RSVP – MCWRA SYMPOSIUM – OCTOBER 26, 2018

September 20, 2018

It is…TIME TO RSVP for the next Mountain Counties Water Resources Association symposium

ANDY FECKO, DIRECTOR OF STRATEGIC AFFAIRS, PLACER COUNTY WATER AGENCY, TO MODERATE AFTERNOON PANEL DISCUSSION

Date: Friday, October 26, 2018

Doors open: 8:00 a.m.

Program:  8:30 a.m. – 2:45 p.m.

Location:  The Ridge Golf Course and Event Center, 2020 Golf Course Rd, Auburn, CA 95602

Click this link to RSVP

Featuring:

Brenda Burman, Commissioner

United States Bureau of Reclamation

 

The California Water Fix – Supply, Conveyance & Operation

 

Roger K. Patterson, Assistant General Manager

Metropolitan Water District of Southern California

 

 

 

Michael Patrick George

Delta Watermaster

 

Jim Watson, General Manager

The Sites Project Authority

 

Jason Peltier, Executive Director

Coalition for a Sustainable Delta

 

 

Andy Fecko, Director of Strategic Affairs

Placer County Water Agency

 

AGENDA FORTHCOMING

THANK YOU to our Associate Members for their sponsorship 

October 26, 2018 MCWRA Symposium Speakers Added

September 16, 2018

SAVE THE DATE for the next Mountain Counties Water Resources Association symposium

SPEAKERS ADDED – RSVP SOON

Date: Friday, October 26, 2018

Location:  The Ridge Golf Course and Event Center,

2020 Golf Course Rd, Auburn, CA 95602

Featuring:

Brenda Burman, Commissioner

United States Bureau of Reclamation

 

The California Water Fix – Supply, Conveyance & Operation

 

Roger K. Patterson, Assistant General Manager

Metropolitan Water District of Southern California

 

 

 

Michael Patrick George

Delta Watermaster

 

Jim Watson, General Manager

The Sites Project Authority

 

Jason Peltier, Executive Director

Coalition for a Sustainable Delta

 

Additional attendees to be announced!

SAVE THE DATE – MCWRA Water Symposium – October 26, 2018

September 7, 2018

SAVE THE DATE for the next Mountain Counties Water Resources Association symposium

Date: Friday, October 26, 2018

Location:  The Ridge Golf Course and Event Center,

2020 Golf Course Rd, Auburn, CA 95602

Featuring:

Brenda Burman, Commissioner

United States Bureau of Reclamation

 

The California Water Fix

Supply, Conveyance & Operation

 

Roger K. Patterson, Assistant General Manager

Metropolitan Water District of Southern California

 

 

 

Additional attendees to be announced!

Hundreds rally at the Capitol to  “Stop the Water Grab”

August 23, 2018

Last Monday, a rally at the Capitol steps led by Assembly Member Adam Gray, led the opposition to the state plan to divert 40 percent of flows from the Tuolumne, Merced, and Stanislaus rivers despite dozens of scientific studies showing there are alternatives that would do more to help fish populations

Assembly Member Adam Gray

 

 

The “Stop the State Water Grab” rally, attended by several hundred people from all parts of California, including from Mountain Counties, heard from several congressional representatives, state legislators, mayors, county supervisors and others all protesting the direction of the State Water Resources Control Board.

 

Congressman Doug LaMalfa

 

 

 

Congressman Tom McClintock

 

 

 

 

 

 

Congressman Jim Costa

 

 

 

 

 

 

 

 

Senator Jim Nielsen

 

 

 

Assembly Member James Gallagher

 

 

More pictures in the gallery

Modesto Bee:

Water plan will ‘decimate’ economy; hundreds converge at Capitol for protest

August 20, 2018 04:36 PM

SACRAMENTO

August 15, 2018

 

By John Kingsbury, Executive Director, Mountain Counties Water Resources Association

The State Water Resources Control Board (SWRCB) Bay-Delta Water Quality Release would mandate a minimum of 40% of “unimpaired flow” along the Stanislaus, Tuolumne and Merced Rivers each year from February 1 to June 30 for fish.  Look for the same percentage or more on the Sacramento system and tributaries. “Unimpaired flow” is a hydrology term for natural runoff of a watershed or waterbody that would have occurred prior to anthropogenic or human influences on the watershed.  This proposed application is fantasy, as not only do we have a highly altered watershed with dams and diversions, we have a highly altered Delta waterway that includes dozens of islands and over one-thousand miles of levees and diversions that will never return to pre-anthropogenic or human influenced conditions.

