leland frayseth to: california water commission cc: shoemaker, … · 2020. 4. 1. · from: leland...

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From: Leland Frayseth To: California Water Commission Cc: Shoemaker, Brianna@DWR Subject: California Water Commission 15 March 2017 Agenda item 7 Public Comment Leland Frayseth revision 1 Date: Saturday, March 11, 2017 11:11:58 AM Attachments: 030117 Board Agenda-8-65ClmgL.pdf CCWDBlendingTestimony.png CCWDDamSafety.pdf LV election resolution 03-31 final.pdf LVQchart.pdf LVroadMudSlide.png LVWaterFixSchedule.pdf MorganRoadMudSlide.png ReclamationCoCoCanalDelivery_DwrCdecLVQ_15Feb2017LHF - LVmochangechartOct-Mar.pdf USBR Response to DOI OIG Complaint on LVE...pdf Dear Staff, Please use this revision 1 of my comments to print for the meeting packets, I have corrected: the meeting date in the subject, the name on the dam safety attachment and added the 65ClmgL attachment. Thank you. Leland Subject: California Water Commission 15 March 2017 Agenda item 7 Public Comment Leland Frayseth revision 1 Dear Commissioners Baker, Ball, Byrne, Curtin, Del Bosque, Herrera, Keig, Orth, Quintero, staff and the public: My name is Leland Frayseth, the following are my written comments, I am retired, I am representing myself. Due to the recent Oroville spillway failure, Oroville's urgent need for repairs resulting in the governor's request to the legislature to reallocate Prop 1 monies for emergency repairs, I am asking you to immediately notify Contra Costa Water District (CCWD) there will be no Prop 1 money available to increase their off stream reservoir Los Vaqueros to 275,000 acre feet (AF). I believe your immediate notification will save CCWD rate payers $2M and save Reclamation $2M that would be wasted this year preparing the Los Vaqueros 275,000AF Environmental Impact Report (EIR) and application for Prop 1 funding. I believe there will only be enough Prop 1 money for Sites reservoir, Temperance Flats reservoir and Oroville dam repairs and those projects require priority because they benefit all Californians. I understand you and your staff have spent a lot of time designing a process to allocate Prop 1 funding but the business conditions have dramatically changed with the Oroville spillway failure. I am a 30 year CCWD customer and homeowner in Concord, California. I was an early supporter of Los Vaqueros as an off stream reservoir, I believed it would improve the water quality in my home. In 2004 I voted yes on the ballot initiative "Shall Contra Costa Water District work with public water agencies to expand Los Vaqueros Reservoir, at no cost to District ratepayers, to: (1) increase water supplies for drought protection; (2) improve drinking water quality; and (3) protect endangered fish in the Delta, on condition that: (a) CCWD water rates will not increase; (b) no water will be exported to Southern California or a peripheral canal; and (c) CCWD will still operate the expanded reservoir?". Last year I spoke at CCWD's board meeting in defense of Los Vaqueros reservoir and CCWD's agreement with the Department of Water Resources (DWR) on the California WaterFix in front of a lot of angry farmers and environmentalists, at much risk to my own safety, one of the farmers at the meeting said they have guns. I did not know CCWD entered into a cost sharing Memorandum of Understanding with Reclamation in 2015 to each spend up to $3.5M to study the Los Vaqueros 275,000AF expansion. I did not know my CCWD water rates would rise in 1 February 2017 and CCWD would blame Reclamation's raw cost of water for the rate increase. I have become active and involved in water quality issues. I spoke at the State Water Resources Control Board (SWRCB) and one of their chief scientist's recommended I read "Battling the Inland Sea" by Robert Kelly. It is a great book and I recommend the California Water Commissioners and staff read it. It is available in the Sacramento library or you can buy your own copy on Amazon. It is an expensive $34 college textbook but Amazon will give you a credit for free tunes to download, in my college days I went to Tower Records for a study break. SWRCB's chief scientist also gave me links to California Data Exchange Center (CDEC). I downloaded CDEC data for station LVQ (Los Vaqueros acre feet by month 1998 to present) stations INB, IDB and CCW (chloride and flow for CCWD's turnouts in the Delta) pulled the data into Google Sheets and made spreadsheets and charts to analyze the data. The biggest draw down of Los Vaqueros was in 2011 to support construction expanding the reservoir from 100,000 to 160,000 AF, If the current reservoir meets CCWD customer's needs as stated by their board president in meeting notes why would I as a customer want to support the risk of drawing it down for a 275,000 AF expansion? A draw down during WaterFix construction would put at risk the emergency supply I may need if something were to foul Delta intakes during construction. I made a schedule, just my thoughts, to see touch points and conflicts in a WaterFix-Los Vaqueros

