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ITEM: |
CONSENT
CALENDAR |
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6. |
CONSIDER APPROVAL OF 2011
ANNUAL MEMORANDUM OF AGREEMENT FOR RELEASES FROM SAN CLEMENTE RESERVOIR AMONG
CALIFORNIA DEPARTMENT OF FISH AND GAME, CALIFORNIA AMERICAN WATER, AND
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT |
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Meeting
Date: |
July 18, 2011 |
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: |
Kevan Urquhart |
Cost
Estimate: |
N/A |
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General Counsel Review: N/A |
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Committee Recommendation: The Administrative Committee reviewed this item on July 11, 2011 and recommended approval. |
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CEQA Compliance: Consistent
with SWRCB WR Order Nos. 95-10, 98-04, 2002-0002, and 2009-0060
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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 (Cal-Am), the California Department of Fish and Game (CDFG), and National Marine Fisheries Service (NMFS) met on January 26 and May 6, 2011 to negotiate the terms and conditions for the 2011 Memorandum of Agreement (MOA) for releases and diversions from San Clemente Reservoir to the Carmel River. Only the minimum low-flow targets for 2011 were agreed to. CDFG and Cal-Am have not yet concurred on additional operational notification language to the existing MOA and are still in negotiation over it. Based on current storage conditions and expected reservoir inflows, it was agreed that Cal-Am will maintain minimum flows in the Carmel River below San Clemente Dam at the District’s Sleepy Hollow Weir gaging station of 19.0 cubic feet per second (cfs) during July, 14.0 cfs during August, 13.5 cfs during September, October, and November, and return to estimated natural river flows of 16.0 cfs in December 2011. Given the “wet to normal” streamflow conditions that are projected for the remainder of the year, Los Padres Reservoir is expected to stop spilling in late July or early August. Cal-Am will cease diversions from most of its wells upstream of the Narrows in the latter portion of July, when Carmel River flow at the District’s Don Juan Bridge gaging station in Garland Park is projected to drop below 20 cfs for five consecutive days. No surface water diversions from San Clemente Reservoir are planned during the MOA period. These actions conform to State Water Resources Control Board (SWRCB) Order 2002-0002 and the 2001 NMFS Conservation Agreement with Cal-Am. The 2011 MOA is included as Exhibit 6-A.
RECOMMENDATION: Staff recommends that the Board approve the 2011 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 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).
In addition to the requirements discussed above, Cal-Am’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 2011 drawdown plan, Cal-Am is required to begin the initial drawdown on or as soon as possible after May 31, 2011, subject to river flow conditions. In 2010, the drawdown began on July 5, with the reservoir water level drawn down by approximately 0.5 feet each day. Current predictions are for the drawdown to start possibly as late as July 19, 2011.
Based on current reservoir storage and projected “wet to normal” inflow conditions for the remainder of Calendar Year 2011, it was agreed by all parties at the May 6, 2011 meeting that Cal-Am 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 19.4 cfs in July, 14.2 cfs in August, 13.9 cfs in September, 13.8 cfs in October, 13.9 cfs in November, and return to estimated natural river flows of 16.1 cfs in December 2011. The projected monthly inflows, spills, releases, diversions and storage values for the July - December 2011 period are shown on Exhibit A of Exhibit 6-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 6-A also includes actual values for the January - June 2011 period, which are shown in bold type.[1]
To maximize the instream flow benefits from the proposed releases, the 2011 MOA also includes a condition that limits the amount of water pumped from Cal-Am's production wells in the Upper Carmel Valley (i.e., above the Narrows) to levels required for maintenance of the wells (Exhibit 6-B). This limitation and schedule also applies to the former Water West wells that are now owned and operated by Cal-Am. Similarly, the MOA includes a provision that Cal-Am will make all reasonable efforts to operate its Lower Carmel Valley production wells beginning with the most downstream well and moving to upstream wells as needed to meet system demand. This provision is consistent with Condition No. 5 of SWRCB Order 95-10.
While all parties agreed to the minimum flow targets shown in Exhibit A of Exhibit 6-A, CDFG and Cal-Am did not agree to additional language requiring faster notification of any operational changes to the Cal-Am system that could result in the need to accelerate or expand fish rescues. CDFG provided draft language in 2010 that Cal-Am rejected, which resulted in the 2010 Low Flow MOA not being signed by CDFG. Cal-Am complied with the Low-Flow MOA targets in 2010. District staff provided alternative draft language at the January 26, 2011 meeting which Cal-Am rejected as overly specific and unworkable. Cal-Am’s current position is that CDFG must demonstrate the legal nexus requiring that such additional language be included in future Low Flow MOAs. Even if the Low Flow MOA shown in Exhibit 6-A is only signed by the District and Cal-Am, and not CDFG, as was the case in 2010, we expect Cal-Am will once again comply with the low-flow targets for 2011.
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 Cal-Am
for the July-September 2011 period. If
approved, the 2011 MOA becomes effective July 19, 2011, and extends through
December 31, 2011.
IMPACT ON STAFF AND FISCAL RESOURCES: Due to the “wet” inflows that may occur during the remainder of the year, staff expects that the lower river will begin drying-up in August 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.
6-A 2011 Memorandum of Agreement between the State of California Department of Fish and Game, California American Water, and the Monterey Peninsula Water Management District to Release Water into the Carmel River from San Clemente Reservoir
6-B Maintenance
and Water Quality Pumping Schedule, 2011
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