Req for Expedited Process/Lower American River Flow Standards

STATE WATER RESOURCES CONTROL BOARD

BOARD MEETING SESSION – DIVISION OF WATER RIGHTS

NOVEMBER 18, 1999

ITEM: 9

SUBJECT: CONSIDERATION OF ADOPTION OF A RESOLUTION DIRECTING EXPEDITED PROCESSING

OF A REQUEST TO CHANGE FLOW STANDARDS ON THE LOWER AMERICAN RIVER

DISCUSSION: In September 1993, the Water Forum was organized. The Water Forum is a diverse group of business and agricultural leaders, citizens groups, environmentalists, water managers, and local governments in the Sacramento County area, and water managers in the western El Dorado and Placer Counties. The charge of the Water Forum is to formulate a plan for the Sacramento area that will achieve two coequal objectives – provide a reliable and safe water supply for the region’s economic health and planned development to the year 2030; and preserve the fishery, wildlife, recreational, and aesthetic values of the Lower American River. The State Water Resources Control Board (SWRCB) supported these objectives and encouraged the Water Forum to develop a program encompassing the objectives.

In January 1999, the Water Forum issued its Water Forum Action Plan, a collection of detailed proposals on how the Sacramento region should deal with key issues such as conjunctive water use, dry year water supplies, water conservation, and protection of the Lower American River. The proposal is being refined into the Water Forum Agreement, which will be submitted for approval to the boards of the stakeholder organizations.

One of the ten steps required to finalize and fully implement the Water Forum Agreement is “adoption of an updated Lower American River (flow) standard by the SWRCB.” In furtherance of that step, Jim Sequeira, Director of Utilities of the City of Sacramento and representing the Water Forum, requested that the SWRCB expedite consideration of an updated Lower American River flow standard (letter attached). The method of updating the standards would be to revise the conditions in the Folsom Reservoir permits of the U.S. Bureau of Reclamation. The City offered to pay the SWRCB’s costs for expedited processing of the Water Forum’s request. The staff does not recommend acceptance of this offer because of the possible appearance of conflict of interest.

POLICY ISSUE: Should the SWRCB adopt the proposed resolution directing expedited consideration of a revised Lower American River flow standard after certain conditions are met? Should the SWRCB accept payment from the City of Sacramento for expedited consideration?

FISCAL IMPACT: This hearing is expected to be complex and require substantial staff effort. Hearing activities are already budgeted within the Division of Water Rights, but some internal shifting of resources within the Division may be required to accommodate this effort.

STAFF RECOMMENDATION: Staff recommends that the SWRCB adopt the proposed resolution.

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Revised Version 1

November 9, 1999

DRAFT

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 99-__

DIRECTING EXPEDITED CONSIDERATION OF REVISED FLOW STANDARDS FOR THE LOWER AMERICAN RIVER REQUESTED BY THE SACRAMENTO AREA WATER FORUM

WHEREAS:

1. The Sacramento area Water Forum, consisting of business and agricultural leaders, citizens groups, environmentalists, water managers, and local governments in the Sacramento countywide area, has for the past six years worked to develop a comprehensive plan that will provide a safe, reliable and adequate water supply in a cost-effective and environmentally sound manner for the Sacramento area.

2. The State Water Resources Control Board (SWRCB) has supported efforts of the Water Forum to develop such a master water plan for the Sacramento area.

3. The Water Forum issued its Action Plan in January 1999.

4. One of the two coequal objectives to be achieved by proposals in the Action Plan is to preserve the fishery, wildlife, recreational, and aesthetic values of the Lower American River.

5. Adoption of an updated Lower American River flow standard by the State Water Resources Control Board is identified as one of the steps to finalize and fully implement the Water Forum Agreement contained in the Action Plan.

6. The City of Sacramento, as a member and with the support of the Water Forum, requested the SWRCB to expedite its consideration of a revised Lower American River flow standard and has offered to pay the cost of the expedited consideration.

THEREFORE IT IS RESOLVED THAT:

1. Upon receipt from the Water Forum of a recommended flow standard proposal and supporting documentation developed after consultation with American River water rights holders and consistent with all procedural and legal requirements, the SWRCB will initiate an expedited process to consider adoption of the flow standard proposal for the Lower American River.

2. The Board requests the Forum to ensure that the process it follows in developing recommended flow standards is open to input by interested parties, and that the analytical methods used are explained.

3. The State Water Resources Control Board declines the offer by the City of Sacramento to pay the cost of an expedited consideration of a proposed flow standard for the Lower American River.

CERTIFICATION

The undersigned Administrative Assistant to the SWRCB does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on November 18, 1999.

Maureen Marché

Administrative Assistant to the Board

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Revised Version 2