delegated
authority to lead Board programs that intersect with Tribal interests, and the commitment of the Board
to working with Tribal governments. Andrea Buckley presented on the Board’s role in implementation
of the new Policy (as the holder of lands within the CVFPP area), highlighting the following key points:
• The Board can acquire, own, use, hold and enjoy property in the name of the SSJDD and
manages approximately 24,000 acres held in fee, approximately 207,000 acres held in
easement, and approximately 10 to 20 thousand acres held in joint use agreements with various
agencies and individual parties. The Board primarily holds property for flood control purposes
and the majority is related to a flood control feature, such as a bypass or a levee system, as well
as some riparian areas adjacent to rivers and tributaries. Property can be held for wildlife
enhancement, including for mitigation banking purposes and recreational opportunities.
Property is held in fee or the Board has flood or flowage easements.
• 9.25.20-Native-Ancestral-Lands-Policy.pdf (ca.gov). The purpose of this Policy is to partner with
California Tribes to facilitate Tribal access, use, and co-management of State-owned or
controlled natural lands and to work cooperatively with California Tribes that are interested in
acquiring natural lands in excess of State needs in order to, among other things:
o Support Tribal self-determination and self-government;
o Facilitate the access of California Native Americans to sacred sites and cultural resources;
o Improve the ability of California Native Americans to engage in traditional and sustenance
gathering, hunting and fishing;
o Partner with California Tribes on land management and stewardship utilizing Traditional
Ecological Knowledge;
o Reduce fractionation of Tribal lands; and
9Summary: 2022 CVFPP Update Tribal Informational Meeting
March 02, 2021, 2:30pm – 4:30pm | Conducted via Zoom
o Provide opportunities for education, community development, economic diversification,
and investment in public health, information technology and infrastructure, renewable
energy, water conservation, and cultural preservation or awareness.
Actions taken in accordance with this Policy could include, but would not be limited to:
o Entering into memoranda of understanding to allow for access to or co-management of
natural lands under the ownership or control of the State with California Tribes with
ancestral lands located in such areas;
o Grant making to assist California Tribes with procurement, protection or management of
natural lands located within their ancestral territories, subject to available resources;
o When natural lands under the ownership or control of the State are in excess of State needs,
working cooperatively within existing statutory and regulatory frameworks with the
California Tribes that have ancestral territory within those lands and are interested in
acquiring them, including by prioritizing tribal purchase or transfer of land; and
o Adopting preferential policies and practices for California Tribes to access natural lands
under the ownership or control of the State that are located within a California Tribe’s
ancestral lands, including coordinating with local governments to zone natural land in excess
of State needs in a way conducive to tribal access and use.
• Board specific actions could include entering into a programmatic right of entry for any Tribe that is
superior to any other outside interests or a memorandum of understanding to allow access or co-
management of lands underneath the Board's control where there is a cultural resource or
resources of concern, or land within ancestral boundaries; prioritize a Tribal purchase or land
transfer of previously acquired lands that are now not needed for flood control and seen as an
excess; adopting preferential policies and practices for tribes to access natural lands under the
ownership of the board as they relate to Tribes ancestral boundaries; partnering on land
stewardship or land management practices, utilizing traditional ecological knowledge; or adjusting
our operation and maintenance practices on those lands to better align with Tribal interests.
• Government-to-government consultation efforts regarding GIS layers and more detailed mapping of
lands boundaries that are of interest to the Tribes where they overlap with the board's property
interests would be helpful.
Questions and Discussion
Petee Ramirez, CA Valley Miwok, mentioned that he will discuss the policy with his Tribal council
regarding formal consultation with the Board regarding access to their ancestral footprint to preserve
and protect lands, especially in the San Joaquin area. Anecita Agustinez noted that both DWR and the
CVFPB are implementing the Natural Resources Agency Tribal consultation policy and they do not need
to wait for the AB 52 process. Government-to-government communication can begin immediately on
this ancestral land discussion. Even regional discussions with the Tribes on a regional basis can begin to
make that information available when it is appropriate and proper.
