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HomeMy WebLinkAboutNotice from State Water Resources Board - GFW14806 State Water Resources Control Board Division of Water Rights 1001 1 Street, 14th Floor* Sacramento,California 95814 *916.341.5300 Linda S.Adams P.O.Box 2000 *Sacramento,California 95812-2000 Arnold Schwarzenegger Secretaryfor Fax: 916.341.5400+www.waterrights.ca.gov Governor Environmental Protection JUL 3 12008 In Reply Refer to: GFW: 14804 South Sutter Water District c/o Marc Van Camp MBK Engineers d 2450 Alhambra Boulevard, 2 Floor Sacramento, CA 95817-1125 Dear Mr. Van Camp: APPLICATION 14804--ORDER APPROVING PETITION FOR TEMPORARY TRANSFER OF WATER FROM SOUTH SUTTER WATER DISTRICT TO SEVERAL STATE WATER CONTRACT AGENCIES Enclosed is a copy of the Corrected Order approving temporary changes in the place of use, purpose of use, and points of rediversion in response to South Sutter Water District's request for a temporary transfer of water under Water Code section 1725, et seq. This transfer of water is limited to the period from the date of this Order through July 25, 2009. Due to an oversight, Order WR-2008-0034 was approved on July 28, 2008 with minor clerical errors. The Division of Water Rights has the delegated authority to correct typographical and clerical errors and oversights pursuant to Water Code Section 1124. The following changes were made to the Order WR-2008-0034 on July 31, 2008 to correct these errors: 1) Section 1.2: municipal was added to the list of purposes of use, and spelling of"changes'. was corrected, 2) Order term 4: municipal and industrial were added to the list of purposes of use, 3) Order term 6: incorrect text was replaced with the following corrected text: "Licensee shall implement and comply with the Groundwater and Surface Water Monitoring and Reporting Program identified in Exhibit A of the Agreement among the Department of Water Resources, Dudley Ridge Water District, Kern County Water Agency, Napa County Flood Control and Water Conservation District, Metropolitan Water District of Southern California, San Bernardino Valley Municipal Water District, Antelope Valley East Kern Water Agency, Palmdale Water District, Tulare Lake Basin Water Storage District and South Sutter Water District for Storage and Conveyance of 2008 Transfer Water, which governs the monitoring and reporting of groundwater and surface water conditions within the District during the 2008 Pilot Water Transfer." 4) Order term 7: Condition C was omitted because it-does not apply to this Temporary BuTrECOUNTY Change. ADMMSTPLAITON AUG a 5 20 California Environmental Protection Agency opOVILLE,CALIFORNIA (3 Recycled Paper Application 14804 - Order 2008-0034 - 2 - JUL 3 1 Mailing List If you have any questions, please contact Greg Wilson, the staff person handling this matter, at (916) 341-5427. Sincerely, &tea.#'�— * . Victoria.A. Whitney Division Chief Enclosures cc: Enclosed Mailing List f Supervisors Interested Party Mailing List Board of Supervisors B,="`" Application 14804 COUNTY OF KERN COUNTY OF.~~ ~ 1115Tm�unAvenuo 5th 1105Third Stnee�&udo31O Order Approving Bakersfield,[�,g38O' Napa,CA 94558 Temporary Transfer ' ' Kings County Board of Tulare County Board of Board of Supervisors S"p=^°~~ S"p="=" s COUNTYOF BUTTE c/o Ms.Alene Taylor 2800 West Burre| 25 County Center Drive 140NWest Lacey Boulevard Visalia,CA 93201 umvle.u* 95965 Hanford,CA 93230 Regional VVober Quality CADept nfFish&Game Regional Water Quality Control Board Native AnudmmouwFish& Control Board Central Valley Region— Watershed BmnchCentral |�y n— Fresno O�oe 141GNinth Sbnet.i2~floor Sacramento Office 1685EStreet Sacramento,CA95814 1102OSun Center Drive,#2UO Fresno,LAU37UG Sacramento, C&A5G7D Department of Fish andGbme Department ofFish and Game Board of Supervisors North Central Region Central Region COUNTY OF ORANGE 17O1Nimbus Road 1%34East Shaw Avenue 10Civic Center Plaza Rancho Cordova, CA 95670 Fresno,CA 93710 Santa Ana,CA 92600 ' Department of Fish and Game Water Quality Board of Supervisors Bay-DeltaRegion Control Board COUNTY oFrmmMAS 7329 Silverado Trail Centm|Ne|leyRmgion— Quincy, CA 95971 Napa,CAA45b8 Sacramento Office 11O20Sun Center Drive,#2DU Sacramento,CAO5G70 Boordof BoardBoard of Supervisors Supervisors — Supervisors^ COUNTY OF LOS ANGELES COQNlY@F���ERS|DE COUNTY OF SAN BERNARD|N0 32OVV.Temple 4UO0Lemon Street 