Placerville, Calif. — May 13, 2025
A broad coalition of 32 environmental justice groups, Native American tribes, and local governments — including several agencies and counties connected to El Dorado County — has formally petitioned the State Water Resources Control Board (SWRCB) to reconsider its April 11 decision denying a motion to cancel a key petition for the controversial Delta Conveyance Project, also known as the Delta Tunnel.
The coalition includes the Shingle Springs Band of Miwok Indians, Restore the Delta, the Winnemem Wintu Tribe, and local water agencies that rely on the Delta watershed. The petition contends that the California Department of Water Resources (DWR) has repeatedly failed to submit required historical water use data for the State Water Project — data which the Administrative Hearing Officer (AHO) deemed essential for evaluating the legality and environmental impact of the proposed tunnel.
Key Context and Allegations
The April 11 ruling by the SWRCB allowed DWR’s Change Petition for the Delta Conveyance Project to proceed, despite its failure to provide supplemental information originally due in December 2024. The petitioners argue this omission violates state law and undermines the transparency and integrity of the water rights process.
In a joint statement, the coalition said:
“Despite numerous extensions, DWR failed to produce the data. That data is critical to determining whether the proposed Delta Tunnel would initiate a new water right and its potential impacts on existing users and ecosystems.”
The coalition warns that a recent motion filed by the State Water Contractors — who are both funders and intended beneficiaries of the tunnel project — seeks a protective order in a related case that would prevent the AHO and the SWRCB from compelling DWR to release the very data at issue.
Voices from the Region
Gary Mulcahy, Governmental Liaison for the Winnemem Wintu Tribe, emphasized the importance of regulatory integrity:
“We are giving the State Water Resources Control Board one more opportunity to uphold the law and stop giving DWR preferential treatment.”
Echoing that sentiment, Cintia Cortez, Policy Manager with Restore the Delta, said:
“Allowing the water rights hearing to move forward without transparency and accountability sets a dangerous precedent and continues the harm to Delta communities and the environment.”
The legal team representing the coalition argued that the SWRCB has both the authority and obligation under California’s Water Code to cancel a change petition if the petitioner fails to submit complete data.
Stephanie Safdi, Director of the Yale Environmental Justice Law and Advocacy Clinic and counsel for the coalition, said:
“The Board must uphold the law and end the DCP change petition proceedings.”
Delta Tunnel and Local Implications
The Delta Tunnel has long been a flashpoint in California’s water wars. Proponents argue it is essential to modernize infrastructure and protect water delivery to Southern California. Opponents — including many in Northern and Central California — warn it would devastate the fragile Delta ecosystem and threaten water equity for upstream communities.
El Dorado County, though not a direct water exporter from the Delta, relies on its ecological health. Local leaders have expressed concern about broader implications for regional water rights, environmental stability, and tribal sovereignty.
The Shingle Springs Band of Miwok Indians — based near Placerville — has been a vocal opponent of the project, citing both historical injustices and environmental concerns. Their involvement adds a local dimension to what is often perceived as a statewide or urban-versus-rural issue.
Political and Financial Influence
The petition also draws attention to the political dynamics surrounding the project. The Wonderful Company’s Stewart and Lynda Resnick — major growers and longtime proponents of the tunnel — are among Governor Gavin Newsom’s top donors. According to campaign finance data from FollowTheMoney.org, the Resnicks have donated over $430,000 to Newsom since 2018 and millions more to state universities and public institutions, including $50 million to UC Davis in 2022.
Critics contend this political influence undermines public confidence in the neutrality of state agencies overseeing water resource policy.
What’s Next?
The SWRCB has not yet issued a formal response to the Petition for Reconsideration. If granted, it could delay or derail the Delta Tunnel’s administrative progress. A rejection would likely trigger further legal action from opponents.
For now, the coalition is calling on El Dorado County residents, local agencies, and elected officials to stay informed and demand accountability.
“This isn’t just about a pipe,” said Eric Buescher, Managing Attorney at San Francisco Baykeeper. “It’s about protecting the Delta, upholding the law, and ensuring that no one — not even DWR — is above accountability.”
