DWR and Water Board Propose Key Updates to Desalination Policy Framework – The National Law Review

California’s Renewed Focus on Seawater Desalination and Sustainable Water Management

Amid increasing climate variability and persistent drought conditions, California is intensifying efforts to diversify its water supply portfolio by expanding seawater desalination initiatives. This approach aligns with the United Nations Sustainable Development Goals (SDGs), particularly SDG 6: Clean Water and Sanitation, and SDG 13: Climate Action, by promoting resilient and sustainable water resource management.

Current Status of Desalination Facilities in California

Currently, only a few large-scale seawater desalination plants operate along the California coast, including the Carlsbad, Dana Point, and Marina facilities. Although desalinated water constitutes a small fraction of the state’s overall water supply, it represents a potentially scalable resource to enhance water security.

Regulatory and Planning Updates Supporting Sustainable Desalination

Over the past year, the California Department of Water Resources (DWR) and the State Water Resources Control Board (Water Board) have undertaken significant measures to update regulatory frameworks and planning strategies governing desalination projects, ensuring alignment with environmental sustainability and social inclusiveness principles embedded in the SDGs.

1. 2023 California Water Plan Update

   In April 2024, DWR published the 2023 California Water Plan Update, a critical document guiding water resource decisions statewide. The plan sets ambitious targets to increase desalinated product water by:

   • 28,000 acre-feet per year by 2030
   • 84,000 acre-feet per year by 2040

   The update also introduced the Desalination Resource Management Strategies (Desalination RMS), which evaluate current desalination projects and identify challenges and opportunities for future sustainable development.

2. Policy Recommendations from Desalination RMS

   The Desalination RMS proposes several policy measures to integrate desalinated water responsibly into California’s water supply portfolio, including:

   • Potential revisions to the Water Board’s California Ocean Plan to improve permitting and operation standards for offshore desalination facilities.
   • Enhanced stakeholder engagement to include Tribal communities and environmental justice groups, supporting SDG 10: Reduced Inequalities.
   • Streamlined permitting processes to facilitate efficient project approvals while maintaining environmental safeguards.

Water Board’s Public Scoping Meeting and Proposed Amendments

On October 28, 2024, the Water Board convened a public scoping meeting to discuss potential amendments to the Ocean Plan’s seawater desalination provisions. The Ocean Plan enforces statewide standards to protect ocean water quality and marine life, consistent with SDG 14: Life Below Water.

Key Proposed Amendments

• Enhanced Stakeholder Engagement and Interagency Coordination: Future desalination projects may be required to engage more broadly with community stakeholders, including Tribal and environmental justice groups, while permitting processes could be streamlined through concurrent agency reviews.
• Clarification on Subsurface Intake Requirements: Amendments would define clearer criteria for exceptions to the preferred use of subsurface intakes, ensuring marine life protection.
• Protection of Coastal Freshwater Aquifers: New guidance would address the assessment and management of impacts on freshwater aquifers near subsurface intake systems, supporting SDG 6’s emphasis on sustainable water resource management.
• Volumetric Annual Reporting: The Ocean Plan would require desalination facilities to report annual volumes of seawater desalinated, enhancing data transparency and enabling better resource planning aligned with SDG 17: Partnerships for the Goals.
• Timing and Completion of Mitigation Measures: Clarifications would ensure that marine life mortality reports and mitigation efforts are completed before facility operations commence, safeguarding marine ecosystems.

Implications and Next Steps

While most proposed amendments target future desalination projects, some, such as mitigation timeline clarifications, may also affect existing facilities. The Water Board is currently reviewing public comments submitted by November 13, 2024, and anticipates further stakeholder engagement to refine these proposals.

These initiatives demonstrate California’s commitment to balancing the expansion of desalinated water resources with environmental protection and social equity, advancing multiple SDGs including:

• SDG 6: Clean Water and Sanitation
• SDG 13: Climate Action
• SDG 14: Life Below Water
• SDG 10: Reduced Inequalities
• SDG 17: Partnerships for the Goals

By integrating sustainable development principles into water resource planning and regulatory frameworks, California aims to enhance water resilience and environmental stewardship in the face of climate challenges.

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 6: Clean Water and Sanitation
   • The article focuses on California’s efforts to enhance water supply through seawater desalination, directly relating to ensuring availability and sustainable management of water resources.
2. SDG 13: Climate Action
   • The article mentions climate variability and drought as challenges, linking to the need for adaptive strategies to climate change impacts.
3. SDG 14: Life Below Water
   • The article discusses protecting marine life through regulations on desalination intake and mitigation measures, addressing conservation and sustainable use of oceans and marine resources.
4. SDG 16: Peace, Justice and Strong Institutions
   • Emphasis on stakeholder engagement, regulatory clarity, and interagency coordination reflects goals for inclusive decision-making and effective institutions.

2. Specific Targets Under Those SDGs Identified

1. SDG 6 Targets
   • Target 6.4: Substantially increase water-use efficiency across all sectors and ensure sustainable withdrawals to address water scarcity.
   • Target 6.5: Implement integrated water resources management at all levels.
2. SDG 13 Targets
   • Target 13.1: Strengthen resilience and adaptive capacity to climate-related hazards and natural disasters.
3. SDG 14 Targets
   • Target 14.1: Prevent and reduce marine pollution and minimize impacts on marine ecosystems.
   • Target 14.2: Sustainably manage and protect marine and coastal ecosystems.
4. SDG 16 Targets
   • Target 16.6: Develop effective, accountable, and transparent institutions at all levels.
   • Target 16.7: Ensure responsive, inclusive, participatory, and representative decision-making.

3. Indicators Mentioned or Implied to Measure Progress

1. Volume of Desalinated Water Produced
   • The proposed annual volumetric reporting requirement for seawater desalination facilities would provide data to measure progress toward increasing desalinated water supply (linked to SDG 6.4).
2. Marine Life Mortality and Mitigation Reports
   • Reports on marine life mortality and the completion of mitigation measures serve as indicators for assessing environmental impact and protection of marine ecosystems (linked to SDG 14.1 and 14.2).
3. Stakeholder Engagement and Regulatory Efficiency
   • Levels of stakeholder participation and streamlined permitting processes can be monitored to evaluate institutional effectiveness and inclusiveness (linked to SDG 16.6 and 16.7).
4. Feasibility Analyses for Intake Methods
   • Assessment of subsurface intake feasibility and adherence to best available technology standards can be used to measure compliance with environmental protection goals.

4. Table: SDGs, Targets and Indicators

Source: natlawreview.com