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HomeMy WebLinkAbout10J Letter of Support - Modification of Water Resources Control Board Water Rights Order 2002-13I CITY OF PALM DESERT �( :J__ OFFICE OF THE CITY MANAGER STAFF REPORT REQUEST: APPROVE A LETTER OF SUPPORT FOR THE COACHELLA VALLEY WATER DISTRICT'S OPPOSITION OF THE IMPERIAL IRRIGATION DISTRICTS PETITION FOR MODIFICATION OF STATE WATER RESOURCES CONTROL BOARD WATER RIGHTS ORDER 2002-13, RELATIVE TO THE SALTON SEA. SUBMITTED BY: DATE: CONTENTS: Recommendation Stephen Y. Aryan, Risk Manager March 26, 2015 Draft Support Letter By Minute Motion, authorize the Mayor to send a letter of support for the Coachella Valley Water District's (CVWD) opposition of the Imperial Irrigation District's (IID) petition for modification of State Water Resources Control Board Water Rights Order 2002-13, relative to the Salton Sea. Committee Recommendation As this matter is urgent, the Legislative Review Committee did not have the opportunity to review it. However, staff will bring forward this issue and Council's recommendation at the March 27, 2015, meeting. Executive Executive Summate The IID petition asks the State Water Resources Control Board (SWRCB) to order the Quality Settlement Act (QSA) parties and Salton Sea Authority "to meet and confer in good faith in an effort to achieve consensus around a realistic, feasible restoration plan and mechanism for funding it" and to thereafter conduct an adjudicatory proceeding "to issue an order modifying the 2002 Order to add State implementation and funding of that restoration plan as condition of the transfers under the QSA."According to CVWD, adoption of such a condition could jeopardize its acquisition of conserved water from IID if the State failed to implement and fund the restoration plan. Colorado River water obtained as a result of the QSA, including the IID-CVWD Acquisition Agreement, is used for irrigation deliveries and to mitigate groundwater subsidence (for example, for groundwater replenishment, golf courses, and potentially as drinking water). CVWD is also evaluating the use of these supplies to reduce levels of chromium 6 in drinking water within its boundaries to meet State -mandated primary health standards. CVWD opposes IID's petition for the aforementioned reasons, but reiterates its support for restoration that leads to a sustainable Salton Sea through its involvement in the Salton Sea Authority, and supports voluntary discussions with stakeholders regarding ways to encourage the State to move forward with its obligations. Background The Salton Sea is ecologically fragile and has been the subject of numerous studies for many years (as far back as 1955). The Coachella Valley Water District has supported efforts to restore the Sea, most meaningfully through its direct involvement in the creation of the Salton Sea Authority in 1993. CVWD currently participates with other stakeholders in efforts to identify funding opportunities for Staff Report: CVWD Petition Opposition Request March 26, 2015 Page 2 of 2 shovel -ready projects that contribute to restoration efforts at the Sea. The federal Salton Sea Reclamation Act of 1998 directed the Secretary of the Interior to study options for managing the salinity and elevation of the Sea to preserve fish and wildlife, to enhance opportunities for recreation use and economic development, and to continue the Sea's use as a reservoir for irrigation drainage. The Department of the Interior's reporting requirements of the Act were met in 2000 when environmental documents and other reports were submitted to Congress. Since then, however, there has been sparse federal involvement in the Sea's restoration efforts, although recently staff for U.S. Senator Diane Feinstein has been in contact with CVWD staff regarding the lawmaker's interest in Sea restoration. Signed in 2003, the Quality Settlement Act (QSA) provides the means to implement water transfers and supply programs that will allow California to live within the state's 4.4 million acre-foot basic annual apportionment of Colorado River water. The QSA also created a Joint Powers Authority comprised of the Imperial Irrigation District, Coachella Valley Water District, San Diego County Water Authority and the state of California to pay for environmental mitigation of the Salton Sea. A Preferred Alternative for Salton Sea restoration was submitted by the Secretary of Resources to the Legislature in May 2007, but this ambitious plan had a capital cost estimated at $8.9 billion (2006 dollars). Although the legislation established the framework necessary for the state to assume responsibility for Sea restoration, no restoration plan has been adopted or funded by the Legislature. IID recently petitioned the State Water Board to take action at the Salton Sea. Adoption of the IID petition, according to CVWD, could jeopardize its acquisition of conserved water from IID if the State failed to implement and fund the restoration plan. Such water is used for irrigation deliveries and to mitigate groundwater subsidence; therefore, CVWD respectfully recommends the city oppose IID's petition. Please note that CVWD indicated its support for restoration that leads to a sustainable Salton Sea through the Salton Sea Authority. Fiscal Analysis There is no direct fiscal impact relat o the City's letter of opposition to the petition. Submitted By: Z ` Stephe Y. Arya, Risk Manager n M. Wohlmuth, City Manager March 27, 2015 Ms. Jeanine Townsend, Clerk to the Board State Water Resources Control Board 1001 1 Street, 241h Floor Sacramento, CA 95814 Re: Imperial Irrigation District Petition (IID) to the State Water Resources Control Board (SWRCB) seeking modification of Revised Order WRO 2002-0013 Dear Ms. Townsend, The City of Palm Desert is a thriving community within the Coachella Valley that relies in part on the supplies of Colorado River imported water by the Coachella Valley Water District (CVWD), and whose residents could be significantly affected by the future condition of the Salton Sea. The city fully supports the restoration of the Salton Sea. We are therefore concerned about IID's petition seeking to modify Water Rights Order 2002-0013, which approved acquisitions of conserved water by CVWD as part of the Quantification Settlement Agreement (QSA). Palm Desert believes the State of California has not fulfilled its stated intent to carry out a restoration of the Salton Sea, as expressed in legislation signed into law in connection with the QSA in 2003. The state's failure to act with respect to the Salton Sea very well could be placing the health and welfare of our citizens at risk if the Salton Sea is allowed to continue to deteriorate. Air quality is a crucial concern in the Coachella Valley. Of equal concern, however, is the continued availability of imported water from the Colorado River, which is vital to the replenishment of the Coachella Valley's aquifer and as the source of water for irrigation in lieu of groundwater. IID's petition puts the availability at risk, so Palm Desert cannot support it. Instead, we strongly urge the SWRCB to use its influence to bring all stakeholders together in voluntary discussions that will get the State of California back on track with respect to its Salton Sea restoration efforts. Please contact Stephen Y. Aryan, Risk Manager, if you have any questions, or would like to further discuss this matter. Thank you for your consideration. Sincerely, SUSAN MARIE WEBER MAYOR cc: City Council J.M. Barrett, Coachella Valley Water District John Wohlmuth, City Manager Rudy Acosta, Assistant City Manager Stephen Y. Aryan, Risk Manager Paul S. Gibson, Director of Finance/City Treasurer Mark Greenwood, Director of Public Works