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Federal judge: Russian River dam releases are violating Endangered Species Act

Andrew Graham, PRESS DEMOCRAT

A federal judge ruled Monday that the U.S. Army Corps of Engineers has violated the Endangered Species Act by disturbing salmon populations through flood-control releases from Coyote Valley Dam into the Russian River.

Those releases, which relieve pressure upstream from the 66-year-old dam during rainy months, kick up sediment from the bottom of Lake Mendocino, a reservoir that serves as critical water storage for Sonoma County.

The sediment increases turbidity in the river that harms and harasses coho and chinook salmon and steelhead trout in violation of the Endangered Species Act’s mandate to protect the imperiled species, U.S. District Court of Northern California Judge Jacqueline Scott Corley ruled.

Corley ruled on a lawsuit brought by Sean White, who has spent much of his career involved in the Russian River in one way or another, serving as general manager of the Russian River Flood Control and Water Conservation Improvement District before moving in 2015 to direct sewage and water services for the city of Ukiah.

White brought the lawsuit as a private citizen. The Endangered Species Act, one of the nation’s bedrock environmental laws, allows for citizens to sue governments, businesses or individuals they believe to be violating the act.

Read more at https://www.pressdemocrat.com/article/news/russian-river-protected-salmon-dam-releases/

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Op-Ed: Saving rainwater for sunny days to come

Grant Davis, PRESS DEMOCRAT

The current water year, which began Oct. 1, has been wetter than usual, with the Russian River watershed accumulating 119% of the yearly average rainfall, totaling 49.38 inches since October.

In the past, we might have celebrated our good fortune and watched lake levels rise only to watch much of it sent downriver to the Pacific Ocean as reservoirs reached an inflexible upper threshold. Today, we get to continue enjoying that ample rainfall long after summer sunshine arrives.
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Grant Davis

With almost a decade of data under its belt, the Russian River Forecast-Informed Reservoir Operations program has been making great strides by demonstrating the viability of this strategy to operate reservoirs more effectively using modern technology and forecasting.

This year, we expect the new method to ensure an additional 19,000 acre-feet of water in the Lake Sonoma reservoir heading into the summer, just as it did last year, thanks to our ability to leverage weather forecasting techniques and adapt how we manage our reservoirs. Add to that another 9,000 acre-feet stored in Lake Mendocino. An acre-foot equates to 325,851 gallons.

That 28,000 acre-feet represents a substantial savings, or almost 65% of Sonoma Water’s annual demand, given that the agency is projecting its three-year average annual water sales to be just under 43,000 acre-feet.

Read more at https://www.pressdemocrat.com/article/opinion/sonoma-drought-water-dam-storage/

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Sonoma, Mendocino county water managers propose pathway for continued Eel River diversions

Mary Callahan, PRESS DEMOCRAT

Water managers in Sonoma and Mendocino counties seek to preserve water transfer infrastructure as part of PG&E license surrender for Potter Valley power plant.

Water managers in Sonoma and Mendocino counties have submitted a conceptual proposal to PG&E to buy and maintain portions of the utility’s defunct Potter Valley power plant to enable future water transfers.

The move would be a critical step toward preserving seasonal diversions of Eel River water to supplement supplies in Lake Mendocino and the Russian River.

Working with the Mendocino County Inland Water and Power Commission and the Round Valley Indian Tribes, the Sonoma County Water Agency is seeking to preserve elements of the power plant through which water is channeled from the Eel River to the East Fork Russian River. No electricity would be generated as a part of the plan.

Pacific Gas & Electric has planned to surrender its license for the 1908 plant with the intent of decommissioning it. Without a proposal to save it, the diversion infrastructure would eventually be removed, leaving upper Russian River communities and agriculture users without sufficient water.

Read more at https://www.pressdemocrat.com/article/news/sonoma-mendocino-county-water-managers-propose-pathway-for-continued-eel-r/?ref=mosthome

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Op-Ed: Eel River dam debate echoes nationally

Cameron Nielson & Sarah Bardeen, THE PRESS DEMOCRAT

On paper, California’s Eel River is a prime candidate for restoration.

It’s a remote river that runs through rugged, lightly populated terrain in Northern California. As with many rivers in the region, a combination of logging, overfishing and dams decimated its once-plentiful salmon and steelhead runs. The introduction of a native predator, the pikeminnow, only made things worse.

