WHEREAS, under the Governor’s Executive Order (EO N-7-22), the California Environmental Quality Act (CEQA) is suspended for activates necessary to combat the effects of drought and maximize water efficiency; and
WHEREAS, the Secretary of the California Natural Resources Agency (CNRA) has determined that Healdsburg’s participation in the Agreement is consistent with EO N-7-22 and that CEQA is suspended.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg hereby:
1. Finds that CEQA is suspended relating to Healdsburg participation in the Agreement per determination of the CNRA.
2. Approves the draft Upper Russian River 2022 Voluntary Water Sharing Agreement.
3. Authorizes the City Manager to approve any non-substantive changes to the draft Agreement and execute and/or terminate the agreement on the City’s behalf.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Healdsburg, this 6th day of June 2022, by the following vote:
AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers: ( )
SO ORDERED: ATTEST:
_________________________________ _________________________________ Osvaldo Jimenez, Mayor Raina Allan, City Clerk
9.A.a
Packet Pg. 513 Attachment: Resolution (3643 : Voluntary Water Sharing Agreement) Upper Russian River 2022 Voluntary Water Sharing Program
UPPER RUSSIAN RIVER 2022 VOLUNTARY WATER SHARING PROGRAM By signing this Voluntary Water Sharing Agreement (this “Agreement”), the participating water right holder (the “Participant”) commits to undertake the commitments required for participation in the Upper Russian River 2022 Voluntary Water Sharing Program (the “PROGRAM”) as described below.
WHEREAS:
1. State Water Resources Control Board (the “State Water Board”) staff and interested parties on the Russian River north of its confluence with Dry Creek (the “Upper Russian River Watershed”) have been in discussions about water supply and demand projections since July 2020;
2. Since July 2020, State Water Board staff have encouraged water right holders to pursue voluntary agreements to address water supply and demand conditions that the State Water Board expects to be present in the Upper Russian River;
3. Hydrologic conditions on the Upper Russian River have been well below normal for the past two years, as have conditions on the entire Russian River as consistent with the Western United States is in a Mega Drought cycle, which is expected to continue;
4. On April 21, 2021, Governor Newsom proclaimed a state of emergency to exist in Mendocino and Sonoma counties due to drought conditions in the Russian River Watershed, and on March 28, 2022, Governor Newsom issued Executive Order N-7-22 confirming that such state of emergency persists (https://www.gov.ca.gov/wpcontent/uploads/2022/03/March-2022-Drought-EO.pdf);
5. The Russian River Flood Control & Water Conservation Improvement District (“Flood Control”) and Sonoma County Water Agency (“SCWA”) are the only two water right holders which hold rights to divert water to storage behind Coyote Valley Dam (“Stored Water”), which dam creates Lake Mendocino;
6. In 2021, the State Water Board adopted emergency regulations to protect water supplies and threatened and endangered fish in the Russian River watershed which were codified in Title 23 of the California Code of Regulations, beginning with section 877 (the “2021 Emergency Regulations”);
7. The regulatory effect of the 2021 Emergency Regulations was to curtail all water right holders in the Upper Russian River Watershed, except to allow water right holders in the Upper Russian River Watershed to divert the minimum amount of water needed to meet minimum human health and safety needs;
8. The State Water Board temporarily suspended the curtailments as of October 23, 2021, and continues to analyze water supply conditions to determine whether reimposition of curtailments is warranted;
9. The 2021 Emergency Regulations remain in effect, and State Water Board staff have strongly indicated that (a) water right holders in the Upper Russian River Watershed can
9.A.b
Packet Pg. 514 Attachment: Upper Russian River 2022 Water Sharing Agreement (3643 : Voluntary Water Sharing Agreement) Upper Russian River 2022 Voluntary Water Sharing Program
expect curtailment orders to re-issue under the 2021 Emergency Regulations, and (b) that State Water Board staff plan to propose readoption of the regulation for implementation in 2022 (the “Russian River Emergency Regulations”);
10. California Code of Regulations, Title 23, section 877.4, provides that, after State Water Board approval of this Agreement, participation in and compliance with the PROGRAM will operate as an exception to curtailment unless and until the Deputy Director for Water Rights announces such an exception no longer applies;
11. Given uncertainties regarding potential curtailments of water right holders in the Upper Russian River Watershed, there is a shared desire by the State Water Board and Participants in the PROGRAM to achieve, where possible, an organized effort to conserve water in the Upper Russian River to ensure that no Participant is unable to divert sufficient water to satisfy minimum needs through the current water year;
