HomeMy WebLinkAboutMINUTES - 04271999 - C86 Contra
TO: BOARD OF SUPERVISORSCosta
FROM: TRANSPORTATION, WATER & INFRASTRUCTURE County
COMMITTEE
Supervisor Donna Gerber, Chair
Supervisor Mark DeSaulnier
DATE- April 27, 1 999
SUBJECT; Report from Transportation, Water & Infrastructure Committee on Support of the
Central Valley Project Contract Amendment between the East Bay Municipal Utility
District and the US Bureau of Reclamation
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMM DAT. .S.
AUTHORIZE Chair to sign a letter to the Bureau of Reclamation in support of
amending the contract the Bureau holds with EBMUD for American River water.
FI_ SCA, IST
None
BACKGROUNDIREASONS FOR R MM N ATI
On April 19, 1999 the Transportation, Water & Infrastructure Committee heard a
presentation from EBMUD on planning efforts to build infrastructure to utilize
American Fever water which EBMUD, for some time, has had a contract to use. This
project is In the process of environmental review, having produced a draft EI SIR for
the project. EBMUD has received public comment and is in the process of
responding to comments, and is working with CCWD on their concerns related to the
project. No action on the project itself is recommended at this time.
CONTINUED ON ATTACHMENT- YES SIGNATURE
RECOMMENDATION, OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE � OTHER
SIGNATURE S - SUPERVISOR DONNA GERBER SUPERVISOR MARK DESAULNIER
ftemo
ACTION OF BOARD ON APPROVED AS RECOMMENDED `OTHER_
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES- NOES- "* AND ENTERED ON THE MINUTES OF THE
ABSENT- ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: Roberta Goulart (925-335-1226) ATTESTED) ,4, 401 , 9°95'
cc: Community Development Department (CDL) PHIL BATCHELOR, CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY , DEPUTY
Transportation, water & Infrastructure Committee
April 27, 1999
However, the TW&l Committee recommends support of amending the contract
EBMUD currently holds with the Bureau, to allow EBMUD more flexibility in
examination of the full array of alternatives in planning efforts to determine the best
route by which to take this water.
In 1974, EBMUD signed a contract with the Bureau to take 154,444 acre feet of
water per year from the American River. Shortly thereafter, in 1972, EBMUD's
contract was challenged in court, and cited as an "unreasonable use" of American
River water. In 1994, EBMUD's water rights to the American were reaffirmed, with
conditions imposed as to when and how much water EBMUD could take in any given
water year. This reaffirmation (with the conditions imposed) is known as the Hodge
decision. Since 1994, EBMUD has been working on methods to obtain this supply.
Recent efforts by EBMUD have focused on two main alternatives; use of American
Diver water at the historic diversion point at Nimbus (in accordance with the Hodge
decision) through the Folsom South canal to the Mokelumne Aqueducts, or as the
City and County of Sacramento once requested (as a joint project), taking water at
the 1-5 diversion point back through Sacramento to Folsom South canal. This
diversion point adds some 23 miles and $154 million dollars in cost, but also allows
EBMUD to take water in dry years. This planning effort has taken several years,
and negotiations with potential local partners such as the City and County of
Sacramento, and San Joaquin County are continuing. Sacramento, at one time a
more enthusiastic partner, is rethinking their position to some degree.
EBMUD, by its own admission does not have sufficient supply from its Mokelumne
River source alone to see its customers through a major drought. The Mokelumne
water supply has been curtailed to some degree because of water needs for fish,
and less water will be available to EBMUD in the future because of increased use
of Mokelumne River water by senior water rights holders. EBMUD has instigated a
number of demand management programs which have the effect of conserving
supply by Its customers as a matter of course, creating a situation where little
additional conservation can be obtained in a drought situation. As a result, rationing
of 25% can be a very significant impact to customers, (as compared to past years),
and EBMUD cannot guarantee rationing would be limited to 25% in a major drought
situation.