10Summary: 2022 CVFPP Update Tribal Informational Meeting
March 02, 2021, 2:30pm – 4:30pm | Conducted via Zoom
Tribal Engagement
Presentation by Lori Price, Department of Water Resources
Please refer to this presentation’s PDF in the meeting material for more details on the summary below
Lori Price reviewed the two pre-consultation opportunities for Tribal engagement conducted to date:
February 16, and March 02, 2021. The meeting materials will be sent to the Tribes and made available
on a soon-to-be developed CVFPP Tribal-specific website and listserv.
• In April 2021, DWR will send out an Invitation for Consultation under Assembly Bill (AB) 52, DWR
Tribal Engagement Policy or CNRA Tribal Consultation Policy. If any Tribes are not on DWR’s AB
52 Consultation list, they can send a request letter to DWR by mail or email. Request letter
templates are available on NAHC’s website. If any Tribes have a consultation process that DWR
is not aware of, then DWR would like to abide by the Tribes’ protocols.
• Tribes can get involved at the local level through the regional flood management groups.
• DWR and CVFPB plan to conduct several activities to gather feedback from the Tribes and
welcome recommendations on how best to engage the Tribes.
• Tribes will receive the 2022 CVFPP Administrative Draft for review in August 2021.
• There will be several public meetings and workshops related to the 2022 CVFPP Update before
and after the 2022 CVFPP Administrative and Public drafts are available for review (August 2021
and January 2022, respectively).
• Tribal representatives are welcome to attend CVFPB meetings to gain information or provide
comments. The next CVFPB meeting will take place on Friday, March 26.
• DWR will create a website specifically for Tribes this Spring that will have meeting details and
other information related to the CVFPP and its updates. This website will exist beyond the 2022
CVFPP Update in perpetuity.
• A post-meeting survey link to a survey will be open for 2 weeks (until March 16*, 2021). The
responses will assist DWR and CVFPB in developing future Tribal engagements and in the CVFPP
planning process. The survey link is: http://bit.ly/TribalPost-Meeting-Survey. *Note: On March
3, 2021, the survey link was emailed to the participants of the February and March meetings,
and on March 9, 2021 notice of extension of the closing date to March 30 was sent via email.
Other Tribal Opportunities
• The Central Valley Water Board is beginning the process of soliciting interest from Tribes and
designating Tribal beneficial uses, which is a designation that can help in protecting water
quality in support of activities specific to Native American cultures and their uses of California
waters. Two Tribal summits are being held on March 18th from 2:00 to 4:00 p.m., focusing on
the Sacramento and San Joaquin river watersheds, and the second is on March 25th, from 4:00
to 6:00 p.m., focusing on the Tulare lake basin. Those interested in participating in one of these
summits, please contact Elizabeth Betancourt.
• The CVFPB is planning a future workshop dedicated to Tribal concerns and Tribal governments,
in relationship to not only the Central Valley Flood Protection Plan, but also the new
Administrative Policy of Native American Ancestral Lands, in an informal setting where Board
members can interact directly.
11Summary: 2022 CVFPP Update Tribal Informational Meeting
March 02, 2021, 2:30pm – 4:30pm | Conducted via Zoom
Questions and Discussion
Ryan Macintosh, Santa Rosa Rancheria, asked if DWR provides outreach and education for Tribal youth.
Jason Sidley replied that DWR does have a group that focuses on youth education and has been an
ongoing recommendation in previous DWR planning documents. Mike Mierzwa, DWR Floodplain
Manager, is a good contact for these opportunities. Ryan Macintosh asked if the Board will meet on
Tribal lands. Andrea Buckley replied that the Board would like to do so once State protocols and COVID
restrictions are lifted.
Anecita Agustinez noted the results of the DWR pilot studies may identify funding opportunities from
the Flood-MAR program for ecosystem restoration on Tribal lands.
Tribes can contact Andrea Buckley regarding the Statement of Administrative Policy on Native American
Ancestral Lands.
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