12. Participation in the PROGRAM is a voluntary effort on behalf of the State Water Board and Participants to balance rights to water under existing law with the various needs for water in the Upper Russian River Watershed during a time of limited water supply and a declared state of emergency due to drought, to drive toward improved regional water management and stewardship during such times, and to provide for an alternative form of water management that avoids complete cessation of diversions due to State Water Board curtailment actions;
13. The State Water Board and Participants intend the PROGRAM to provide Participants with water supply adequate to meet basic needs through the term of the PROGRAM, taking into account human health and safety needs, irrigation and agricultural needs, and regional economic concerns;
14. By entering this Agreement, the State Water Board and the Participants intend to create and participate in a voluntary program where certain Participants agree to forbear their respective diversion(s) of water to which they are legally entitled, thereby making available for other Participants water which would otherwise be unavailable for them to divert;
15. The State Water Board and the Participants acknowledge that effectiveness of the PROGRAM depends on participation by enough water right holders with water still available under their basis of right so that all Participants’ minimum water needs can be met;
16. The PROGRAM does not abrogate the State Water Board’s responsibilities and legal authorities, and does not operate to affect or change existing water rights or the water right priority system beyond the scope of the PROGRAM;
17. Water made available by reduced diversions pursuant to the PROGRAM would not be available but for the PROGRAM. Participants’ diversion of water made available by the PROGRAM therefore will not impact the availability of water for non-participating water right holders;
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Packet Pg. 515 Attachment: Upper Russian River 2022 Water Sharing Agreement (3643 : Voluntary Water Sharing Agreement) Upper Russian River 2022 Voluntary Water Sharing Program
18. PROGRAM participants shall have submitted to the State Water Board Annual Water Use Reports for the years of 2017, 2018, and 2019;
19. The State Water Board and the Participants recognize and acknowledge that the PROGRAM is preferable to water right enforcement actions, regardless of whether those actions are between water right holders or are brought by the State Water Board. The State Water Board and Participants intend the PROGRAM to inform future efforts to adaptively manage water and stewardship throughout the Russian River; and
20. Participation in the PROGRAM is an effort to avoid the contentious, expensive, and disruptive legal disputes over water rights in the Upper Russian River Watershed that could ensue in the PROGRAM’s absence, and by participating, Participants intend not to challenge another Participant’s water rights or exercise thereof for the duration of the PROGRAM.
NOW, THEREFORE:
1. To participate in the PROGRAM, before June 20, 2022, (the “Enrollment Deadline”), Participants:
a. Shall provide the information identified in Exhibit A, which shall identify with specificity which water right(s) the Participant intends to dedicate to the PROGRAM; and
b. As may be necessary, shall provide the information identified in Exhibit A-1, which shall identify any sources of percolating groundwater or other alternate sources which the Participant intends to use to mitigate or offset the impacts of meeting Participant Commitments as defined in Paragraph 2 and Exhibit B, whether its own or those of another Participant; and
c. By signing and delivering this Agreement to the State Water Board, commit to reduce their surface water diversions for the water rights identified in Exhibit A and in accordance with the forbearance thresholds identified in Exhibit B (the “Forbearance Thresholds”), except for quantities of water necessary for minimum human health and safety needs as defined in California Code of Regulations, Title 23, section 877.1, using the monthly average of their diversions reported in their Annual Water Use Reports or Statements of Diversion and Use for the years 2017 – 2019 as a baseline. Nothing in this Agreement shall prejudice any Participant’s or the State Water Board’s position with respect to possible forfeiture, waiver, relinquishment, modification, or change in the Participant’s water rights identified in Exhibits A and A-1, nor with respect to the applicability or authority of State Water Board emergency regulation actions on pre-1914 or riparian water rights.
2. As used in this Agreement, “Participant Commitments” shall mean the specific monthly Forbearance Threshold and compliance criteria applicable to each priority class for the duration of the PROGRAM.
