The State Water Board is advancing a rulemaking that would prohibit certain wasteful water use practices.  In response to public comments, the State Water Board is initiating an additional 15-day public comment period commencing on January 31^st, 2018.

The notice and changes to the proposed regulatory text are attached and available on-line and at the link below:

https://www.waterboards.ca.gov/water_issues/programs/conservation_portal/regs/wasteful_water_uses.html

There will be an adoption hearing on February 20, 2018 during the board meeting, which begins at 9:30 am.  For more information, please see the February 20th Board Meeting Agenda: https://www.waterboards.ca.gov/board_info/calendar.

Previous Comments

O’Laughlin & Paris LLP – Tim O’Laughlin

The San Joaquin Tributaries Authority (“SJTA”) reviewed the State Water Resources Control Board’s (“State Water Board” or “SWB”) proposed rulemaking to establish California Code of
Regulations, title 23, division 3, chapter 3.5 on Conservation and the Prevention of Waste (hereinafter the “Proposed Regulations”). The Proposed Regulations prohibit certain uses of water in the name of conservation by determining that specific uses of water are wasteful and unreasonable. The unreasonable use doctrine is the wrong tool to promote water conservation. The misplaced reliance on unreasonable use results in several fundamental problems for the Proposed Regulations. These problems include, but are not limited to, the Proposed Regulations are outside the authority of the State Water Board, the Proposed Regulations cannot be used to achieve conservation, the Proposed Regulations mischaracterize conserved water, and the Proposed Regulations fail to achieve their intended purpose. For these reasons the SJTA requests the State Water Board revise the Proposed Regulations to align with the legal authority, jurisdiction, and policy of the State….

Conclusion
The SJTA supports water conservation. However, the Proposed Regulations are outside the SWB’s jurisdiction and unlawfully rely on the Reasonable Use Doctrine. For these reasons, the SJTA
requests the SWB revise the Proposed Regulations to be consistent with established law and the policies of water conservation.

Click Link for Letter from Tim O’Laughlin:  tim_olaughlin

ELLISO SCHNEIDER HARRIS & DONLAN LLP
Robert E. Donlan for SFPUC
HANSON BRIDGETT LLP
Nathan A. etca f for AWSCA

… SFPUC and BAWSCA strongly oppose the Regulation to the extent it relies on the Reasonable Use Doctrine to declare certain water uses and practices per se “wasteful and unreasonable” by means of a permanent statewide regulation. Such a regulation is contrary to law, inequitable to water right holders affected by the Regulation, and contrary to the current State policy of encouraging water conservation without impacting water rights….

Click link for letter from Robert Donlan and Nathan Metcalf:  robert_donlan

Offices of John S. Mills

I am submitting these comments on behalf of the El Dorado County Water Agency (ECWA) and the Calaveras County Water District (CCWD). ECWA’s member agencies include: a) the South Tahoe Public Utilities District; b) the County of El Dorado; c) the Georgetown Divide Public Utilities District and; d) the El Dorado Irrigation District….As water rights holders and
public agency suppliers, they have a direct and vested interest in SWRCB determinations of what constitutes a wasteful and unreasonable use of water under the authority of Article X, Section 2, of the California Constitution.

…We therefore urge the Board to not adopt the regulations as written and specifically any universal finding that water use in such small amounts be determined to be individually
and cumulatively significant as to the point of invoking the Constitutional provisions regarding waste and unreasonable use.

Click link for letter from John Mills:  john_mills

At its meeting earlier this month, the Mountain Counties Water Resources Association Board of Directors elected its officials, set its Board of Directors meeting schedule, and made two appointments.