2
The Beard o Supervisors Contra Clerk
3 hehelor
Clark u`the hoard
Costa and
County Administration Building County Administrator
651 mine Street, Room 106 (925)335-1900
Martinez, California 94553-1293 County
John Giola, 1001strict
Gayle B. Ulikerrsa,2^'district
Donna Gerber, 3r' District -
Mark Resaulnier, 0' district �
Joe danclarnilla, b'" district € 9
Mr. Tom Aiken,Area Manager April 27, 1999
United States Bureau of Reclamation
Central California Area Office
7794 Folsom Dain Road
Folsom, CA 95667
Dear Mr, Aiken:
On April 27, 1999, the Contra Costa County Board of Supervisors voted to support the East Bay
Municipal Utility District's (EBMLD)Central Malley Project(CVP) amendatory contract with
the Bureau. The Board supports EBMI UD's continued evaluation of all alternatives in order to
determine the best way to provide infrastructure to allow EBMUJD to take its American River
entitlement. The Board recognizes the complexity of implementing this project, and the efforts
that EBMUD has made over the past several years in development of alternatives and in working
with other local entities for area wide benefit. It would not be appropriate to limit options by
denying the amendment, as a full assessment of infrastructure and related opportunities to
partners needs to be fully explored.
As you know,EBMUD has been paying for this entitlement since the early 1970`s, and has
endured a lengthy legal process to affirm their right to the American River supply, By its own
admission, EBMUD does not have the water supply from its Mokelumne River source to satisfy
customers during all water years, in fact, a major drought situation would cause severe shortages
to EBMUD customers(up to 65%of existing water use for some customer classes). This is
especially significant because demand management practices implemented by EBMUD over the
last few years allow little additional conservation to take place, increasing the drought hardship
to customers.
For these reasons,the Board encourages your favorable resolution in amendment of EBMUD's
CVP contract. If you have questions,please contact Roberta Goulart of our staff at(925) 335-
1226.
Sincerely,
1 a
oe ciamilla
Ch�.ir
tjSBR/EBMUD DRAFT AMENDATORY CENTRAL VALLEY PROJECT CONTRACT
+� %
Supplemental Water Supply Project Update— March 1999
PURPOSE
The purpose of this fact sheet and information meeting notice is for
♦ Inform the community as to the availability of the East Bay Municipal Utility District
(EBt UD)IU.S Bureau of Reclamation (USBR) Draft Amendatory CVP water service contract;
4 Notify the community about an upcoming information meeting;
4 .Provide background information regarding the provisions of the proposed Draft Contract; and
Encourage public participation.
RELATIONSHIP BETWEEN DRAFT AMENDATORY CONTRACT & PROJECT EIR/EIS
In November of 1997 EBMUD and USBR published the Supplemental Water Supply (SWS) Draft EIR/EIS which
identified three alternatives: the No Action (Alternative 1); the Nimbus Project (Alternative 2); and the EBMUD-
Sacramento Joint Project (Alternative 3). The proposed draft amendatory CVP water service contract provides for water
delivery near the confluence of the American and Sacramento Rivers and at the end of the Folsom South Canal, which
facilitates either Alternative 2 or Alternative 3. In addition, it is possible to implement two of the pipeline alignments
associated with the Nimbus Alternative 2(alignments I &4) from Grant Line Road to the Mokelutnne Aqueducts without
the contract amendment. The SWS EHUMS focuses on the effects of implementing the alternatives, including pipeline
construction, American River fisheries,endangered species,recreation,aesthetics, water quality and biological resources.
PUBLIC REVIEW PROCESS
The SWS Draft EIR'EIS was published on November 3, 1997 and was available for public review for a 135 day period
through March 19, 1998. The SWS Final EIR/EIS and responses to comments received on the Draft is expected to be
published during Spring/Summer 1999.
The proposed draft amendatory CVP water service contract was published for a 60 day public review period on December
16, 1998. Due to the public interest expressed in this contract action,EBMUD and USBR decided to extend the review
period to a total of 135 days through April 30, 1999.To request a copy of the Contract please call Tota Aiken, USBR, at
(916)989-1707.