a. The Forbearance Thresholds identified in Exhibit B, and as may be amended, will be prepared on a monthly basis for the duration of the PROGRAM by the State Water Board with the advice of the Upper Russian River Drought Response Steering Committee, and will be based on the number of Participants in the PROGRAM, the water right priorities of participants, and the projected amounts
9.A.b
Packet Pg. 516 Attachment: Upper Russian River 2022 Water Sharing Agreement (3643 : Voluntary Water Sharing Agreement) Upper Russian River 2022 Voluntary Water Sharing Program
of natural and Potter Valley Project (“PVP”) supplies available to satisfy the water right priority classes identified in Exhibit B. The State Water Board will publish the Forbearance Thresholds no later than June 30, 2022. The Forbearance Thresholds will take effect July 1, 2022, and shall remain in effect at least through July 2022. Subsequently, any update to the Forbearance Thresholds will be published no later than the 25th of the month prior to the month any update to the Forbearance Thresholds is to take effect. Any update to the Forbearance Thresholds shall only take effect on the first day of a given month. b. Water available to a class of water right priority for the purpose of this Agreement will be based on the 2017 through 2019 average monthly demand relative to available supplies, as described in Exhibit B, as may be amended. Excepting the ability to divert water to meet minimum human health and safety needs as provided for in the 2021 and 2022 Emergency Regulations, any Participant of a priority class with insufficient supply to meet their demand may not divert except to the extent water is made available through the forbearance actions of other Participants. The Forbearance Thresholds identified in Exhibit B, as may be amended, reflect the extent to which water has been made available for those water right classes experiencing a supply shortage. The maximum water use reductions in Exhibit B shall not be amended. The availability of water identified in Exhibit B will be periodically reviewed and, as necessary, updated by the end of each month to reflect any projected changes in water supply, such as may be due to precipitation or PVP flows.
3. While the PROGRAM remains in effect, Participants shall provide monthly written reports (the “Monthly Program Report”) through the reporting process included as a part of the same online form used to enroll in the PROGRAM by the 10th of the subsequent month, reporting the amount of water diverted under the respective water right for that month (for example, June’s Monthly Program Report is due July 10th, 2022).
4. Participants may reduce their diversions more than required by their Forbearance Thresholds to facilitate another Participant meeting its Forbearance Thresholds and Participant Commitments. Any such arrangement shall be identified in accordance with Exhibit C, to include information explaining how the Participants are meeting their Commitments.
5. Participants agree not to challenge any water rights which a Participant has enrolled in the PROGRAM, or the Participant’s exercise thereof, for the duration of the PROGRAM.
Nothing in this Agreement shall modify or prejudice any right or claim of any Participant or the State Water Board relating to the nature and/or extent of any rights to water identified in Exhibits A and A-1, including, but not limited to, the applicability or authority of State Water Board emergency regulation actions on pre-1914 or riparian water rights.
Nothing in this Agreement or any action taken under the PROGRAM may be construed or used as an admission of any issue, fact, wrongdoing, liability, or violation of any law, rule, or regulation whatsoever.
6. The Participant’s failure to substantially comply with the Participant commitments in this Agreement may result in exclusion from the PROGRAM. A water supplier Participant shall be in substantial compliance with Participant Commitments so long as it has implemented a drought conservation program by the Enrollment Deadline and taken
9.A.b
Packet Pg. 517 Attachment: Upper Russian River 2022 Water Sharing Agreement (3643 : Voluntary Water Sharing Agreement) Upper Russian River 2022 Voluntary Water Sharing Program
reasonable steps to achieve the prescribed Forbearance Threshold. Upon being excluded from this Agreement, a Participant shall be subject to the requirement to curtail in accordance with any curtailment order it has received and the updated curtailment status list.
7. The State Water Board staff shall convene a virtual monthly meeting available to PROGRAM Participants in an effort to continue to report and analyze data on water supply and demand in the Upper Russian River. The monthly meeting may include discussions with State Water Board staff on the status of Monthly Program Reports and management strategies to adapt to any changed or unforeseen hydraulic or hydrologic conditions on the Upper Russian River Watershed.
8. Program participants will rely on a representative group titled The Upper Russian River Drought Response Steering Committee to prepare a final written report to be presented to the State Water Board by January 31st, 2023, (the “Implementation Report”) that synthesizes information gathered during implementation. The Implementation Report will identify lessons learned, impacts, and information gaps, and will provide recommendations to improve future implementation of the program. Recommendations may address such issues as defining baseline water use, increasing gauge monitoring to accurately understand the water losses from diverters, the structure of conservation stages, the extent to which instream needs should be included, local options for administration of the program, and improved methods for determining water availability.
Identified impacts may include categories such as: impacts to listed species and designated critical habitat; agricultural impacts such as crop yields or losses; economic impacts such as lost tax revenue, local and regional business closures; immigration and emigration data; housing data; communal impacts such as community events and programs.
9. Recognizing that participation in the PROGRAM is a voluntary effort on behalf of the State Water Board and Participants to balance rights to water under existing law with the various needs for water in the Upper Russian River Watershed in a time of limited water supply and declared emergency due to drought, to drive toward improved regional adaptive water management and stewardship, and to secure assurances regarding potential State Water Board curtailment actions, the Participants and the State Water Board commit to continue to move forward in good faith.
