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ITEM: |
CONSENT
CALENDAR |
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11. |
CONSIDER APPROVAL OF 2009
ANNUAL MEMORANDUM OF AGREEMENT FOR RELEASES FROM |
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Meeting
Date: |
June 15, 2009 |
Budgeted: |
N/A |
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From: |
Darby Fuerst, |
Program/ |
Aquatic Resources and |
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General Manager |
Line Item No.: |
Hydrologic Monitoring 2 |
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Prepared
By: |
Darby Fuerst |
Cost
Estimate: |
N/A |
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General Counsel Approval: N/A |
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Committee Recommendation: The Administrative Committee reviewed this item on June 8, 2009 and recommended approval. |
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CEQA Compliance: Consistent
with SWRCB WR Order Nos. 95-10, 98-04, 2002-0002
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ESA Compliance: Consistent with the September 2001
Conservation Agreement between the National Marine Fisheries Service and
California American Water to minimize take of listed steelhead in the Carmel
River
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SUMMARY: Representatives from the Monterey Peninsula Water
Management District (MPWMD), California American Water (CAW), the California
Department of Fish and Game (CDFG), and National Marine Fisheries Service
(NMFS) met on May 7 and June 8, 2009 to negotiate the terms and conditions for
the 2009 Memorandum of Agreement (MOA) for releases and diversions from San
Clemente Reservoir to the Carmel River.
Based on current storage conditions and expected reservoir inflows, it
was agreed that CAW will maintain minimum flows in the Carmel River below San
Clemente Dam at the District’s Sleepy Hollow Weir gaging station of 22.0 cubic
feet per second (cfs) in June, 10.0 cfs during July, 8.0 cfs during August, 6.0
cfs during September and October, and 5.0 cfs from November through December
2009. Given the below normal to normal
streamflow conditions that are projected for the remainder of the year, Los
Padres Reservoir is expected to stop spilling in late June or early July. CAW will cease diversions from most of its
wells upstream of the Narrows in the latter portion of June, when
RECOMMENDATION: Staff recommends that the Board approve the 2009 MOA and direct the General Manager to sign the agreement.
BACKGROUND: To determine
minimum flow releases to the Carmel River below San Clemente Dam during the
low-flow period (i.e., generally May through December), the District annually enters
into an agreement with CAW and CDFG. In
general, the MOA specifies the minimum release that must be maintained from San
Clemente Reservoir to the
In addition to the requirements discussed above, CAW’s ability to divert surface flow at San Clemente Dam is also constrained by implementation of the San Clemente Dam Drawdown Project (SCDDP), which is mandated by the California Department of Water Resources’ Division of Safety of Dams (DSOD). A primary requirement of the SCDDP is the lowering of the water surface elevation in the reservoir to reduce the risk of flooding during a seismic failure of the dam. Under the 2009 drawdown plan, CAW is required to begin the initial drawdown on or as soon as possible after May 31, 2009, subject to river flow conditions. In 2009, the drawdown began on June 1, with the reservoir water level drawn down by approximately 0.5 feet each day.
Based on current reservoir storage and projected “below normal to normal” inflow conditions for the remainder of Calendar Year 2009, it was agreed by all parties at the May 7 and June 8, 2009 meetings that CAW would meet or exceed the following minimum flow releases from San Clemente Reservoir to the Carmel River (as measured at the Sleepy Hollow Weir) of 22.0 cfs in June, 10.0 cfs in July, 8.0 cfs in August, 6.0 cfs in September and October, and 5.0 cfs from November through December 2009. The projected monthly inflows, spills, releases, diversions and storage values for the June - December 2009 period are shown on Exhibit A of Exhibit 11-A. The parties will continue to monitor runoff throughout the year and will meet to reconsider whether or not any further modifications are needed, if actual inflow and storage differ from the expectations. Exhibit A of Exhibit 11-A also includes actual values for the January - April 2009 period, which are shown in bold type.[1]
To maximize the instream flow
benefits from the proposed releases, the 2009 MOA also includes a condition
that limits the amount of water pumped from CAW's production wells in the Upper
Carmel Valley (i.e., above the Narrows) to levels required for maintenance of
the wells (Exhibit
11-B). This limitation and
schedule also applies to the former Water West wells that are now owned and
operated by CAW. Similarly, the MOA
includes a provision that CAW will make all reasonable efforts to operate its
Lastly, to ensure maximum benefit
to the
In the event that CAW has not exceeded their annual production limit
from both the Coastal Subareas of the Seaside Groundwater Basin and the Carmel
River sources, CAW shall make every reasonable effort to withdraw water from
the Seaside Basin before pumping water out of the Carmel River in order to
preserve flows and instream habitat for listed species, consistent with the
Quarterly Budget amounts.
The
proposed MOA may be modified by mutual consent of all the parties and will be
monitored weekly by representatives of the three parties. It should be noted that the releases and
operations specified in the MOA are consistent with the releases and diversions
that are proposed in the Quarterly Water Supply Strategy and Budget for CAW for
the July-September 2009 period. If
approved, the 2009 MOA becomes effective June 1, 2009, and extends through
December 31, 2009.
IMPACT ON STAFF AND FISCAL RESOURCES: Due to the “below normal to normal” inflows that may occur during the remainder of the year, staff expects that the lower river will begin drying-up in June and prompt steelhead rescue efforts. In this regard, District staff has begun the startup and operation of the District’s Sleepy Hollow Steelhead Rearing Facility (Facility).
11-A 2009 Memorandum of Agreement between
11-B Maintenance
and Water Quality Pumping Schedule, 2009
U:\staff\word\boardpacket\2009\20090615\ConsentCal\11\item11.doc