That said, a critical element missing from this “flow” discussion is the science developed by the Delta Independent Science Board (Delta ISB), created by the Delta Stewardship Council, a State agency established by the 2009 Delta Reform Act.

Click here for full opinion

Thanks to the Calaveras Enterprise, Mavens Notebook, Mountain Democrat, MyMotherLode.com, and the Union Democrat for printing the opinion.

King Fire, Georgetown forest projects funded with Cal Fire grant

August 16, 2018

Amid a record-setting fire season for California, Cal Fire awarded a $27.5 million grant last week to agencies throughout the region for projects to prevent catastrophic fires.

Announced Tuesday, Aug. 7 in a joint press release from local natural resource agencies, the grant will go to El Dorado, Placer, Nevada and Sierra counties. It is funded with proceeds from the state’s cap-and-trade program through a Cal Fire initiative.

Click here for the complete article

Rural Uses of Water: Why Watering in the WUI* Matters

August 5, 2018

By:  Barbara Balen, President, Mountain Counties Water Resources Association (MCWRA) & President, Tuolumne Utilities District (TUD)

There’s an old saying – if you’re not at the table, you’re on the menu.  When it comes to water conservation, Tuolumne County’s water has been on the State’s menu all along.   No matter how much we conserve, dry up our yards, speed up the flow through our county and de-water our fire-prone landscapes, the downstream appetite for water continues to grow.  It is now glaringly apparent that we were never intended to benefit from our efforts. In other words, we were on the menu all along.

One size does not fit all.  The state’s Making Conservation a Way of Life was written by and for Californian’s urban and coastal populations. For rural communities it translates into Making Rationing a Way of Life.  For urbanites, it’s all about limiting the use of treated drinking water for outdoor uses and rightfully so as it is an expensive commodity.  Hence, wasteful practices include hosing off sidewalks, driveways, and other hardscapes, automobiles with hoses not equipped with a shut‐ off nozzle, and watering lawns in a manner that causes runoff*.    In rural communities, run-off is not a waste but a benefit absorbing into gardens, orchards and recharging our wells and springs. With the exception of water transpiring through trees and evaporation, all mountain county water goes towards non-consumptive, outdoor benefit before flowing downstream for others to enjoy.  Costal and urban centers typically have no downstream beneficiaries; the next stop is the ocean.

The problem for those living in the Wildland Urban Interface (WUI) is the increasing fire danger when we de-water the landscape in the name of conservation. The water flowing through the Sierra has not yet been commodized.  Its efficiency is that it is a force of nature that works on our behalf with many economic, social and environmental benefits.  Abruptly drying up the environment is not a sustainable solution and goes way beyond fixing toilet leaks and hosing off sidewalks to increasing our risk of catastrophic fire and economic ruin. Specifically, it can have unintended consequences to trees, soil, and hydrated green vegetation. Conservation in rural terms includes slowing it down and sinking it for local benefit.   We either use it or lose it.

Strengthen local drought resilience.  We have three choices: green, brown or black.  Local control means strengthening drought resilience by choosing green and dedicating water to this end as a public benefit.  It is time the mountain counties define our rural uses of water and why watering in the WUI matters as part of strengthening local drought resilience.   It’s time that the state regulators recognize that rural uses have local and statewide benefits – it is not just about protecting aquatic species in the Delta.  Our rural economy and ecology depend on water flowing in the environment, reservoirs, stock ponds and creeks. This is where 65% of the state’s water comes from.  It’s time our region takes local control of our watershed and manage it to our benefit before we send it out of the county. We have a right to enjoy our water for all the same reasons others want us to forfeit it.