10. Each and every Participant agrees that their participation in the PROGRAM is essential to the PROGRAM’s success and the ability of the PROGRAM to provide assurances to each Participant regarding the amount of water Participants may divert under the PROGRAM and the avoidance of curtailment. Each and every Participant therefore understands that every Participant is relying on every Participant’s performance in the PROGRAM. Participants may withdraw from the PROGRAM; provided, that, and excepting the first 15 (fifteen) calendar days after the State Water Board publishes the initial Forbearance Thresholds during which time any Participant’s withdrawal shall be effective immediately, withdrawal shall only take effect on the first day of any given month. For withdrawal to be effective, Participants shall provide written notice to the Deputy Director of the Division of Water Rights (the “Deputy Director”) of the Participant’s intent to withdraw from the PROGRAM; provided, that any such withdrawal shall not take effect any earlier than fifteen (15) calendar days of the date the Deputy
9.A.b
Packet Pg. 518 Attachment: Upper Russian River 2022 Water Sharing Agreement (3643 : Voluntary Water Sharing Agreement) Upper Russian River 2022 Voluntary Water Sharing Program
Director receives the notice of withdrawal. Participants understand and acknowledge that, upon withdrawal, any withdrawn Participant shall no longer benefit from the exemption from curtailment participation in the PROGAM provides in accordance with Paragraph 5 of this Agreement and California Code of Regulations, Title 23, section 877.4.
11. Participation in the PROGRAM shall automatically terminate upon a written determination by the Deputy Director of the existence of precipitation sufficient to alleviate all supply water shortages in the Upper Russian River, the rescission of the Drought Emergency Proclamations of April 21, 2021 and May 10, 2021, or any subsequently issued Drought Emergency Proclamations or December 31, 2022, whichever is earlier. Alternatively, the PROGRAM shall terminate upon a written determination by the Deputy Director either that the PROGRAM is adversely affecting or threatens to adversely affect the availability of water for non-Participants. Prior to terminating the PROGRAM, the Deputy Director will consider any recommendations or findings from the Upper Russian River Drought Response Steering Committee to the extent they are made available within a reasonable time.
Participating Water Right Holder (Name of Person or Entity):
______________________________
By signing below, the signatory warrants they hold the water right(s) named above and commit to the terms of this Agreement or warrants they have the authority from the water right holder named above to commit the water right holder to the terms of this Agreement.
Signature: ________________________________ Date: ______________ _____________________________________________
Printed Name of Signatory (If other than the Water Right Holder named above)
9.A.b
Packet Pg. 519 Attachment: Upper Russian River 2022 Water Sharing Agreement (3643 : Voluntary Water Sharing Agreement) Upper Russian River 2022 Voluntary Water Sharing Program
Exhibit A: List of Rights Participant is Applying to the PROGRAM Water Right Statement / Application Number: ________________________ Water Right Statement / Application Number: ________________________ Water Right Statement / Application Number: ________________________ Water Right Statement / Application Number: ________________________ Water Right Statement / Application Number: ________________________ Water Right Statement / Application Number: ________________________ Water Right Statement / Application Number: ________________________ Water Right Statement / Application Number: ________________________ Water Right Statement / Application Number: ________________________ Water Right Statement / Application Number: ________________________
9.A.b
Packet Pg. 520 Attachment: Upper Russian River 2022 Water Sharing Agreement (3643 : Voluntary Water Sharing Agreement) Upper Russian River 2022 Voluntary Water Sharing Program
Exhibit A-1: Identified Alternate Source(s)
If you plan to use alternative sources (recycled water, contract water, percolating ground water, previously stored water, etc.) of water during the duration of the water sharing program, please identify the alternative source(s) by water right below. (Yes / No)
Groundwater ___________
Recycled Water ___________
Stored water on property ___________
Water available through contract ___________
Water available through the 10,000 acre-feet reservation in Lake Mendocino ___________
9.A.b
Packet Pg. 521 Attachment: Upper Russian River 2022 Water Sharing Agreement (3643 : Voluntary Water Sharing Agreement) Upper Russian River 2022 Voluntary Water Sharing Program
Exhibit B: Assumptions and Analysis for Thresholds
WATER RIGHTS DEMAND
• Demand includes all users in the Upper Russian River watershed except Potter Valley Irrigation District (PVID).
• Stage is analyzed at a monthly time step
• Monthly demand based on average of volumes reported through annual water right use reports from 2017 through 2019. Monthly demands for riparian users will be updated if new demand data is received by the State Water Board pursuant to regulation section 877.3. • Reported diversion demand for Sonoma County Water Agency’s (SCWA) Lake Mendocino permit is zero for 2017 to 2019. Diversions under SCWA’s other permits occur in the Lower Russian River.