175West Fifth Riverside,CA Q��U1 San {�\ 92401 LooAnge�oo.CA 90U12 v�m e. . Board of Supervisors COUNTY 0FSAN DIEGO 18UUPacific Highway San Diego, CA 92101 PET-NOTICE(9-99) l STATE OF CALIFORNIA CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY STATE WATER RESOURCES CONTROL BOARD DIVISION OF WATER RIGHTS CORRECTED ORDER WR 2008-0034-DWR IN THE MATTER OF LICENSE 11118 (APPLICATION 14804) PETITION FOR TEMPORARY CHANGE INVOLVING THE TRANSFER OF UP TO 10,000 ACRE FEET OF WATER FROM THE SOUTH SUTTER WATER DISTRICT TO SEVERAL STATE WATER CONTRACT AGENCIES ORDER AUTHORIZING TEMPORARY CHANGE IN POINT OF DIVERSION, PLACE OF USE, AND PURPOSE OF USE BY THE CHIEF OF THE DIVISION OF WATER RIGHTS: 1.0 SUBSTANCE OF PETITION On April 11, 2008, South Sutter Water District c/o Marc Van Camp MBK Engineers 2450 Alhambra Boulevard, 2"d Floor Sacramento, CA 95817-1125 filed with the State Water Resources Control Board (State Water Board) a Petition for Temporary Change under Water Code section 1725, et seq. South Sutter Water District's(SSWD) petition requests the transfer of up to 10,000 acre-feet(af)of water to several State Water Contract agencies(hereinafter collectively referred to as the SWC Agencies)for use within the State Water Project(SWP} service area. Temporary changes approved pursuant to Water Code section 1725 may be effective for up to one year from the date of approval. 1.1 Description of the Transfer. SSWD proposes to transfer up to 10,000 of of water under License 11118 (Application 14804)to the SWC Agencies. The SWC Agencies involved in this water transfer are the Dudley Ridge Water District, the Kern County Water Agency, the Napa County Flood Control and Water Conservation District, the Metropolitan Water District of Southern California, the San Bernardino Valley Municipal Water District, the Antelope Valley East Kern Water Agency, the Palmdale Water District, and the Tulare Lake Basin Water Storage District. To facilitate the transfer, SSWD proposes to release 10,000 of of water currently stored in Camp Far West Reservoir to the Bear River thence the Feather River thence the Sacramento River thence the San Francisco Bay/Sacramento-San Joaquin Delta for rediversion at the Clifton Court Forebay or the Barker Slough Pumping Plant. SSWD's petition states that its landowners receive their base water supply from groundwater pumping and receive supplemental water from Camp Far West Reservoir. The petition states that landowners will not change their cropping patterns due to the transfer. The petition states that in the absence of this transfer, the subject 10,000 of of water would either remain in storage within Camp Far West Reservoir or be released for use within SSWD. -1- 1.2 PromosedTen�pmraryK�homges. The �aneferwouWtempora�yadd the CUftonCou� Furebmyand '* Barker Slough Pumping Plant aopoints ofnadiversionunder License i1118. The service areas ofthe GVVP (aeshown onnnape1878-1' 2. 3&4on0evv�hApplication 5R2S)vvou|dbetennporari� added tothe place 'ofuse ofLicense 1111B. Municipal, industrial, salinity control,fish and wildlife enhancement,water quality control, and stockwatering would be temporarily added as purposes of use under License11118. 1.3 Availability mfWater for Transfer. SSVVU'opetition states that its landowners receive their base water supply from groundwater pumping and receive supplemental water from Camp Far West Reservoir. The petition states that landowners will not change their cropping patterns due to the transfer. 0GVVO anticipates that as a result of the proposed transfer up to 10,000 additional af of groundwater pumping could occur. SSWD, the SWC Agencies, and Department of Water Resources(DWR) have entered into an agreement for storage and conveyance cfthe water transferred pursuant tothe proposed temporary changes(Tronsh*rAgnoemend. Appendix Aofthe Transfer AQpeernentincludes procedures for mnonitohng surface `water releases and groundwater punopinQmnditmimpacts. Appendix Aalso identifies ethird-party action plan which includes oseries ofahep�that viUbetaken toensure that the possible increase in gnoundvvaberpumnpingaaomemu|tofthe2� 8pilot water transfer does not cause significant, unmitigated impacts to other parties. 