SONOMA COUNTY WATER AGENCY

RUSSIAN RIVER WATERSHED

 MENDOCINO, SONOMA AND MARIN COUNTIES, CALIFORNIA

prepared by

Krista Rector
Friends of the Russian River (FORR)
April, 1996

 

        The mission of the Friends of the Russian River is to preserve, restore and enhance the natural systems, and the economic and public trust values of the Russian River, its riparian corridor and the watershed that sustains it through citizen action, public education, scientific research and expert advocacy.
         Donations can be made to Friends of the Russian River at P. O. Box 1903, Sebastopol, CA, 95473 to help defray the reproduction costs of this White Paper.  If you are unable to make a donation, please pass your copy on to as many people as possible.  Thank you for your assistance.

Executive Summary

         Friends of the Russian River (FORR) has prepared this paper on the Sonoma County Water Agency (SCWA or Agency) to enable the public to be more aware of the Agency's responsibilities to the public welfare.  This paper encompasses definitions of the Agency`s authority and what future actions are needed by the agency, and by others in conjunction with the agency, to restore, enhance and preserve the Russian River and to reduce its impact on the Eel River. FORR advocates for a comprehensive river watershed management plan.
         The Sonoma County Water Agency provides a functioning infrastructure and financial organization for regional water supply, wastewater management, and flood control.  Water agencies are also created to provide regulatory efficiency.  The Agency controls or directs actions in the areas of Surface Water Development and Distribution, Groundwater Development, Storm and Flood Control, Sanitation, Recreation, Conservation and Land Use Monitoring.  The Agency has the potential to have the greatest local influence on the health of the Russian River and its` watershed.  The Agency is administered as a part of the authority of the County of Sonoma The General Manager of the Agency reports directly to the Board of Supervisors.  There is no single, overall management authority to carry out daily direction and overall coordination.  This function is in the hands of the Board of Supervisors, with assistance from the County Administrator, when so directed by the Board. The Agency, unlike any other in county government, is exempt from being required to respond to recommendations and questions raised by a Grand Jury.  The Agency is an inter-county organization and this makes its spending immune to the California constitution provision that limits the amount of debt that a county can run up to a certain percent of its income.
         The budget of the Agency is administered by the Office of County Administrator of the County of Sonoma In 1991, Sonoma County had six elected department officials, 35 appointed agency and department heads and several contractual employees appointed by various agencies and had approximately 4,000 employees.  The 1994-95 grand total of all county administered budgets was $606 million.  The Agency administration department anticipated expenditures of $67.4 million with a net fund balance of $24.7 million. In addition the Agency administration or staffing and operations support anticipated expenditures of $20 million with a net fund balance of $6.6 million.
         To better understand the Agency, there needs to be a discussion of its` primary purpose which is as a Water District.  Water Districts are local management users cooperatives which are concerned, chiefly, with the collection, distribution, use and contracting for surface and ground water.  Sonoma County's largest local water district is the Sonoma County Water Agency.  The Agency 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.  The agency supplies other users including Ya-Ka-Ama, Santa Rosa Jr. College Agriculture Farm, Sonoma County Probation Department, Sonoma County Airport, Redwood Fibre Glass, Sis-Q Flying Service, California Division of Forestry, Nation Flight Service, Inc., Redwood Aviation Enterprises, Larkfield Water Company, County of Sonoma, Victor S. & Mark H. Trione, Lawndale Mutual Water Company, Kenwood Village Water Company, Sonoma State Hospital, Penngrove Water Company, Feather Knoll Farm, Marvin Malacredi and C. H. Christensen.
         The Agency provides domestic water to 280,000 residents of Sonoma County, 225,000 residents of Northern Marin County and 35,000 Mendocino County residents for a total of 540,000 domestic water users.  It 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. In 1961, the Board of Directors were given all rights to sell bonds without the vote of the public.
         The Agency 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 the Agency is a water wholesaler, it has very little control over the end use of the water it supplies.
         Flood Control consists of monitoring and managing stream flows in the Russian River and major tributaries. The Agency plans, constructs and maintains a system of flood control, drainage and waterway facilities. Land use encompasses cooperation with the County Planning Department, whereby it develops and manages a program to monitor and regulate gravel extraction's from the Russian River and its major tributaries.   Working in cooperation with the various soil conservation districts, the Agency develops and administers programs for erosion control, and the protection and restoration of riparian corridors.  The Agency reviews, inspects and approves plans and designs of land development projects for adequate drainage control and erosion control.
         Sanitation was included as an Agency function in an Ordinance passed in late 1994, that gave the Agency as of January 1, 1995 the right to adopt uniform practices governing the use of sanitation facilities of the Agency; the construction of sanitation facilities; an industrial waste program; a grease, oil and sand interceptor program and an enforcement program, plus any administration procedures related to the above.  As of early 1995, the Agency employees  became a part of the County redesign effort. Agency employees will became a part of the Permit and Resource Management Department.  The Engineering/Design of Treatment Plants and Collector systems staff of the County in turn moved to the Agency.  The move meant that the Agency employees now fall under Civil Service Guidelines, the same as other County agencies' employees.
         Like most regulatory bureaucracies, the powers, responsibilities and inner doings of the Agency are a mystery to most people.  Friends of the Russian River prepared this White Paper on the Agency in order to increase the scrutiny of it and to open it up to be more responsive to the public interest in the biodiversity and health of the Russian and Eel Rivers.

