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ITEM: |
CONSENT
CALENDAR |
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8. |
CONSIDER APPROVAL OF 2012
ANNUAL MEMORANDUM OF AGREEMENT FOR RELEASES FROM SAN CLEMENTE RESERVOIR AMONG
CALIFORNIA AMERICAN WATER, CALIFORNIA DEPARTMENT OF FISH AND GAME, AND
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT |
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Meeting
Date: |
July 16, 2012 |
Budgeted: |
N/A |
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From: |
David J. Stoldt, |
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 9, 2012 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 or District), California American Water (Cal-Am), the California Department of Fish and Game (CDFG), and National Marine Fisheries Service (NMFS) met on June 7, 2012 to negotiate the terms and conditions for the 2012 Memorandum of Agreement (MOA) for releases and diversions from San Clemente Reservoir to the Carmel River. Only the minimum low-flow targets for 2012 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. This has been the situation for the past 3 years where disagreement over language persiste, but the minimum flow requirements were adhered to.
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 7.0 cubic feet per second (cfs) during July through November, and return to estimated natural river flows of 10.3 cfs in December 2012. Given the “dry” stream flow conditions that are projected to be similar to 1991 for the remainder of the year, Los Padres Reservoir is expected to stop spilling in July. Cal-Am ceased diversions from most of its wells upstream of the Narrows in early June, when Carmel River flow at the District’s Don Juan Bridge gaging station in Garland Park dropped 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 Draft 2012 MOA is included as Exhibit 8-A.
RECOMMENDATION: Staff recommends that the Board approve the 2012 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 2012 drawdown plan, Cal-Am began the initial drawdown on June 23, 2012, and it is still under way. In 2011, the drawdown began on July 5, with the reservoir water level drawn down by approximately 0.5 feet each day.
Based on current reservoir storage and projected “dry” inflow conditions for the remainder of Calendar Year 2012, it was agreed by all parties at the June 7, 2012 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 9.7 cfs in June, and 7.0 cfs in July through November, and return to estimated natural river flows of 10.3 cfs in December 2012. The projected monthly inflows, spills, releases, diversions and storage values for the July - December 2012 period are shown on Exhibit A of Exhibit 8-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 8-A also includes actual values for the January - June 2012 period, which are shown in bold type.[1]
To maximize the instream flow benefits from the proposed releases, the 2012 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 8-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 8-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 and 2011 Low Flow MOA not being signed by CDFG. Cal-Am complied with the Low-Flow MOA targets in both 2010 and 2011. District staff provided alternative draft language at a 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 8-A is only signed by the District and Cal-Am, and not CDFG, as was the case in 2010 and 2011, we expect Cal-Am will once again comply with the low-flow targets for 2012.
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 2012 period. If
approved, the 2012 MOA becomes effective July 1, 2012, and extends through
December 31, 2012.
IMPACT ON STAFF AND FISCAL RESOURCES: Due to the current “dry” inflows that may continue for the remainder of the year, the lower river began drying-up in June and prompted steelhead rescue efforts to begin on June 11, 2012. In this regard, District staff has begun the startup and operation of the District’s Sleepy Hollow Steelhead Rearing Facility.
8-A Draft 2012 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
8-B Maintenance
and Water Quality Pumping Schedule, 2012
U:\staff\Boardpacket\2012\20120716\ConsentCal\08\item8.docx