Agency Background and Pending EIR

         The Sonoma County Water Agency (SCWA) is a special district created by the California State Legislature with water supply, flood control, sanitation, electrical energy and incidental recreational control powers.  The Agency has two principal water supply functions that are the regulation of the flow of the Russian River and Dry Creek, and releases from Lake Mendocino and Lake Sonoma.  The Agency owns and operates a water production and transmission system which provides municipal water supply for urban areas in Sonoma and Marin Counties.  The Agency is responsible to maintain instream flows based on criteria established by Decision 1610 between the California Department of Fish and Game (DFG) and the SCWA which was adopted by the State Water Resources Control Board (SWRCB) in 1986.  Instream flows were based primarily upon maintaining historical flows for canoeing on the Russian River and to avoid the de-watering of Lake Sonoma.  Decision 1610 limits the SCWA's total annual diversions and rediversions to 75,000 acre feet.  In a normal weather year, SCWA must maintain flows of 125 cfs in the lower river.
         Total water demands on the Russian River by all users, including demands on the tributaries is estimated to be 105,000 to 110,000 acre feet per annum (afa).  Approximately 39,000 to 48,000 afa is upstream from Dry Creek and 64,000 is downstream from Dry Creek.  Future use based on current land practice projections within General Plans of water user cities will result in 50,000 to 60,000 afa upstream of Dry Creek and 120,000 afa downstream of Dry Creek.
         SCWA is the wholesale supplier of water for eight retail contractors, including the City of Santa Rosa, City of Petaluma, North Marin Water District, Valley of the Moon Water District, City of Sonoma, City of Cotati, Forestville County Water District, and the City of Rohnert Park.  Water entitlements in the SCWA Russian River-Cotati Intertie Aqueduct are based on the pipeline capacity owned by each member agency. The proportions are as follows: Santa Rosa 55%, Petaluma 19%, North Marin 12%, Valley of the Moon 5%, Sonoma 4%, Cotati 2%, Forestville CWD 2% and Rohnert Park 1%.
           SCWA is a special district formed by Chapter 994 of the State Statues of 1949 and operates under the direction of the Sonoma County Board of Supervisors acting as the Agency's Board of Directors.  The SCWA is not restricted to expanding the water supply to its present customers nor is it restricted to using the bond money for supplying only Sonoma County.  It can build an aqueduct for any City, County or developer or group of developers who will sign a contract and guarantee repayment of the bond money.   Since SCWA is a water wholesaler, it has very little control over the end use of the water it supplies.
           SCWA operates the Russian River Project which consists of the storage of water in Lake Mendocino on the East Fork of the Russian River and at Lake Sonoma on Dry Creek. The SCWA rediverts water released from storage at Lake Mendocino and Lake Sonoma.   They use a series of pumps at Wohler and Mirabel Park to directly divert water from the Russian River and the East Fork of the Russian River.  The pumping capacity of Wohler Collectors No. 1 and 2 is 30 million gallons per day or MGD; the Mirabel Collectors 3, 4 & 5 have intake facilities for 62 MGD.   Installation of Wohler Ranney collectors #1 & 2 were supervised by the Rainey method Western Corporation.  The Mirabel or Ballard and Meredith collectors were installed by Agency engineers. The Ranney collectors were originally rated at 40 million gallons but due to the river gravel depletion, less water reaches the lateral pipes due to loss of permeability.  Lessening of gravel is the result of gravel mining upstream and the reduction of replenishment due to dams upstream stopping the flow of gravel downstream.
           SCWA operates aqueduct systems which presently serves south Sonoma County and North Marin County.  An early water permit right under Decision 1030 included an agreement between SCWA and the Department of Fish & Game (DFG) dated August, 1959 set the minimum flows as 25 cubic feet per second (cfs) below Coyote Dam; to the lesser of 150 cfs or the inflow to Lake Mendocino at the Forks; and 125 cfs below Mirabel Park.  Decision 1416 from 1973 allows storage of 245,000 acre feet per annum (afa) from Dry Creek in Warm Springs Dam (Lake Sonoma) and included an agreement from February, 1970, between SCWA and DFG which basically requires a minimum flow in Dry Creek of 25 cfs from April 1 to November 30, and between 50 cfs and 75 cfs from December 1 to March 31.  The export of stored water for use outside the Russian River watershed was made subject to all present and future appropriations for use within the watershed.
           SCWA in 1993, began public scoping meetings in response to the Notice of Preparation of Environmental Impact Report (EIR) for the Water Supply and Transmission System Project, addressing extended water appropriation. SCWA may choose to fulfill future water needs through an application to appropriate unappropriated water or by altering existing permits. Under California Environmental Quality Act (CEQA), the SCWA is acting as the Lead Agency and the State Water Resources Control Board (SWRCB) will be Responsible Agency on the EIR.