WATER

California receives a total of about 199 million acre feet (MAF) of surface water per year, from precipitation (193 MAF) and surface water inflow from adjacent states (6 MAF). About 58 percent of this is used by native vegetation and un-irrigated lands, about 25 percent flows to the ocean and neighboring states, 14 percent is diverted and 3 percent recharges groundwater basins.  California has approximately 1, 400 Federal, State and private dams effecting surface water resources.  Existing surface water reservoirs hold 43 MAF.
         Approximately 40% of all water used in California is groundwater. There are 450 groundwater aquifers or basins that underlay about 40 percent of the land area and hold 250 MAF.  Agriculture accounts for approximately 70 percent of the total groundwater use and municipal/commercial enterprises use about 30 percent more.
        A major concern to any California community is the source of its potable water.  Water is ultimately derived from rain but the collection sources can be distant or nearby.  It can be collected from groundwater basins or surface water such as rivers, as more recently evidenced, reclaimed from municipal wastewater.  Formerly "protected" watershed lands and their attendant waters are now being sold or leased by communities attempting to recover a portion of their fixed capital investment.  California's developed water is controlled by public agencies under rules and contracts that encourage territorial protectionism.  There are 1,000 local water districts in California.  In most areas, the water district holds the legal right to the water used within its boundaries.  Water users have a right to a certain portion of the districts water supply but hold no actual transferable water right.  Water districts finance their operations through a combination of water assessments and property taxes and can earn income from interest on portfolios held by the district or sales of electrical power generated by the district.
         In combination with the pressure to develop and use water there is the fear of overdevelopment and the use of water at rates greater than the natural replenishment rate.  The regulations then result in restriction of pumping or in the additional development of water impoundment, either voluntarily or involuntarily through the application of the law.  Under the doctrine of appropriation in the western United States, water belongs to the public and may be appropriated for beneficial use so long as there is surplus or "unappropriated" water.  The State may restrict development so that total withdrawals do not exceed the natural recharge.  Also, under the public trust Doctrine, the fish and riparian uses must be protected for the common good.  How is there to be a balance?
         A piecemeal approach to the increased water diversion applications for the Russian River has been quietly happening in the background over the past years.  Applications have been stalled awaiting a cumulative impact analysis by the SCWA.  The real question of whether there is water to appropriate or whether all the water is used up is being avoided.  The Russian River native fishery has been ignored resulting in a devastating decrease in the number of fish and a resultant loss of sport fishing and tourist money which small cities like Cloverdale have traditionally relied on.  Rather than coordinating efforts through a comprehensive review of the water appropriations and a comprehensive River Management Plan, the State Water Resources Control Board simply waits for the proper applicant -- the applicant with the deepest pockets or the most to lose -- to prepare the Environmental Impact Report (EIR) to end all EIRs.  Maybe, rather than an EIR prepared by the one doing the water diversion, an independent river analysis is needed.