Letter Agreement Between DWR and Valley Water approving Valley Water's 2025 and/or 2026 CVP Water Exchange with State Water Supplies
Summary
SCH Number
2025080933
Public Agency
Santa Clara Valley Water District
Document Title
Letter Agreement Between DWR and Valley Water approving Valley Water's 2025 and/or 2026 CVP Water Exchange with State Water Supplies
Document Type
NOE - Notice of Exemption
Received
Posted
8/21/2025
Document Description
The Agreement provides DWR's approval for Valley Water's requested operations as
described in the CPOU petition and approved by the SWRCB which temporarily amends the authorized places of use associated with Reclamation and DWR's water rights permits. The exchange of Valley Water's CVP water with SWP water will increase Valley Water's operational flexibility by allowing SWP water supplies to be conveyed to Valley Water through the South Bay Aqueduct to compensate for constraints on the San Felipe Division due to scheduled maintenance and unscheduled outages. It also provides Valley Water the ability to efficiently balance
the management of its SWP and CVP water supplies within its service area.
The Agreement provides for DWR to deliver of up to 75,000 acre-feet of SWP water supplies from the Banks Pump Plant to the South Bay Aqueduct in exchange for an equal amount of Valley Water's CVP water made available to DWR by Reclamation at the O'Neill Forebay. The Agreement is for the period from July 2025 through July 2026. All water exchanged under this Agreement would be conveyed using existing SWP and CVP facilities. The total quantity of water delivered under the Agreement and all other water deliveries to Valley Water will not exceed Valley Water's maximum allowable capacity in the South Bay Aqueduct of the California Aqueduct.
Contact Information
Name
Michael Martin
Agency Name
Santa Clara Valley Water District
Job Title
Senior Water Resources Specialist
Contact Types
Lead/Public Agency
Phone
Location
Counties
Santa Clara
Regions
Countywide
Other Location Info
Santa Clara County
Notice of Exemption
Exempt Status
Statutory Exemption
Type, Section or Code
Water Code 1729
Reasons for Exemption
All water conveyance under the Agreement would occur through existing water
conveyance facilities and would not exceed their capacities. The Project would not Involve any construction or major alteration I of facilities. The total quantity of water delivered would not change Valley Water's existing CVP or SWP allocations or the total amount of water exported from the Delta. The Project entails the continued operation of existing facilities involving negligible or no expansion of existing or former use. Furthermore, water transfers associated with the Agreement would amount to a temporary transfer in the form of a change in the point of diversion, place of use, or purpose of use of water that otherwise would have been consumptively used or stored.
As such, the Agreement is consistent with CWC §1725. Therefore. the Project meets the requirements of CWC §1729 and CEQA Guidelines §15301 and is statutorily and categorically exempt from the requirements of CEQA.
CWC §1729 provides for a statutory exemption from CEQA applicable to a proposed water transfer that is consistent with CWC §1725
"A proposed temporary change under this article shall be exempt from the requirements of Division 13 (commencing with §21000) of the Public Resources Code."
CEQA Guidelines §15301 states that: "Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use."
None of the conditions noted under the CEQA Guidelines § 15300.2 exist.
County Clerk
Santa Clara
Attachments
Notice of Exemption
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