History Relating to Sonoma County Water Agency (SCWA) 1760 Start of fifty year drought which lasted through 1820. 1850, Before California became a State, the Legislature enacted a statute declaring the common law of England "the rule of decision in all the courts of the State". 1850 and 1853: Floods submerge the Santa Rosa Plain. 1855 Doctrine of Appropriation: Allows anyone to divert and use water for beneficial use if that water is surplus to that used by riparian or earlier appropriators 1903 California Supreme Court (Katz v. Walkinshaw) decision that the owners of land overlying a groundwater reservoir have correlative rights in a common supply and that each owner is limited to reasonable beneficial use of the water. 1908 The Scott Dam, Van Arsdale Diversion Dam, tunnel and the Powerhouse comprise the Potter Valley Project. Eel River water diverted into Russian River for production of electricity. 1914: State statutory scheme whereby application for appropriative right is to be with State Water Resources Control Board. 1921, Scott Dam (Lake Pillsbury) built on East Fork of Russian River with total capacity of 86,000 acre-feet by 1959. 1928 Economic recession and drought leads to California constitutional amendment, Article X.2 - water resources of the State are to be put to beneficial use to the fullest extent of which they are capable.   Drought that lasted through 1934. Annual yield determination is based on this period for calculations for major water projects. 1930`s study by US Army Corps of Engineers concluded two dams should be constructed on Russian River for flood control. 1938 The Flood Control Act of 1938 made federal cost-sharing arrangements possible and the channelization of the Los Angeles River was one of the first projects executed by the U.S. Army Corps of Engineers. 1940's  The State Water Plan is conceived. Legislature turned all unapplied for water rights over to state finance because the water of the state belonged to the people of the state and a county of origin of water was allocated only as much as the finance thought it needed. Set diversion amounts for Mendocino and Sonoma. 1949 Sonoma County Water Act 7757 establishing Sonoma County Water Agency (formerly Sonoma County Flood Control and Water Conservation District) as a political subdivision in the State.  Will have the power to adopt ordinances, resolutions and other legislative acts.  Shall have the power to enter contracts.           SCWA today holds senior appropriative water rights to water in Russian River by virtue of their 1949 application for the Coyote Valley Dam (Lake Mendocino) to appropriate water diverted from Eel River. Coyote Dam, Santa Rosa Aqueduct under 1955 Water Transmission Bonds A-F total payments by 1994/95 are $24,413,292.           The State Department Of Finance using a formula based on agriculture, assigned 88.7 % of the water stored in Lake Mendocino to Sonoma County. 1950's Alexander Valley would need 16,000 afa of Coyote Valley Project water but only 10,000 afa of diversion right was reserved for use in the Alexander Valley, with the exception that after Warm Springs dam was built Coyote Valley water would be reallocated. 195?? Gordon Miller, formerly of the Los Angeles Flood Control District is hired for the SCWA. Retired in 1974 and currently a resident of Sonoma County. 1955 Floods throughout Northern Counties. Cause $7.7 million in total damages.           Electorate of SCWA authorized general obligation bonds to finance the water supply portion for construction of Coyote Dam. $5,650,000 for paying districts share of the dam to be constructed by Corps of Engineers and $8,500,000 for providing a water transmission system.  Forestville, Petaluma, Sonoma, and Marin (owned by North Marin County Water District) Aqueducts were added over the following years. 1995 operating costs are $2.5 million a year. 1959 Mendocino County purchased the right to consumptively use 8,000 afa of Coyote Valley Project water.  This was not sufficient and they thought once Warm Springs Dam was built, additional water would be made available.  They felt they needed 13,000 afa by 2010.           Storage began in Lake Mendocino with capacity of 72,000 (reduced to 69,000 because of sedimentation). Corps of Engineers contracts with SCWA to manage the water supply pool space in Lake Mendocino (and later in Lake Sonoma).           Established normal year 125 cfs minimum in the lower Russian River solely based on reliance of the Coyote Valley (Lake Mendocino) and Potter Valley Projects (Scott Dam).           Santa Rosa began using aqueduct water, eventually extended to Petaluma, Novato, Valley of the Moon, Sonoma, and Forestville. 1960 SCWA application for Warm Springs Dam/Russian River Project (Lake Sonoma) appropriative water rights. 1960's Amendment to Water Agency Act of 1949 that established SCWA provides that each successive issuance of revenue bonds would be subordinate in their claim on water revenues to prior issues. (Works like second and third mortgages.) 1961 SCWA Act amended to allow Board of Directors (Board of Supervisors) the right to authorize revenue bonds in any amount without the vote of the people. 