* Source:  Making Conservation a Way of Life

Members of Congress Propose Sweeping Reforms to the Endangered Species Act

August 1, 2018

Somach Simmons and Dunn, Attorneys at Law

July 24, 2018  |  Written by Jared S. Mueller

Several members of the House of Representatives have proposed bills seeking to reform the Endangered Species Act (ESA) before the end of this legislative session.  Enacted 45 years ago, the ESA was last amended in 1988.  With several targeted measures, the House Western Caucus’s “Bipartisan ESA Modernization Package” includes the following key changes:

  • H.R. 6356, the LIST Act, authorizes the Secretary of the Interior to promptly de-list currently endangered or threatened species based on scientific studies demonstrating that a species is recovered, while empowering states, researchers, and other groups to notify the United States Fish and Wildlife Service (USFWS) when recovery has occurred.
  • H.R. 6345, the EMPOWERS Act, requires federal agencies to consult states before making the decision to list a species, and to provide an explanation to such states to the extent that a decision deviates from the state’s findings or advice.
  • H.R. 6344, the LOCAL Act, declares clear statutory channels and codifies longstanding incentives for parties engaging in voluntary conservation activities by way of Species Recovery Agreements and Habitat Reserve Agreements.
  • H.R. 6355, the PETITION Act, reforms the listing petition process to protect against frivolous petition filing or “petition backlogs” subjecting the USFWS or the National Marine Fisheries Service (NMFS) to litigation.
  • H.R. 6364, the LAMP Act, permits the Secretary of the Interior to enter into cooperative management agreements with state and local governments, tribes, and other groups seeking to facilitate constructive interaction amongst stakeholders and federal agencies.
  • H.R. 6360, the PREDICTS Act, codifies agency regulations for Habitat Conservation Plans, Candidate Conservation Agreements with Assurances, and Safe Harbor Agreements in an effort to provide certainty and incentivize cooperation between public and private entities.
  • H.R. 6346, the WHOLE Act, requires consideration of all conservation measures prior to any federal actions, including actions undertaken outside of designated critical habitat.
  • H.R. 6354, the STORAGE Act, excludes from critical habitat designations limited reservoir and artificial water delivery land lacking characteristics that would contribute toward species recovery.
  • H.R. 3608, the Endangered Species Transparency and Reasonableness Act, requires data used by federal agencies for ESA listing decisions to be made publicly available and accessible through the Internet, while also requiring the USFWS to track, report, and make available online all funds spent responding to ESA litigation, the number of employees dedicated to litigation, and the attorneys’ fees awarded in the course of ESA litigation and/or settlement agreements.  This bill also caps the hourly rate awarded in ESA citizen suit litigation based on the Equal Access to Justice Act, which limits prevailing party attorneys’ fees to $125.00 per hour.

In addition to this activity in the House, Senate Environment and Public Works Chairman John Barrasso has proposed an overhaul package requiring greater input from states on listing and de-listing decisions, recovery goals, and habitat objectives.  Chairman Barrasso’s discussion draft bill, which was the subject of a committee hearing on July 17, 2018, also includes greater transparency in litigation, requiring publication of any ESA citizen suit complaint, notification of states and counties of any proposed settlements, and disclosure of attorneys’ fees paid to any person in connection with an ESA citizen suit.

If you would like copies of any of the bills or contact information for any of the sponsors, please contact Jared Mueller at jmueller@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.

Somach Simmons and Dunn, Attorneys at Law

State water plan could hurt local economy, officials say

July 31, 2018

By: Alex Maclean, The Union Democrat

A state plan to require an average of 40 percent unimpaired flows on the Stanislaus, Tuolumne, and Merced rivers could have dire socio-economic consequences for the people of Tuolumne County, according to local officials.

District 5 Supervisor Karl Rodefer, chairman of the county’s Water Policy Committee, said he’s seen surveys that have suggested water recreation drives as much as 80 percent of tourism in the county.  “It will cripple our economy up here if it goes through,” Rodefer said of the plan.

Assemblyman Adam Gray, D-Merced, blasted the plan in a strongly worded press release that called it “the first shot fired in the next chapter of California’s water wars” and vowed that “decades worth of lawsuits are about to begin” if the state “continues to violate principles of good faith.”