1'4 Other Agency Consultation. Prior b)submitting the petition tothe State Water Board the petitioner submitted acopy twthe Department VfFish and Game(DFG). Prior bnissuance ofthe public notice for the proposed temporary change, representatives of DFG contacted Division staff regarding several temporary changes within the northern Sacramento Valley(including 1he subject change). DFGmtaff did not identify any concerns regarding impacts to fish,wildlife, or other beneficial uses. DFGdid not submit comments regarding the proposed temporary change. 2.0 BACKGROUND 2'1 Substance mfSSWD"s Permits. License 11118 (Application 148O41authorizes the diversion bm storage of up to 58,370 af of water per annum from the Bear River between October 1 and June 30. License 11118also authorizes the direct diversion from the Bear River ofupto33Ocubic feet per second (oh*)b�tmmenK4ay1ondSeptennber1ofeaohyear. ThepVintnfdiversiontomtonagefnrLioenuw11118im located` ^ etthe Camp Far West Dam. Additionally, the Camp Far West Diversion Dam (located about one mile downstream ofthe Camp Far West Dam) haanauthorized pointofdirect diversion and nadiveroionbm storage. The water is used for irrigation and domestic purposes within the authorized place of use, as well as incidental power generation. The authorized place ofuse under License 11118imonet of68.00Oacres within gross area of 65,796 acres within SSWD, a net of 4,180 acres within the Camp Far West Irrigation District(including 102 acres outside its boundaries served under contract), and a power generation plant located onSSVVD'oconveyance canal. In order to protect fish,resources downstream of the Camp Far West Diversion Dam, SSWD is required to bv000a25�sbetwee/ April � 1andJune3Oof�a�hye�rand1UsbebweenJuh1andyWaroh31ofthe succeeding edingyoar. Additionally, 8SVVD (with other parties within the Bear River watershed) has entered into onognmoment/raAenedbnasthe Bear River Agreement)withDVRto meet the Bear River watershed's responsibilitiesfor Bay`Da|te flow objectives. This agreement requires SSVVO to make up to 4,400 nyof water available hoDVVHduring dry and critical water years. SSWD'epetition states that the water intended for transfer is in addition to the water released to DWR pursuant to the Bear River Agreement. Additional information regarding the Bear River Agreement is on file with the State Water Board under Application 14804. 2'2 Southern Delta Salinity. In Revised Decision 1641 (D-1641)the State Water Board added water quality objectives for the protection of agricultural beneficial uses(including salinity objectives at three southern Delta locations)to the SWP and the Central Valley Project(CVP)water rights. These objectives are contained inTable 2. located onpage 182ofD-1041. Additionally, inC-1G41the State Water Board authorized DWR and the United States Bureau of Reclamation (USBR)to use each other's Delta points of diversion, also referred to as joint points of diversion (JPOD)operations, subject to certain conditions. One of the conditions of approval was the requirement that the Projects meet all other provisions of their permits bmperform JPQC}operations. OVVIR and USBRanticipate that salinity aithe southern Delta salinity compliance locations will exceed the current objectives this summer(and possibly fall).. Order WR 2008-0029-EXEC allows JPOD operations to occur based on the following condition: All other provisions cfthe above permits are met, provided, however, if the southern Delta water quality objectives are exceeded, and the State Water Board's Executive Director has found that(i)nu additional reasonable control measures exist that the SWP or CVP could take this summer or fall in order to meet the objectives, and (ii)the use of JPOD will not unreasonably affect salinity in the southern Delta. Petitions for temporary change(such as the subject petition)which add either the Clifton Court Forebay or the Jones Pumping Plant as points of rediversion to water rights other than those of the SVVPorCVP are not considered JPODoperations. The impacts to other legal users of water and to fish,wildlife, and other inmireornbeneficial uses associated with adding either the Clifton Court Forebayorthe Jones Pumping Plant as points of rediversion to water rights other than those of the SWP or CVP, however,are similar to the impacts cfJpO\Doperations. |nthe absence ofother equivalent measures,the orders approving these petitions include conditions similar to those required of JPOD operations. For some period of8SVVO's proposed temporary change, it is likely that the