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  • From: Leland Frayseth To: California Water Commission Cc: Shoemaker, Brianna@DWR Subject: California Water Commission 15 March 2017 Agenda item 7 Public Comment Leland Frayseth revision 1 Date: Saturday, March 11, 2017 11:11:58 AM Attachments: 030117 Board Agenda-8-65ClmgL.pdf

    CCWDBlendingTestimony.png CCWDDamSafety.pdf LV election resolution 03-31 final.pdf LVQchart.pdf LVroadMudSlide.png LVWaterFixSchedule.pdf MorganRoadMudSlide.png ReclamationCoCoCanalDelivery_DwrCdecLVQ_15Feb2017LHF - LVmochangechartOct-Mar.pdf USBR Response to DOI OIG Complaint on LVE...pdf

    Dear Staff, Please use this revision 1 of my comments to print for the meeting packets, I have corrected: the meeting date in the subject, the name on the dam safety attachment and added the 65ClmgL attachment. Thank you. Leland

    Subject: California Water Commission 15 March 2017 Agenda item 7 Public Comment Leland Frayseth revision 1

    Dear Commissioners Baker, Ball, Byrne, Curtin, Del Bosque, Herrera, Keig, Orth, Quintero, staff and the public:

    My name is Leland Frayseth, the following are my written comments, I am retired, I am representing myself. Due to the recent Oroville spillway failure, Oroville's urgent need for repairs resulting in the governor's request to the legislature to reallocate Prop 1 monies for emergency repairs, I am asking you to immediately notify Contra Costa Water District (CCWD) there will be no Prop 1 money available to increase their off stream reservoir Los Vaqueros to 275,000 acre feet (AF). I believe your immediate notification will save CCWD rate payers $2M and save Reclamation $2M that would be wasted this year preparing the Los Vaqueros 275,000AF Environmental Impact Report (EIR) and application for Prop 1 funding. I believe there will only be enough Prop 1 money for Sites reservoir, Temperance Flats reservoir and Oroville dam repairs and those projects require priority because they benefit all Californians. I understand you and your staff have spent a lot of time designing a process to allocate Prop 1 funding but the business conditions have dramatically changed with the Oroville spillway failure.

    I am a 30 year CCWD customer and homeowner in Concord, California. I was an early supporter of Los Vaqueros as an off stream reservoir, I believed it would improve the water quality in my home. In 2004 I voted yes on the ballot initiative "Shall Contra Costa Water District work with public water agencies to expand Los Vaqueros Reservoir, at no cost to District ratepayers, to: (1) increase water supplies for drought protection; (2) improve drinking water quality; and (3) protect endangered fish in the Delta, on condition that: (a) CCWD water rates will not increase; (b) no water will be exported to Southern California or a peripheral canal; and (c) CCWD will still operate the expanded reservoir?". Last year I spoke at CCWD's board meeting in defense of Los Vaqueros reservoir and CCWD's agreement with the Department of Water Resources (DWR) on the California WaterFix in front of a lot of angry farmers and environmentalists, at much risk to my own safety, one of the farmers at the meeting said they have guns. I did not know CCWD entered into a cost sharing Memorandum of Understanding with Reclamation in 2015 to each spend up to $3.5M to study the Los Vaqueros 275,000AF expansion. I did not know my CCWD water rates would rise in 1 February 2017 and CCWD would blame Reclamation's raw cost of water for the rate increase.

