HomeMy WebLinkAbout21-196ARESOLUTION CERTIRq|NG THE ALTERNATIVE POINT OFDIVERSION
OF NON -PROJECT WATER MEETS THE CRITERIA FOR A NOTICE OF EXEMPTION
WHEREAS, the Board of Supervisors entered into a water conveyance agreement with California Water Service
Company and the Department ofWater Resources mf the State ofCalifornia for the delivery ofNon-Project Water (PG&E
water) through Lake UnmviOe in, accordance with the terms of the County ofButte's State Water Project (SVVP) Water
Supply Contract imNovember 2Q17;and
WHEREAS, omNovember 14, 2017,the Board of Supervisors adopted Resolution 17-193 which:
A. Certified that the Board has reviewed and considered the Negative Declaration for the Redirected Contract
PG&E Water from the Miocene Canal to the Thermalito Power Canal (Negative Declaration) prepared by CWS
/S[H#2017092024t
8. Declared that the Board finds the Negative Declaration to be adequate for the purpose of entering into the
conveyance agreements with DVVRand CWS;
C. Stated that the Board finds that there are no significant impacts, within the jurisdiction of the Board of
Supervisors identified inthe Negative Declaration;
D. Asserted that there is no need for the Board of Supervisors to modify the conveyance agreements to mitigate
any potential impacts;
E. Authorized the Clerk mf the Board toprepare and file aNotice ofDetermination; and
WHEREAS, the Camp Fire destroyed Upper sections of the Miocene Canal system which was part of the
conveyance that delivered the PG&E water to Lake Oroville; and
WHEREAS, the spi|lgatelocated approximately 1/0OOfeet downstream from the Upper Miocene Head Dam isan
existing facility that has provided and vvVu|d con1h0me to provide an alternative point ofdiversion for delivering PG&E
water from the Upper Miocene, Canal into the West Branch of the Feather River and Lake OroviUe; and
WHEREAS, Department staff executed two letter agreement amendments with DWR: the first amending the
original conveyance agreement to provide for the emergency and temporary diversion mfnun'project water to Lake
Orov|Ue from the spiUQate and a second amendment allovvioA for the conveyance ofa,n additional 50 acre-feet of non -
project water in 2020, totaU|nQ up to 38,050 acne -feet, and a reduction of5Oacre-feet of non -project water for 2021,
totaling upto2,95Uacne-feet; and
WHEREAS, without this alternative point of diversion, a disruption of the California Water Service water supply
for the City of Oroville would result; and
WHEREAS, without an alternative point diversion, California Water Service would lose aclean, reliable portion of
their water supply; and
WHEREAS, disruption of the water suipply for the City of Oroville would result in a risk to public health, safety and
WHEREAS, the California Environmental Quality Act, through a Notice of Exemption, provides for o Categorical
Exemption fortheoperation and use ofexistimgfaciKtiesinvolving negligible ornVeopansiVnofexistingfadUbestoprovide
public services; and
NOW, THEREFORE, BE IT RESOLVED, that the Butte County Board of Supervisors hereby certifies that the use of
the existing facilities and point ofdiversion meets the criteria for a Notice ofExemption pursuant toPublic Resources Code
section 15301(b);
PASSED AND ADOPTED bythe Butte County Board of Supervisorsthis 14"dayof December, 2021, bythefoflowing
AYES: Supervisors Ritter, Kimmmelshme,Teeter and Chair Connelly
NOES: None
4BSENTzNone
NOT VOTING: Su[emborLucern
Bill Connelly, Chair
Butte County Board of Supervisors
ATTEST*
Andy Pickett, Chief Administrative Officer
d U knf he Board of Supervisors