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ITEM: |
CONSENT
CALENDAR |
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2. |
CONSIDER APPROVAL OF 2015
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: |
May 18, 2015 |
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 5, 2015 to negotiate the terms and conditions for the 2015 Memorandum of Agreement (MOA) for releases and diversions from San Clemente Reservoir to the Carmel River. As has been the case annually since 2010, concurrence was provided only on the minimum low-flow targets for 2015. 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 Los Padres Dam (LPD) of 6.4 cubic feet per second (cfs) for June, 6.7 cfs for July, 6.5 cfs for August 1st through 17th, 3.3 cfs for August 18th through 31st, then 3.0 cfs for September and October, relying on the natural recovery of river base flows from above LPD, thereafter. Inflows for May through September were estimated from averages of actual flows in 2013 and 2014, whereas October through December were represented by flows halfway between the medians for a “dry” and “critically dry” Water Year Type.
As was the case last year, it is infeasible to set targets maintaining minimum flows below San Clemente Dam (SCD) at the District’s Sleepy Hollow Weir gaging station, due to the SCD Removal and Reroute Project’s (SCDRRP) effects on river flow. Nevertheless, the aforementioned release targets below LPD are expected to produce minimum flows at the Sleepy Hollow Weir of 4.7 cfs during June through August 17th, followed by a reduction to minimum flows of 1.6 cfs for August 18th through October 31st, potentially increasing slightly with the recovery of some base flow in October, then potentially returning to estimated natural river flows of at least 4.0 cfs in November 2015. The “dry” to potentially “critically dry” streamflow conditions are projected to be among the worst on record for the remainder of the year, and Los Padres Reservoir has almost stopped spilling as of May 8, 2015.
The agency representatives agreed that due to the exceptionally dry nature of this year, the MOA signatories are likely to have to reconvene monthly in July and August to reconfirm whether predicted natural stream flows actually materialize. Cal-Am ceased diversions from most of its wells upstream of the Narrows in mid-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. However, Cal-Am will run its upper valley wells during each of the two stages of the SCDRRP draw down in May, if necessary to attenuate flow into the lagoon, in order to avoid breaching and draining the lagoon this late in the year. No surface water diversions from SCD 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 2015 MOA is included as Exhibit 2-A.
RECOMMENDATION: Staff recommends that the Board approve the 2015 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. Historically, 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 precluded by implementation of the final year of SCDRRP, which is mandated by the California Department of Water Resources’ Division of Safety of Dams (DSOD). A primary requirement of the SCDRRP is the lowering of the water surface elevation in the reservoir to facilitate removal of SCD in 2015. Under prior drawdown plans, Cal-Am would normally have begun the initial drawdown after June 1, 2015. However, it was begun early this year to accelerate the dam removal project, made feasible by the final lagoon closure for the year on March 31, 2015, and low river flows impeding any further adult steelhead immigrants moving upriver. San Clemente Reservoir drawdown began on April 30, 2015, will be conducted in two stages, and is planned to be completed as of June 3, 2015.
Based on current reservoir storage, accelerated draw-downs of both reservoirs for fish passage construction projects, and projected “dry” inflow conditions for the remainder of Calendar Year 2015, which could potentially still degrade into being “critically dry”, it was agreed by all parties at the May 5, 2015 meeting that Cal-Am would:
a) Follow the natural pattern of LPR inflow recession in May, supplemented only by the early SCDRRP draw down of storage, then
b) Maintain a minimum flow of 6.4 cfs for June, 6.7 cfs for July, 6.5 cfs for August 1st through 17th, 3.3 cfs for August 18th through 31st, then 3.0 cfs for September and October, from LPD to the Carmel River (as measured at MPWMD’s Below Los Padres Gage), and
c) Rely on the natural recovery of river base flows from above LPD, thereafter, in order to return to estimated natural river flows of 4.0 cfs or more in November 2015 (as measured at MPWMD’s Sleepy Hollow Weir Gage).
The projected monthly inflows, spills, releases, diversions and storage values for the May - December 2015 period are shown on Attachment A of Exhibit 2-A. The parties will continue to monitor runoff throughout the year and will meet monthly in at least July and August to reconsider whether or not any further modifications are needed, if actual inflow and storage differ from the expectations. Attachment A of Exhibit 2-A also includes actual values for the January - April 2015 period, which are shown in bold type.[1]
To maximize the instream flow benefits from the proposed releases, the 2015 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 2-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 Attachment A of Exhibit 2-A, CDFW and Cal-Am did not discuss or 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 through 2014 Low Flow MOAs not being signed by CDFW. Cal-Am complied with the Low-Flow MOA targets in 2010 through 2014. 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 2-A is only signed by the District and Cal-Am, and not CDFW, as was the case in 2010 - 2014, we expect Cal-Am will once again comply with the low-flow targets for 2015.
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 will likely be proposed in the Quarterly Water Supply Strategy and Budget
for Cal-Am for the July-September 2015 period, on June 9, 2015. If approved, the 2015 MOA becomes effective
June 1, 2015, and extends through December 31, 2015.
IMPACT ON STAFF AND FISCAL RESOURCES: Due to the current “dry” inflows that are likely to continue for the remainder of the year, the lower river is losing surface flow but has not yet begun drying-up after the last significant storm of the year on April 6, 2015. Thus, it is not yet necessary for roving steelhead rescue efforts to begin. However, due to the very low flows impeding both adult and juvenile steelhead passage, staff installed the smolt trap and weir on April 2, 2015. District staff will not be able to operate the District’s Sleepy Hollow Steelhead Rearing Facility (SHSRF) in 2015, since minimum flows foreseeable for the Water Year are predicted to be as low as 1.6 cfs by August 18, 2015, and would be marginal for operations in June through August 18, 2015. The SHSRF cannot be reliably operated at flows below 4.0 cfs, which is what caused it to close earlier than planned in Fall 2013. The SCDRRP also contributes to unpredictable variations in daily stream flow, on top of the natural 0.5+ cfs daily variation, such that inflow available for the SHSRF would drop below operating criteria on a daily basis. This non-operation decision was supported by both CDFW and NMFS.
2-A Draft 2015 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
2-B Maintenance
and Water Quality Pumping Schedule, 2015
U:\staff\Boardpacket\2015\20150518\ConsentClndr\02\Item
2.docx