New Incidental Take Permit Issued for State Water Project

  • by ACWA Staff
  • Nov 7, 2024
  • Water News

SACRAMENTO – Addressing the dual challenges of climate change impacts and endangered species protections, the California Department of Water Resources (DWR) has received a new operating permit for the State Water Project (SWP) that will protect endangered fish species while ensuring a reliable water supply for 27 million Californians.

The permit, known as an Incidental Take Permit (ITP), was issued by the California Department of Fish and Wildlife (CDFW) following the certification of a Final Environmental Impact Report for long-term operations of the SWP. The permit covers five species protected under the California Endangered Species Act, including Delta smelt, longfin smelt, white sturgeon, winter-run Chinook salmon and spring-run Chinook salmon.

Since 2021, DWR has been working with the U.S. Bureau of Reclamation and partners at the state and federal fish agencies to update the operating rules for the SWP and the federal Central Valley Project following litigation against the federal rules in 2020, known as the Biological Opinions. As with the previous permits, DWR focused on meeting the requirements of the California Endangered Species Act (CESA) independent of the federal Biological Opinions. This allows for simpler processes for adaptively managing the system and ensuring CESA coverage remains in place independent of any future changes to the federal rules.

“The State Water Contractors (SWC) and its member agencies are grateful for the hard work DWR and DFW have done to prepare this new permit. It appears to resolve issues raised in 2020, incorporating the best available science and bringing regulatory stability for water managers who have been operating through unprecedented challenges over the last several years,” stated State Water Contractors General Manager Jennifer Pierre in a news release.

“We are hopeful that the State’s collaborative approach will set the tone for ongoing coordination with our federal partners and the state’s Bay Delta Water Quality Control Plan update,” Pierre continued. “The revised ITP appropriately relies on adaptive management to help us further improve the management of the Delta ecosystem and water supply, making good use of the SWC’s ~$350 million investment in habitat restoration and significant research and monitoring activities over the next 10 years. We will work closely with our state partners to ensure the reliability and viability of the State Water Project for the millions of Californians who rely on it.”

“The new Incidental Take Permit for the State Water Project issued today provides California with new tools and resources to better manage our water supply for endangered fish species and millions of Californians,” stated DWR Director Karla Nemeth in a news release. “While the State Water Project is now operating under a permit independent of our federal partners, we continue to work together to make sure the rules that govern operations of both projects are aligned to the benefit of both fish and people.”
“In California, incidental take permits are an important way we regulate infrastructure projects that have the potential to cause harm to protected fish and wildlife,” stated CDFW Director Chuck Bonham in a news release. “By requiring the State Water Project operation to avoid and minimize impacts, and to mitigate and counteract those impacts through habitat restoration, improved flow measures, monitoring, and hatchery production, we will make sure all fish and wildlife species impacted by the project have opportunities to thrive.”

The new operating plan for the SWP include a portfolio of actions and new science tools designed to reduce and offset impacts to listed species, including commitments to:
• Incorporate new genetic technology that allows real-time differentiation of listed salmonids from non-listed salmonids for real-time operational adjustments
• Complete tidal marsh and floodplain restoration projects that support spawning and rearing habitat for listed species
• Improve fish passage in critical migration corridors
• Support adaptive annual investments in salmon that are responsive to climate change stressors, including droughts
• Support hatchery production actions for listed species

The proposed operations also incorporate a robust adaptive management plan that will allow the SWP to incorporate new science to revise project components in a manner that more efficiently and effectively protects species.
“Extreme storms and extended droughts mean we need to be as nimble as possible in operating our water infrastructure. DWR remains committed to using the best available science to operate the State Water Project to support the water supply needs of California’s communities while protecting fish and wildlife,” Nemeth stated.

The SWP operations plan was completed in coordination with partners from the Bureau of Reclamation, U.S. Fish and Wildlife Service, National Marine Fisheries Service, and CDFW. Efforts to complete the updated operations plan spanned three years and included regular engagement and feedback from interested parties.

The federal Central Valley Project Environmental Impact Statement and Biological Opinions are separate from the SWP Incidental Take Permit and Final Environmental Impact Report.

Suggested Resources

15 RESOURCES prev next
Federal Regulatory Issues Chart

Sorry, but only ACWA members have permission to view this content. Member login is required.

Flood Preparedness Toolkit

Sorry, but only ACWA members have permission to view this content. Member login is required.

Joint Comment Letter: Recommendations Regarding Governor Newsom’s State of Emergency Due to 2026-27 El Niño Event

Agency: California Natural Resources Agency, California Environmental Protection Agency Subject: Memo – Recommendations regarding Governor Newsom’s Proclamation of a State of […]

Comment Letter: US EPA and USACE Updated Definition of “Waters of the United States”

Agency: United States Environmental Protection Agency, United States Department of the Army Subject: U.S. Environmental Protection Agency and U.S. Army Corps of […]

Comment Letter: USDA Roadless Area Conservation Rule

Agency: United States Department of Agriculture Forest Service Subject: U.S. Department of Agriculture: Special Areas; Roadless Area Conservation — Docket ID […]

Priority Issues Bulletin

Sorry, but only ACWA members have permission to view this content. Member login is required.