southern Delta salinity objectives will be exceeded. Accordingly I,this Order includes the following condition to allow this transfer to occur if it will not unreasonably affect salinity in the southern Delta during the period of the proposed temporary change. ' Rediversion of water at the Clifton Court Forebay pursuant to this Order is also subject to compliance by the operators with the objectives currently required of the Department of Water Resources (DWR) and the United States Bureau of Reclamation (USBR)set forth in Tables 1, 2, and 3 on pages 181 to 187ofState Water Board Revised Decision 1641 (D-1 641), or any future State Water Board order or decision implementing Bay-Delta water quality objectives at those plants, including compliance with the various plans required under D-1 641 as prerequisites for the use of the Joint Points of Diversion bvOVVRand UGBR.With the following exception: |fthe southern Delta water quality objectives are exceeded, and the State Water Board's Executive Director has found that(i)no additional reasonable control measures exist that the SWP or CVIP could take during the period of this temporary change in order to meet the objectives, and (ii)the addition of the Clifton Court Forebay as a point of rediversion to License I 1118 pursuant to this Order will not unreasonably affect salinity in the southern Delta, then the rediversion of water at the Clifton Court Forobmyunder License 11118may occur. 3'0 PUBLIC NOTICE AND COMMENT ON THE PROPOSED TRANSFER Public notice of the petition for temporary change(dated May 23, 2008)was provided via regular mail to interested parties and bypublication inthe Sacramento Bee onMay 24. 2OU8. 4.0 REQUIRED FINDINGS OF FACT Availability of Water for Transfer Before approving atemporary change due toatransfer orexchange ofwater pursuant bnChapter 1O.5of Part 2 of Division 2 of the Water Code, the State Water Board must find that the transfer would only involve the amount of water that would have been consumptively used or stored by the permittee or licensee in the absence of the proposed temporary change or conserved pursuant to Section 1011. (VVat. Code, S1725 and § 1728.) The water proposed for transfer was stored by SSWD under provisions of License 11118. -3- |nlight ofthe above, | find inaccordance with Water Code section 172O(o)that the water proposed for transfer pursuant to this order would have been stored by the permittee in the absence of the proposed temporary change. NmInjury bmOther Legal Users mfWater Before approving mtemporary change due boa transfer orexchange ofwater pursuant toChapter 1O.5of Part 2ofDivision 2ofthe Water Code,the State Water Board must find that the transfer would not injure any legal user of the water during any potential hydrologic condition that the Board determines is likely to occur during the proposed change,through significant changes in water quantity, water quality,timing of diversion or use,consumptive use of the water, or reduction in return flows. (VVsd. Code, § 1727. ]) nubd. (b\(1S8VVDmnUuipotemthat aearesult ofthe proposed transfer upbm 1O.0O0additional afof groundwater ' ' ' 'punnpingcou|d000ur. Appendix Aofthe Transfer Agreement identifies uthird-party action plan which includes aseries of steps that will be taken to ensure that the possible increase in groundwater pumping as a result of the 2008 pilot water transfer does not cause significant, unmitigated impacts to other parties. This Order includes terms and conditions to ensure that no legal users of water are injuredbvthe proposed temporary change due to potential water level or water quality impacts associated with the addition ofthe Clifton Court Foneboyeoopoint ofredivenoiontoLicense 1118. Aaconditioned herein,the transfer can occur if the southern Delta water quality objectives are exceeded, and there are noadditional reasonable control measures the SWIP or CVP could take this summer and fall to meet them and if the rediveruionofwater atClifton Court Fomeboyresulting from this order will not unreasonably affect salinity in the southern Og|to. In light of the above, I find in accordance with Water Code section 1727(b)(1)that the proposed transfer will not injure any legal user ofthe water. | o|oofind that the transfer nfsurface water that iareplaced with groundwater pursuant to this order meets the requirement of Water Code section 1745.1 0(b). That