    I have become active and involved in water quality issues. I spoke at the State Water Resources Control Board (SWRCB) and one of their chief scientist's recommended I read "Battling the Inland Sea" by Robert Kelly. It is a great book and I recommend the California Water Commissioners and staff read it. It is available in the Sacramento library or you can buy your own copy on Amazon. It is an expensive $34 college textbook but Amazon will give you a credit for free tunes to download, in my college days I went to Tower Records for a study break. SWRCB's chief scientist also gave me links to California Data Exchange Center (CDEC).

    I downloaded CDEC data for station LVQ (Los Vaqueros acre feet by month 1998 to present) stations INB, IDB and CCW (chloride and flow for CCWD's turnouts in the Delta) pulled the data into Google Sheets and made spreadsheets and charts to analyze the data. The biggest draw down of Los Vaqueros was in 2011 to support construction expanding the reservoir from 100,000 to 160,000 AF, If the current reservoir meets CCWD customer's needs as stated by their board president in meeting notes why would I as a customer want to support the risk of drawing it down for a 275,000 AF expansion? A draw down during WaterFix construction would put at risk the emergency supply I may need if something were to foul Delta intakes during construction. I made a schedule, just my thoughts, to see touch points and conflicts in a WaterFix-Los Vaqueros

  • 8 . .... ~ CONTRA COSTA -::;aa:=•WATER DISTRICT -

    Agenda Item No. Meeting Date: Resolution:

    March 1, 2017 ( ) Yes (X) No -

    AGENDA DOCKET FORM

    SUBJECT: WATER SUPPLY UPDATE AND REVIEW OF WATER QUALITY OBJECTIVES

    SUMMARY: After five years of drought, California's variable climate is providing a year of abundant rain and snowfall. As of February 13 northern Siena precipitation stands at 221 % of average for this time. of year, the largest amount recorded since records have been kept beginning in 1922. The Febtuary snow survey found that the state,.wide snowpack was 173% of average for this time of year. Shasta Reservoir, the primary reservoir serving Central Valley Project customers including the District, has already filled to its maximum allowed level: Environmental regulations may limit water deliveries south of the Delta this spring and summer, but should not materially affect the District.

    Although water is plentiful this year, the State Water Resources Control Board has extended the emergency water conservation regulation that was introduced to address the recent drought. The regulation has been amended to replace the prior percentage reduction-based water conservation standards with a localized supply reliability "stress test" approach. Under this approach, the District has reported sufficient supplies to meet demand for three additional dry years and is therefore not subject to state conservation mandates. Nonetheless, District customers . continue to demonstrate a commitment to conservation and treated water customers are projected.to save 8,700 acre-feet in fiscal year 2017, of 26% of the fiscal yeru: 2013 baseline demand. ·

    The District's water supply outlook is good. The District's Central Valley Project allocation for contract year 2017 (March 2017 to February 2018) is expected to be sufficient to meet all water supply demands. Los Vaqueros Reservoir filling in January and February added 12,000 acre-feet of water storage, and reservou: storage is projected to reach 150,000 acre-feet by June 30, its highest-ever level. This elevated storage level provides security for District customers in the event of another drought or

    . . an emergency.

    (Continued on page 2)

    FISCAL IMP ACT: Although sufficient water. supplies in 2017 will mean no State imposed reductions on the District, tl1e District will continue to encourage efficient customer use. The FY 2017 budget includes water and.power costs to meet customer demand throughout the year and to refill Los Vaqueros Reservoir to 150,000 acre-feet. A scheduled maintenance outage will prevent filling in March. An item will be brought to the Board on March 15 to identify the funding soutce for additional reservoir filling later in the year. ·

    RECOMMENDED ACTION: Review and comment on the water supply update and review of water quality objectives.