ABOUT THE DRAFT AMENDATORY CVP WATER SERVICE CONTRACT
Background provided that certain requirements including the following in-
In 1970, East Bay Municipal Utility District (EBMUD) stream flow standards are met:
entered into a contract with the U. S. Bureau of Reclamation
(USBR) for 150,000 acre-feet per year of Central Valley October 15 to February 28 ; 2,000 cfs
Project (CVP) water to meet the District's long term need for March I to June 30 3,000 cfs
water. The contract provides for diversion at Nimbus Dain July I to October 15 1,750 cfs
and delivery at a turnout on the Folsom South Canal (FSC) All requirements of the"Hodge Decision"are applicable to
near the canal crossing at(want Lane Road. both the current and the proposed amended Contract.
In 1972 the Environmental Defense Fund(EDF) et al,brought Draft Terms and Conditions of Amended Contract
suit against EBMUD in Alameda County Superior Court. In Significant modifications proposed to the 1970 contract
1990,Judge Richard Hodge issued a decision that affirmed the include:
District's rights to take delivery of the CVP contract water,
Points of Delivery Federal laws, including the Hodge Decision, further
4 Additional points of delivery include the lower American approval by Reclamation following completion of
River upstream of the 1-5 bridge, and the end of the FSC, appropriate environmental review and compliance with
to enable moving the diversions downstream consistent the Central Valley Project Improvement Act(CVPIA).
with the City/County/EBMUD Joint Project;and
4 Other points as approved.by USBR following completion Groundwater/Conjunctive use
of supplemental environmental compliance. 4 The contract amendment is structured so as to provide
opportunity for a future groundwater conjunctive use
Entitlement Amount project to further reduce the District's demand on CVP
4 Base entitlement reduced to 133,000 acre-feet for water and to supplement its Mokelune supply during dry
delivered from the Joint Project diversion; years.
4 Standard Municipal and Industrial (M&I) shortage
provisions applied to a stipulated base use of 133,000 Cost
acre-feet; 4 The District will pay for all water delivered at M&I rates
4 Up to 150,000 acre-feet diverted at Nimbus in years when using "tiered pricing", as defined by the Central Valley
Hodge flows are met; USBR is able to fully meet all Project Improvement Act(CVPIA).
downstream environmental commitments; and, deliveries
to EBMUD do not cause or increase deficiencies on other CVPIA Provisions
American or Sacramento River contractors or Contra 4 Other requirements of the CVPIA, including water
Costa Mater District. conservation, water measurement, and Binding
Agreement to renew,have also been incorporated.
Water'Transfers
f Transfers of the water to other entities under the CVP
contract can only be made subject to applicable State and
Comparison of Current Contract with Amendatory Contract
Contract Provision Current Contract Amendatory Contract
Point of Delivery 4 Turnout on Folsom South Canal 4 Folsom South Canal near Grant fine Road
near Grant Line Road 4 Joint Project diversion on lower American River upstream
of 1-5
y 4 Terminus of Folsom South Canal
3 4 Other mutually agreed locations
Contract Entitlement ` 4 Up to 150,000 AF,subject to 4 133,000 AF base entitlement in years when EBMUD total
"Hodge Decision" storage is less than 500,000 acre-ft;maximum of 165,000 j
acre-feet over a three consecutive dry year period,subject
to"Hodge Decision„
i 4 Up to 154,000 acre-feet diverted at Nimbus in years when
Hodge flows are met,USSR is able to fully meet all
downstream environmental commitments,and deliveries to
EBMUD do not cause or increase deficiencies on other
t American or Sacramento River contractors or Contra Costa ;
Water District.