Left to Right: Jim Holmes, Brian Oneto, Scott Ratterman, Mike Ranalli, Barbara Balen, Mike Lee, Neil Cochran

Board of Directors

Barbara Balen – President

MCWRA Director: 2017 –

Current Term Expires: December 2020

Director, Tuolumne Utilities District (TUD)

Mike Ranalli – Vice President

MCWRA Director: 2017 –

Current Term Expires: December 2020

Supervisor, County of El Dorado/El Dorado County Water Agency (EDCWA)

Neil Cochran – Treasurer

MCWRA Director: 2016 –

Current Term Expires: December 2018

Director, Foresthill Public Utility District (FPUD)

APPOINTMENTS

Randy Hanvelt, Supervisor, County of Tuolumne

Appointed to the MCWRA Governance Committee

DaveBreninger, Retired, General Manager, Placer County Water Agency & MCWRA Ambassador

Appointed to MCWRA Governmental and Legislative Committee

MCWRA Board of Director meetings are held as needed, generally every month, and rotated through the counties of its members.  Unless otherwise noted, meetings start at 10:30 a.m.

Questions, call John Kingsbury @ 530.957.7879

January 19, 2018

March 16, 2018

May 18, 2018  

July 20, 2018

September 21, 2018

November 16, 2018

By:  John Kingsbury, Executive Director, MCWRA and Urban Water Institute Board Member

On behalf of Greg Quist, Urban Water Institute Chairman and my fellow Board members, I would like to invite you to the Urban Water Institute upcoming conference in Palm Springs, which takes place February 7-9, 2018.

The conference will feature mountain counties participation from Tom Haglund, General Manager, Tuolumne Utilities and Rem Scherzinger, General Manager, Nevada Irrigation District

Program Agenda, click link:  https://www.urbanwater.com/program-agenda/

Conference Registration, click link:  https://www.urbanwater.com/conference-registration/

Greg Quist, Chairman, Urban Water Institute
So much is changing around us as water managers, governing officials, and expert consultants.  We have a completely different Federal landscape in Washington; during the last drought the California State Water Resources Control Board for the first time required mandated statewide delivery reductions for M&I customers; water utilities are facing crumbling infrastructure while dealing with tight budgets. Given this dynamic water world, the UWI Program Planning Committee has done another outstanding job in pulling this conference together around the theme “Who’s in Control?”

I invite each of you to take time to attend and participate, and I suggest you also bring one or two colleagues.

Just a sampling of our program and range of topics:

• A special address by Senator Bob Hertzberg, Chairman of the Natural Resources and Water Committee in the State Senate
• What is the Future of Dams in California?
• The Affordable Water Rates and the Water Rate Payer
• Unintended Consequences of the most Epic Drought in Recorded History
• Dr. Jerry Schubel, CEO & President of the Aquarium of the Pacific who will address Climate Change & It’s Impact on Water Supply
• A California Multi-Agency Analysis of the Relationship between Water Sales and Pricing During the Drought
• A unique City View from the top on the Control of Water
• How is Conservation going to be a way of life?
• What’s Going on with the Salton Sea?

There’s a wealth of experience and insight to be shared with our conference participants.

Greg Quist
Chairman

Urban Water Institute

Program Agenda, click link:  https://www.urbanwater.com/program-agenda/

FOR IMMEDIATE RELEASE

Contact: Jesse Saich, Public Information Officer, (530) 642-4127, jsaich@eid.org

General Counsel, Brian Poulsen, appointed chairman of Association of California Water Agencies’ (ACWA) State Legislative Committee

Placerville, Calif. — On January 3, 2018, EID General Counsel, Brian Poulsen, was appointed as chairman of the Association of California Water Agencies’ (ACWA) State Legislative Committee.

ACWA is the largest statewide coalition of public water agencies in the country. Its more than 430 public agency members collectively are responsible for 90 percent of the water delivered to cities, farms, and businesses in California.

The 40-member State Legislative Committee is comprised of four members from each of ACWA’s 10 regions (EID is in Region 3) and sets official state legislative policy positions on behalf of the association.

ACWA State Legislative Relations Department advocates and analysts review relevant introduced and amended legislation and create policy analyses with accompanying recommendations. The committee reviews this information and approves positions on the legislation. The committee also provides recommendations to the ACWA Board of Directors on ballot measures and other major statewide policy issues.

“Brian’s leadership in this committee solidifies EID’s place at the statewide table regarding legislation that could affect our ratepayers,” said EID General Manager Jim Abercrombie. “Brian’s expertise in California water law and his position within this influential committee is a benefit to EID and its ratepayers.”

