Precipitation in California is highly variable, which can lead to extreme drought and forced conservation, or extreme precipitation and flooding. Unfortunately, there is not adequate water storage capacity to buffer both extremes. Boosting capacity and improving conveyance have so many benefits, including more reliable drinking and irrigation supplies; improved flood protection; carbon-free hydropower generation; timelier, colder water flows for fish, especially threatened and endangered species; environmental enhancement; and recreational opportunities that serve our growing population and boost local economies. In times when a crisis is a shame to waste, there are those who obsess with permanent conservation and environmental regulations while more fresh water flows through the Golden Gate into the Pacific Ocean….

More on this from the Modesto Bee

Written for the Modesto Bee

Fire Risk High in North Bay Saturday Morning, in Valley and Sierra Foothills Saturday Night

Potential Timing and Locations for Mountain Counties member agencies

For the Sierra foothills, there is the potential for a Public Safety Power Shutoff affecting about 21,000 customers starting around 9 p.m. on Saturday with the peak period of fire risk lasting until 10 a.m. on Sunday.

Areas where power might be shut off:

Yuba County: Portions of Browns Valley, Oregon House, Marysville, Wheatland, Rackerby

Nevada County: Portions of Auburn, Grass Valley, Smartville, Rough and Ready, Penn Valley

El Dorado County: Portions of Pilot Hill, Greenwood, Georgetown, Cool

Placer County: Portions of Lincoln

For the more on the PG&E News Release click here

PG&E’s 2019 Wildfire Safety Plan; Additional Safety Precautions and Significantly Expanded Public Safety Power Shutoff Program

The safety plan marks an expansion of safety precautions PG&E began implementing in 2017 and 2018 to address the growing threat of extreme weather and wildfires across its service area.

Click the link for the 2019 Wildfire Safety Plan to the California Public Utilities Commission.

Provided by PCWA eNews Service

June 4, 2019  |  Written by Lauren D. Bernadett

District Court Remands WOTUS Rule to Federal Agencies in Texas v. U.S. Environmental Protection Agency

A federal district court in Texas remanded the Obama-era rule defining “waters of the United States,” commonly referred to as “WOTUS,” to the federal agencies that published the rule.  The district court remanded the WOTUS rule based on a violation of the Administrative Procedure Act, and in doing so did not directly evaluate the rule’s merits.

The Clean Water Act dictates much of how water is regulated in the United States.  The Clean Water Act prohibits discharges of pollutants into navigable waters, and defines navigable waters as the waters of the United States.  Because the Clean Water Act itself fails to define waters of the United States, the Army Corps of Engineers (Army Corps) defined the term, which was then the subject of several U.S. Supreme Court decisions including the well-knownRapanos v. United States case.  Today, federal circuit courts still disagree on how to interpret the phrase “waters of the United States” under the Clean Water Act.

The U.S. Environmental Protection Agency (EPA) and the Army Corps undertook the rulemaking process under the federal Administrative Procedure Act in an attempt to clear the confusion around the definition.  At about the same time as the rulemaking, the EPA was working on a report addressing the connected nature of the country’s water.  This report served as the technical basis for the new WOTUS rule.  When the agencies proposed the new rule in 2014, the rule used ecologic criteria to define what it means for waters to be “neighboring,” which is one of the terms in the definition of “adjacent.”  What qualifies as adjacent is important because water that is adjacent to a categorically regulated body of water is subject to the agencies’ jurisdiction.  The proposed WOTUS rule, including ecologic criteria for the term “neighboring,” was open for public comment for several months.

After the public comment period closed on the proposed WOTUS rule, but before the EPA and Army Corps finalized the rule in 2015, the EPA issued the final version of the report on water connectivity.  The WOTUS rule was never open for comment after the final report was issued.  When the agencies published the final WOTUS rule, they used a numeric, distance-based criteria to define what it means to be a neighboring water, instead of ecologic criteria as used in the proposed WOTUS rule.

Plaintiffs in Texas v. U.S. Environmental Protection Agency, No. 3:15-CV-00162 (S.D. Tex. May 28, 2019), which included several private entities and three states, moved for summary judgment to vacate the final WOTUS rule based on violations of the Administrative Procedure Act, the Clean Water Act, the Commerce Clause, and the Tenth Amendment to the United States Constitution.  The district court explicitly declined to decide the case on substantive grounds, and analyzed the arguments under the Administrative Procedure Act only.

