[env-trinity] Press Release: C-WIN: Claims of Delta Tunnel Progress Contradicted by Reality

[Tom Stokely]

April 27, 2026
FOR IMMEDIATE RELEASE
C-WIN: Claims of Delta Tunnel Progress Contradicted by RealityThe Courts, Project Costs, and Political Realities Are Combining to Sink the DCP
In recent testimony before the State Water Board, the General Manager of the Zone 7 Water Agency—which serves the Silicon Valley suburbs of Dublin, San Ramon, and Livermore—stated that her agency is continuing to pursue the Delta Conveyance Project (DCP) because it is “moving forward” through the regulatory process.
Her assessment, however, is incomplete and unsubstantiated. The reality is that the DCP is unraveling quickly due to legal and cost issues, a failure that should alarm the water agencies that have bought into the extravagant promises and false advertising.
The courts, certainly, have seen through the hype. On April 15, 2026, the California Supreme Court denied the Department of Water Resource’s (DWR) petition to appeal a lower court ruling that found that DWR lacks legal authority to issue bonds for the $60-$100 billion DCP. [1]
While DWR has a separate bond validation claim still active in court, the State Supreme Court’s action makes it much less likely that DWR will prevail on its subsequent claim. Lacking legal authority to issue bonds leaves DWR with the sole option of seeking new legislation, which could only be done this year through the budget process. Anticipating legal challenges from advocates, the Newsom administration attempted to fast-track legislation to remove DCP environmental review through the budget process last year and failed. This year, as a lame duck, the Governor will wield even less influence over the legislature in budget negotiations.
“The decision to decline review was a huge blow to the DCP,” observed Max Gomberg, the Senior Policy Advisor to the California Water Impact Network. “The Newsom administration has been characterizing the Delta Tunnel as inevitable, even while losing in court.”
The Delta Tunnel is also imperiled because DWR lacks the water rights needed to operate the project, Gomberg said.
DWR’s current water rights for additional Delta diversions expired in 2009, Gomberg observed. In January 2025, DWR filed a petition to extend those rights, which is now pending before the State Water Board.
“There is also a court case pending on whether DWR can use the expired water rights,” Gomberg said, “but the state water contractors who would receive the DCP water are pushing a bill, AB 2215, that would extend DWR’s water rights until 2046 via legislative fiat. That legislation is fiercely opposed by tribes, environmentalists, community activists, and the fishing industry. And even if it passes, DWR will still face the hurdle of obtaining bond issuance authority.”
Running parallel to these legal and legislative challenges are the issues of cost and time. The DCP’s tremendous cost and its impacts on a growing water affordability crisis are sowing doubts that  Southern California water agencies—which would receive nearly 2/3 of DCP water—will remain willing to finance  it. These agencies, including those in Los Angeles and San Diego, recently released draft updated Urban Water Management Plans showing that they do not need additional Delta water to meet reliability targets, especially as they advance local and regional supplies, such as recycled water. Their leaders understand that asking ratepayers to finance both local projects and the DCP would create crushing debt.
“Aside from the legal and regulatory hurdles, the ruinous cost is likely to sink the DCP,” Gomberg said. “And finally, there is the timing issue. There will be a new Governor in January, and if he or she does not support the DCP, the project will be on life support.”
[1] https://mavensnotebook.com/2026/04/20/press-release-california-supreme-court-denies-review-of-major-appellate-decision-rejecting-dwrs-attempt-to-validate-bond-financing-for-delta-tunnel-project/, accessed April 23, 2026.
CONTACT
Max Gomberg(415) 310-7013maxgombergca at gmail.com
Christina SpeedC-WIN Communications Directorinfo.cwin at gmail.comwww.c-win.org
The California Water Impact Network is a state-wide organization that advocates for the equitable and sustainable use of California’s freshwater resources for all Californians..
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.dcn.org/pipermail/env-trinity/attachments/20260427/62b480d2/attachment.html>