STATE WATER RESOURCES CONTROL BOARD
NOTICE OF PUBLIC HEARING AND
NOTICE OF PRE-HEARING ORIENTATION TOUR
The State Water Resources Control Board will hold a hearing regarding the California Department of Fish and Game’s Lower Yuba River Fisheries Management Plan and a Complaint by the United Group against Yuba County Water Agency and other diverters of water from the lower Yuba River in Yuba County
Pre-Hearing Field Orientation Tour
February
15, 2000, at 9:00 a.m., to convene at Yuba County Water Agency 1402 D
Street , Marysville,
A pre-hearing field orientation tour has been scheduled to familiarize the State Water Resources Control Board Hearing Officer and staff with the major water diversion facilities that affect the flows of the lower Yuba River within the Yuba County Water Agency service area. This tour is for orientation purposes only. All parties may be present during the tour but may not present testimony, evidence or arguments related to the issues to be considered at the hearing. If you wish to be present during the tour, you must arrange for your own transportation.
Public
Hearing
Non-evidentiary
policy statements[1]will be heard beginning at 9:00 a.m., on
February 22, 2000 , at
Paul R. Bonderson Building/First-Floor
Hearing Room/901 P Street, Sacramento,
Presentation
of evidence
will be heard immediately following the
policy statement session, on February 22, 2000,
and continuing on February 23, 24 and
25, 2000, at 9:00 a.m.
and continuing, if necessary, on March
6, 7 and 9, 2000, at 9:00 a.m., at
Paul R. Bonderson Building/First-Floor
Hearing Room/901 P Street, Sacramento,
SUBJECT OF HEARING
The
purpose of this hearing is to receive any relevant new information that should
be considered by the State Water Resources Control Board (SWRCB) prior to
adoption of a decision. Information
regarding the following subjects is solicited:
The
condition of the fishery and other public trust resources of the lower Yuba
River.
The
effects that the operations of New Bullards Bar Reservoir, Englebright Lake,
and other diversions from the lower Yuba River downstream of Englebright Lake
have on these resources.
Appropriate
revisions to water right permits and licenses, and changes in water diversion
structures and practices needed to protect the fishery and other public trust
resources.
BACKGROUND
On
February 23, 1988, the SWRCB received a complaint regarding fishery protection
and water right issues on the lower Yuba River. The complaint was filed by a coalition of fishery groups referred
to as the United Group[2]. The complainants’ main contention is that
the instream flow requirements in the Yuba County Water Agency’s (YCWA) water
right permits and the existing fish screening facilities do not provide an
adequate level of protection for fishery resources in the lower Yuba
River.
On
May 8, 1991, the California Department of Fish and Game (DFG) requested that
the SWRCB revise existing streamflow and temperature requirements on the lower
Yuba River, in accordance with the recommendations set forth in the “Lower Yuba
River Fisheries Management Plan” (DFG Plan) proposed by DFG. The SWRCB subsequently held a 14-day water
right hearing beginning on February 10, 1992, to consider the long-term fishery
protection recommendations in the DFG Plan and to address other issues raised
by the United Group’s complaint.
The
SWRCB hearing included the receipt of testimony and other evidence from 15
parties and presentation of non-evidentiary policy statements regarding the
issues under consideration. The
evidentiary hearing concluded on June 8, 1992.
Following submittal of legal briefs, the hearing record was closed on
August 25, 1992.
On
February 10, 1999, the Division distributed to all parties copies of the staff
analysis and a draft decision relating to the issues addressed in the 1992
water right hearing. The draft decision
would:
·
Establish
flow, temperature and ramping requirements that would be applied primarily to
the water rights held by YCWA.
·
Require
YCWA and other local entities to develop workplans to describe measures to be
taken to improve fish screens or to otherwise reduce fish losses at the major
points of diversion from the lower Yuba River.
·
Require
measures to be taken by specified parties[3]
that divert water from the lower Yuba River to comply with applicable legal
requirements.
Due
to the length of time since the close of the SWRCB’s 1992 hearing, the SWRCB
scheduled a hearing to begin on September 8, 1999 to receive relevant new
information that was not available at the time of the 1992 hearing.
On
July 1, 1999, the SWRCB issued a Notice of Public Hearing, which described the
hearing procedure and the Key Issues to be explored during the hearing. [Note: this notice and the July 1, 1999, hearing
notice can be found at the Division of Water Rights' Hearing Unit web-site: www.waterrights.ca.gov/hearings]
On
July 16, 1999, the SWRCB received a letter from DFG and YCWA which requested
postponement of the scheduled hearing.