Barbara Balen, president of the TUD Board of Directors, said she’s also concerned about the environmental consequences of “dewatering the Sierra Nevada,” especially when it comes to fire protection. “I want every single stock pond and every pot of irrigation or raw water be partially dedicated to fire protection,” she said. “I would hate for the district to be liable if we ran out of water to fight a fire in the WUI (Wildland Urban Interface).”

Link to the Union Democrat article:

https://www.uniondemocrat.com/localnews/6401627-151/state-water-plan-could-hurt-local-economy-officials

Department of Interior blasts state water plan

July 30, 2018

Updated July 29, 2018 04:15 PM

On the day of Zinke’s visit to Don Pedro and New Melones, Dennis Mills, a member of the Calaveras County Board of Supervisors, sent a letter to President Trump imploring his administration to step in. He, too, pointed to the impacts the plan would have on New Melones.

“Simply put,” he wrote, “this proposal places a higher value on fish than people!”

Click here for more from the Modesto Bee

County Calaveras Supervisor sends letter to President Trump

Dennis Mills, Supervisor 4th District

 

Dear Mr. President:

I am writing to you on behalf of thousands of California citizens, farmers, business leaders, and even conservationists who are strongly opposed to a plan by the California State Water Resources Board to drain our reservoirs in a vain attempt to save a few fish. Simply put this proposal places a higher value a fish than people!  After extensive opposition presented in numerous hearings in the Central Valley of California, the State Water Board remains committed to their plan which would remove as much as 50% of water flowing out of our Sierra rivers and sending it out the Golden Gate in order to improve habitat for a small number of salmon.

We believe that your administration should take steps to stop this policy since a large amount of water is the property of the United States Government. For example, about 85% of the water in the New Melones Reservoir, operated by the Bureau of Reclamation, is the controlled of the United States. The remainder of the water is the property of the Tri-Dam Joint Powers Authority. I understand 100% of the water in Lake Shasta is the property of the United States Government.

I am writing to ask you to take executive action through the Department of Interior and other agencies to refuse to release any federal water for these ridiculous environmental purposes which put citizens and local economies at risk.

Click link for complete letter:  Supervisor Mills letter to President Trump

MCWRA Provides Comments on Bay-Delta Framework

July 27, 2018

On July 27, 2018, the Mountain Counties Water Resources Association (MCWRA) sent a comment letter to the State Water Resources Control Board and expressed significant concerns related to the their staff’s development and public release of the Framework on July 9, 2018.

John Kingsbury, Executive Director, MCWRA

I write on behalf of Mountain Counties Water Resources Association (MCWRA) which represents the headwaters, forests and water supplies so critically important to the counties, cities and water districts/agencies that have long depended upon the water resources of the Sierra Nevada….

…The unimpaired flows would impose unique hardships and significant impacts on foothills and mountain communities.  This is not understood by many of those who do not live or work in the foothills and the headwaters of California. The adoption of this Framework will penalize rural disadvantaged communities in the Mountain Counties, increase fire-prone vegetation, exacerbate tree mortality and the risk of catastrophic fire in the Wildland Urban Interface (WUI), degrade air quality, and increase ground temperature.  As presently constituted, this Framework will harm the residents, wildlife, aquatic plants and fish species, endangered species, and the overall health of the Sierra Nevada environment.  A wrong decision that results in curtailing rural water usage that is inextricably integrated within the natural environment, is a failure to understand the value of this water being kept in circulation, its role in decreasing the risk of catastrophic fire, and the potential long-term costs to the state for impairing its water sources.

The letter discusses several examples of significant concerns with the proposed Framework and calls for Water Board leadership to retract the proposed Framework.

  • Increased Risk of Catastrophic Wildfires
  • Impacts to Hydroelectric Generation and the Energy Grid
  • Lack of Groundwater or other Readily Available Alternative Water Supplies
  • Impacts to Recreational Facilities and Opportunities
  • The Human Right to Water
  • The Mountain Counties ARE the Area of Origin

Addressing the SWRCB…Your leadership is requested to retract this staff Framework and reset the path we are on.  While instream fishery needs are certainly important and worthy of reasonable protection, so too are all other beneficial uses in the mountain counties region.

Click link for letter to the SWRCB:July 27 Comment Letter – SWRCB

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