In addition to the State Legislative Committee, Poulsen also serves on ACWA’s Legal Affairs Committee.

“I’m pleased to take up this honor,” said Poulsen. “ACWA’s committees are peopled with diverse members from all corners of California.  The State Legislative Committee includes some of the brightest and most talented public servants in our industry and I’m proud to represent our region and add our collective voice to the mix.”

For more than a century, ACWA’s mission has been to help its members promote the development, management, and use of good quality water at the lowest practical cost and in an environmentally responsible manner.

ACWA serves the water industry and the public by promoting local agencies as the most efficient means of providing water service; sharing reliable scientific and technical information; tracking and shaping state and federal water policy; advocating for sound legislation and regulation; and facilitating cooperation and consensus among all interest groups.

Cal OES grant program has opportunities for California wildfire mitigation projects

The Cal OES Hazard Mitigation Grant Program has funding available for projects related to last October’s wildfires in California. To be eligible for the funding, a notice of interest (NOI) must be submitted by Tuesday, Jan. 30. The NOI form and instructions are available on the program’s website.

U.S. Bureau of Reclamation has announced two funding opportunities through its WaterSMART program

The first would fund projects that increase water management flexibility and improve the resiliency of water resources. The other would provide up to $200,000 for efforts to develop a drought contingency plan.

Forestry grants made available through two CAL FIRE programs

CAL FIRE has started a new round of grant program funding.  The Forest Health Grant Program will accept concept proposals through Feb. 21 for projects that help reduce greenhouse gases and protect watersheds. And, the Urban and Community Forestry Program will accept proposals through Feb. 26. It works to mimic forest conditions in neighborhoods.

______________

For more information on these funding opportunities, click the Department of Water Resources (DWR) website link:  http://www.water.ca.gov/waterplan/docs/enews/2018/cwp_e-news011018.pdf 

In Support of Legislation to Protect Hydroelectric Generation and Transmission Facilities, Located in Federal Watersheds, from the Threat of Catastrophic Wildfires

Resolution 17-05
Sponsors: Placer County Water Agency; Northern California Power Agency

Under Section 10(e)(1) of the Federal Power Act, the Federal Energy Regulatory Commission (FERC) assesses annual charges for federal land use by hydropower project licensees.  In 2015, FERC collected approximately $11.5 million.  After FERC collects the fees, they are allocated 12.5 percent to the U.S. Treasury, 50 percent to the federal reclamation fund, and 37.5 percent to the states in which the projects are located.  There is no direct nexus to the collection of these charges and active management of the federal lands where the hydropower projects are located.

Read More:  https://www.publicpower.org/policy/protect-hydroelectric-generation-and-transmission-facilities

Sierra Nevada Conservancy

FUNDING OPPORTUNITIES NEWSLETTER

February-March 2018

Elissa.Brown@sierranevada.ca.gov 

Upcoming Grants that Might be of Interest:

• The CA Department of Parks and Recreation Recreational Boating Facility grants (due February 1) assist with the development and improvement of marinas and boat launching facilities and associated parking areas, restrooms, and lighting.
• The Clarence E. Heller Charitable Foundation grant program (due February 1) includes a category for Environment and Health, which encourages regional planning integrating economic and social goals with sound environmental policies.
• The CA State Parks Land and Water Conservation Fund (due February 5) supports the acquisition or development of land to create new outdoor recreation opportunities for the health and wellness of Californians.
• State Water Resources Control Board Nonpoint Source Grants (due February 8) can fund projects to minimize degradation of water quality in areas that have been impacted by 2017 fires. Also included are riparian fuel management, fuel reduction and/or post fire rehabilitation.
• The Bureau of Reclamation Water SMART program (due February 13) supports projects that increase the reliability of water supplies; improve water management; and provide benefits for fish, wildlife, and the environment to mitigate impacts caused by drought.
• Strong Foundation grants (due February 15) fund environmental and conservation efforts, eco-spirituality, grassroots action, environmental education, capacity building, citizen participation, collaborative efforts, land acquisition, planning and training.
• The Rose Foundation California Wildlands Grassroots Fund (due February 15) provides funding to grassroots conservation organizations advocating for the permanent protection of intact wildlands to help preserve California’s wilderness and native biological diversity.
• CALFIRE CA Climate Investments: Forest Health Program (pre-applications due February 21) fund a variety of practices such as fuel reduction, reforestation, etc. which increase the carbon stored in living trees, and protect forests, fish and wildlife habitats, native plant species, and water across California
• The U.S. Fish and Wildlife Service (USFWS): North America Wetlands Conservation Act Standard or Small Grants Program (due February 23) provides funding for long-term protection, restoration, or enhancement of wetlands and associated uplands habitats for the benefit of wetlands-associated migratory birds.
• The National Wildlife Federation Trees for Wildlife grant (due February 23) provides native tree seedlings for restoration projects or community tree giveaway events.
• The USDA Conservation Innovation Grants National Program (due February 26) supports pilot projects, field testing, and on-farm research and demonstration, evaluation, or implementation of approaches to incentivizing conservation adoption and conservation technologies, practices, and systems.
• The Joseph & Vera Long Foundation grants (due February 26) fund projects that conserve the natural environment of Northern California, with a focus on habitat preservation, access to public lands, environmental education, and scientific research.
• The Access Fund Climbing Preservation Grant Program (due March 1) funds projects that preserve or enhance climbing access and opportunities, and conserve the climbing environment throughout the United States.
• The Central Valley Project Conservation Program and CVPIA Habitat Restoration Programs (due March 16) seek to improve habitats for species impacted by the Central Valley Project.
• The North American Native Fishes Association Gerald C. Corcoran Educational Grants (due March 31) fund projects to educate the general public about native North American fishes and their environment.
• The Hind Foundation (rolling) provides grants in the areas of plant and wildlife protection, land conservation, and ecosystem conservation.
• The Wildlife Conservation Board’s Forest Conservation Program (rolling) supports the conservation, preservation, and restoration of productive managed forest lands, forest reserve areas, redwood forests, and other forest types, including the conservation of water resources and natural habitat for native fish, wildlife, and plants found on these lands.

Interested in other funding for fuel reduction, parks and trails, habitat preservation, or environmental education? Grant Research Memos on a variety of topics are available on the SNC funding opportunities webpage.

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.

By: Nevada Irrigation District Director Nick Wilcox

As a Nevada Irrigation District Director, I have the responsibility to ensure our water supply into the future.  Climate change is shrinking the snowpack, our largest reservoir, and NID must adapt and plan for the future.

Increasing the District’s storage capacity in wet years, to carry us over multiple critically dry years, is a key strategy for adapting to climate change and lost snowpack. (The California Department of Water Resources has just reported that based on the first snow survey, snowpack this year is 3 percent of average. Hopefully this will change for the better). To that end, NID has proposed and is studying the possibility of building a new reservoir to capture direct winter runoff. There are many steps to this process.

The Environmental Impact Report (EIR) for the proposed Centennial Reservoir Project is currently being developed by expert consultants. The EIR documents will provide a detailed Project description, outline the purpose and need, study alternatives, and determine the environmental consequences of the proposed Project. The EIR is the means by which the NID Board of Directors will make an informed decision about whether to proceed with the Project.

Many alternatives to the Project have been suggested by the public, such as imposing extreme conservation, canal encasement and greater reliance on groundwater. These as well as other alternatives will all be studied and analyzed for the amount of “real” water they produce. If, taken together, the alternatives do not compensate for the lost snowpack, then they are not truly alternatives to the proposed Project.

Preparation of the EIR is taking longer than initially anticipated to allow more time for thorough study, fact finding and careful examination of alternatives to the Centennial Project. Our constituents and community expect nothing less. An accurate financial analysis cannot be done before the EIR is complete and the potential environmental mitigation costs established. Only after the EIR is final and subsequent cost and funding analyses are determined, will the Board make a final decision about moving forward with the Project.

The draft EIR is expected to be released next fall. The public will have a minimum of 45 days to review and submit written comments on the document. There will also likely be a noticed public hearing in which oral comments can be submitted. NID is required by law to respond to all written and oral comments, which are then incorporated into the Final EIR.

