ITEM:

CONSENT CALENDAR

 

7.

CONSIDER APPROVAL OF 2023 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:

August 21, 2023

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:  The Finance and Administration Committee reviewed this item on August 14, 2023 and recommended approval.

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 August 3, 2023 to negotiate the terms and conditions for the 2023 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 2023.

 

Based on current storage conditions and expected reservoir inflows, it was agreed that Cal-Am shall make water releases into the Carmel River channel below Los Padres Reservoir beginning August 3, 2023 as follows:  Cal-Am shall maintain 11.0 cubic foot/second (cfs) for the remainder of the low flow season below Los Padres Reservoir, as measured at the District’s Below Los Padres Gage. Winter rains will facilitate the natural recovery of river and fill Los Padres Reservoir during the winter months.

 

Cal-Am ceased diversions from its wells upstream of the Narrows by July 24, 2023 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 2023 MOA is included as Exhibit 7-A.

 

RECOMMENDATION:  The Finance and Administration Committee recommends that the Board approve the 2023 MOA and direct the General Manager to sign the agreement after approval at the Board meeting. 

 

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 2023, it was agreed by all parties at the August 3, 2023 meeting that Cal-Am would:

 

a)      follow the natural pattern of LPR inflow recession until 11 cfs was being released and then

 

b)      maintain a minimum flow of 11.0 cfs for the low flow season 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 to fill Los Padres Reservoir.

 

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 to make minor adjustment depending on real-time data.

 

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 7-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 “extremely wet” inflows to Los Padres Reservoir, the lower river has sustained surface flow to the lagoon. It is anticipated that the river will continue to flow to the lagoon during the dry season because of last year’s high rainfall.

 

EXHIBITS

7-A      Draft 2023 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

7-B      Maintenance and Water Quality Pumping Schedule

 

 

 

 

U:\staff\Boardpacket\2023\20230821\Consent Calendar\07\Item-7.docx