The Administrative Procedure Act requires the final rule to be a logical outgrowth of the proposed rule that interested parties should have been able to anticipate.  The district court found that the final rule was not a logical outgrowth and could not have been anticipated, and that comments regarding this change would have been “significantly and substantively different” if commenters had known of the change.  Switching from ecological criteria to distance-based criteria was a substantial enough change that it altered the rule’s jurisdictional scope.  Accordingly, the district court held that the final WOTUS rule violated the Administrative Procedure Act and remanded the rule on that ground alone.

The EPA and the Army Corps were already working on revising the WOTUS rule before Texas v. U.S. Environmental Protection Agency was decided.  Consequently, the district court’s decision will not likely have a great impact on the federal government’s current course, but will serve as a reminder of proper procedural protocol under the Administrative Procedure Act.

For additional information on this topic please contact Lauren Bernadett at lbernadett@somachlaw.com.

Somach Simmons & Dunn provides the information in its Environmental Law & Policy Alerts and on its website for informational purposes only.  This general information is not a substitute for legal advice, and users should consult with legal counsel for specific advice.  In addition, using this information or sending electronic mail to Somach Simmons & Dunn or its attorneys does not create an attorney-client relationship with Somach Simmons & Dunn.

This two-day course will introduce you to immediate and short-term hydrologic impacts of fire on infiltration, runoff sedimentation and erosion. The course will also provide introduction to planning considerations and funding for recovery and mitigation.

For more information click here

Get to know the MCWRA Associate Members and the services they have to offer MCWRA Executive Members

The website has been updated.  We are excited to showcase MCWRA Associate members and the services they can provide to the Executive Membership.  Just click on the Members dropdown menu on the website or here Members Page or the Members Helping Members Page

The Executive Membership now has full access to a suite of services that the Associate members can deliver to meet project needs.  Click a page to identify services provided by major category:  Water Resources – Environmental Services – Financial Services – Legal Services –  Other, and drill down into over 30 specialized services.  A brief introduction, a link to their website or click to view a “snapshot” of all the members and services combined.

MCWRA Associate Members Rock!

A Pollock Pines-based group has filed a lawsuit seeking to prevent EID from piping a section of its vital raw water conveyance system. The unlined Upper Main Ditch conveys raw water approximately three miles from Forebay Reservoir in Pollock Pines to EID’s Reservoir 1 Water Treatment Plant.

Contact: Jesse Saich, (530) 642-4127, jsaich@eid.org
FOR IMMEDIATE RELEASE

Placerville, Calif. — A Pollock Pines-based group has recently filed a California Environmental Quality Act (CEQA) lawsuit seeking to prevent El Dorado Irrigation District from piping a section of its vital raw water conveyance system.

The unlined Upper Main Ditch conveys raw water approximately three miles from Forebay Reservoir in Pollock Pines to EID’s Reservoir 1 Water Treatment Plant.

The water that travels through the Main Ditch is used to serve a significant portion of EID’s more than 41,000 water service accounts (representing more than 100,000 people) from Pollock Pines all the way to Cameron Park and El Dorado Hills. Water sold to the City of Placerville also travels through the ditch.

The project’s primary goal is to safeguard the health and safety of the EID customers who rely on the water. Piping this section of the ditch system will reduce levels of coliform bacteria (including E. coli) and greatly reduce turbidity (suspended particulates) in the raw water before treatment.

“The drinking water that is produced at the water treatment plant is completely safe to drink.  However, it is EID’s obligation to continue to meet increasingly stringent regulatory standards and avoid costly treatment upgrades whenever possible by protecting the quality of the source water prior to treatment,” said EID Operations Director Dan Corcoran. “It is an industry best management practice to prevent source water contamination and we can help accomplish that by installing a piped conveyance and preventing contaminants in the ditch from septic tanks or storm water from impacting our treatment plant.”

In addition, the pipe will avoid an average water loss of 1,800 acre-feet (more than 500 million gallons) of usable water supply each year that would otherwise be lost to seepage and evapotranspiration. Instead, this water would be available to offset the costs of the project by generating clean hydropower and provide additional non-rate revenue for the District or be available for the consumptive needs of customers.