    Water Resources Manager

    LSO:wecv~

  • Water Supply Update and Review of Water Quality Objectives March 1, 2017 Page 2

    AGENDA DOCKET FORM

    SUMMARY (Continued from Page 1):

    Board Resolution 88-45 set 65 mg/L chlorides as a long-term goal for water quality, to be balanced with goals for emergency storage and minimizing costs. Based on the past 20 years of operations including a levee break in 2004 and an unprecedented drought in 2015,"flexing" delivered water quality to higher chlorides at times (80 to 100 depending on hydrologic conditions) can still achieve long-tenn delivery averages wen below 65 mg/L chlorides, results in an average of an extra 20,000 acre-feet of storage in Los Vaqueros during droughts and emergencies, and reduces the District's average water and power costs by $310,000 per year. Experience also shows that "flexing" the delivery goal does not create any customer impacts and best achieves balance an1ong the goals originally set for the Los Vaqueros Project.

  • DATE:

    TO:

    FROM:

    SUBJECT:

    CONTRA COSTA WATER DISTRICT Staff Report

    March 8, 2017

    Operations and Engineering Conunittee

    Jeny Brown

    INTRODUCTION

    2.

    The purpose of the Dam Safety Program is to ensure safe performance of the District's dams and levees, and comply with State of California Division of Safety of Dams (DSOD), United States Bureau of Reclamation (USBR), Reclamation District 2040 (RD-2040), and Reclamation District 800 (RD-800) requirements for geotechnical instrumentation monitoring, reporting, maintenance, equipment testing, and emergency preparedness. The District oversees the performance of Los Vaqueros and Mallard Dams (DSOD jurisdiction), Martinez and Contra Loma Dams (USBR jurisdiction), Middle River Pump Station Levee (RD-2040 jurisdiction), and Old River Pump Station Setback Levee (RD-800 jurisdiction); see attached Exhibit for facility locations. All four dams and both pump station levees continue to perform well and within expected limits. This repmt smm11arizes the key efforts by the District to ensure continued safe dam and levee performance since this program was last presented to the O&E Cmmnittee on September 9, 2015.

    RECOMMENDATION . .

    Receive repmt and conunent.

    DISCUSSION

    District staff verifies through visual inspections, monitoring and repmting of geotechnical instrumentation data, and periodic testing of equipment that all four dams and two pump station levees continue to perform well and within expected parameters. Annual safety inspections by DSOD and USBR have confirmed acceptable performance with continued positive feedback on the District's proactive approach to dam safety.

    In addition to the typical dam monitoring activities, the DistTict has resumed enhanced dam monitoring ·as the Los Vaqueros (L V) Reservoir continues to fill above the highest previous water level, also known as "first fill." This enhanced monitoring includes daily site visits, weekly monitoring of instrumentation results, and monthly reporting to DSOD. Now that filling has resumed, the first report to DSOD will be submitted in March 2017 and it is anticipated that the dam will continue to perform in an acceptable manner. L V Reservoir is currently at 85% capacity and is expected to fi ll to 95% capacity (150,000 acre-feet) this fiscal year.

  • Operations and Engineering Committee Dam Safety Program Update March 8, 2017 Page 2

    A key component of the District's Dam Safety Program is emergency response preparedness, which involves annual review of the Emergency Action Plans (EAP) for each dam and testing of the associated dam safety equipment. EAPs were prepared for the dams with downstream populations: Los Vaqueros, Conh·a Loma, and Martinez. The EAPs provide key dam safety information and notification procedures as well as an outline of coordinated response procedures in the event of a potential dam emergency event, such as a large earthquake or high flow release. The EAPs also includes inundation maps used to prioritize response in the remote event that dam safety is compromised.

    In addition to the annual review of dam EAPs, exercising emergency release valves and outlet gates is integral to emergency response preparedness. In the event of an emergency, this equipment must be in good working order to allow releases from the reservoir to lower the reservoir level. It was during one of these exercises that L V's lowest outlet gate, Gate #5, was identified as inoperable. The remaining four outlet gates are capable of draining 90% of the reservoir's total capacity to a storage volume of 14,000 acre-feet. The District is in the process of repairing Gate #5 to meet DSOD's dam safety requirement and restore the ability to fully drain the reservoir within 90 days following a significant event. A remotely-operated vehicle (ROV) video inspection of Gate #5 and the surrounding water bottom was conducted in late December 2016 to evaluate whether the gate was covered by reservoir siltation. The inspection concluded that the entrance to the gate is generally above the silt line with only a relatively thin cover of silt on the threshold of the gate structure; the trash rack, hydraulic cylinder, and high pressure supply lines are in good condition; and the supporting frame metal work has minor coating degradation. The District is developing a bid package to free and rehabilitate the stuck Gate #5, which is expected to be greatly simplified given these inspection results. Gate #5 will be returned to service by June 2018.