Shortage Provisions 4 25%M&I Preference 4 Standard shortage provision as all other CVP M&I
(no shortages until Irrigation Contractors applied to the 133,000 acre-foot base
contractors shorted by 25'/0) entitlement
Transfers 4 With approval of USSR;subject 4 With approval of USBR,consistent with applicable State
to"Hodge Decision" and Federal laws including the"Hodge Decision", CVPIA
Groundwater/Conjure 4 Not identified 4 Contract allows opportunity for future
ctive Use groundwater/conjunctive use projects,subject to
Contracting Officer approval and completion of
supplemental environmental compliance
Cost 4 As specified in the Contract 1 4 M&I Interim R.atesetting Policy including:water rates,
tiered pricing&Restoration Fund charges
Other 4 Renewal in 2012 4 CVPIA mandated programs on water conservation and
measurement
4 Binding Agreement to renew upon completion of CVPIA
j - L PEIS
To request a copy of the Contract please call Torn .Aiken, USBR, at (916) 989-170 7
UPDATE ON SUPPLEMENTAL WATER SUPPLY FINAL EIR/EIS
Since publication of the SWS Draft EIR/EIS,the following activities have been completed:
Negotiation of USER—EBMUD draft amendatory CVP water service contract,
. Preliminary engineering of the various facilities and options,
Evaluation of additional pipeline routing refimements alternatives,
4 Preparation of Responses to Comments received on the Draft EIRIEIS,
6 Revisions to Reclamation's PROSIM hydrologic model,
i Meetings with local,state and federal agencies and concerned interests.
Supplemental Water}Supply Traject Alternatives
Lake
(NVCf4don at
Interstate Sam*join f ProjectO
am not EBMUV Only
��• � � Pipeline Aligintrents
trt
Msaw
.south �
trb Im. Water t rraX t
Treatment Plant A
0 Ckso
End of n
FISC �8g
Ix
if�
Tom Aiken, Area Manager
United States Bureau of Reclamation
Central California Area Office
7794 Folsom Dam Road
Folsom, CA 95667
fad
BBMUD/USBR Draft Amendatory CVP Water Service Contract
Supplemental Water Supply Project/Folsom South Canal Connection Project
Meeting Location.
SACRAMENTO
Tuesday, March 30, 7-10 PM
Sacramento Red Dion Inn —Martinique Room
41.01 Arden Way, Sacramento, CA
This meeting will provide the interested public an opportunity to receive information and comment on the
proposed EBMUD✓USBR Draft Amendatory CVP Water Service Contract.
More Information ,can be obtained on Reclamation's Website at www.mp.usbr.gov
MEIMA C O d LKAAUh
Publication. VVU
E31�fUD Date: �/ !1 / Page.
Y-_
It would also allow EBMU'D to
'take the Pardee Reservoir out of ser-
must develo vice for repairs as needed. the y.
'E,113M"Mquest of the Sacramento comm munitity
we slowed down our Nimbus pro-
ject schedule to explore a joint pro-
source forquality .ter ject with that community.
A water supply project partner-
ship with Sacramento interests can
jiver habitat needs and the needs provide greater dry-year water as-
By John Coleman of other water users on the surances and similar high-quality
GUEST COM ENrARY Mokelumne are decreasing the water.
YOUR READERS should know amount of water available to The joint`project, while more
why the East Bay Municipal EBM`UD from that source.Since it costly than our alternative near Nim-
Utility District (EBMUD) is is not possible to meet the East Bay's bus Dam,would give EBMUD an-
seeking a supplemental water sup- long-term water needs solely from other high-quality water supply in
ply:customers risk serious drought our existing facilities on the drier years by 2003,Other projects
shortages and the attendant eco- Mokelumne,EBMiID has looked at to provide as much drought protec-
nomic impact on the business coca.- many alternatives. tion could not be on line in time to
munity. EBMUD has a contract for water be of real help.