After the EIR is complete, NID will have a clearer picture of environmental mitigation costs. The Board will then contract for an independent analysis of the cost, including financing costs. Only after these analyses are completed, will the Board be able to make an informed decision on the Project.

Any claims by opponents regarding the Project, including water gained from proposed alternatives, costs, and funding mechanisms are premature and completely speculative at this point.  The information is not yet available. As a retired professional scientist, I will make my decision based on all of the facts, detailed analysis, and careful deliberation.

In my own mind, there are four conditions that must be met for the Centennial Project to move forward: 1) the geotechnical analysis must show that the site will be safe, 2) the hydrologic analysis must show that there is available water to fill the reservoir, 3) the Project must be financially feasible and 4) the environmental impacts must not be unreasonable or immitigable, and not outweigh the societal benefits of the project.

There are those who categorically oppose all dams. I understand that.  I once felt the same way. But as an NID Director, I must take a broader view, look long-term, and consider the public interest and needs of both the environment and of urban and agricultural water users within the District. I urge the public to stay involved with the process but to also exercise patience. In the end, FACTS will matter.

Nick Wilcox lives in Penn Valley and has served as NID Division 5 director for nine years. He is a retired Environmental Scientist from the State Water Resources Control Board.

November 7, 2017

Open Letter to the MCWRA Board of Directors, Executive Director John Kingsbury and Ginny Borkowski

Ron W. Ringen, Director, Tuolumne Utilities District, Sonora, CA

First, I want to thank you, John, and Ginny whole heartedly for all the work and planning to make the October 27, 2017 Symposium be the huge success that it was.  And, I want to thank the MCWRA Board of Directors for supporting the Symposium and giving all of the attending members and associates the opportunity to hear firsthand the many various issues (‘stressors’) and viewpoints of the Sierra Nevada and the Delta connection surrounding the fish and water flow dilemma. With such a large number of high caliber speakers/presenters with such different, and, in some cases divergent views on a subject that is so politicized, complex, and convoluted, I feel that you were able to give all of them (the presenters) ample and equal time to provide us with their views and knowledge of the multitude of issues at hand.

The feeling I got was there is just no honest, straight forward plan that will permanently ‘fix’ the multitude of issues that plague the Delta and the Sierra Nevada tributaries. Jim Branham, Executive Officer of the Sierra Nevada Conservancy and Doug Demko, President of FISHBIO, laid out the most comprehensive “fix” issues and “fixes”, but all of the speakers were good. There are a cluster of, as I said, divergent view points and narrow agendas, but little done to ascertain real hard facts and find reasonable middle-ground, common-sense solutions that will correct the problems at hand. The fact that the entities that are attempting to undertake bona fide river/stream/fish/water studies/evaluations to provide accurate and adequate information to allow good decisions to be made are being thwarted by overbearing, unreasonable and outrageously expensive permits from numerous government entities just adds salt to the open wound!

Yes, as the program moved into the afternoon panel discussion, the conversation became more about the fish (salmon and steelhead) depletion, but let’s face it, they are the indicators driving all of the conversation for more water from the Sierra Nevada tributaries for ‘fish flows’ and ‘pulse’ flows that are so egregious and harmful to the area-of-origin, and, have proven to be ineffectual if not harmful to the fish!

So, again, a big thank you for putting on a superb learning event!

is a MCWRA Associate Member and co-sponsor of the recent MCWRA Symposium.

By Rahul Ranade:

In a previous article posted in July 2017, we reported on the new dam safety regime in California brought about by the passage of Senate Bill 92. This piece of legislation was aimed at enhancing dam safety by requiring inundation maps and emergency action plans for jurisdictional dams, and by providing enforcement powers to the state’s Department of Water Resources.

Immediately after the passage of SB 92, DWR initiated the process of promulgating emergency regulations under the authority granted by the legislation. The new regulations prominently affect four areas of inundation mapping as prescribed in Title 23 of the California Code of Regulations: (a) hazard potential classification, (b) timing of updates, (c) technical study requirements and (d) map production requirements.

Click link for more: https://meadhunt.com/dam-safety-regs/