• Demand associated with (Russian River Flood Control District (RRFCD) license is included. • PVID license demand from Powerhouse Canal is not part of the total demand. PVID’s license is one of most upstream in system and is senior to RRFCD and SCWA. A significant portion of the available PVP flow is a result of return flows after diversion and use by PVID.
This exclusion also allows evaluation of Potter Valley Project (PVP) availability as an inflow to Lake Mendocino, rather than parsing PVID contract diversions from PVID license diversions, and the associated return flows of each.
• Demand will be aggregated to the following priority levels:
1. Riparian
2. Pre-1914
3. Pre-1949 and rights with a priority date in 1949
4. RRFCD and SCWA
5. 1950 to 1952
6. 1953 to 1954
7. 1955 to 1957
8. 1958 to 1959
9. 1960 to 1970
10. 1971 to present
AVAILABLE SUPPLY
• Natural flow will be estimated using the PRMS hydrologic model being used to support implementation of the current emergency regulation. The model shall estimate natural flow accumulating across the Upper Russian River watershed.
• Natural flow can be forecasted as a monthly volume to compare against monthly demand. • PVP flows forecast based on following assumptions:
o Drought variance implemented starting July 1, resulting in a minimum instream flow requirement of either 5 to 25 cfs. Until variance is filed, PVP flow will be based on 75 cfs minimum instream flow plus a 5 cfs buffer (80 cfs). o PVID contract deliveries will be similar to 2020 monthly averages, resulting in an monthly average return flow of 10 cfs.
o Available PVP flow would be inflows to Lake Mendocino from instream flow requirement plus return flows from PVID.
9.A.b
Packet Pg. 522 Attachment: Upper Russian River 2022 Water Sharing Agreement (3643 : Voluntary Water Sharing Agreement) Upper Russian River 2022 Voluntary Water Sharing Program
• Evaporative loss from the mainstem and riparian corridor will be removed from the available supply before comparing supply against water rights demand. Based on the following assumptions:
o Evaporative volumes will be similar to 2021.
o A riparian corridor width of 35 meters on either side of the mainstem, comprised of a 30-meter-wide Open Water area and a 40-meter-wide area of Riparian Vegetation.
Evaporative losses will be based on values from Cal-SIMETAW, as described in the Informative Digest for the 2022 regulation. This results in monthly estimated losses of 1,250; 1,310; 1,100; 817; and 473 acre-feet per month for the months of June through October.
o Evaporative loss will be reduced equally from the monthly natural supply, the PVP supply, and storage releases. If there is remaining evaporative loss after subtracting from the natural supply, it will be removed from the monthly PVP volume. • A flow of three cfs will be reserved for minimum human health and safety based on amounts certified and petitioned (excluding fire protection needs, which are variable water demands) from implementation of the 2021 emergency regulation.
ANALYSIS OF SUPPLY AND DEMAND TO DETERMINE SHORTAGE LEVEL • Once natural supply, PVP supply, and total water rights demand for each month has been determined, the available supplies will be attributed to each level of water right priority until supply has been depleted to zero.
• Natural flows will first be available to riparian users then to appropriative water right holders in order of priority. PVP flows will not be available to riparian users. • If there is any shortage within a priority level, then all water right holders in that level will be considered in shortage for the purposes of the agreement. For example, if in the 1950 to 1952 level there is enough water to support diversions a 1951 right holder but not a 1952 right holder, then the 1950 to 1952 level is in shortage.
ESTABLISHING FORBEARANCE THRESHOLDS
• The percent reduction in water use will be a reduction from average monthly demand reported through water right annual use reports from 2017 to 2019. • Except for pre-1914 water right holders, the maximum required percent water use reduction for a priority level that has water available (i.e., is not experiencing shortage) will be 30%.
The maximum required water use reduction for pre-1914 water right holders will be 20%. All priority levels in shortage will have the same water use reduction percentage. Participants may elect to further reduce their water use under water rights identified through the process provided in Exhibit C.
• The minimum percent water use reduction for a priority level that does not have water available (i.e., is experiencing shortage) will be 40% and a maximum of percent water use reduction of 75%.
• 20% will be the default reduction threshold for all priority levels that have water available.
The threshold will be reduced or increased by priority level in increments of 10%, in order of priority, if the threshold for those in shortage is less than 40% or greater than 75%. • Forbearance thresholds will be in effect during any month where the Pre-1914 or the Pre1949/1949 priority levels are experiencing a water supply shortage.
9.A.b
Packet Pg. 523 Attachment: Upper Russian River 2022 Water Sharing Agreement (3643 : Voluntary Water Sharing Agreement) Upper Russian River 2022 Voluntary Water Sharing Program
Exhibit C: Aggregated Forbearance Threshold Commitments Participants may reduce their diversions more than required by their Forbearance Thresholds to facilitate another participant meeting its Forbearance Thresholds and Participant Commitments. (Example A, a transfer agreement between participants).
