HomeMy WebLinkAboutLetter - State Water Resources Control Brd - River Garden Farms State Water Resources Control Board
Division of Water Rights
1001 I Street,141h Floor♦Sacramento,California 95814♦916.341.5300
Linda S.Adams P.O.Boa 2000♦Sacramento,California 95812-2000 Arnold Schwarzenegger
Secretaryfor Fax: 916.341.5400♦www.watenights.ca.gov Governor
Environmental Protection
NOTICE OF PETITION FOR TEMPORARY CHANGE
INVOLVING THE TRANSFER OF UP TO 2,000 ACRE FEET OF WATER
FROM RIVER GARDEN FARMS COMPANY
TO THE SEMITROPIC-ROSAMOND WATER BANK AUTHORITY
UNDER LICENSE 1718(APPLICATION 575)
BOARD OF SUPERVISORS
Notice is hereby given that on April 18, 2008
River Garden Farms Company JUN 16 2008
c% Maja K. Haium OROVILLE,CALIFORNIA
555 Capitol Mall, 101h Floor
Sacramento, CA 95814
filed with the State Water Resources Control Board (State Water Board) a Petition for
Temporary Change under Water Code section 1725, et seq. River Garden Farms .
Company's (RGF.):petition.requests the transfer of up to 2,000 acre-feet (af) of water to
the Semitropic-Rosamond Water Bank Authority(SRWBA) Temporary changes
approved pursuant to Water Code section 1725 may be effective for up to one year .
from the date of approval.
BACKGROUND
RGF holds direct diversion water rights on the Sacramento River (near Knights
Landing) to divert up to 32 cubic feet per second (cfs) of water during the irrigation
season. RGF also holds a Sacramento River Settlement Contract with the United
States Bureau of Reclamation (USER). Pursuant to this contract, USBR agrees to
provide water to RGF during dry periods when natural flow in the Sacramento River
may not be sufficient to support direct diversion water rights. RGF proposes to reduce
(or forbear) its diversions from the Sacramento River by 2,000 of and pump additional
groundwater within its service area to make up the forborne water.
DESCRIPTION OF THE TRANSFER
RGF proposes to transfer up to 2,000 of of water under License 1718 (Application 575)
to the SRWBA. RGF has identified two additional water districts, the Rosamond
Community Services District and the Valley Mutual Water Company, as potential users.
To facilitate the transfer, RGF has been pumping additional groundwater and'reduced
its direct diversion from the Sacramento River by 8.0 cfs between April and October.
The petition states that the groundwater wells proposed for'additional pumping meet
criteria established by the Department of Water Resources for these types of transfers.
At times when pumping capacity is available in the Delta, the additional 8.0 cfs of flow
California Environmental Protection Agency
TR4TIOT�'
Recycled Paper
JUN 11209
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Notice of Petition for Temporary Change
Application 575
Page 2
in the Sacramento River would be available for diversion/rediversion at the Clifton Court
Forebay or the Jones Pumping Plant and delivery to SRWBA. At times when pumping
capacity is not available in the Delta, RGF proposes that LISBR hold water in storage in
Shasta Reservoir until such time as pumping capacity becomes available. Accordingly,
the petition adds Shasta.Reservoir as a point of diversion. The petition states that
forborne water made available under conditions that do not permit its diversion from the
Delta and/or storage in Shasta Reservoir would be considered lost. The petition
requests that the change be effective for up to one year from the date of approval.
In the absence of this transfer, RGF would have diverted the forborne water for use
within its service area.
PROPOSED TEMPORARY CHANGE
The proposed transfer would temporarily add the Shasta Dam as a point of diversion
and the Clifton Court Forebay and the Jones Pumping Plant as points of diversion/
rediversion under License 1718. The service areas of the State Water Project (as
shown on maps 1878-1, 2,-3 & 4 on file with Application 5629) and the Central Valley
Project (as shown on map 214-208-12581 on file with Application 5626) would be
temporarily added to the I place of use of Lice�dlife
enhanDcementtCwater'quality
al,power generation, salinity control, fish and wcontrol,
and stockwatering would be temporarily added as purposes of use under License 1718.
