Department of Water Resources
A daily compilation of significant news articles and comment
February 6, 2008
5. Agencies, Programs, People
IMPERIAL IRRIGATION DISTRICT WATER TRANSFERS:
Judge: Water transfers to continue -
Increased water allocation may mean more money for county - Chico Enterprise Record
REGULATION:
McCain faces fine for Willow Creek dam failures - Lassen County News
Thermal curtain still on the table for Lake Almanor - Plumas County News
BIKE TRAIL ALONG AQUEDUCT:
Plans to extend bike path in limbo - Backersfield Californian
IMPERIAL IRRIGATION DISTRICT WATER TRANSFERS:
Judge: Water transfers to continue
By Brianna Lusk, staff writer
Water transfers will continue, although the agreement that started them is still being litigated, a judge ruled last week.
Opponents to the 2003 Quantification Settlement Agreement had asked the transfers be stopped because they would cause irreparable harm to the Valley.
The 75-year water pact that was meant to prevent future water wars along the
Legal battles have ensued when the district attempted to have the QSA validated by the state.
In court documents the so-called Protect Our Water and Environmental Rights and the Imperial Group allege the water transfers are causing harm, and “the farming community will suffer significant economic loss that will then be visited on the rest of the
A Sacramento Superior Court judge ruled the harm, if any, may have already been done.
“Whatever harm might arise as a consequence of allowing the project to be initiated, and effected for a period of over four years, has already occurred,” Judge Roland L. Candee writes.
Jim Abatti, a member of POWER, said he is more concerned about getting the case heard on its merits.
“(The injunction) is something we thought we could get through. We hope there would be no more snags,” Abatti said.
IID Director Mike Abatti, once a member of POWER, withdrew himself from the QSA lawsuits last year.
IID General Counsel Jeff Garber said the denial of the injunctions allows the district to continue the water transfers without interruption.
Garber said the judge’s ruling also indicates the judge has issues with the strength of the claims made by the lawsuits.
“Some comments suggest the judge doesn’t think they have valid claims,” Garber said.
Time continues to be an issue brought up in various rulings made by Candee, as the denial of the injunctions is the second ruling to criticize the complainants for not bringing the issues forward earlier.
“It seems that they would and should have brought it at the first opportunity,” Candee writes. “… The court does not find that there was anything improper in the delay on this issue ...”
The lawsuits against the QSA, known as the consolidated QSA cases, were unable to move forward for two years because of a lawsuit brought forward by
That case, which alleged air-quality issues and impacts on the
Cases are now moving forward after a two-year delay.
Garber said he believes the cases could be heard in the next six to eight months, but it is impossible to say how long it will take for them to be resolved.
Jim Abatti said POWER is focused on getting its day in court to argue against IID’s actions.
“Things didn’t go our way but once we get to court I think people will see what we’ve been saying all along is the truth,” Jim Abatti said. #
http://www.ivpressonline.com/articles/2008/02/06/local_news/news05.txt
Increased water allocation may mean more money for county
An increased allocation of water to State Water Project contractors means
The Department of Water Resources Monday increased the allocation from 25 percent to 35 percent of long-term rights.
The county has closed a deal to sell its portion of its water to the Palmdale Water District northeast of
The county has rights to 27,500 acre-feet of water, but only 2,500 acre-feet is used here.
In the past the county has received a waiver on paying for the unused water. But this year the county is being required to pay $765,172. However, the state is also allowing the county to sell the water outside the county for the first time.
The deal worked out with Palmdale Irrigation District varies depending on how much water
The final allocation of water is due to be released mid-February, but a final decision may be delayed until March or April.
Last year, a federal court curtailed Sacramento-San Joaquin Delta pumping by state and federal water projects to protect the threatened Delta smelt. The Department of Water Resources estimates that the 35 percent allocation would be 50 percent without the court decisions in place.
The 29 long-term State Water Project contractors distribute water to more than 25 million Californians and irrigate approximately 750,000 acres of agricultural land. #
http://www.chicoer.com/news/ci_8182330
REGULATION:
McCain faces fine for Willow Creek dam failures
Feb. 5, 2008 — Former Lassen County Supervisor Everd McCain and his associates face $100,000 in fines because two earthen dams on Belfast Ranch washed away in 2005, polluting Willow Creek.