    Annual inspections by DSOD, USBR, and District staff have verified the spillways at all four District dams are in good condition. The recent challenges at Oroville dam are not applicable at LV, Contra Loma, Maiiinez, or Mallard since these are off-stream reservoirs with relatively small watersheds and primarily filled by pumping Delta water, unlike Lake Oroville, which receives uncontrolled inflow from the Feather River. Each of the District's dams have a concrete lined spillway to prevent erosion, which is sized to discharge the maximum anticipated flow rates from a peak storm event within their respective watersheds.

    The recent series of strong winter storms with above-average rainfall have caused surficial erosion on two areas of the downstreain face ofLV dam. Though not a dam safety concern, repair of these areas is needed to prevent further erosion and is required by DSOD. An evaluation is underway to determine the cause .of this surficial erosion and prevent additional erosion from occurring. Potential causes of the recent erosion include rodent burrows which create pathways that oversaturate the slope, and steeper slopes on ce1iain areas of the dam face, which may have had less compaction during original construction. given the steepness. As the cause of this erosion is better understood, mitigation options will be considered. Repairs will be perfonned once the slope areas have dried sufficiently. Additionally, rainfall infiltration from the recent sto1111 events has

  • Operations and Engineering Committee Dam Safety Program Update March 8, 2017 Page 3

    also resulted in some response in geotechnical instruments at the District dams, though these instruments have returned to non11al ranges following the storms.

    PROGRAM SCHEDULE

    The schedule for the Dam Safety Program is as follows:

    USBR Inspections of Contra Loma and Martinez Dams

    L V Dam Gate #5 Rehabilitation Design Complete

    L V Dam Surface Erosion Repair Complete

    DSOD Inspections of L V and Mallard Dams

    L V Dam Gate #5 Return to Service

    RRM/CH/FS :me

    Exhibit: Location Map

    March 2017

    June 20 17

    October 2017

    December 2017

    June 2018

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  • RESOLUTION NO. 03-31

    A RESOLUTION OF THE BOARD OF DIRECTORS OF CONTRA COSTA WATER DISTRICT CALLING FOR AND PROVIDING NOTICE OF

    AN ADVISORY ELECTION CONCERNING THE CALFED BAY-DELTA PROGRAM PROPOSAL FOR EXPANSION OF LOS VAQUEROS

    RESERVOIR, AND PROVIDING FOR RELATED MATTERS ______________________________________________________________________

    WHEREAS, pursuant to the provisions of Elections Code sections 9603 and

    10400 et seq., the Board of Directors of the Contra Costa Water District (“the Board”)

    may adopt a resolution calling an advisory election within Contra Costa Water District

    (“the District”), and requesting that the Contra Costa County Board of Supervisors

    consolidate said District election with all other elections to be held within the District

    on March 2, 2004, and provide notice of said District election; and

    WHEREAS, the Board has previously determined, in Resolution No. 03-25,

    adopted on June 25, 2003, that it is in the best interest of the District to submit to the

    electors within the District, in an advisory election, the question whether the voters

    think the District should work with public water agencies to expand Los Vaqueros

    Reservoir, subject to the conditions and assurances specified in Resolution No. 03-24,

    adopted June 25, 2003; and

    NOW, THEREFORE, BE IT RESOLVED by the Board that pursuant to sections

    9603 and 10403 of the Elections Code, the Board does hereby order and call for an

    advisory election to be held on March 2, 2004, and hereby requests, pursuant to

    Elections Code section 10400 et seq., that the Contra Costa County Board of

    Supervisors and the Contra Costa County Clerk-Recorder (jointly referred to as “the

    County”) publish notice of said election, and periods for acceptance of ballot

    arguments, all in accordance with applicable laws.