“The District is sympathetic to the adjacent landowners who have enjoyed the aesthetic qualities of an open water conveyance,” said EID General Manager Jim Abercrombie. “In fact, EID personnel met with and heard from the landowners a number of times and worked with them to make changes to the proposed project to address some of their concerns—even though such changes have increased the cost of the project.”

“Unfortunately, the District could not meet its project objectives while continuing to leave water in the ditch at the expense of the District’s other customers.  EID’s Board of Directors directed staff to defend the lawsuit. EID is confident that the environmental impact report is fully compliant with CEQA. After the lawsuit is resolved, EID hopes to move forward with the project for the benefit of all our customers.”

To receive email notification about news releases or other important information related to EID, sign-up for eNews.

CCWD to Hold Reach 1 Pipeline Replacement Project Town Hall June 5

The Calaveras County Water District is holding a town hall meeting at 5:30 p.m. Wednesday June 5 at Mountain Christian Fellowship at 3488 Highway 4 in Murphys to discuss the Reach 1 Pipeline Replacement Project. The project will replace a water transmission main line that stretches between Avery and Forest Meadows. The public are welcome attend the meeting to learn more about the project and ask questions. Click for more

PCWA Awards Eight Grants to Placer County Public Water Purveyors – $165,000

AUBURN, Calif. (May 21, 2019) — The Placer County Water Agency (PCWA) Board of Directors awarded eight grants totaling $165,000 to six public water purveyors at its meeting on May 16. The grants, funded through PCWA’s Financial Assistance Program, are supported, in part, through property taxes and assist Placer County special districts on projects that align with PCWA’s guiding principles of its County-Wide Master Plan. These principles include safe and reliable drinking water service, water resources stewardship, and water infrastructure reliability. The 2019 grant recipients were selected based on staff recommendations and are included below along with a brief description of each project: Click for more

AMADOR WATER AGENCY TANNER WATER TREATMENT PLANT & BACKWASH RECYCLING FACILITY DEDICATION

PHOTO:  AWA Board of Directors and guests dedicated a new water conservation project at the Water Agency’s Tanner Water Treatment Plant. Left to right: AWA Directors Art Toy, Rich Farrington, Susan Peters and Board President Paul Molinelli, Jr.. Back row: AWA General Manager Gene Mancebo, Director Gary Thomas, Jason Preece (CA Dept. of Water Resources), and John Kingsbury (Mountain Counties Water Resources Assoc.).

(Sutter Creek)  Amador Water Agency Board of Directors and guests dedicated a new recycling plant that will conserve up to 67 million gallons of water per year at the AWA Tanner Water Treatment Plant on Ridge Road in Sutter Creek.

The newly completed Tanner Backwash Recycling Plant recycles 90% of the filter backwash water and returns it to the headworks of the Tanner Water Treatment Plant, conserving over 180,000 gallons per day.

Backwashing refers to pumping water backwards through water treatment plant filters so that the filter media can be cleaned and reused. Historically, spent backwash water from the Tanner Water Treatment Plant was discharged to a pond and the former Ione Canal to evaporate or seep into the ground.

The Tanner Water Treatment Plant provides drinking water to Martell and the cities of Amador City, Sutter Creek, Jackson and Plymouth. This is the third AWA project for recycling backwash water since 2016. The others were added to AWA’s Ione and Buckhorn Water Treatment Plants. The three plants combined will save 120 million gallons per year.

The recycle plant is located at the existing AWA Tanner Water Treatment plant site and does not increase water treatment plant capacity, but it does reduce the amount of water diverted from the Mokelumne River. Recycling the backwash water is just one way that AWA can provide for future water demand.

Construction for the recycling plant was paid for by a $4,097,995 grant from California Department of Water Resources that does not have to be paid back. The Agency provided $65,000 towards the project.

MDS Engineering & Construction Inc. was the contractor on the project.

The Tanner Backwash System – How it all works

FUNDING OPPORTUNITIES NEWSLETTER

June & July 2019

Funding Research Memos for fuel reduction, parks and trails, habitat preservation, environmental education, and other program areas are available on the SNC funding opportunities webpage. This is a great way to find funding opportunities for your projects!