Participants may reduce diversions under one participating water right to benefit another participating water right. (Example B: one participant could increase the forbearance percentage on one water right to provide additional water to another participating water right under the same ownership).
Any such arrangement shall be identified below to include information explaining how the participants are meeting their commitments. (For example, participant A has a water right with a forbearance threshold of 10% and they increase it to 20% to provide the additional water to identified participant(s)).
If you choose to participate in this option, please identify what percentage of your water right you are willing to forebear beyond the current program requirement and which other water rights(s) you are providing this additional water to.
Is participant planning to meet forbearance thresholds commitments through aggregating water use reduction across multiple water rights enrolled in the program? (Yes/No)
9.A.b
Packet Pg. 524 Attachment: Upper Russian River 2022 Water Sharing Agreement (3643 : Voluntary Water Sharing Agreement) GAVIN NEWSOM, Governor
WADE CROWFOOT, Secretary for Natural Resources
715 P Street, 20th Floor, Sacramento, CA 95814 Ph. 916.653.5656 http://resources.ca.gov Baldwin Hills Conservancy • California African American Museum • California Coastal Commission • California Coastal Conservancy • California Conservation Corps • Colorado River Board of California California Energy Commission • California Science Center • California Tahoe Conservancy • Coachella Valley Mountains Conservancy • California Department of Forestry and Fire Protection Delta Protection Commission • Delta Stewardship Council • Department of Conservation • Department of Fish and Wildlife • Department of Parks and Recreation • Department of Water Resources Exposition Park • Native American Heritage Commission • Office of Energy Infrastructure Safety • Sacramento-San Joaquin Delta Conservancy • San Diego River Conservancy • San Francisco Bay Conservation and Development Commission San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy • San Joaquin River Conservancy • Santa Monica Mountains Conservancy • Sierra Nevada Conservancy • State Lands Commission • Wildlife Conservation Board • Ocean Protection Council May 25, 2022
Terry Crowley, Director
City of Healdsburg Municipal Utility Department
401 Grove Street
Healdsburg, CA 95448
Re: Executive Order N-7-22: Request for Proposed Activities to be Conducted Under Suspension
Mr. Crowley:
I am responding to your letter dated May 25, in which you request my determination that activities described in that letter are eligible to be conducted under a suspension of laws provided in paragraph 5 of Executive Order N-7-22 (March 28, 2022). Among other things, Executive Order N-7-22 suspends Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division under specified circumstances. Specifically, projects may operate under that suspension where the Secretary of the Natural Resources Agency determines that the proposed activities are eligible to be conducted under this suspension, taking into account the purpose of accelerating conservation projects that are necessary to address impacts of the drought, while at the same time protecting public health and the environment. In your letter, you describe how various agencies within the Upper Russian River watershed have developed the Upper Russian River 2022 Voluntary Water Sharing Program. Under that program, senior water right participants reduce their diversions to make additional water available to participants who might otherwise be unable to meet their basic water needs. Further, as you describe, because available water will come from the existing water right entitlements of participants, there will be no increase to overall diversions, and therefore no change to the baseline, that might result in adverse effects to non-participants or environmental interests. Finally, you have indicated that the Program will not alter or modify instream flow requirements under the federal Endangered Species Act or other applicable state and federal laws.
Because the activities described in your letter will maximize the efficient use of water and preserve water supplies critical to human health and safety and the environment, I find that this project (as more fully described in your letter which is attached here) is eligible to be conducted under Executive Order N-7-22. Please note that this suspension does not alter any other requirements imposed by any other law, and any
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Packet Pg. 525 Attachment: CEQA Suspension Approval (3643 : Voluntary Water Sharing Agreement)
material modification of or departure from the project described in your letter may independently trigger obligations under Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division.
Sincerely,
Wade Crowfoot
Secretary for Natural Resources
Attachment
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Packet Pg. 526 Attachment: CEQA Suspension Approval (3643 : Voluntary Water Sharing Agreement) May 24, 2022
VIA EMAIL
Mr. Wade Crowfoot
Secretary for Natural Resources
California Natural Resources Agency
715 P Street, 20th Floor
Sacramento, CA 95814
[email protected]
Re: Request for Upper Russian River 2022 Voluntary Water Sharing Program to be Conducted under Suspension of CEQA Pursuant to Executive Order N-7-22 Dear Secretary Crowfoot:
The City of Healdsburg is a water right holder in the Upper Russian River Watershed and has worked closely with other stakeholders and State Water Resources Control Board staff to develop the Upper Russian River 2022 Voluntary Water Sharing Program (“Program”), a local alternative to water right curtailments that will help mitigate the effects of drought conditions in the region.