PETITIONER'S WATER RIGHT
License 1718 (Application 575) authorizes the direct diversion of up to 32 cfs of water
per annum from the Sacramento River between March I and October 31 of each year
for irrigation purposes. Two authorized points of diversion for License 1718 are located
near Knights Landing on the Sacramento River and the authorized place of use
consists of 3,508.2 acres.
COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT
Temporary changes involving the transfer of water that was previously stored are
exempt from the requirements of the California Environmental uality Act (CEQA).
However, the State Water Board must consider potential impactQs to other legal users of
the water and to fish, wildlife, or other instrearn beneficial uses.
Notice of Petition for Temporary Change
Application 575
Page 3
STATE WATER RESOURCES CONTROL BOARD'S STATUTORY PROVISIONS
Pursuant to Water Code sections 1725, et seq., the State Water Board is authorized to
issue temporary change orders, allowing the transfer or exchange of water or water
fights after completing an evaluation and finding that the proposed temporary changes:
1 Involve only water that would otherwise have been consumptively used, stored, or
conserved pursuant to Water Code section 1011, by Permitee;
2. Would not injure any legal user of the water;
3. Would not unreasonably affect fish, wildlife, or other instrearn beneficial uses; and
4. Any increase in groundwater pumping associated with this transfer(i.e.,
groundwater substitution) is performed in compliance with Water Code sections
1745.10 and 1745.11.
If the State Water Board cannot satisfy, in a timely manner,the provisions of Water
Code,section 1725, et. seq.,then the State Water Board.,may deny the petition or
schedule and'notice a hearing regarding the proposed transfer or exchange of water.
OPPORTUNITY FOR COMMENT
Pursuant to the requirements outlined above, the State Water Board is seeking
information to assist in the evaluation of the proposed temporary change of water
rights. Any person may file comments concerning the petition for temporary change.
The comments must address the required findings set forth above. The petitioner has
the burden of establishing that the proposed temporary change will not injure any legal
user of water, or unreasonably affect fish, wildlife, or instrearn beneficial uses. If the
State Water Board determines that the petitioner has established a prima facie case,
the burden of proof then shifts to the party that has filed comments (Water Code
section 1727). While such a determination has not been made in this case,
commenters should provide sufficient information to support claims of injury or effects
on fish,wildlife, or other instrearn uses.
Due to the relative brevity of the temporary transfer process, the Division (if necessary)
may request that the petitioner submit additional information during the comment
period. Any such requests and any additional information submitted by the petitioner
regarding this proposed temporary change during the comment period will be posted
with this notice on the Division of Water Rights' website at www.waterrights.ca.gov,
Water Transfer Program, Notices of Transfers and Temporary Urgency Actions.
Notice of Petition for Temporary Change
Application 575
Page 4
Potential commenters are strongly urged to check the website for such information prior
to filing a comment.
Comments filed in response to this notice must be received in the office of the State
Water Board's Division of Water Rights, at the first address listed below by 2:00 p.m.
on July 14, 2008. Additionally, a copy of the comments must be filed with RGF.
Comments must be accompanied by proof of service of a separate copy of the
materials on the petitioner. Interested parties are encouraged to file comments by
FAX and to notify the following contact persons by telephone of any materials that will
be submitted. An original copy of all materials, however, must be received for the State
Water Board to consider your comments.
Division of Water Rights River Garden Farms Company
c/o Greg Wilson c/o Maja K. Haium
P.O. Box 2000 555 Capitol Mail, 10th Floor
Sacramento, CA 95812-2000 Sacramento, CA 95814
FAX: (916) 341-5400 FAX: (916) 444-2100
Please address questions about this notice to Greg Wilson at (916) 341-5427.
Questions regarding the petitioner/transferee should be addressed to Maja K. Haium at
(916) 444-1000 x6512.
Leslie F. Grober, Chief
Hearings and Special Programs Section
Dated:June 13, 2008
GFW:ds June 13, 2008
U:\Herdrv\Gfwilson\575TT2008—Notice.doc