Sacramento, CA – The Delta Counties Coalition (DCC) announced that a major legal victory is now final after the California Supreme Court denied review of an appellate court decision rejecting the State’s attempt to finance the proposed Delta Tunnel project.
The Court also declined to depublish the ruling, meaning it will stand as binding legal precedent going forward. This decision ends the State Department of Water Resources’ (DWR) 2020 effort to validate billions of dollars in bonds for the project without clear legal authority. Courts at every level have thus far found that DWR exceeded its authority. “
This is a clear and final win for the rule of law,” said Supervisor Pat Hume, Chair of the Delta Counties Coalition. “The State cannot sidestep legal safeguards to push forward a project of this size and cost. This decision reinforces that accountability and transparency still matter.”
The Supreme Court’s decision not to disturb the prior opinion protects ratepayers and taxpayers from being forced to pay for a project without proper legislative authorization. It also raises new questions about how the project could move forward without a lawful funding plan.
Leaders from across the Delta Counties Coalition emphasized the importance of the decision for their communities:
Contra Costa County: “This ruling will help protect the water quality our residents depend on every day,” said Contra Costa County Supervisor Shanelle Scales-Preston. “Decisions that affect millions of people can’t be rushed or hidden—they must be made legally and transparently.
San Joaquin County: “The courts sent a strong message: no one is above the law or gets to rewrite the rules,” said San Joaquin County Supervisor Steve Ding. “If the State wants to move forward, it must follow the same laws and standards as everyone else.”
Solano County: “This decision protects taxpayers from being locked into billions of dollars in costs without legitimate approval,” said Solano County Supervisor Mitch Mashburn. “That’s a safeguard every Californian should expect.”
Yolo County: “The Delta cannot continue to absorb more risk from projects that bypass scrutiny and accountability,” said Yolo County Supervisor Oscar Villegas. “This ruling is an important victory for the Delta, our environment, and the communities who depend on it—and it reinforces that the law must be followed and respected.”
The proposed Delta Tunnel Conveyance Project would be one of the largest and most expensive infrastructure projects in California history. However, it still lacks a clear, lawful funding plan. The courts’ decisions make clear that the State cannot move forward using unauthorized financing, raising serious doubts about the project’s viability. Without a legal path to pay for it, Californians are left to question whether this project should move forward at all.
The Delta Counties Coalition urges the State to focus on water solutions that are legally sound, fiscally responsible, and truly beneficial to California’s long-term water future.
Links:
- California Supreme Court Order Denying Review and Depublication-S295147 Appellate Court Opinion: Department of Water Resources v. Metropolitan Water District of So. Calif., et al. (2025) 117 Cal.App.5th 751
- Delta Counties Coalition Webpage
