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[Water_news] 5. DWR'S CALIFORNIA WATER NEWS: AGENCIES, PROGRAMS, PEOPLE - 2/22/08

Department of Water Resources

California Water News

A daily compilation of significant news articles and comment

 

February 22, 2008

 

5. Agencies, Programs, People

 

TESTING OF LEVEES IN THE POCKET AREA:

State tests levees in Sacramento neighborhood - Central Valley Business Times

 

Editorial: Bowl of river - Sacramento News & Review

 

GROUNDWATER PUMPING ISSUES:

Pajaro Valley agency in hot water over pumping lawsuit; Pumping lawsuit could take huge bite out of funding - Monterey Herald

 

 

TESTING OF LEVEES IN THE POCKET AREA:

State tests levees in Sacramento neighborhood

Central Valley Business Times – 2/22/08

 

Levees protecting Sacramento’s “Pocket” neighborhood will be poked and prodded over the next three weeks by crews from the California Department of Water Resources to assess strengths and weaknesses of the earthen berms.

 

Drillings to collect core soil samples and cone penetration tests will be performed along the east side levees of the Sacramento River from Freeport, south of the Pocket area, to Discovery Park, north of downtown Sacramento. Temporary closures of small sections of the bike path along the river may be necessary during drilling.

 

Levee evaluations of urban areas of greater Sacramento, Stockton/Lathrop, and Marysville/Yuba City are being conducted over a two-to-three-year period. During this time, technical specialists will review existing levee historical data, map near-surface geology, conduct field explorations, perform engineering, stability and seepage analyses and prepare preliminary design and construction estimates for repairing and upgrading the levees, where needed.

 

Soil samples are to be collected at 1,000-foot intervals along the levees. Additional landside explorations are also being performed to better define existing subsurface conditions.

 

Collected samples are analyzed in laboratories to help characterize subsurface soil conditions and identify potential problems or weaknesses in the flood control structures. The tests look at such factors as moisture, density, soil grain size distribution, and shear strength.

 

Funding for the levee evaluation efforts is provided through two large flood control bonds approved by California voters in November 2006, Propositions 84 and 1E. #

http://www.centralvalleybusinesstimes.com/stories/001/?ID=7929

 

 

Editorial: Bowl of river

Sacramento News & Review – 2/21/08

 

OK, let’s start with the most obvious thing about the Natomas basin. It’s called a “basin” for a reason, folks! The 53,000-acre expanse of land is a natural flood plain, a shallow bowl nestled between two rivers, an area that, ideally, should have been left to agricultural uses and/or protected as parks and wildlife preserves.

 

Well, hey, we know that horse has already left the barn. (There are now about 70,000 people—including the mayor—living in the “bowl.”) But we think the reminder puts any discussion of future development in Natomas in a much-needed context, i.e., city and county officials have known for many decades that the area is at giant risk of flooding. The levee breaches in 1986—the ones that caused massive flooding in Natomas and parts of downtown—were cases in point.

 

But what happened in ’86 didn’t stop local politicians once opportunity knocked. When the federal government determined in 1998 that the area’s flood protection met a “100 year” standard (meaning the area had a 1-in-100 chance of flooding in any given year), city and country officials jumped at the chance to stage a building boom in Natomas. The flood-prone region quickly became one of the Sacramento area’s fastest growing locales. Soon the population living in the “bowl” was larger than that of the entire city of Davis.

 

The growth spurt ended about a year ago, when the levees were found to lose some stability. But it was last month when the Army Corps of Engineers came out with its startling report that said Natomas’ flood risk might be three times worse than had been assumed. Based on this, the Federal Emergency Management Agency is set, probably by December, to designate Natomas a “flood hazard zone,” a label that will put the brakes on new development until the levees are back up to the “100 year” mark.

 

Here’s where our local politicos come in. First, like defensive school children, they attacked the Corps’ report. Mayor Heather Fargo particularly contested the methodology the Corps used in determining the 1-in-30 designation. It’s true the report reflects a new, post-Hurricane Katrina “risk analysis” method of calculating flood danger. But shouldn’t we acknowledge that Katrina likely taught the Corps some lessons?

 

Secondly, inexplicably, city leaders have become hell-bent on red-lighting new construction projects for Natomas before the FEMA designation comes down. We were stunned when council members voted a few weeks ago to support annexation of 577 acres of Natomas, and the build-out of 3,500 houses and apartments by Angelo Tsakopoulos’ Greenbriar development.