By this letter, the City of Healdsburg respectfully request that you make a determination that participation in the Program is an activity eligible for the suspension of the California Environmental Quality Act (“CEQA”), pursuant to Paragraph 5 of Governor Newsom’s March 28, 2022 Executive Order (“EO”) N-7-22.
Paragraph 5 of EO N-7-22 provides that the Secretary for Natural Resources may suspend CEQA and its implementing regulations for certain activities that combat drought by maximizing efficient water use, while preserving critical water supplies needed for human health and safety and the environment. The Voluntary Water Sharing Program accomplishes this by having senior water right participants reduce their diversions to make additional water available to participants who might otherwise be unable to meet their basic water needs. Because available water will come from the existing water right entitlements of participants, there will be no increase to overall diversions, and therefore no change to the baseline, that might result in adverse effects to non-participants or environmental interests. In addition, nothing about the Program will alter or modify instream flow requirements under the federal Endangered Species Act and other applicable state and federal laws.
Participants will exercise their participating water rights in accordance with conservation percentages established for each month of the Program. These conservation percentages will be based on the participants’ relative water right priority classifications and historical water use from 2017 to 2019, subject to further adjustment if existing supplies and conserved percentages are not adequate to support the demands of all or some participants. Furthermore, a key component of the City of Healdsburg Municipal Utility Department
401 Grove Street
Healdsburg, CA 95448
Phone: (707) 431-3346
Visit us at: www.healdsburg.gov
9.A.c
Packet Pg. 527 Attachment: CEQA Suspension Approval (3643 : Voluntary Water Sharing Agreement) Program is a focus on improving information and understanding of water supply and demand in the Upper Russian River so that the State Water Board and water right holders in the Upper Russian River can adaptively and more efficiently manage water resources in times of drought. This adaptive management element will have a direct effect on the ability to better understand how to balance communities’ needs for water and water for the environment.
On May 10, 2022, the State Water Resources Control Board adopted a revised Emergency Regulation for the Russian River Watershed, authorizing the curtailment of water rights in the Russian River watershed to ensure water supplies will continue to be available to meet minimum health and safety and environmental needs under prolonged drought conditions. Section 877.4 of the Emergency Regulation provides that the State Water Board may approve a regional voluntary water sharing agreement within the watershed as an exemption from curtailment, upon a finding that: (i) the Program will not adversely affect the availability of water for non-participating entities; and (ii) the Program is supported by signatories in both Mendocino and Sonoma Counties.
Importantly, water made available under the Program cannot be diverted by non-participants for the term of the Program, as the State Water Board has determined such diversion would be unreasonable.
The Upper Russian River water right holders and their broader stakeholder group have worked in close coordination with State Water Board staff to ensure that the attached Voluntary Water Sharing Agreement will address the impacts of drought in the Upper Russian River Watershed by maximizing the beneficial use of scarce water supplies, while at the same time, protecting public health and the environment. The State Water Board is expected to consider a substantially similar version of the attached Voluntary Water Sharing Agreement at its meeting on June 7, 2022. As such, the City of Healdsburg requests your determination that the Program, as set forth in the Voluntary Water Sharing Agreement, is eligible to be conducted under a suspension of CEQA in accordance with EO N-7-22.
Sincerely,
Terry Crowley
Healdsburg Utility Director
Encls.
cc: Meredith Nikkel, Downey Brand
Erik Ekdahl, State Water Resources Control Board
Nancy Vogel, California Natural Resources Agency
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Packet Pg. 528 Attachment: CEQA Suspension Approval (3643 : Voluntary Water Sharing Agreement)
CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: June 6, 2022
SUBJECT: Upcoming Vacancies on the Planning Commission
PREPARED BY: Raina Allan, City Clerk
STRATEGIC INITIATIVE(S):
Provide Effective Governance
RECOMMENDED ACTION(S):
Consider appointing a Council Subcommittee to interview the applicants for the Planning Commission.
COMMUNITY ENGAGEMENT/OUTREACH:
The Planning Commission vacancy was published May 24, 2022 and May 31, 2022 and will be published on June 7, 2022. Information on the vacancy was also posted on the City Website and the City Social Media Platforms.
BACKGROUND:
On June 30, 2022, three positions on the Healdsburg Planning Commission will be expiring.
