ITEM:		CONSENT CALENDAR
6.	CONSIDER APPROVAL OF 2021 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
Meeting Date:			July 19, 2021	Budgeted:	N/A
From:			David J. Stoldt,	Program/	Aquatic Resources and
			General Manager	Line Item No.:	Hydrologic Monitoring 2
Prepared By:			Thomas Christensen and Jon Lear	Cost Estimate:	N/A
General Counsel Review: N/A
Committee Recommendation: N/A
CEQA Compliance: Consistent with SWRCB WR Order Nos. 95-10, 98-04, 2002-0002, and 2016-0016.
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.

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 April 22, 2021 to negotiate the terms and conditions for the 2021 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 2021.

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 5.0 cubic feet per second (cfs) through September 14, 2021. Then on September 15, 2021, Cal-Am will step down the release to 4.0 cfs and then on January 1, 2022, if the reservoir has not spilled, the release will be stepped up 6.0 cfs. It is anticipated that this release will be held until Los Padres Reservoir fills and spills during the winter season.

Cal-Am ceased diversions from its wells upstream of the Narrows by May 2, 2021 when Carmel River flow at the District’s Don Juan Bridge gaging station in Garland Park had dropped below 20 cfs for the prior 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 2021 MOA is included as Exhibit 6-A.

RECOMMENDATION: Staff recommends that the Board approve the 2021 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 removal of San Clemente Dam 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.

Based on current reservoir storage and the projected inflow conditions for most of the remainder of Calendar Year 2021, it was agreed by all parties at the April 22, 2021 meeting that Cal-Am would:

a) follow the natural pattern of LPR inflow recession in June, then

b) maintain a minimum flow of 5.0 cfs for June through September 14^th and then step down to 4.0 cfs until the reservoir fills and spills. If the reservoir has not filled by January 1, 2022, increase release to 6.0 cfs 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 LPR and the surrounding watershed below Los Padres to sustain higher river flows as the rainy season begins.

The projected monthly inflows are derived from many years of above Los Padres Reservoir streamflow measurements. These inflows are then incorporated into a spreadsheet that uses the continuity equation to track stage, evaporation, and release. The parties will continue to monitor reservoir stage and release throughout the year and may meet either in August or September to reconsider whether or not any further modifications are needed.

To maximize the instream flow benefits from the proposed releases, the 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.

The proposed MOA may be modified by mutual consent of all the parties and will be monitored weekly by representatives of the three parties.

IMPACT ON STAFF AND FISCAL RESOURCES: Due to the current “dry” inflows to Los Padres Reservoir, the lower river is slowly losing surface flow. It is anticipated that the river will continue drying in lower sections during the next couple of months. Roving steelhead rescue efforts in the mainstem began on May 27, 2021. District staff are currently releasing rescued steelhead to the District’s Sleepy Hollow Steelhead Rearing Facility (SHSRF).

EXHIBITS

6-A Draft 2021 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

6-B Maintenance and Water Quality Pumping Schedule

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