But some of that could be put to rights: two aging dams in the Eel’s upper reaches are reaching the end of their life span — and one has been declared seismically unsafe. PG&E, which owns the dams, has chosen not to renew their licenses, setting the stage for removal if no new owner steps forward.

Eel River residents overwhelmingly support dam removal, the tribes are adamantly in favor, and a constellation of NGOs is pushing hard for it. If those dams come down, 150 square miles of cold-water habitat will open up to struggling populations of steelhead and salmon, offering needed refuge from the warming climate.

So why is it so hard to get done?

Part of the answer lies in the dam’s history. Part lies in the challenges of coping with a surfeit of aging infrastructure. And part lies in the complexities of who exactly constitutes the river’s community. Finding a solution has implications not just for the state but for the nation.

Read more at https://www.pressdemocrat.com/article/opinion/nielsen-and-bardeen-eel-river-dam-debate-echoes-nationally/

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California Coastkeeper Alliance lawsuit challenges the County of Sonoma to protect public trust resources

California Coastkeeper Alliance

Today, California Coastkeeper Alliance filed a lawsuit in Superior Court to compel the County of Sonoma to consider and mitigate impacts to public trust resources caused by groundwater extraction in the Russian River watershed. As the Russian River watershed faces a drought emergency, California Coastkeeper Alliance is working to hold Sonoma County accountable to protect public trust resources and prevent over pumping of its waterways. Everyone will need to do their part to ensure the Russian River maintains sufficient flows through this drought, and that includes restricting groundwater pumping as surface water pumping rights are curtailed.

“Over-pumping groundwater has had and continues to cause significant, harmful effects on the flow of the Russian River and its tributaries,” says Sean Bothwell, Executive Director of California Coastkeeper Alliance. “The current drought only makes this problem worse and restricting surface diversions alone merely drives more groundwater pumping. Groundwater connected to surface waters must also be managed, so we can endure the current drought crisis and be more resilient for future drought extremes. Responsibly regulating groundwater use protects other water users, as well as fish and wildlife”

The Russian River, its tributaries, and the aquatic life that depends on their flows, such as endangered Coho salmon, are protected by the public trust doctrine under the California state constitution. Large, self-sustaining populations of Coho salmon once occupied rivers and streams within the Russian River watershed, but insufficient streamflow has negatively affected the recovery of local salmon populations.
Continue reading “California Coastkeeper Alliance lawsuit challenges the County of Sonoma to protect public trust resources”

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Sonoma Water petitions State for critical water condition for Russian River as severe drought persists

SONOMA WATER

On May 25, 2022, Sonoma Water filed Temporary Urgency Change Petitions (TUCPs) with the State Water Resources Control Board (State Water Board) Division of Water Rights requesting changes to establish a Critical water supply condition in the Russian River. Under critical water supply conditions, the Russian River would have minimum instream flow requirements of 25 cfs and 35 cfs in the upper and lower river, respectively.

This change will allow Sonoma Water to continue the minimum instream flows that the river is currently operating under and preserve water supply in both Lake Mendocino and Lake Sonoma. It will also help avoid violating the Incidental Take Statement for Dry Creek established in the Russian River Biological Opinion.

The current petitions also commit Sonoma Water and its retail customers to a (the cities of Cotati, Petaluma, Rohnert Park, Santa Rosa and Sonoma; the town of Windsor; and Valley of the Moon and North Marin water districts) 20-percent reduction in total diversions from the Russian River between July 1 and October 31 compared to the same time period in 2020.

“The Russian River watershed is facing severe drought conditions for the third year in a row and filing Temporary Urgency Change Petitions is essential to ensure the water supply for more than 600,000 people and the environment in Sonoma and Marin counties,” said Sonoma Water Director James Gore.

Read more at: https://myemail.constantcontact.com/Sonoma-Water-E-News—June-2022.html?soid=1126949444770&aid=hNUkAxwA6hY

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Sonoma Water petitions state for critical water condition for Russian River as severe drought enters third consecutive year

SONOMA WATER

On Wednesday, May 25 Sonoma Water (Sonoma County Water Agency) filed Temporary Urgency Change Petitions (TUCP) with the State Water Resources Control Board to establish a Critical water supply condition for both the upper and lower Russian River as the drought continues.

Under Critical water supply conditions, the Russian River would have minimum instream flow requirements of 25 cfs and 35 cfs in the upper and lower river, respectively. If approved, this change will allow Sonoma Water to continue the minimum instream flows that the river is currently operating under and preserve water supply in both Lake Mendocino and Lake Sonoma.