1962 Warm Springs Dam was authorized by Congress in 1962 (construction started in 1984 after litigation and protest).           Most of the water use in the Russian River Hydrographic Unit is based on appropriative rights established after 1914.  As of July 11, 1962, a total of 532 currently valid applications had been made in the unit under the provisions of the Water Commission Act of 1914.  The status of applications was 304  completed to license, 173 completed to permit, 39 pending with the State Water Rights Board and 16 incomplete. (Table C-1, Appendix C November 1964 Bulletin 94-11.) 1964 Forest and grassland fire sweeps eastern portion of Sonoma County affecting about 50,000 acres. In subsequent winter storms, the fire debris is transported and causes damage to bridges and structures in path of flood waters.          "One-in-a-thousand" storms hits on December 23.  $15 million in damages of which $8.8 is residential and commercial damages.  Double the cost since Flood of 1955 with majority of the increased damage is direct result of building since 1955 in the area which was proven by the 1955 storms to be susceptible to flooding. Laguna de Santa Rosa forms a lake area of 7,400 acres with capacity of approximately 80,000 acre feet of water and reduction of Russian River flow by approximately 40,000 cfs. 1969 Water management plan was devised to deal with the rapid growth and the Russian River-Cotati Intertie was proposed.  The expansion of the Aqueduct was initiated in 1974.  This agreement with the 8 customers was to provide a water supply through the mid-1990's.  Expanded transmission system capacity by 55 MGD for total of 92 MGD or about 75,000 acre feet per annum (afa). 1970 SCWA Ordinance No. 1: Issuance of $115,000,000 Principal Amount for 1971 Water Revenue Bond. (Explicitly forbids the Water Agency from using its taxing power to raise funds, but cities and water districts purchasing water, if unable to raise funds through sale of water, can use property taxes to cover obligations.)  Intended to cover Water Agency report of 1969-70 for $52.5 million for a Sonoma-Marin aqueduct and $62.5 million for supplemental aqueducts in Sonoma County.  No funds were to be used for Warm Springs Dam.  Later Agency action without a vote of the people would be for $30 million for the water supply portion of the Warm Springs Dam.  Board of Directors cannot amend the ordinance without the approval of the bond purchasers. 1970's California courts denied appropriative filings under the state permit system for minimum flows leading to debate over minimum flows through regulatory police powers.           Study of Eel River fishery, DWR recommended (Bulletin 105-5) a reduction in the diversion of Eel River flow to the Russian River and related to the amount of water in storage in Lake Pillsbury. 1971  The SCWA began a study (Einstein Report) attempting to estimate the rate of bed load flow in portions of the Russian River.  Based on a series of cross-sectional surveys, aerial photographs and calculations, the initial estimates of bed load replenishment over an eight-year period were for 57,000 tons/year in the Alexander Valley and 14,000 tons/year in the Middle Reach.           Voters of the Marin Municipal Water District (location of 10 of the county's 11 cities) defeated the Sonoma-Marin aqueduct by a margin of more than nine to one.           Water Agency negotiates with TransCentury (Bodega Harbor), Serena del Mar and Jenner Bay Corporation developers for aqueducts to coast. 1972 Board of Supervisors refuse to rescind Ordinance #1 or to hold a public hearing.  Initiative for June, 1972 ballot with 10,500 signatures.  Ballot Measure A failed by a margin of 3% of voters after being attacked by hostile local press with a front page editorial the evening before the election.           Gordon Miller, Chief of the Water Agency, requested Assemblyman Belotti carry a bill to the State Legislature to delete the subordination clause of Ordinance #1 (subject of Ballot Initiative).  AB837 was passed and became law on March 7, 1973. 1973 Marin voters rejected a greatly scaled-down plan to import Warm Springs water by a margin of two to one. 1974 Water Resources Control Board stripped SCWA of control over 10,000 acre feet a year once reserved to it for agricultural and private use because of the SCWA refusal to provide a detailed accounting of water use along the river.           Planned aqueducts to carry water supplied by the Warm Springs Dam for four areas:  Occidental-Graton-Camp Meek aqueduct (70,000 people above present population); Lakeville-Lower Sonoma Valley aqueducts (85,000 above); Coastal Headlands aqueducts (40,000 above); and First Stage Santa Rosa Valley aqueducts (140,000 above).           Gordon Miller retires as head of SCWA and Bob Beach, Civil Engineer takes over.  Beach is viewed as highly reliant on Bob Morrison who in turn is seen as "inheritor" of Miller's legacy. 