Federal Energy Regulatory Commission (FERC) Project No. 2179

Project Name: Merced River Hydroelectric Project

New Exchequer Dam and New Exchequer Powerhouse on Merced River
(Image courtesy of MID)

MID proposes to continue to operate its existing 103.5 megawatt Merced River Hydroelectric Project (Project), which is located on the Merced River and Deadman Creek in Mariposa and Merced counties, near the City of Merced in the San Joaquin River Basin. This combined purpose Project provides flood control in the lower Merced River, helps to meet MID's irrigation water demands, and provides energy to Central California. In order to continue operation of the Project, MID needs a new federal license from FERC. Part of the Project occupies 3,152.9 acres of federal land administered by the Bureau of Land Management. Prior to issuance of a new FERC license, MID must obtain a water quality certification (WQC) from the State Water Resources Control Board. The primary purpose of the WQC is to certify that the Project will comply with specified provisions of the Clean Water Act, including water quality standards and implementation plans promulgated pursuant to section 303 of the Clean Water Act.

MID diverts water from the Merced River for various beneficial uses. MID primarily operates the Project for agricultural irrigation, however, other beneficial uses include: hydropower, groundwater recharge, municipal and industrial use, landscape irrigation, and environmental. Project facilities and features included in the existing FERC license include two existing dams (New Exchequer and McSwain) and associated reservoirs with a combined storage of 1,034,330 acre-feet (AF) (Lake McClure and McSwain Reservoirs); two powerhouses (New Exchequer and McSwain); and five recreation areas. In addition, the existing license includes eight minor facilities (e.g., culverts and small structures) along MID's existing consumptive water system in Merced and Mariposa Counties. The minor facilities are associated with the delivery of water to the United States Fish and Wildlife Service's Merced National Wildlife Refuge. Downstream of MID's two hydropower dams are the Merced Falls Hydroelectric Project (a run-of-the-river facility owned and operated by Pacific Gas and Electric Company) and the Crocker-Huffman Diversion Dam (MID's diversion structure for its main canal). MID diversions also occur at the Merced Falls dam.

In addition to the minimum instream flows prescribed in the existing FERC license, MID also has the Cowell Adjudication Agreement (Cowell Agreement), the Davis-Grunsky contract, and water right license requirements. The Cowell Agreement is a contractual obligation with MID to provide water to certain downstream users. In 1926, the Merced County Superior Court (Court) ruled that MID's upstream diversions bypassed senior riparian water rights holders. The Court ordered MID to provide water downstream of Crocker-Huffman Dam for senior riparian water rights. In October 1967, MID and the California Department of Water Resources executed the Davis-Grunsky contract. As part the Davis-Grunsky contract MID agreed to maintain continuous flows of 180-220 cubic feet per second in the Merced River spawning area each year from November 1 to April 1. The Davis-Grunsky contract expires December 2017. In 2003, MID amended its water right license 2685, 6047, and 11395. The terms of the amended water right license require MID to 1) release an additional 12,500 AF of water annually in October; and 2) provide a volume of supplemental flow during a 31-day pulse flow period during April and May. The 12,500 AF are in addition to the FERC and Cowell minimum instream flow requirements.

Related Documents

State Water Board Submittals to FERC & Related Responses:

• Comments on Merced Irrigation District Notice of Intent to Rely on Federal Energy Regulatory Commission Final Environmental Impact Statement for the Merced River Hydroelectric Project and Merced Falls Hydroelectric Project – June 27, 2024
• Order Setting Aside Water Quality Certification – May 13, 2024
• Merced River Hydroelectric Project, FERC Project No. 2179, Request for Water Quality Certification – April 15, 2024
• Notice of Opportunity for Public Comments and Board Consideration of a Proposed Order Setting Aside Multiple Water Quality Certifications – March 11, 2024
• Notice of opportunity to respond to petitions for reconsideration of water quality certification for Merced River Hydroelectric Project and Merced Falls Hydroelectric Project (Federal Energy Regulatory Commission Project Nos. 2179 and 2467). - October 17, 2022

State Water Board Submittals for Set Aside Water Quality Certification, FERC Correspondence, and Related Responses:

• Final Water Quality Certification for the Merced River and Merced Falls Hydroelectric Projects – July 31, 2020
• Draft Water Quality Certification for the Merced Hydroelectric Projects – June 17, 2020
  • Frequently Asked Questions for the Merced Hydroelectric Projects Draft Water Quality Certification – June 17, 2020
• SWRCB Comments on the Draft Environmental Impact Statement - May 29, 2015
• 2014 Drought Information
  • SWRCB Request for Extension on Ready for Environmental Analysis Comments due to 2014 Drought Issues - April 11, 2014
  • SWRCB Comments on Temporary Variance of Minimum Flow and Minimum Pool Requirements - April 11, 2014
• Relicensing
  • SWRCB Preliminary Conditions and Comments on Ready for Environmental Analysis - July 21, 2014
• SWRCB Investigation Order WR-2011-0003-EXEC
  • SWRCB Issued Investigation Order WR 2011-0003-EXEC - January 28, 2011
    • Merced Irrigation District’s Petition for Reconsideration and Request for Stay - February 28,2011
    • SWRCB Public Notice of MID's Petition for Reconsideration of Investigation Order WR 2011-0003-EXEC - March 4, 2011
      • Public Responses to SWRCB Public Notice of MID’s Petition for Reconsideration - Due by April 1, 2011
        • City of Merced
        • Conservation Groups
        • Merced Irrigation District
        • California Department of Fish and Game
        • Modesto Irrigation District
        • NOAA, National Marine Fisheries Service
        • PacifiCorp
  • SWRCB Notice of Draft Order Regarding MID's Petition for Reconsideration and Request for Stay of Investigation Order WR 2011-003-EXEC - April 6, 2011
    • Public Comments - Due April 13, 2011
      • Conservation Groups
      • California Department of Fish and Game
      • Ellison, Schneider & Harris L. L. P. on behalf of Pacific Corp
      • Mason, Robbins, Browning & Godwin on behalf of the Merced Irrigation District
      • NMFS of NOAA
      • O'Laughlin & Paris LLP on behalf of Modesto Irrigation District
  • SWRCB Draft Order Denying Stay Order WR 2001-00XX Regarding Investigation Order WR 2001-0003-EXEC - April 19, 2011
  • SWRCB Issued Order Denying Stay WQ 2011-0007 Regarding Investigation Order WR 2011-0003-EXEC - April 19, 2011
  • SWRCB Notice of Workshop to Receive Technical Information to be Conducted by MID under Investigation Order WR 2011-0003-EXEC - April 26,2011 for Investigation Order
    • SWRCB Notice of Rescheduled Workshop - June 3, 2011 for Investigation Order
    • SWRCB Notice of Cancellation of Public Workshop - July 8, 2011 for Investigation Order
  • FERC Director’s formal study dispute resolution determination - December 22, 2009