San Francisco Baykeeper urges State Water Board to extend comment period and rethink July Bay‑Delta draft plan

San Francisco Baykeeper urged the State Water Resources Control Board on Sept. 3 to extend the public comment period for the board's July draft update of phase 2 of the Bay‑Delta Water Quality Control Plan and to substantially revise the proposal. Eric Buscher, managing attorney at San Francisco Baykeeper, told the board the Sacramento–San Joaquin Delta is in “a state of crisis” and that the July draft "all but abandons this 16 year project."

Buscher said historical reductions in flows, altered timing and distribution, and barriers to natal waters have driven steep declines in native fish and wildlife. He argued that existing regulatory minimum delta outflows and the draft plan's approach are insufficient, and that without more in‑stream flow protections “adopting the July draft plan would choose extinction instead.”

The board chair, Joaquin Esquivel, acknowledged the comment and said staff had already added 20 additional days to the comment period and that an additional request for more time is under consideration. Esquivel thanked Buscher for his advocacy but noted there would not be extended back‑and‑forth during the public forum.

Why it matters: The Delta provides habitat and water supplies for fisheries, tribes, communities and agriculture across the state; changes to the Bay‑Delta plan affect water allocations, timing of flows and protections for listed species. Buscher cited federal and state wildlife agencies and a January 2024 Environmental Protection Agency statement that called for large‑scale increases in flow and habitat restoration.

Details: Buscher traced the board's long history of engagement on the Bay‑Delta, noting prior updates and the board's 2006 plan. He said native species have continued to decline since earlier plans and that the newest draft prioritizes short‑term political and private interests over protecting fisheries and Delta communities. Buscher requested the board grant an extension and “resume the board's 16 year project of materially changing for the better the way water in the Bay‑Delta and the state is regulated.”

Board response and next steps: Chair Esquivel confirmed staff added 20 days to the deadline and that a further extension request remained under consideration. The board did not take a formal vote in this public‑forum exchange; subsequent deliberations on the draft plan occur in agenda items and hearings beyond the public forum recorded here.

Ending: Buscher's remarks were part of the public comment period at the beginning of the Sept. 3 meeting. Interested parties should monitor the board's public notices and the Bay‑Delta plan docket for official comment‑period changes and upcoming hearings.