section requires that the groundwater use has been approved by the water supplier from whose service area the water is to be transferred and the water supplier has determined that the transfer will not create or contribute to conditions of long-term overdraft in the affected groundwater basin. No Unreasonable Effect mnFish,Wildlife, mrOther UnstraanmBeneficial Uses VVober Code section 172Qexempts temporary changes involving the transfer ofwater from the requirements ofthe California Environmental Quality Act/CEOA\. (Public Resources Code section 21O0O.etamq.) However, the State Water Board may approve a temporary change due to a transfer of water only if it determines that the proposed temporary change would not unreasonably affect fish,wildlife, or other inntreannbeneficial uses. ANoLCode, § 1727. mubd. (b)(2).\ ` DFG was contacted regarding the proposed temporary change and did not identify any concerns regarding fish,wildlife, and other instrearn beneficial uses and did not file comments on the proposed temporary change. Rediversion of water at the Clifton Court Forebay pursuant to this Order is subject to compliance by the operators with the objectives currently required of DWR and USBR set forth in Tables 1, 2, and 3 on pages 181hn187ofI]-1G41. including compliance with the various plans required under D-1841oo prerequisites for the use ofthe JointPoints ofDiversion byDVVR|and USBR(with the exception for southern Delta salinity noted ebove). Rwdiversinnofwater atthe Clifton Court Fonebaypursuant bmthis Order isalso subject to compliance by the operators with the Delta Smelt Biological Opinion and other applicable biological opinions,and any court orders applicable hmthese operations. In light of the above, I find in accordance with Water Code section 1727(b)(2)that the proposed transfer will have no unreasonable effect on fish,wildlife, or other instrearn beneficial uses. 5-0 STATE WATER RESOURCES CONTROL BOARD DELEGATION OF AUTHORITY On September 18, 2007, the State Water Board adopted Resolution 2007-0057, granting the authority to act -4- unpetitions for temporary change hothe Chief ofthe Division of Water Rights, except where the State Water Board holds ohearing. The State Water Board did not conduct.a hearing on the petition subject to this order, and this order is*adopted pursuant to the delegation of authority in Resolution 2007-0057. 6'0 CONCLUSIONS The State Water Board has adequate information inits files tomake the evaluation required byWater Code section 1727; and therefore | find agfollows: | conclude that, based onthe available evidence: 1. The proposed temporary change will not injure any legal user ofthe water. 2. ThepnoposedbynopororychangeviUnmtunnsoaonab|yeffeuihsh.wi|d|ife. orotherinotreornbenmOoia| uses. 3. The proposed transfer involves only an amount of water that would have been consumptively used, stored, or conserved pursuant to Water Code section 1011, in the absence of the temporary change. 8 � 0 0 0 0 � 8 � 8 V 8 � � � � � 0 � V V � � 0 8 � � 0 V � � 0 � � 8 -5- ' ORDER NOW,THEREFORE, IT IS ORDERED that the petition filed for temporary change in the place of use, purpose of use, and points of rediversion under South Sutter Water District's (SSWD) License 11118 (Application 14B04)bzfacilitate the transfer ofupho 1U.00Oefofwater isapproved. All existing terms and conditions of License 11118 remain in effect, except as temporarily amended by the following conditions: 1. The transfer/exchange ofwater iolimited to the period from the date mf this Order through July 25. 2DU8. 2. The place ofuse ofLicense 1111Qiutemporarily changed aafollows: The authorized place mf use is expanded to include the service area ofthe State Water Project,(as shown onmaps 187B-1. 2. 3. &4mmfile with Application 5539). 