Upcoming Grants That Might be of Interest:

• US Environmental Protection Agency Recreation Economy for Rural Communities Program (due May 31) helps communities develop strategies and an action plan to revitalize their Main Streets through outdoor recreation.
• Clif Bar Family Foundation Small Grants (due June 1) support efforts to protect the earth’s beauty and bounty, create a robust and healthy food system, increase opportunities for outdoor activity, reduce environmental health hazards, and build stronger communities.
• The Bella Vista Foundation Ecosystem Restoration Grant Program (due June 28) focuses on protecting, restoring, and revitalizing high-priority watershed ecosystems in California, including Truckee River, Yuba/Bear/American, and the North Fork Feather River watersheds.
• The California Fire Safe Council Competitive Grants Program (due June 5) supports fire prevention activities, including training, planning, hazardous fuels treatments, and fire prevention education programs.
• USDA Rural Community Development Initiative Grants (due June 10) develop the capacity of community development organizations, low-income rural communities, and federally recognized Native American tribes to undertake projects related to housing, community facilities, or community and economic development in rural areas.
• The National Forest Foundation’s Matching Award Program (due June 13) provides funds for direct, on-the-ground projects that benefit National Forests and enhance outdoor experiences, forest and ecosystem health, and local community engagement in caring for public lands.
• CA Natural Resources Agency Environmental Enhancement and Mitigation Grants (due June 17) can fund the acquisition, restoration, or enhancement of resource lands to mitigate the loss of, or detriment to, resource lands from new transportation projects.
• US Department of Agriculture Farmers Market Promotion Program Grants (due June 18) provide assistance in developing farmers’ markets, roadside stands, community-supported agriculture programs, agritourism activities, and other direct producer-to-consumer market opportunities.
• The CA Natural Resources Agency Green Infrastructure Program (due June 28) provides funding for multi-benefit green infrastructure investments, including community parks, green spaces, and other natural systems.
• The NPS Rivers, Trails, and Conservation Assistance Program (due June 30) has a network of conservation and recreation planning professionals that help community groups, nonprofits, tribes, and state and local governments design trails and parks, conserve and improve access to rivers, protect special places, and create recreational opportunities.
• North American Wetlands Conservation Act (NAWCA): U.S. Standard Grants (due July 3) fund projects that increase bird populations and wetland habitat, while supporting local economies and American traditions, such as hunting, fishing, birdwatching, family farming, and cattle ranching.
• The Rose Foundation for Communities and the Environment: Northern California Environmental Grassroots Fund (due August 1) provides modest general support grants to small grassroots organizations that address tough environmental problems, such as toxic pollution, sustainable agriculture, climate change, environmental degradation of rivers and wild places, and the environmental health of communities.
• The California Statewide Parks Program (due August 5) provides funding to create new parks and new recreation opportunities in critically underserved communities across the state.
• The Wildlife Conservation Board Monarch Butterfly and Pollinator Rescue Program Grant (rolling) supports projects that aid in the recovery and sustainability of populations of monarch butterflies and other pollinators.

Your SNC Area Representative can help you set up an individual consultation with the SNC Funding Team to get advice about specific funding opportunities or general fund development strategies. To take advantage of this resource, contact your Area Representative.

Grant Writing Workshops are available to help build the capacity of organizations that serve the Sierra Nevada Region. If you are interested in organizing or attending a workshop, contact your Area Representative.

Sierra Nevada Conservancy website

MCWRA is pleased to introduce and welcome new members!

Murphys Sanitary District, (MSD) provides sewer collection and treatment services to residential and commercial businesses within the MSD’s  boundaries. MSD was organized in 1959 under Division VI of the California Health and Safety Code. The District covers an area of approximately 4 square miles and has a population of approximately 2,200 people.

MSD is considered a “Special District” with governing board consisting of  five Directors  The District operates on an approximately $1,000,000 annual budget.

For more on Murphys Sanitary District, click here

NV5 provides engineering and consulting services to public and private sectors, delivering solutions through five business verticals: Construction Quality Assurance, Infrastructure, Energy, Program Management, and Environmental. With offices nationwide and abroad, NV5 helps clients plan, design, build, test, certify, and operate projects that improve the communities where we live and work.

For more on Nolte Vertical Five, click here

Engineering and infrastructure firm Gannett Fleming has acquired SAGE Engineers Inc; a former longtime Associate MCWRA member.  Gannett Fleming will continue the SAGE membership as an Associate member.

Gannett Fleming delivers planning, design, technology, and construction management services for a diverse range of markets and disciplines.  They have played a part in shaping infrastructure and improving communities in more than 65 countries, specializing in transportation, environmental, water, energy, and facility related projects.

For more on Gannett Flemming, click here