  • Resolution No. 03-31 July 16, 2003 Page 2

    BE IT FURTHER RESOLVED that the election shall be held throughout the

    entirety of the District.

    BE IT FURTHER RESOLVED that the General Manager is hereby directed to

    request that the County consolidate the District election with all other elections to be

    held within the District on March 2, 2004, and that the Board hereby consents to said

    consolidation.

    BE IT FURTHER RESOLVED that the District Secretary is hereby directed to

    transmit to the County the following advisory measure which shall be submitted to the

    electors of the District:

    Shall Contra Costa Water District work with public water agencies to expand Los Vaqueros Reservoir, at no cost to District ratepayers, to: (1) increase water supplies for drought protection; (2) improve drinking water quality; and (3) protect endangered fish in the Delta, on condition that: (a) CCWD water rates will not increase; (b) no water will be exported to Southern California or a peripheral canal; and (c) CCWD will still operate the expanded reservoir?

    BE IT FURTHER RESOLVED that the General Manager is hereby directed to

    request the County to indicate an advisory vote, pursuant to Elections Code section

    9603(b), by the ballot heading “Advisory Vote Only”.

    BE IT FURTHER RESOLVED that the Contra Costa County Board of

    Supervisors is requested to issue instructions to the County Election Department to take

    any and all steps necessary for the holding of the consolidated election in accordance

    with the laws and procedures applicable to the County and the District, and that the

    manner in which said election shall be conducted shall conform to the procedures and

  • Resolution No. 03-31 July 16, 2003 Page 3

    requirements established by law for such consolidated elections, including but not

    limited to the canvassing and reporting of the results of the vote on the measure.

    BE IT FURTHER RESOLVED that the Secretary of the District is hereby

    directed to file certified copies of this Resolution with the Contra Costa County Board

    of Supervisors, the Contra Costa County Clerk-Recorder, the Contra Costa County

    Registrar of Voters, and the Contra Costa County Election Department, and to cause to

    be published the text of this Resolution as the District’s notice of the election, pursuant

    to Government Code sections 58006 – 58007.

    BE IT FURTHER RESOLVED that District counsel is hereby authorized and

    instructed to prepare and submit to appropriate Contra Costa County election officials

    an impartial analysis of the ballot measure, in accordance with Elections Code section

    9314.

    BE IT FURTHER RESOLVED that the Board hereby authorizes and directs the

    President of the Board to prepare and file with appropriate Contra Costa County

    elections officials ballot arguments in favor of this advisory measure and consistent

    with Board policies, pursuant to Elections Code sections 9342, 9162 and 9167.

    BE IT FURTHER RESOLVED that the General Manager is hereby authorized

    and directed to reimburse the County for the actual costs incurred by the County for the

    District election, such costs to be calculated on the basis of the cost allocation method

    in use by the County for calculation of the costs of consolidated elections.

    BE IT FURTHER RESOLVED that the General Manager is hereby authorized

    and directed to take all other steps as shall be necessary and appropriate for the calling,

    conduct, and certification of the results of said election.

    * * * * * * * * *

  • DwrCdecQueryLVQ23Aug2016LHF - LVQsalinitychart

  • 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 20331 Met buys islands x2 Obama leaves, Fish and Wildlife studies complete Jan3 Brown leaves, WaterFix ground breaking ceremony Dec4 Construction begins, Met incurs WaterFix costs x x x x x x x x x x x x x5 WaterFix operational x x6 160,000 AF LV needed for CCWD quality, pay bonds x x x x x x x x x x x x x x x x x x7 Borba schmoozes for LV partners x8 Patil LV funding $800M 50% CWC 50% partners Dec9 Patil LV drain x

    10 CCWD incurs costs for 2nd expansion x x x x x x x x x x x x11 Patil LV demo 2011 marina x12 Patil LV demo 2011 spillway, outfall, valve bldg x13 Patil LV construct new spillway, outfall, valve bldg x x14 Patil LV pour right and left dam abutments x x15 Patil LV fill mined clay soil on face of dam to raise x x16 Patil LV repave dam roads x x17 Patil LV 2nd refill to 245,000 AF x x x x18 Higher salt old, middle river intakes x x19 Allen tell CCWD customers why LV out of service x x x x20 30,000 AF from Freeport deliver to LV per DWR 334 x

    ABC

    DWR WaterFix modeling exhibit

    Activity

    NotesBoard minutes 18 May 2016 p8 para2 "President Borba said she did not want additional costs added onto the District's customers because the current LV reservoir met the District's needs."

