5. CONSIDERE APPROVAL OF ANNUAL MEMORANDUM OF AGREEMENT FOR RELEASES AND DIVERSIONS FROM SAN CLEMENTE RESERVOIR
Meeting
Date: July 21, 2003 Budgeted: N/A
General
Counsel: N/A
Committee
Recommendation: N/A
CEQA
Compliance: N/A
State Agency Review: The California Department of Fish and Game (CDFG), the District and California-American Water Company (Cal-Am) have resolved the terms and conditions regarding pumping in upper Carmel Valley, which originally were not consistent with SWRCB WR Order Nos. 95-10 and 98-04.
ESA Compliance: Proposed 2003 MOA is consistent with Conservation Agreement between the National Marine Fisheries Service and California-American Water Company.
SUMMARY: Representatives
from the District, California-American Water Company (Cal-Am), the California
Department of Fish and Game (CDFG) office in Monterey, and the NOAA Fisheries
office in Santa Rosa met on April 30, 2003, to negotiate the terms and
conditions for the 2003 Memorandum of Agreement (MOA). The group agreed with most of the terms and
conditions proposed by Cal-Am, but CDFG and District representatives believed that
the provision allowing Cal-Am to pump upper Carmel Valley wells, without first
maximizing production from the lower Carmel Valley was inconsistent with
Condition No. 5 of SWRCB Order Nos. 95-10 and 98-04. Negotiations on resolution
of this issue continued during May and June.
In the meantime, Cal-Am produced water from its upper valley wells,
until July 8, 2003, after streamflow had declined below 20 cubic feet per
second at the Don Juan Bridge in Garland Park.
This operation met the conditions in the Conservation Agreement between
Cal-Am and NOAA Fisheries, which allows operation of upper valley wells until
streamflow declines below 20 cfs for five days at the Don Juan Bridge in
Garland Park. Following a series of
negotiations, the terms of the proposed 2003 MOA were modified to conform to
SWRCB Order Nos. 95-10 and 98-04. The
2003 MOA is included as Exhibit 5-A.
RECOMMENDATION: District staff recommends that the Board
review the terms and conditions and approve the 2003 MOA.
BACKGROUND:
To specify minimum instream flow standards for the Carmel River below
San Clemente Dam during the low-flow period (i.e., May through December), the
District annually enters into an agreement with Cal-Am and CDFG. In general, the MOA specifies the minimum
release that must be maintained from San Clemente Reservoir to the Carmel River
and the maximum diversion that is allowed from San Clemente Reservoir to
Cal-Am's Carmel Valley Filter Plant (CVFP).
Since 1993, the regulation of Cal-Am’s Carmel Valley well production has
been included in the MOA. This change is
consistent with testimony and recommendations from District and CDFG experts at
the SWRCB hearings in 1992 and 1994, and Condition 5 of the SWRCB Order 95-10,
as modified by Condition No. 3 of Order WR 98-04. As amended, Condition No. 5
reads:
“To the maximum extent feasible without inducing seawater intrusion or unreasonably affecting the operation of other wells, Cal-Am shall satisfy the water demands of its customers by extracting water from its most downstream wells.”
Historically,
the terms and conditions placed on Cal-Am production for the annual MOA have
included a maintenance pumping schedule and constraints on upper valley well
production. The goal of this regulation
is to limit the impact of Cal-Am production on aquatic habitats in the upper
valley and to maximize the length and extent of viable instream habitats for
juvenile steelhead and other aquatic species.
For
the 2002 MOA Cal-Am had included the following footnote[1] for maintenance pumping schedule for
their wells in the upper Carmel Valley:
*During
normal operating flow periods (> 20 cfs for 5 consecutive days at the
San[sic] Juan gauging station), the Company may pump any of the above
wells. During low flows (< 20 cfs for
5 consecutive days at the San[sic] Juan gauging station) or non-usage, the
above schedule will be utilized.
A key issue
for consideration is how Cal-Am will divert water from the alluvial reaches of
the Carmel Valley during the fall and winter period. With the proposed footnote, Cal-Am could
shift production to the upper valley, whenever flow exceeded 20 cfs for 5
consecutive days, even in situations where no flow was extant in the lower
river. District and CDFG staffs believe
this potential shift has direct impacts on juvenile steelhead habitats by
reducing available living space and limiting food production. It is counter to
the goal of minimizing and mitigating the effects of existing diversions.
As
an alternative, District staff recommended the following language to substitute
for the original footnote:
“During “high flow” periods (> 80 cfs at the Don Juan gaging station), the Company may pump any of the above wells. During “medium flow” periods (20 cfs < Q < 80 cfs) at the Don Juan gaging station), the Company may pump the above wells, provided that water demand is first satisfied to the maximum extent feasible by extracting water from the wells downstream in AQ3 and AQ4. During the “low flow” period (< 20 cfs for 5 consecutive days at the Don Juan gauging station), the above maintenance schedule will be utilized.”
This
modification, while meeting the requirements of CDFG, was rejected by Cal-Am as
too restrictive. Following a series of
phone conversations and emails, and CDFG’s insistence that the proposed MOA
meet all terms and conditions of SWRCB Order No. 95-10, Cal-Am agreed to modify
the original footnote as follows:
"During low flows (<20 cfs for
5 consecutive days at the San Juan gauging station) or non-usage, the above
schedule will be utilized.”
This modification meets the intent of Condition 5, which is
to maximize aquatic habitat above the Narrows and minimize the negative effects
of Cal-Am’s diversions.
U:\Dave\moa\2003\20030721item6.doc
[1] Original Footnote from California-American Water Company,
Maintenance and Water Quality Pumping Schedule 2003