DISCUSSION/ANALYSIS:
Staff Recommends the Council form a subcommittee at this time to interview the Planning Commission applicants and make recommendations to Council at the June 21, 2022, meeting, on the best qualified candidates to fill the positions. The application period will close on June 9, 2022. One the application period is closed; staff will schedule interviews.
ENVIRONMENTAL STEWARDSHIP:
Not Applicable.
ALTERNATIVES:
Council could wait to form the Subcommittee until the June 21, 2022, City Council meeting and fill the seats at the first meeting in August.
FISCAL IMPACT:
There is no fiscal impact related to the proposed action.
9.B
Packet Pg. 529
ENVIRONMENTAL ANALYSIS:
Pursuant to Title 14, the California Code of Regulations, Section 15378(b)(5) of the California Environmental Quality Act (“CEQA”) guidelines, the proposed action is an administrative activity of the City that will not result in direct or indirect physical changes to the environment.
9.B
Packet Pg. 530
CITY OF HEALDSBURG
CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: June 6, 2022
SUBJECT: Written Communication from Community Development Director Scott Duiven regarding Planning Commission actions taken on April 26, 2022 PREPARED BY: Shawn Sumpter, Administrative Specialist
STRATEGIC INITIATIVE(S):
Provide Effective Governance
RECOMMENDED ACTION(S):
No action required.
COMMUNITY ENGAGEMENT/OUTREACH:
Public hearing notices were sent to all property owners within 300’ of the subject properties.
The Agenda was posted on the public notice board at City Hall and the packet was posted on the website. Notice of the packet availability was provided to website subscribers in the form of emails and/or text messages.
The meeting was available for viewing live on our website and continues to be available as a video recording.
During the meeting opportunity for public input was provided.
BACKGROUND:
Since the formation of the Planning Commission, a report on actions taken at the immediately prior Commission meeting has been provided to the City Council as a way of keeping the Council informed of the matters/issues before the Commission.
This report is not required by the Healdsburg Municipal Code, City Council resolution or state law and requires no action from the City Council.
DISCUSSION/ANALYSIS:
Attached, for your information and receipt, is the report on the actions taken by the Planning Commission at its April 26, 2022, meeting.
11.A
Packet Pg. 531
ENVIRONMENTAL STEWARDSHIP:
Not applicable.
ALTERNATIVES:
None
FISCAL IMPACT:
There is no fiscal impact as a direct result from the proposed action.
ENVIRONMENTAL ANALYSIS:
Pursuant to Title 14, the California Code of Regulations, Section 15302(c) of the California Environmental Quality Act (“CEQA”) guidelines, the proposed action is an administrative activity of the City that will not result in direct or indirect physical changes to the environment.
ATTACHMENT(S):
PC Summary 20220426
11.A
Packet Pg. 532
REPORT TO COUNCIL
SUBJECT: Actions taken by the Planning Commission on April 26, 2022
1. ROLL CALL
Commissioners present: Brunner, Eddinger, Gerlach, Hunt, Luks, McKay Commissioners absent: Breznikar
City Staff present: Community Development Director Scott Duiven, Contract Planner Linda Ruffing, Housing Administrator Stephen Sotomayor, Administrative Technician Griselda Villarreal
1. ADMINISTRATIVE ACTIONS
A. The Commission voted 6-0-1 (Breznikar absent) to approve the April 26, 2022 agenda.
B. The Commission voted 6-0-1 (Breznikar absent) to approve the April 12, 2022 minutes.
C. Acceptance of Communications and Correspondence: None D. Declarations of Conflicts of Interest: Commissioner Brunner declared a conflict for item 4A, Mill District.
E. Disclosures of Ex Parte Communications: None
2. PUBLIC COMMENTS: None
3. PUBLIC HEARINGS
A. The Commission voted 5-0-1-1 (Breznikar absent, Brunner abstain) to approve CUP 2017-12.01 Master Conditional Use Permit Amendment for the Mill District Project to: (a) allow a two-phase design review process for development on Lot 1; (b) eliminate prohibition on restaurant use in conjunction with a hotel on Lot 1; and (c) add a provision requiring that adequate parking shall be provided for any future restaurant use, with a minor modification to the conditions of approval requiring that approval of the shared parking analysis be made by the Planning Commission.
4. NEW BUSINESS
A. The Commission received a presentation by Consultant Team regarding the Healdsburg 6th Cycle Housing Element Update.
5. COMMISSIONER AND SUBCOMMITTEE REPORTS: None
6. DIRECTOR’S REPORT: There are currently no items for the May 10th meeting. Staff will notify the Commission if that meeting is cancelled.
The meeting adjourned at 7:55 PM.
11.A.a
Packet Pg. 533 Attachment: PC Summary 20220426 (3637 : PC Summary 4-26-2022)