            A Lead Agency is normally the agency with general governmental powers, such as a city or county rather than an agency with a single or limited purpose such as a district which will provide a public service,  A Responsible Agency is a public agency, other than the Lead Agency, which has responsibility for carrying out or approving a project.  In a December, 1992 letter,  Ed Anton of the Division of Water Rights (DWR), found that the SCWA must comply with its responsibilities under CEQA as a Lead or Responsible Agency is to ensure compliance with Section 15130 of Title 14, Calf. Code of Regulations and must address cumulative effects. Thus all pending applications for further water appropriations from the Russian River are to be held in abeyance until a cumulative impact assessment for the Russian River Basin is certified by the State Water Board.
            By March, 1993, in a letter the DWR stated that the SCWA is to act as Lead Agency and SWRCB to be Responsible Agency and that the pending EIR is to be both a program EIR and a project EIR.  As defined in CEQA Section 15161, the most common type of EIR examines the environmental impacts of a specific development project.  This type of EIR should focus primarily on the changes in the environment that would result from the development project.  The EIR should examine all phases of the project including planning, construction and operation.  Under Section 15165 and 15168, CEQA states, where individual projects are, or a phased project is, to be undertaken and where the total undertaking comprises a project with significant environmental effect, the Lead Agency shall prepare a single program EIR for the ultimate project and whether the agency prepares one EIR for all projects or one for each project, it shall in either case comment upon the cumulative effect on the environment and ensure consideration of cumulative impacts that might be slighted in a case-by-case analysis.
            Bob Beach, consultant to SCWA estimates that for Russian River Water demands by 2010, the urban demand is to be 141,716 afa and the agricultural demand is to be 47,030 afa.  The SCWA provides domestic water to 280,000 residents of Sonoma County, 225,000 residents of Northern Marin County and 35,000 Mendocino County residents.  The SCWA holds water rights permits to divert Russian River flows and redivert water stored and released from the Coyote Valley Dam (Lake Mendocino) and the Warm Springs Dam (Lake Sonoma). Mendocino County interests have a right to approximately 39,000 acre feet, and Sonoma County interests have rights to about 72,800 acre feet and Marin County rights are for 30,500 acre feet.  The North Marin Water District, serving the City of Novato and the surrounding area, depends on the Russian River for its water demand.  The Marin Municipal Water District (MMWD), which supplies the southern Marin County area, depends on 15,000, out of its 40,000 water demands on the Russian River water.  It has implemented an 18 year capital expenditure program to build facilities to deliver Russian River water including $55.3 million for a new facility and $30 million for expanded SCWA facilities.
            The proposed water diversion alternative plans as presented in 1993 will be evaluated in terms of engineering, environmental, legal and economic feasibility.  The proposed plans are for full utilization of the water supply from the existing Russian River Project; desalination of San Pablo Bay water; groundwater aquifer injection and withdrawal; new or expanded dam reservoirs and groundwater resources likely in the Russian River watershed at Knights Valley on Maacama Creek and Franz Creek, plus new transmission systems and facilities.  The final technical report in combination with the Final and Draft EIR will constitute the Agency's Water Supply and Transmission System Plan.
            As stated in Decision 1610, although SCWA holds four appropriations for the Russian River Project, the accounting of direct diversions and rediversions of stored water is very complicated because East Fork Russian River water must be accounted for separately after being commingled and conveyed some 70 miles in the river.  The issue is further clouded by a difference of opinion as to which waters should be considered as meeting the upper river and lower river required minimum flows.  SCWA primarily controls the flows in the Russian River and through Decision 1610, minimum flow standards provide adequate protection for instream beneficial uses of water in the Russian River during most water years.  Significant impacts were predicted to occur primarily in dry periods with the most severe impacts tending to occur upstream of Healdsburg.   The SWRCB staff reported that "The 1985 demand level impacts were considered to be short-term significant cumulative impacts, and the 2020 demand level impacts were considered to represent long-term significant cumulative impacts."
            As reported in the Staff Analysis for the Russian River Project in awarding the Decision 1610, the concept of water conservation was broached.  They found that the regional water conservation was generally geared toward obtaining voluntary efforts on the part of the public.  They reported that SCWA's diversions had a significant reduction in 1977 during the drought but use accelerated in 1984-85 probably due to increased development.  There was an expectation that the water conservation program was to achieve a permanent 15% reduction in water use by the year 2000.  If there was a future prolonged dry period in which water delivery is impaired, that an additional 10-15% reduction could be achieved.  Further reductions beyond this would only be possible in a major water shortage crisis and would not be sustainable.  It was pointed out that any saving of water through water conservation in the SCWA's service area would be mainly reflected in the amount of storage remaining in Lake Sonoma because under the coordinated operation of Lake Mendocino and Lake Sonoma, the required lower Russian River needs including the SCWA's diversion would be furnished from Lake Sonoma.  The report further noted that the conservation of water in SCWA`s service area will have minimal impact on flows in the critical reach of the Russian River between the Forks and Dry Creek.  This is because required minimum flows in this reach, rather than SCWA's diversions, will be controlled during the summer months.  Of more importance in this reach of the river is use of water by diverters along the river, over which the Agency has no control.  Sufficient data is not available to make an analysis of actual direct diversion of water from the Russian River by pre- and post-1949 users in order to compare against a firm yield.