3. The Clifton Court Forebay,and the Barker Slough Pumping Plant are temporarily added as points of rediveraiomunder License 11118. Rediverwionofwater at the Clifton Court Foreboyand the Barker Slough Pumping Plant pursuant to this Order is subject to compliance by the operators with the Delta Smelt Biological Opinion and other applicable biological opinions, and any court orders applicable to these operations. Rediversiomofwater at the Clifton Court Fonebmypursuant bothis Order is also subject to compliance bvthe operators with the objectives currently required of the Department of Water Resources (DWR) and the United States Bureau of Reclamation (USBR)set forth in Tables 1, 2, and 3 on pages 181 to 1G7ofState Water Board Revised Decision 1G41 (D-184i). orany future State Water Board order or decision implementing Bay-Delta water quality objectives at those plants, including compliance with the various plans required under D-1 641 as prerequisites for the use of the Joint Points of Diversion, bvDVVRand USBR,with the following exception: If the southern Delta water quality objectives are exceeded, and the State Water Board's Executive Director has found that(i)no additional reasonable control measures exist that the SWP or CVP could take during the period of this.temporary change in order to meet the objectives, and (ii)the addition of the Clifton Court Forebay as a point of rediversion to License 11118 pursuant to this Order will not unreasonably affect salinity in the southern Delta,then the rediversion of water at the Clifton Court Fonebavunder License 11118may occur. 4. Municipal, industrial, salinity control, fish and wildlife enhancement,water quality control, and stockwatering are temporarily added as purposes of use under License 11118. 5. During the period of the transfer, permittee shall comply with applicable terms and conditions imposed byother regulatory agencies. This Order shall not beconstrued aoauthorizing the violation ofany agreement entered into bvthe petitioner. S. Licensee shall implement and comply with the Groundwater and Surface Water Monitoring and Reporting Program identified in Exhibit A of the Agreement among the Department of Water Resources, Dudley Ridge Water District, Kern County Water Agency, Napa County Flood Control and Water Conservation District, yWebopoUhan Water District ofSouthern California, Sen Bernardino Valley Municipal Water District,Antelope Valley East Kenn Water Agency, Palmdale Water District, Tulare Lake Basin Water Storage District and South Sutter Water District for Storage and Conveyance of 2008 Transfer Water which governs the monitoring and reporting of groundwater and surface water conditions within the District during the 2008 Pilot Water Transfer. -6- . ^ ' 7 BySeptember 1. 2O08. SSVVDshaU tothe(�h� Division report � describing the transfer nfwater approved this order. This report shall include the following information: m. The daily average release rates and correspondingwdumes of the transferred water from CarnpFarWest Reservoir, reported whadaily basis; di | ofvveterpurnp�dmtdho[�|iMon (�oud b. -[hedaily average punnpmcorresponding vvv///� gr���an000rp�upv Forobayand the Barker Slough Pumping Plant; and O. Pursuant to Water Code sections 100 and 275 and the common law public trust doctrine, all rights and privileges under this transfer and temporary change Order, including method ofdiversion, method d authority of use, and quan�vofvvmterdk/e� the continuing ngmu ohtyofU1e8tateVVabmrBoard inaccordance vxih^law and inthe interest ofthe public welfare toprotect public trust uses and ho b| prevent vva�m. unreasonable use, unre000na emeihodcfoeenrunpeoeonab|ema{hodofdiversiVn ofsaid water. The continuing outorit/ofthe State\A/oberBoard also may beexenjsedbvimposing opmo�c naquinanmentm'overand'above those contained in this Order to minimize waste of water and to meet reasonable water requirements without unreasonable draft onthe source. 9. This Order does not authorize any act which results in the taking of a threatened or endangered species or any act which is now prohibited, or becomes prohibited in the future, under either the California Endangered Species Act(Hshand (�mrna[�odeeau�ons3D5Oio2OS7)orthe federal Endmn0eredSpacjee&ot(16US.��.' sections 1531bz1544). |[o^take^vvi|| result�Vmany act authohzadunder this bamn`'-m arytnanuher. the |iceneee shall obtain authorization for enincidental take prior tocommencing transfer ofwater. Licensee shall beresponsible for meeting all requirements of the applicable Endangered Species Act for the temporary transfer authorized under this Order. 10iremarv�juhod�Uontosupervise the bonofe� exchange and use ofvvatarunder this On1e� and to � - coordinate 'ormodify terms and conditions, for the protection ofvested riQhts, fish,wildlife, instneorn beneficial uses and the public interest aofuture conditions may warrant. ' STATE WATER RESOURCES CONTROL BOARD ' Victoria A. Whitney, Chief Division m'Water Rights ""ed.. ~~- - 12008 - � � �-