 

Are these people crazy or just in denial? As we’ve all heard countless times by now, there is no urban city in America more at risk of experiencing a massively destructive, New Orleans-type flood than Sacramento. Yes, the local economy is struggling with the housing crisis. But now is no time to play games with developers. Sacramento leaders should enforce an outright moratorium on future development in Natomas and shift their attention to where it should have been all along, protecting the city and existing residents of the “bowl.” #

http://www.newsreview.com/sacramento/Content?oid=625886

 

 

GROUNDWATER PUMPING ISSUES:

Pajaro Valley agency in hot water over pumping lawsuit; Pumping lawsuit could take huge bite out of funding

Monterey Herald – 2/22/08

By Donna Jones, MediaNews Group

 

The Pajaro Valley Water Management Agency, reeling from the loss of a lawsuit that cost half its annual $8 million budget, faces a new legal challenge that could strip the agency of most of its remaining funding.

 

That, officials say, would doom the 24-year-old agency charged with protecting groundwater and developing new water sources for the Pajaro Valley. It could open the door for Santa Cruz County supervisors to step in and declare a groundwater emergency, a measure that could result in a moratorium on new construction and restrictions on water use.

 

"I'd hate to think we're there, but maybe we are," said 2nd District Supervisor Ellen Pirie. "It's very disturbing, very serious for the Pajaro Valley."

 

Monterey County officials are monitoring the situation and could get involved, said Supervisor Lou Calcagno, who has appointed representatives to the boards of both agencies.

 

"We're very concerned," Calcagno said. "If we don't solve this, we're going to hurt together."

 

The lawsuit, filed Wednesday by the Pajaro Sunny Mesa Community Services District in Santa Cruz County Superior Court, seeks to overturn a 2002 ordinance that allows the agency to collect $80 for every acre-foot of water pumped for area wells.

 

In the fall, the water management agency repealed similar ordinances passed in 2003 and 2004 in response to a state appeals court ruling that the pumping charges were imposed illegally without a vote of the people.

 

With the repeal, the agency lost $4 million. If the new lawsuit wins, the agency could lose another $4 million, leaving it with an annual income of $300,000 from management fees.

 

The agency promises to pay back $13.5 million in fees collected under the 2003 and 2004 ordinances in a settlement under consideration today by a Santa Cruz County Superior Court judge. But the settlement with litigants in previous lawsuits allows the 2002 ordinance — and the $80 charge associated with it — to stand.

 

Just because he and other plaintiffs are bound by the settlement not to pursue overturning the 2002 ordinance doesn't mean others can't, said grower Dick Peixoto. He said maybe it is time for the agency board "to step back from it and say if the $80 charge is illegal, let's get rid of it. ...

 

"They think they have this settled, but obviously not. They have another lawsuit on their hands."

 

Marc Del Piero, Pajaro Sunny Mesa's lawyer, said the district filed the lawsuit after receiving no response to a letter sent to the agency in December demanding immediate repayment of fees collected under the 2003 and 2004 ordinances. The district, which provides water to about 4,000 Pajaro Valley customers, is owed $150,000, he said.

 

Pajaro Sunny Mesa, based in the town of Pajaro, is an independent public supplier of water, sewer, lighting and park services in rural North Monterey County.

 

The water management agency board took the first step toward reimbursement Wednesday, approving an ordinance that specifies a timeline for claims. But the agency has yet to craft the details of what board members say will be a claims process complicated by the intricacies of agricultural leases. In some cases, bills were sent to landlords and tenants. The board says it wants to ensure the right person gets the refund.

 

Pajaro Sunny Mesa has been clamoring for reimbursement since November, and the lawsuit is designed to force the issue and halt further collection of fees under the 2002 ordinance.

 

"We want them to pay our money back now," Del Piero said. "The courts have decided what they were doing was illegal. They need to give us the money back without excuses."

 

Dennis Osmer, chairman of the water management agency, called the lawsuit "extremely discouraging," and said having one public agency sue another is "the worst kind of governmental waste." He is hopeful the two boards can get together and work out a "solution that benefits us all" without having to go to court.

 

But there is no question that Osmer is worried. On March 25, the agency is to report to Santa Cruz County supervisors on the agency's long-term prospects, he said.

 

"We're not going to have a very substantial report for them," Osmer said. "We don't have a very good long-term outlook, and we're not going to make anything up." #

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