On November 16, 2007, the Lahontan Regional Water Quality Control Board issued an administrative civil liability complaint, recommending a $100,000 assessment of civil liability against McCain, his engineering firm and B.J. Deis, the property owner and a
McCain declined to comment on the complaint.
It alleges they violated waste discharge prohibitions contained in the Water Quality Control plan for the Lahontan region by discharging waste earthen materials into Willow Creek when parts of both the Buz and Skeet dams washed away during flooding between Dec. 15, 2005, and Jan. 2, 2006.
It identified McCain as a corporate officer of B.J. Deis and as president of McCain and Associates, which contracts to act as the agent and engineer for various projects on Belfast Ranch for Deis. It also identified him as partly responsible for the design and construction and Buzz Dam repairs, and as an individual with substantial control over the project.
It said Everd and Iona McCain operate Belfast Ranch, located 3.2 miles north of County Road A-27, west of
The Skeet Dam was built in the summer of 2005. Originally built in 1982, the Buz Dam was repaired in the mid-1990s and again in 2002.
The complaint also alleges violations of the Clean Water Act because the project discharged waste earthen materials into Willow Creek during construction of the Skeet Dam without a Clean Water Act section 404 Dredge and Fill Permit from the Army Corp of Engineers nor a Clean Water Act section 401 Water Quality Certification from Lahontan.
The complaint alleged the project violated the California Water Code by failing to implement measures to temporarily stabilize the site as required by a Lahontan cleanup and abatement order. It also alleges failure to submit required revegetation monitoring reports for the Buz Dam repair project and failure to submit required reports and documentation by their due dates.
The majority of violations occurred during an approximately two-year period beginning in June 2005. At McCain’s request, Lahontan rescheduled a public hearing set for Jan. 9 and 10 to the water board’s meeting on March 12 and 13. At the hearing, McCain and Deis may contest the allegations in the complaint. #
http://www.lassennews.com/News_Story.edi?sid=4556&mode=thread&order=0
Thermal curtain still on the table for Lake Almanor
By Mary Carpenter, staff writer
Since 2001, the re-licensing by the Federal Energy Regulatory Commission for the power plants operated by Pacific Gas and Electric on the
The State Water Resources Control Board has not issued a Clean Water Certificate to satisfy the licensing at this time because the issue of providing colder water downstream along the ladder of power plants is still in contention by parties including the Federal Energy Regulatory Commission, PG&E, the U.S. Forest Service, the California Department of Fish and Game and various whitewater rafting and sport fishing groups.
Project 2105 is owned and operated by PG&E and regulated by FERC through a 50-year license that expired on Oct. 31, 2004.
Already more than three years overdue for re-licensing, all parties involved have still not been able to reach a settlement on how best to satisfy the SWRCB and obtain a Clean Water Certificate.
One of the main issues has been the possibility of drawing cold water from the bottom of
The 2105 Committee and the Save Lake Almanor group have been working to ensure that certain environmental and economic issues concerning
"I'm disappointed because I thought the 2105 Committee, PG&E and related agencies had demonstrated through reasonable testing, participation, discussion, data and analysis of potential problems concerning the future effects on Lake Almanor that the thermal curtain is not the best possible solution," said 2105 Committee member Aaron Seandel.
The 2105 Committee is a group of residents in the Lake Almanor area who are actively working to ensure that the FERC license for PG&E's 2105 hydro electric project contains provisions that recognize the importance of the project and in particular the Lake Almanor area.
Among those provisions would be to ensure a reasonable summertime water level for
In addition, the settlement calls for increased public access to the lake, for PG&E to invest in recreation facilities, some of which will be constructed prior to the issuance of the new FERC license, mitigate the ongoing erosion of the Lake Almanor shoreline, and provide for a safety policy for those who use the lake for recreation.
The 2105 Committee has been working with related agencies collecting data for testing and analysis that identify possible negative effects and problems for the future of
"Given the size of
"I wonder how effective the additional drawing of cold water (from the bottom of
Another agency that is working to ensure the health of the lake and exclude the possibility of drawing cold water from the bottom of
"We already know that there is only about 7 percent of really cold water in the lake during the summer months and 3 percent of that is required to fulfill the thermal curtain," said Save Lake Almanor co-chairman Dick Fording. "The goal is to get colder water to concerned areas of the North Fork of the
As it stands right now they (the parties involved in the settlement) have eliminated a majority of options and will come out with about three and then do an Environmental Impact Report on those three," he said.