Water available from EBMU-D's from the American River, another We spent more than three years
high-quality Sierra source, the high-quality source. An American and$6 million on envirorimental and
Mokelumne River, is . limited. River project can deliver the last in-
EBMUD forecasts that in three out crement of water supply that EBMLM engineering studies working n good
dhe
of 10 years, customers would have customers need.We studied two pro- faith with the am of Sacramento, ta-
to cut water use by as much as 65 jects in detail:an EBMUD-only pro- county of Water nto
and the Sacra-
percent. ject drawing American River water mento Water Forum a at their re-
Second,EBMUD must serve fu- at Nimbus Data,and a partnership quest t.#o create a regional water
ture customers within its service with Sacramento-area interests that project,We remain enthusiastic about
boundary.Business would face short- would take water downstream near developing s project that contributes
ages as well,and those shortages can the oantiuence of the Sacramento and B. meeting the needs of both the East
have serious economic impacts American Rivers. Bay and the Sacramento region.
throughout the region—not just in We continue to explore other wa- We are seeking agreement with
the EBMUD service area. ter supply and storage alternatives,the leaders. Carr partners
EBM`UD customers have a long such as groundwater banking and now say that they no longer"have
record of commitment to sensible enlarging our Pardee Reservoir in. the political will" implement the
water use.Despite a 26 percent in- the Sierra. joint project thatt.we mutually
worked so long and hard to develop.
crease in the number of EBMUD ac- We have also considered using wo
counts since 3968, EBMUD cus- the Delta as a water source,but our
are disappointed and have
Comers'total water consumption has customers would have to pay a bil- urged them to reconsider their deci-
grown less than 5 percent. lion dollars to use Delta water be- sion.Just two issues remain to be
Some of our stable water use re- cause current treatment facilities worked out:hose EBMUD gets assur-
sulted from changes in local users cannot treat that water to meet reg- ances that its water needs will be met
(businesses that used a lot of water ulatory'standards.Many industries by a joint project before forever ab&n-
being replaced by businesses with j .. 1. caning the Nimbus alternative,and
processes that use less water).But ' in the EBMUD service area depend how to minimize the project's con-
customer conservation and recycled on high-quality water for their prod- struction effects on Sacramento neigh-
water projects have been vital in ucts and industrial processes,some borhoods.These issues are resolvable.
keeping total water consumption say it would be difficult to continue Soon,the EBMUD Board of bi-
level over three decades. their operations with lower quality rectors will consider certification of
EBMUD continues to invest in water and might face difficult deci- an environmental impact report on
reclamation and conservation.We sions on relocation out of the region. the American Raver Project alterna-
invest more per capita in conserva- A project near Nimbus Dam can Lives. The environmental study
tion than any other large California deliver high-quality water directly processes for the supplemental sup-
water agency.We are investing more into EBMUD's system.This project ply project are nearly complete.
than$155 million in water recycling would deliver needed water supplies. The board could certify the envi-
projects. It would reduce rationing in some ranmental documentation and se.
dry years, and enable EBMUD to lect a preferred project as early as
bring more water resources to any June 1999.We invite customers to
future groundwater storage option actively participate as the board con-
-resources other parties say are siders ways to.protect our customers
important 4n reaching agreement on from water shortages.
such options.
Coleman is the president of the
EBMUD board of directors.