    LV is of no Prop 1 recreational value to me because it is hard to get to, I can't launch my homemade boats, I can't bring my dogs and I can't swim in it

    It will take 4 years to refill reservoir with 200,000 AF of water with salanity below 500 ms/cm (when there is surplus water in the delta CCWD is allowed to pu

    DWR WaterFix overview exhibit AECOM Los Vaqueros 2011 expansion construction photo

    WaterFix-LVexpansionDraftScheduleLHF23Aug2016

  • Page 1 of 2

    USBR Response to DOI OIG Complaint Number: OI-HQ-17-0102-R

    Complaint Tile: USBR Funds $1 Million to Los Vaqueros Expansion Study

    Summary of Complaint: USBR inappropriately expended more than $1 million for an expansion study at the Los Vaqueros Reservoir in Livermore, CA.

    The complaint references $1 million shown on the following slide:

    Response:

    The Secretary of the Interior was authorized to undertake feasibility studies for enlarging Los Vaqueros Reservoir in February 2003 through Section 215 of Public Law 108-7: (https://www.congress.gov/108/plaws/publ7/PLAW-108publ7.pdf)

    “The Secretary of the Interior, in carrying out CALFED-related activities, may undertake feasibility studies for Sites Reservoir, Los Vaqueros Reservoir Enlargement, and Upper San Joaquin Storage projects. These storage studies should be pursued along with ongoing environmental and other projects in a balanced manner.”

    In October 2004, the Water Supply, Reliability, and Environmental Improvement Act (Public Law 108-361) authorized Federal agencies to participate in implementing CALFED. Public Law 108-361, Section 103, authorizes the Secretary to carry out planning and feasibility studies for

    https://www.congress.gov/108/plaws/publ7/PLAW-108publ7.pdf

  • Page 2 of 2

    enlarging Los Vaqueros Reservoir: (https://www.gpo.gov/fdsys/pkg/PLAW-108publ361/html/PLAW-108publ361.htm)

    Sec. 103, (b) states,

    "...The Secretary and the heads of the Federal agencies are authorized to carry out the activities described in subsections (c) through (f) in furtherance of the Calfed Bay-Delta Program as set forth in the Record of Decision, subject to the cost-share and other provisions of this title..."

    Sec. 103, (c) states,

    “The Secretary of the Interior is authorized to carry out the activities described in paragraphs (1) through (10) of subsection (d), to the extent authorized under the reclamation laws, the Central Valley Project Improvement Act (title XXXIV of Public Law 102-575; 106 State. 4706), the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and other applicable law.”

    Sec. 103 (d) states,

    "Description of Activities Under Applicable Law. -- (1) Water storage.-- (A) In general.--Activities under this paragraph consist of-- (i) planning and feasibility studies for projects to be pursued with project-specific study for enlargement of-- (I) the Shasta Dam in Shasta County; and (II) the Los Vaqueros Reservoir in Contra Costa County…”

    Reclamation and Contra Costa Water District (CCWD) have a cost share agreement for up to $3.5 million each (attached). Section 5a of the attached Memorandum of Understanding (MOU) describes the financial obligations. As of September 30th, 2016, Reclamation has spent $1.04M on consultants, Technical Services Center and in-house labor.