"Right now, the Plumas County Water Conservation District has partnered with Save Lake Almanor (and the 2105 Committee) and hired a noted fisheries biologist who is studying all the known science about Lake Almanor and its fisheries in order to have science to challenge any potentially harmful demands from the SWRCB," said Fording.
Dr. Phillip Unger, the fisheries biologist hired to conduct the study, will present a report and recommendations based on the data provided by all entities involved to the 2105 Committee at a meeting Friday, Feb. 8, at 10:30 a.m. at the Chester Veterans Memorial Hall.
"What was asked of Dr. Unger was to take a look at data collected, analyze it and see, from his perspective as a highly respected fish biologist, what the best solution to the problem of satisfying the Clean Water Act," said Seandel.
"If we could get an agreement on the best and most reasonable way to achieve the requirements that SWRCB has because of Clean Water Act that doesn't hurt the lake and its ecology ... and be signed off, then additional camping around the lake, a Native American cultural center, additional boat launch, beach and other things can go forward, but not until the water temperature issue is resolved," he said.
The project of building the dams was called the "ladder of power" designed to generate hydroelectric power in the Central Valley and proved to be "an excellent source of power for people in the state of
"Then you got people that believe that we are losing a valuable natural resource because they (the salmon that used to migrate upstream on the
"Some people feel we are robbing ourselves of one of our most precious resources by denying access to the salmon. I don't know who's right," he said, "but people must understand the focal point of the issue is water temperature and nothing can go ahead until that is resolved. It is as important to people at Rock Creek (approximately 30 miles downstream from
There will be a public meeting to discuss the findings and preliminary recommendations of Dr. Unger, as well as recommendations made by the 2105 Committee Counsel, Brian Morris on Friday, Feb. 8, at 10:30 a.m. at the Chester Veterans Memorial Hall. #
http://www.plumasnews.com/news_story.edi?sid=5963
BIKE TRAIL ALONG AQUEDUCT:
Plans to extend bike path in limbo
Backersfield Californian – 2/4/08
By Stacey Shepard, staff writer
An ambitious effort to extend the
That's when Pete Smith, a Kern Council of Governments senior planner, was directed by the agency's board of directors to map out a potential route for the extension.
But progress has stalled since then because of state objections to use of roads along the State Water Project's California Aqueduct.
"It is technically feasible to do it," said Smith, who scoped out the route on his bike last spring. "But, generally, the route follows the canal bank."
The extension would begin at the path's current terminus at Stockdale Highway and Enos Lane (Highway 43) and head west, across Interstate 5, to the aqueduct. The bulk of the route would continue south along aqueduct utility roads past the Buena Vista Recreation Area. From there, it would veer west on
When Smith broached the idea with state officials last year, they objected to use of aqueduct utility roads due to liability and security concerns.
"They just flatly said no," Smith said. "They're worried about the security, someone throwing poison into the water."
But when asked about that concern this week, state officials backed away from those statements.
"I don't know that our answer would be absolutely no," but the department would have to look closer at the issue, said Carl Torgersen, State Water Project operations and maintenance chief.
Torgersen said the biggest issue is maintenance of roads that run along the aqueduct -- they're maintained only for utility vehicles, not bicycles.
Smith said the roads are sufficient for bike use and that he planned to follow up with Torgersen on the matter now that it seemed opened for discussion.
Security of the water supply is only a minor concern, according to another state water official.
After 9/11, security was ramped up along the aqueduct but for someone to poison aqueduct water "they would have to have a line of trucks from here to
Use of aqueduct roads isn't the only issue on the route to Taft, however.
About six miles of pavement would be needed to extend the path from
Some parts of the route are very remote, Smith said, so cell phone service is spotty. While safety call boxes could be installed, access to some areas may be difficult for emergency vehicles.
The other major issue is traffic on Route 119, which cyclists would have to cross at least once. #
DWR's California Water News is distributed to California Department of Water Resources management and staff, for information purposes, by the DWR Public Affairs Office. For reader's services, including new subscriptions, temporary cancellations and address changes, please use the online page: http://listhost2.water.ca.gov/mailman/listinfo/water_news. DWR operates and maintains the State Water Project, provides dam safety and flood control and inspection services, assists local water districts in water management and water conservation planning, and plans for future statewide water needs. Inclusion of materials is not to be construed as an endorsement of any programs, projects, or viewpoints by the Department or the State of
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