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ITEM: |
CONSENT
CALENDAR |
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2. |
CONSIDER APPROVAL OF 2016
ANNUAL MEMORANDUM OF AGREEMENT FOR RELEASES FROM LOS PADRES RESERVOIR AMONG CALIFORNIA
AMERICAN WATER, CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE, AND MONTEREY
PENINSULA WATER MANAGEMENT DISTRICT |
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Meeting
Date: |
June 20, 2016 |
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 June 14, 2016 to negotiate the terms and conditions for the 2016 Memorandum of Agreement (MOA) for releases and diversions from Los Padres Reservoir to the Carmel River. As has been the case annually since 2010, concurrence was provided only on the minimum low-flow targets for 2016. 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 8.0 cubic feet per second (cfs) for June, 7.0 cfs for July and August, then 6.5 cfs for September through November, relying on the natural recovery of river base flows from above LPD, thereafter. Inflows to LPD for June through September were estimated from averages of actual flows in 2012 accelerated forward by 24 days in time to better match the current flow recession pattern seen to date in 2016, whereas October and November inflows were the actual numbers seen in 2012, and December flows were represented by the median inflow for a “below normal” Water Year Type. As was the case last year, it is infeasible to set targets maintaining minimum flows at the District’s Sleepy Hollow Weir gaging station, due to the variable an unpredictable effects of riparian diversions and summer temperatures on river flow. Nevertheless, the aforementioned release targets below LPD are expected to potentially produce minimum flows at the Sleepy Hollow Weir of 5.7 cfs during July and August, followed by a reduction to minimum flows of 5.3 cfs for September, and a slight recovery to 5.7 cfs in October, potentially increasing slowly with the recovery of some base flow to 6.3 cfs in November, then potentially returning to estimated natural river flows of at least 11.9 cfs in December 2016. The “dry” streamflow conditions of 2012 are projected to be representative of what can be expected for the remainder of the year, since 2016 is likely to end up being rated at the low end of the range of a ‘normal’ WYT, with flows that will be adversely depressed by the cumulative impacts of the prior four years of drought. Los Padres Reservoir (LPR) is still spilling as of June 14, 2016. The agency representatives agreed that due to the adversely 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 its wells upstream of the Narrows by June 7th, when Carmel River flow at the District’s Don Juan Bridge gaging station in Garland Park dropped below 20 cfs for five consecutive days. These actions conform to State Water Resources Control Board (SWRCB) Order 2002-0002 and the 2001 NMFS Conservation Agreement with Cal-Am. The Draft 2016 MOA is included as Exhibit 2-A.
RECOMMENDATION: Staff recommends that the Board approve the 2016 MOA and direct the General Manager to sign the agreement.
BACKGROUND: Past MOAs determined minimum flow releases to the Carmel River below San Clemente Dam during the low-flow period (i.e., generally May through December), and the District entered annually into an agreement with Cal-Am and CDFW. Historically, the MOA specified the minimum release that must be maintained from San Clemente Reservoir to the Carmel River and the maximum diversion that was allowed from San Clemente Reservoir to Cal-Am’s Carmel Valley Filter Plant (CVFP).
Cal-Am’s ability to divert surface flow at San Clemente Dam or control outflow at that point is precluded forevermore by the implementation of the final year of San Clemente Dam Removal and River Reroute Project completed in 2015. Absent a flow control structure at River Mile 18.61, the MOA must now be managed based on releases from Los Padres Dam at Rive Mile 24.80. Accordingly, the MOA title has been revised to reflect this change in location of managed releases
Based on current reservoir storage and projected “dry” LPR inflow conditions for most of the remainder of Calendar Year 2016, it was agreed by all parties at the June 14, 2016 meeting that Cal-Am would:
a) follow the natural pattern of LPR inflow recession in June down to the minimum flow target of 8.0 cfs, then
b) maintain a minimum flow of 7.0 cfs for July and August, then 6.5 cfs for September through November from LPD to the Carmel River (as measured at MPWMD’s Below Los Padres Reservoir Gage), and
c) rely on the natural recovery of river base flows from above LPR, thereafter, in order to return to estimated natural river flows of 11.9 cfs or more in December 2016 (as measured at MPWMD’s Sleepy Hollow Weir Gage).
The projected monthly inflows, releases, diversions and storage values for the June - December 2016 period are shown on Attachment A of Exhibit 2-A. The parties will continue to monitor runoff throughout the year and will likely confer 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 October 2015 through May 2016 period, which are shown in bold type.[1]
To maximize the instream flow benefits from the proposed releases, the 2016 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 2015 Low Flow MOAs not being signed by CDFW. Cal-Am complied with the Low-Flow MOA targets in 2010 through 2015. 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 - 2015, we expect Cal-Am will once again comply with the low-flow targets for 2016.
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 were proposed in the Quarterly Water Supply Strategy and Budget for Cal-Am
for the July-September 2016 period, on June 14, 2016. If approved, the 2016 MOA becomes effective
June 14, 2016, and extends through December 31, 2016.
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 begun drying-up after the last significant storm of the year on April 23, 2016. Thus, roving steelhead rescue efforts in the tributaries began on May 25, 2016, and main-stem rescues began on June 13, 2016. District staff intend to operate the District’s Sleepy Hollow Steelhead Rearing Facility (SHSRF) in 2016, since minimum flows foreseeable for the Water Year are predicted to be above 5.3 cfs in the remainder of 2016. 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, and not be operated at all in 2014 and 2015.
2-A Draft 2016 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 Los Padres Reservoir
2-B Maintenance
and Water Quality Pumping Schedule, 2016
U:\staff\Boardpacket\2016\20160620\ConsentClndr\02\Item-2.docx