    The study is clearly authorized by the statutes above, and Reclamation has been provided funding in its annual appropriations for the study. Further, Reclamation has been directed by Congress to complete the study during 2017. As such, we find no merit to the complaint.

    https://www.gpo.gov/fdsys/pkg/PLAW-108publ361/html/PLAW-108publ361.htm

  • • •

    • •

    expansion. I have shared all of my information with CCWD's staff and board. To this date I have not gotten a business case for a 275,000 AF expansion that shows me my benefits and recovery of my initial investment as a CCWD ratepayer. I believe from looking at the wave pattern in the line on my Los Vaqueros reservoir level chart 20 years ago CCWD did in fact use Los Vaqueros reservoir for blending so water delivered to my house would not be so salty from October to March when we have low delta flows and the winter king tides pushing sea water into the Delta. Then something changed, remember this is an off stream reservoir, I believe they figured out pumping water to the reservoir's 506 foot elevation costs a lot of money in electricity (and also dumps a lot of carbon into the atmosphere to generate that electricity). In fact last week before their board they had an agenda item that they are flexing the chloride level in the water delivered to my house to save electricity and reservoir water. My drip coffee pot, the toilet bowls, every faucet and sink in my house has white salt deposits.

    Some interesting facts about CCWD's data I am downloading from CDEC:

    1. I am suspicious when I see 2 consecutive months where Los Vaqueros reservoir (station LVQ) level is the same unchanged value

    2. 12% annual seepage and evaporation is a pretty good number so I would expect consecutive month values to change downward.

    3. The reservoir elevation needs to be updated to 506 feet under dam information in CDEC. 4. 22% of the chloride levels for stations INB, IDB and CCW from CDEC are zero, 1 or missing. 5. 52% of the chloride levels for turnout stations INB, IDB and CCW are less than 65 6. 373 days from 4/17/2008 to 2/28/2017 the flow weighted average chloride level exceeds 65 yet the reservoir month to month change is greater than zero if my logic is right that means they were not blending because reservoir level would be decreasing. That seems like a lot of flexing from their 65mg/L chloride goal in CCWD's last week board agenda item.

    Here are the read only access links to my Google sheets and charts made from CDEC data:

    DwrCdecCCWDturnouts_28Feb2017LHF https://docs.google.com/spreadsheets/d/1ywQcNiS9euFwsYEyA3gDEz0u2NHQ_SQze3PONXh30dE/edit?usp= sharing ReclamationCoCoCanalDelivery_DwrCdecLVQ_15Feb2017LHF https://docs.google.com/spreadsheets/d/1opHwhounJsmlrgWo1uoK4aducuPCCwBexfWpVkT7lnY/edit?usp= sharing

    CCWD's expert Maureen said at the 3 January 2017 SWRCB Bay Delta phase 1 hearing they use Los Vaqueros for blending from October to March but I do not see that data in my models sometimes the month to month reservoir level during that period in increasing and sometimes it is decreasing. I have brought this discrepancy to CCWD's attention and they have not responded to me.

    Twice this winter CCWD's Los Vaqueros road was closed due to mudslides. Nearby Morgan Territory road is closed due to a mud slide and the county says it may be closed for months because they need to wait for the mud to stop moving before they can start road repairs please reference this YouTube video https://www.youtube.com/watch?v=fjLTnenqRyU The topography and geology in the area of Los Vaqueros reservoir is similar, imagine if there were an emergency to work with the earthen dam and roads in the area were closed due to mudslides, it would be difficult if not impossible to bring in construction equipment and work crews.

    I thank the California Water Commissioners, staff and the public for reading this public comment and the attachments. I know you and staff have spent a lot of time and effort on a process for Prop 1 funding but business conditions changed with Oroville's spillway failure. I believe the only thing that will be different now than after your Prop 1 application process is we will know Oroville will cost a lot more to fix, there will be additional demands on Prop 1 for emergency repairs, CCWD and Reclamation will spend $2M each on an EIR and Prop 1 application to turn into you. I don't think CCWD will refund me their rate increase that took effect 1 February 2017, if they save $2M this year on Los Vaqueros studies they need to pay bills to clear Los Vaqueros road mudslides and Morgan Territory road water main. Again I am retired, these views are my own personal views offered under public comment. I am providing these comments well in advance of the submission deadline for your meeting so your staff has the opportunity to assimilate my comments, attachments and hopefully read "Battling the Inland Sea" it is a great book.

    Thank you, Leland Frayseth