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ITEM: |
CONSENT
CALENDAR |
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10. |
CONSIDER APPROVAL OF 2013
ANNUAL MEMORANDUM OF AGREEMENT FOR RELEASES FROM SAN CLEMENTE RESERVOIR AMONG
CALIFORNIA AMERICAN WATER, CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE, AND
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT |
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Meeting
Date: |
June 17, 2013 |
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: N/A |
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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 Wildlife (CDFW), and National Marine Fisheries Service (NMFS) met on May 7, 2013 to negotiate the terms and conditions for the 2013 Memorandum of Agreement (MOA) for releases and diversions from San Clemente Reservoir to the Carmel River. As has been the case annually since 2010, only the minimum low-flow targets for 2013 were agreed to. CDFW 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 5.0 cubic feet per second (cfs) during July through November, and return to estimated natural river flows of 9.7 cfs in December 2013. Given the “critically dry” stream flow conditions that are projected to be similar to 1994 and 2007 for the remainder of the year, Los Padres Reservoir was projected to stop spilling in late May or early June. Cal-Am ceased diversions from most of its wells upstream of the Narrows in late April, 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 2013 MOA is included as Exhibit 10-A.
RECOMMENDATION: Staff recommends that the Board approve the 2013 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 CDFW. 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 2013 drawdown plan, Cal-Am began the initial drawdown on June 10, 2013, and it is still under way. The reservoir water level is being drawn down by approximately 0.5 feet each day.
Based on current reservoir storage and projected “critically dry” inflow conditions for the remainder of Calendar Year 2013, it was agreed by all parties at the May 7, 2013 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 6.4 cfs in June, and 5.0 cfs in July through November, and return to estimated natural river flows of 9.7 cfs in December 2013. The projected monthly inflows, spills, releases, diversions and storage values for the May - December 2013 period are shown on Exhibit A of Exhibit 10-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 10-A also includes actual values for the January - April 2013 period, which are shown in bold type.[1]
To maximize the instream flow benefits from the proposed releases, the 2013 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 10-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 10-A, CDFW 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. CDFW provided draft language in 2010 that Cal-Am rejected, which resulted in the 2010, 2011 and 2012 Low Flow MOA not being signed by CDFW. Cal-Am complied with the Low-Flow MOA targets in 2010 through 2012. 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 CDFW 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 10-A is only signed by the District and Cal-Am, and not CDFW, as was the case in 2010 - 2012, it is expected that Cal-Am will once again comply with the low-flow targets for 2013.
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 2013 period. If
approved, the 2013 MOA is effective June 1, 2013, and extends through December
31, 2013.
IMPACT ON STAFF AND FISCAL RESOURCES: Due to the current “critically dry” inflows that may continue for the remainder of the year, the lower river began drying-up in May and prompted steelhead rescue efforts to begin on April 18, 2013. In this regard, District staff began the startup and operation of the District’s Sleepy Hollow Steelhead Rearing Facility on May 28, 2013.
10-A Draft 2013 Memorandum of Agreement between the State of California Department of Fish and Wildlife, California American Water, and the Monterey Peninsula Water Management District to Release Water into the Carmel River from San Clemente Reservoir
10-B Maintenance
and Water Quality Pumping Schedule, 2013
U:\staff\Boardpacket\2013\20130617\ConsentCal\10\item10.docx