Water Supply
for the Future
Contra Costa County
Board of Supervisors"Water
r i
Committee Meeting
R April 19, 1999
Pardee Reservoir
March 1977
E MUD Service Area 1990
4 Population
1.2 million
♦ 485,000
Households
► By 2020
,r
♦ 80,000
IF
more
ti N! households
i
��x s
1
Projected (2020) WSupply
ReclaimReclaim
Conserve 14 MGD Conserve
14 MGD 34 MGD 34 MGD
r
O�IVIAL Radon
58 MGD
Pardee DROUGHT
229 MGD
Pardee
108.5 MGD
FREQUENCY AND SEVERITY OF RATIONING
REQUIRED OF EBMUD CUSTOMERS
WITH AND WITHOUT SUPPLEMENTAL SUPPLY
� � w
u 60% J RAnONINGWTHOUTSUPPLEMENTAL}SUPPLY
-----------N-�
LU C7 RA'170NING OTH SUPPLEMENTAL SUPPLY
LU
�'- 40%
►s.. Ul3G'3fi
O 25 I
z w LU aLt 20%� t
I
LU 0"lo p
0%
Gn. si'Ya ±t!I ISIX* 0% 21 5`Y 3c"i 35?6 40%
PERCENT OF YEARS WATER USE CUTBACKS WILL BE REQUIRED
z
�-� Water Suply Action Pian Water Supply Management ProEarn
Water Supply Action Plan
September 1995
1► Prepare environmental documentation and initiate preliminary
design for a pipeline connection from.the Folsom South Canal to
the Mokelumne Aqueducts
♦ Continue negotiations with San Joaquin interests regarding a
joint conjunctive use project
♦ Initiate discussions with Sacramento-area interests regarding a
joint conjunctive-use project
! Initiate project-level studies for raising Pardee Dam
l Local groundwater pilot project (added in 1996)
Supplemental Water Supply
. ..
{7ivxrvto a4 talro
/ V Rt4 inYu fa{nt Yrgjrct .y„
i + :asxefigM279O:tly ,•
American Raver
rwlrbxlrn WaYsr i.ura! /Ngi,�„✓ f.
tr.`stex na YMxat� f"°"#••x: i{}J
Project
Mc
. mfy+ ., xu, ttr�
'' r lFolsom South Connection
and Joint Protect
,•„�-.-
i w_ 1,
$d ........�
3
Primary Milestones Necessary
r Joint ret to Proceed
4 .Amended CVP Contract
♦ EIR/S
♦ Tri-Party Agreement
American River Milestones
1970s
1�1 31 UD signs
contractwth bitr�ct begins making
�JSBR for up tri . payments for water 9
1'50 TAF/year'
L7 / At A
. belivery of
1Fles;iawsi t 25TA> at'
to friva[tdate Middle`RVer
cact.
1970 1971 1972 1973 1974 1975 1575 1977 1978 1979
4
American diver Milestones
1980s
Alenje. a' punt,.I
superior.Court, r �
refers case to E Trial In I
StNRCB Alameda
County
SWRCB Superior
I issues Report Court
of Referee
19801 1981 1982 1983 1984 1985 1986 1987 1988 1989
American River Milestones
19905
District discussions with
Sacramento interests
Jan'97 Water Forum ABrccrncnt f
Court Issues
Mar'97 Joint Project(JP)Agreement
final Judgi-hent i Apr'97 JP added as co-equal ail.(NEPA Nov'97 Published Draft EIRJS I
i District begins Nov'98 Completed Preliminary Design I
ground water. 1
i neg.otiatibr s with. ESJPWA
ESJPWA ` Groundwater
I pilot
1990 1991 1992 1993 1994 1995 1996 1997 1998 1999
5
EIRIEIs
Alternatives
I
I
9�
EBMUD-Sacramento !
Joint Water Supply Folsom South Canal
j Project Alternative Cann AProject
! / Alternatives an r-natives
1 `�..�
s
Why the Sacramento Parties Believe
the Original Joint Project is Infeasible
4 Impact on Fisheries
.6 America.River
i. Sacramento River and Bay Delta
♦ Disruption of Downtown City Streets
i City Landfill Liability
♦ .Downstream Purveyors
♦ Costs
6
i
i
i
E
j
.63
t
Current
4 CVP Contract Amendment Public
Review/Comment
March 30th Information Meeting
4 City/County of Sacramento indicated
":Loss of Political Will" re: Joint Project
4 Requested Joint Policy Board Meeting to
Discuss Alternative Proposal
left
uurrent Status (cont'd)
i Sacramento County USBR Contract
Signed
♦ City of Sacramento .American River
DEIR Issued
4 Sacramento Forum Programatic EIR
Issued
Next Steps
♦ CVP Contract Amendment
Comment Period Ends April 30th
♦ Joint Policy Board Meeting Pending
EBMUD Certify EIRIS as early as
June `99
s