DFG's and YCWA's joint request was made to allow the parties additional
time to reach a proposed settlement agreement regarding interim flows and
studies to be conducted on the lower Yuba River. The DFG and YCWA request stated that, by mid-November, they
intended to present a recommendation for interim flows and studies together
with a request that the SWRCB proceed with certain other aspects of the SWRCB's
draft decision dated April 28, 1999. In
response to DFG's and YCWA's request for postponment, the SWRCB issued on July
21, 1999, a Notice of Hearing Cancellation.
[Note: the cancellation notice can be found at the
Division of Water Rights' Hearing Unit web-site: www.waterrights.ca.gov/hearings]
On
November 15, 1999, DFG and YCWA advised the SWRCB that the parties were unable
to reach a proposed settlement agreement regarding interim flows and studies to
be conducted for the lower Yuba River.
Consequently, the SWRCB has rescheduled the supplemental hearing that
was previously scheduled for September, 1999.
KEY ISSUES
1. What relevant new information is available
regarding factors that influence population trends of the following species of
anadromous fish present in the lower Yuba River: American shad, steelhead
trout, spring-run chinook salmon, late-fall chinook salmon, and fall-run
chinook salmon?
2. What relevant new information is available
regarding stream flow and water temperature requirements for the protection of
fish in the lower Yuba River? Is new
information available to support different stream flow and water temperature
requirements during below normal, dry, and critically dry water years?
3. What relevant new information is available
regarding the water diversion facilities, fish screens, fish ladders and fish
losses at: (1) the Browns Valley Pumpline Diversion facility, (2) the South
Yuba/Brophy Water District South Canal, (3) the North Canal which serves
Hallwood, Cordua and Ramirez Districts, (4) the YG Development Co., and (5) the
Daguerre Point Diversion Dam.
4. What additional studies may be needed to
further refine stream flow and water temperature requirements for the
protection of fishery resources in the lower Yuba River?
5. What relevant new information is available
regarding existing and projected water supply requirements for irrigation,
municipal use and waterfowl habitat within YCWA’s service area?
6. What relevant new information is available
regarding water conservation measures and conjunctive use measures that could
be implemented within the YCWA service area?
7. What relevant new information is available
regarding the effects of proposed and recommended fishery protection measures
on the use of water for non-fishery purposes (i.e, (a) impacts to existing and
projected water supply, power
generation supply, and the local economy; and (b) impacts on recreation,
wildlife, riparian vegetation and waterfowl habitat)?
8. What relevant new information is available
regarding the water rights and diversions and uses of water by parties
diverting water from the lower Yuba River?
· What relevant new information related to the following subjects is available regarding the historic operation of New Bullards Bar Reservoir during the period 1969 to the present?
· Total monthly inflow of water.
· Total monthly losses of water (i.e., evaporation and seepage).
· Total monthly storage releases of water -- what are the components of monthly storage releases (i.e., power generation, in-basin uses, out-of-basin transfers, fishery use).
· End-of-month storage volumes, end-of-month staff gage elevations, end-of-month surface areas.
· Current staff gage elevation/surface area/reservoir capacity values for the reservoir.
HEARING PARTICIPATION
IF
YOU WANT TO TAKE PART IN THIS HEARING you should carefully read the enclosure
entitled “Information Concerning Appearance at Water Right Hearing”. As stated in that enclosure, parties
intending to present evidence at the hearing must submit a Notice of Intent to Appear, which must be received by the
SWRCB on or before January 10, 2000.
Please Note: Parties
who previously submitted a Notice of Intent to Appear for the hearing scheduled
for September, 1999, must resubmit a Notice of Intent to Appear for the hearing
described in this notice.
To
facilitate exchange of testimony, exhibits and witness qualifications, on or
about January 11, 2000, the SWRCB will mail out a list of those
parties who have indicated an intent to participate in the hearing.
Copies
of witnesses’ proposed testimony, exhibits, list of exhibits, and
qualifications must be served upon and received by the SWRCB and each of the
parties who have indicated their intent to appear no later than January 28, 2000.
PARKING AND ACCESSIBILITY
Map
not electronically available. The Paul
R. Bonderson building first floor hearing room is accessible to persons with
disabilities.
IF YOU HAVE ANY QUESTIONS
Questions
concerning this notice may be directed to Ernest Mona at (916) 657-1947
(Licensing and Hearings Section).
/s/
Maureen
Marché
Administrative
Assistant to the Board
Enclosure: Enclosures mentioned in the notice are not
available electronically. Contact
Ernest Mona at (916) 657-1947
Date: December 21, 1999