The current petitions also commit Sonoma Water and its retail customers to a (the cities of Cotati, Petaluma, Rohnert Park, Santa Rosa and Sonoma; the town of Windsor; and Valley of the Moon and North Marin water districts) 20-percent reduction in total diversions from the Russian River between July 1 and October 31 compared to the same time period in 2020.

Read more at https://sonomacounty.ca.gov/sonoma-water-petitions-state-for-critical-water-condition-for-russian-river-as-severe-drought-enters-third-consecutive-year

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More severe droughts are looming. Could Santa Rosa’s pioneering water recycling program help stave off disaster?

Guy Kovner, THE PRESS DEMOCRAT

Homes and businesses across central Sonoma County generated more than 5 billion gallons of wastewater last year, enough to fill more than 7,500 Olympic-sized swimming pools. That sewage flowed into Santa Rosa’s regional treatment plant south of Sebastopol, where it was cleaned up and nearly all of it put to a second use.

About 4 billion gallons of recycled water was pumped north from the Llano Road treatment plant in a 41-mile pipeline and up a steep slope into The Geysers geothermal fields southeast of Cloverdale. There it was injected into the ground to generate enough clean, renewable energy for about 100,000 North Bay households.

The system also sent 788 million gallons of recycled water to 61 farms covering 6,400 acres that produce milk, hay, grapes and vegetables, along with 386 million gallons for urban irrigation in Rohnert Park and Santa Rosa, the two largest cities in the wastewater system.

Every drop of the recycled irrigation water — safe for everything short of human consumption and sanitized to a degree that eliminates the COVID virus — replaces a drop of potable water from sources sure to be strained as California moves into its third year of worrisome drought.

Read more at https://www.pressdemocrat.com/article/news/more-severe-droughts-are-looming-could-santa-rosas-pioneering-water-recyc/

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Sonoma County unveils first-ever proposed well water fees under pioneering California groundwater law

Guy Kovner, THE PRESS DEMOCRAT

In a dramatic shift from California’s history of allowing landowners to freely pump and consume water from their own wells, Sonoma County’s rural residents and many others will soon begin paying for the water drawn from beneath their feet.

In the sprawling 81,284-acre Santa Rosa Plain groundwater basin, the proposed regulatory fee for a rural resident is $18 to $25 a year, much lower than the rates in the more sparsely populated Petaluma and Sonoma valleys.

In the 44,846-acre Sonoma Valley basin, the fee would be $48 to $80 a year, and in the 46,661-acre Petaluma Valley basin, it would be $115 to $200 a year.

The residential fees are based on an assumption that rural residents typically pump a half-acre foot of well water a year. Most homes do not have water meters and none will be installed under the fee program.

Large groundwater water users — including ranches, cities, water districts and businesses — would pay fees based on the volume of water drawn from their wells.

Fees in the Santa Rosa basin would be $35 to $50 per acre foot, in Sonoma Valley $95 to $160 per acre foot and in Petaluma Valley $230 to $400 per acre foot.

Read more at https://www.pressdemocrat.com/article/news/sonoma-county-unveils-first-ever-proposed-well-water-fees-under-pioneering/

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Fishery groups plan to sue PG&E over Potter Valley plant and related Scott, Cape Horn dams

Mary Callahan, THE PRESS DEMOCRAT

A coalition of fishery groups has formally notified PG&E that it plans to file suit under the Endangered Species Act, alleging the continued injury to once abundant federally protected salmon and steelhead trout as a result of operations at the utility’s aging Potter Valley powerhouse.

The legal maneuver is part of an effort to expedite removal of Scott and Cape Horn dams, which pose a threat to vulnerable fish species in the Eel River and block access to hundreds of miles of prime habitat upstream.

The plaintiffs contend that last Thursday’s expiration of PG&E’s license for the project means the utility is no longer protected from liability and must be found in violation of the Endangered Species Act — a point the utility disputes.

A formal notice filed Friday by the coalition gives PG&E 60 days to remedy the situation or face litigation. It also echoes comments about project inadequacies made in a March 16 letter from the National Marine Fisheries Service to the Federal Energy Regulatory Commission in advance of the expiration of the utility’s license.

Read more at https://www.pressdemocrat.com/article/news/fishery-groups-plan-to-sue-pge-over-potter-valley-plant-and-related-scott/