Regulatory Roundup

The following document is released each month and includes policy updates from ACWA’s Regulatory Department. Click on the below link […]

Federal Legislative Matrix

Sorry, but only ACWA members have permission to view this content. Member login is required.

Comment Letter: Review of State Plans and Policies

Agency: State Water Resources Control Board Subject: Review of State Plans and Policies Letter excerpt:  The Association of California Water […]

Comment Letter: Final Draft Bay-Delta Plan

Agency: State Water Resources Control Board, Division of Water Rights Subject: Comment Letter – Final Draft Bay-Delta Plan Letter excerpt:  The Association […]

Comment Letter: Revised Draft of Amendments to CCR Regarding Invasive Mussels

Agency: California Department of Fish and Wildlife Subject: Comment Letter regarding Revised Draft of Amendments to Sections 650, 672, 672.1, […]

Joint Comment Letter: Water Quality Fee Schedule

Agency: State Water Resources Control Board Subject: 09/15/2026 BOARD MEETING – ITEM 5 (Water Quality Fee Schedule) Letter excerpt:  On behalf of […]

Joint Letter: Request for Immediate State Action to Protect California Communities Before 2026-27 Winter Season

To: Governor Gavin Newsom, California Governor’s Office of Emergency Services Director Caroline Thomas Jacobs Subject: Request for Immediate State Action […]

2026 Water Professionals Appreciation Week Toolkit

California’s annual Water Professionals Appreciation Week kicks off Oct. 3, celebrating the dedicated professionals who work every day to provide […]

Comment Letter: US EPA Revisions to Establish 6th Unregulated Contaminant Monitoring Rule for Public Water Systems

Agency: United States Environmental Protection Agency Subject: U.S. Environmental Protection Agency: Revisions To Establish the Sixth Unregulated Contaminant Monitoring Rule […]

Suggested News

15 Articles prev next
PWD’s Inaugural H2GO 5K Event Wins PR Award

PALMDALE – Palmdale Water District (PWD) is proud to announce that it has received a PRism Award of Excellence from […]

ACWA Statement on Governor’s EO on Flood Protection Work Ahead of El Niño

SACRAMENTO – The Association of California Water Agencies (ACWA) issued the following statement in response to Gov. Gavin Newsom’s Executive […]

WVWD Launches “Find Your Flow” Video Series to Showcase Careers in Water

RIALTO – West Valley Water District (WVWD/District) announced the launch of its new video series “Find Your Flow”, created to highlight […]

Recharge Basin Completed in Record Time, Securing Water for 18,000 Residents

CALIMESA – For the first time in Calimesa’s history, imported water is flowing into a new groundwater recharge basin, marking […]

WVWD Names Jared Macias General Manager

WALNUT — Walnut Valley Water District (WVWD) is pleased to announce the appointment of Jared Macias as its new General Manager, […]

Four Water Agencies Partner to Preserve Hydropower

SAN BERNARDINO – San Bernardino Valley Municipal Water District (San Bernardino Valley), Bear Valley Mutual Water Company (Bear Valley), Big […]

ACWA Foundation Launches High School Internship Toolkit

SACRAMENTO — At ACWA member agencies’ request, the ACWA Foundation and Tomorrow’s Talent developed a comprehensive toolkit designed to help […]

WEF Opens Water Leaders Application Process

The Water Education Foundation (WEF) is now accepting applications for its 2027 Water Leaders program. ACWA members who apply may […]

Alameda County Water District Celebrates Clean Energy Milestone

The Alameda County Water District (ACWD) celebrated a major milestone in its commitment to sustainability with a ribbon-cutting ceremony on […]

Water Leaders Step Into the Principal’s Office at Telesis Academy

Two Rowland Water District (RWD) staff members traded their usual focus on water service for a school day in the […]

Chino Basin Program Receives $103.7 Million in Conditional Funding

SACRAMENTO – The California Water Commission (CWC/Commission) convened on Wednesday, October 21, 2026, and conditionally approved a supplemental funding determination that […]

Santa Cruz Water Department Completes Graham Hill Road Pipeline Work

Following increasingly frequent pipeline failures caused by climate change-driven storms, the Santa Cruz Water Department announced today it has completed […]

How Yuba Water Agency Is Preparing for an El Niño Winter, and How Residents Can, Too

Held each year at the end of October, California Flood Preparedness Week is an opportunity for local, state and federal […]

The Momentum Is Building for Better Water Data in California

Written by the Initiative to Streamline Water Data Reporting in California (CalWEP, California Water Data Consortium, California Data Collaborative and […]

IID Board Approves $4.3 Million in FLOW Grants for Local Water Projects

The Imperial Irrigation District (IID) Board of Directors approved $4.3 million in Funding Local Opportunities for Water (FLOW) grants on […]