Sacramento Valley Wtr Mgmt Projects

Sacramento Valley Wtr Mgmt Projects

March 8, 2002

STATE WATER RESOURCES CONTROL BOARD

BOARD MEETING SESSION – DIVISION OF WATER RIGHTS

MARCH 21, 2002

ITEM 31

SUBJECT:

CONSIDERATION OF A RESOLUTION FINDING THAT THE PROPOSED SACRAMENTO VALLEY WATER MANAGEMENT PROJECTS ARE CONSISTENT WITH THE 1995 BAY-DELTA WATER QUALITY CONTROL PLAN AND THE SAFE, CLEAN, RELIABLE, WATER SUPPLY ACT (WATER CODE SECTION 78681 ET SEQ.)

DISCUSSION:

In November 1996, the voters approved Proposition 204, the Safe, Clean Reliable, Water Supply Act (Act). The Act provides funds for the “Sacramento Valley Water Management and Habitat Protection Measures Program” (Sacramento Valley Water Program). The Act requires that the State Water Resources Control Board (SWRCB) find that projects funded under Sacramento Valley Water Program are consistent with the 1995 Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (1995 Bay-Delta Plan).

In April 2001, the SWRCB stayed Phase 8 of the Bay-Delta Water Rights Hearing so that parties could negotiate their relative responsibilities to meet water quality objectives in the 1995 Bay-Delta Plan. The parties entered into the Sacramento Valley Water Management Agreement (Agreement) in an effort to resolve outstanding Phase 8 issues. The SWRCB adopted a resolution on April 3, 2001, finding that certain planning activities to implement the Agreement were consistent with the Act and would assist in implementing the 1995 Bay-Delta Plan.

The California Department of Water Resources (DWR) administers the Sacramento Valley Water Program and has requested a determination from the SWRCB that three additional projects are consistent with the 1995 Bay-Delta Plan and with the Act. After the SWRCB finds that the projects are consistent with the 1995 Bay-Delta Plan and with the Act, DWR will enter into contracts to fund the projects.

The projects are:

  1. Preparation of environmental documentation for short-term projects identified in the Agreement and additional funding for the long-term workplan required by the Agreement.
  1. Preparation of environmental documentation by the South Sutter Water District (SSWD) and construction of facilities to improve and expand the SSWD’s conjunctive-use program. The program will provide additional water supply reliability for SSWD, thereby helping it to meet its responsibilities under SWRCB Order WR 2000-10, which approves water right changes and helps implement the 1995 Bay-Delta Plan. Order WR 2000-10 is consistent with an agreement among DWR, SSWD, and the Camp Far West Irrigation District.
  1. Fishery studies in the Lower Yuba River to be conducted by the Yuba County Water Agency in cooperation with fishery agencies. The studies are needed to support coordinated operations between New Bullards Bar Reservoir and Oroville Reservoir and will help determine the flows that should be provided from the Yuba River to help implement the 1995 Bay-Delta Plan.

POLICY ISSUE:

Should the SWRCB adopt a resolution finding that: (1) the projects described above will assist in the implementation of the 1995 Bay-Delta Plan, and (2) the projects described above are consistent with the requirements of the Safe, Clean, Reliable, Water Supply Act? (Water Code, ch. 6, art. 5, § 78681 et seq.)

FISCAL IMPACT:

None.

RWQCB IMPACT:

None.

STAFF RECOMMENDATION:

The SWRCB should adopt the resolution finding that the projects described above are consistent with the 1995 Bay-Delta Plan and the Safe, Clean Reliable, Water Supply Act. (Water Code, ch. 6, art. 5, §78681 et seq.)

DRAFT 3/8/02

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 2002-xxx

FINDINGS THAT THE PROPOSED SACRAMENTO VALLEY WATER MANAGEMENT PROJECTS ARE CONSISTENT WITH THE 1995 BAY-DELTA WATER QUALITY CONTROL PLAN AND THE SAFE, CLEAN, RELIABLE, WATER SUPPLY ACT (WATER CODE SECTION 78681 ET SEQ.)

WHEREAS:

  1. The State Water Resources Control Board (SWRCB) adopted the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (1995 Bay-Delta Plan) under Resolution No. 95-24 on May 22, 1995.
  1. In November 1996, the voters approved the Safe, Clean, Reliable, Water Supply Act (Act) which included provisions to provide funding for projects under the “Sacramento Valley Water Management and Habitat Protection Measures Program” (Sacramento Valley Water Program). (Wat. Code, ch. 6, art. 5, § 78681 et seq.)
  1. On December 29, 1999, the SWRCB adopted Decision 1641, and on March 15, 2000, the SWRCB adopted Order WR 2002-02, which revised Decision 1641. On July 20, 2000, the SWRCB adopted Order WR 2000-10. In Order WR 2000-10 and revised Decision 1641, the SWRCB implemented the flow-dependent objectives in the 1995 Bay-Delta Plan, although certain objectives were implemented for a limited time period. On April 26, 2001, the SWRCB adopted Order WR 2001-05, staying and dismissing Phase 8 of the Bay-Delta Water Rights Hearing and amending revised Decision 1641. Phase 8 of the Bay-Delta Water Rights Hearing was convened for the purpose of allocating among the parties any remaining responsibilities for the flow-dependent objectives in the 1995 Bay-Delta Plan. Some of the Phase 8 parties have executed an “Agreement Regarding Resolution of Phase 8 Issues, Development and Management of Water Supplies, and a Binding Commitment to Proceed Pursuant to Specified Terms” (Phase 8 Agreement), dated April 3, 2001. The agreement puts in place, among its parties, a framework for further negotiations and for planning, and identifies some potential projects. Order WR 2001-05 is not based on that agreement, but is based on a commitment by the California Department of Water Resources (DWR) and the U.S. Bureau of Reclamation (USBR) to meet the flow-dependent objectives for an indefinite interim period until the DWR or the USBR requests a hearing on the Phase 8 issues.
  1. The DWR is the designated State agency responsible for administration of the Sacramento Valley Water Program under the Act. (Wat. Code, § 78681.4.)
  1. The SWRCB is charged with providing adequate public review for projects proposed for funding under the Act and determining that each proposed project will assist in the implementation of the 1995 Bay-Delta Plan, prior to any award of funding. (Wat. Code, §78681.8.) On February 27, 2002, the DWR requested that the SWRCB review three proposed projects. The projects are known as: (1) Sacramento Valley Water Management Agreement Planning and Environmental Work, (2) South Sutter Water District (SSWD) Conjunctive Use Improvements and (3) Yuba County Water Agency Project.

The DWR requested that the SWRCB determine whether the proposed projects are consistent with the requirements of the Act, chapter 6, article 5. The proposed projects are not obligations of the federal Central Valley Project or the State Water Project. (Wat. Code, §78681.9.)

  1. The first proposed project listed above involves preparation of environmental documents and a planning investigation to implement potential water supply projects and project performance monitoring. The DWR and the USBR intend that these activities will further the goals of the Phase 8 Agreement. The environmental documents will be prepared pursuant to the California Environmental Quality Act and the National Environmental Policy Act. The environmental documents will analyze projects that can be implemented in the near future to provide near-term improvements in to water supply and water quality conditions, and thereby help meet the objectives in the 1995 Bay-Delta Plan. These proposed projects are identified in the October 2001 workplan for short-term projects submitted to the SWRCB by the parties to the Phase 8 Agreement.
  1. The project proposed by the SSWD to prepare environmental documentation and to construct some facilities to improve and expand its conjunctive-use program is intended to provide additional water supply reliability for SSWD. The project will help implement the responsibilities of the DWR, SSWD, and Camp Far West Irrigation District (CFWID) under Order WR 2000-10. The SWRCB adopted Order WR 2000-10 to approve water right changes in the water rights of the SSWD and the DWR pursuant to an agreement to settle the responsibilities of water right holders in the Bear River watershed in connection with Phase 8 of the Bay-Delta Water Rights Hearing. Order WR 2000-10, which is consistent with the agreement, is part of the implementation of the 1995 Bay-Delta Plan. Therefore, this project will assist in the implementation of the 1995 Bay-Delta Plan.
  1. The third project, proposed by the Yuba County Water Agency, is to conduct fishery studies in the Lower Yuba River to facilitate coordinated operations between New Bullards Bar Reservoir and Oroville Reservoir. These studies will help determine the flows that should be provided from the Yuba River to help implement the 1995 Bay-Delta Plan.
  1. The SWRCB notified a list of interested parties that it would consider this matter at its March21, 2002, Board Meeting. (Wat. Code section 78681.8.)
  1. The proposals will assist in the implementation of the 1995 Bay-Delta Plan by making available additional water supplies than can be used for implementation of the 1995 Bay-Delta Plan or to replace water that is used for implementation of the Bay-Delta Plan. The proposals facilitate the efforts by the parties to resolve their responsibilities to meet the objectives in the 1995 Bay-Delta Plan through negotiation, to the extent feasible.

THEREFORE BE IT RESOLVED THAT:

  1. The SWRCB finds that the project titled “Sacramento Valley Water Management Agreement Planning and Environmental Work” will assist in the implementation of the 1995 Bay-Delta Plan.
  1. Further, the SWRCB finds that the Sacramento Valley Water Management Agreement Planning and Environmental Work project is consistent with the requirements of the Safe, Clean, Reliable, Water Supply Act. (Wat. Code, ch. 6, art. 5, § 78681 et seq.)
  1. Further, the SWRCB finds that the project titled “South Sutter Water District Conjunctive Use Improvements” will assist in the implementation of the 1995 Bay-Delta Plan.
  1. Further, the SWRCB finds that the SSWD project is consistent with the requirements of the Safe, Clean, Reliable, Water Supply Act. (Wat. Code, ch. 6, art. 5, § 78681 et seq.)
  1. Further, the SWRCB finds that the “Yuba County Water Agency” project is consistent with the 1995 Bay-Delta Plan.
  1. Further, the SWRCB finds that the Yuba County Water Agency project is consistent with the requirements of the Safe, Clean, Reliable, Water Supply Act. (Wat. Code, ch. 6, art. 5, § 78681 et seq.)

CERTIFICATION

The undersigned Clerk to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly adopted at a meeting of the State Water Resources Control Board held on March 21, 2002.

______

Maureen Marché

Clerk to the Board

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