1975 (1983) SCWA filed five petitions for modifications to its water rights for the Russian River Project: extension under Permits 12947A, 12949 and 12950; amend same to provide maximum combined direct diversion from the East Fork Russian River and Russian River to be limited to 92 cfs at Wohler and Mirabel Park pumping facilities (no change); increase maximum rate of rediversion of stored water from Lake Mendocino and above named facilities to be from 92 cfs to 180 cfs; increase maximum combined direct diversion and rediversion of stored water from Lake Mendocino from 92 cfs/37,544 af per water year to 180 cfs/75,000 af per water year; unapproved 110 cfs of direct diversion from Russian and Dry Creek be withheld pending order by the State Water Resources Control Board; change place of use to add service area of Redwood Valley County Water District; allow rediversion at above name facilities of 75,000 afa of water stored at Lake Sonoma.           Protest filed with the Division of Water Rights by the SCWA against Mendocino Co. Russian River Flood Control & Water Conservation Improvement District whose use of water from Lake Mendocino (Coyote Dam) would reduce the amount of water available from the Russian River which it is "or may become", entitled to under assignments, applications and permits having earlier dates of priority.           Division of Water Rights (DWR) general review of water allocations for existing water projects and the need to construct new projects. One issue was the migration of fish up the Russian River requires a continuous flow along the entire river.  The final step in the analysis is to determine if the shortage can be balanced by additional water conservation measures or by reducing fish and recreation requirements.           California State Russian River Basin Plan 1-A. 1976 The Coastal Act of 1976 vested the Coastal Commission with planning and regulatory authority in the Coastal Zone of California: certification authority over Local Coastal Plans prepared by cities and counties; direct permit authority in areas of original jurisdiction (tidelands, submerged lands and public trust lands) and Federal Consistency authority.             California Coastal Conservancy created.           Lowest flow in the Russian River due to extended drought. 1997 Increased water diversion was granted SCWA with the understanding that there would be a study of the fishery which would include an assessment of the impact of water diversion.           Association of California Water Agencies lobby in 1977 represents 260 groups, predominately agri-business. 1979 Not having received a draft EIR from SCWA for 3 1/2 years, the Board adopted Order WR 79-20 on July 19, 1979 ordering SCWA to complete a final EIR within one year. 1980 June 8, 1980 SCWA completed a Final EIR on the 1975 petitions and the EIR was certified by the SCWA Board of Directors (Board of Supervisors)           July 30, 1980 SWRCB adopted Resolution 80-52 finding the EIR inadequate in many areas, for example, water conservation was not adequately discussed.  The State Attorney General initiated court action against SCWA to remedy the EIR deficiencies.           SCWA prepared a Final Supplemental EIR which was certified by SCWA Board of Directors (Board of Supervisors).           Department of Water Rights (SCRCB) prepared "Water Action Plan For The Russian River Service Area" showing demands by sub-unit for agriculture and urban demands for normal and dry years.  (Updated in 1985 with lower agricultural and higher urban).           DWR study of tree-ring research going back to the year 1600 showed a drought that lasted between 1760 and 1820 which lasted 50 years and was drier than the 1928 to 1934 drought period upon which the firm annual yield determination of California's major water projects is based.           Mendocino County request to renew dialogue between parties relative to water needs of Mendocino County.  Formal proposal to Board of Directors of SCWA May, 1981 and since that date has guided the Agency's efforts to equitably allocate the benefits and costs of the Russian River Project. 1981 County Measure B or Ordinance 3836R (Anti-Roiling) Water Clarity Ordinance passed and stated unlawful to conduct or carry on any work or operations which will in any way pollute, contaminate or roil the waters of any river or stream in Sonoma County in such manner as to decrease the clarity of said waters. 1982 Amendment No. 5 was made to the master agreement between the SCWA and the 8 public agencies which rely on the Russian River for water.  The Russian River conservation charge is determined annually on April 30 by multiplying the tax rate levied by the Agency in the then current fiscal year for Warm Springs Dam times the total value of the secured and unsecured property within the corporate boundaries of the 7 Sonoma County public agencies which rely on the Russian River for water and dividing the product by the total acre feet of water delivered to those 7 agencies during the 12 month period ending March 31. 1983 Warm Springs Dam and Lake Sonoma completed for a cost of $360 million. Cover 21,000 acres and draw 825,000 people a year. Operation and maintenance is $1.1 million per year as of 1995. Cost of operation and maintenance of fish hatchery and campgrounds is $2 million per year. SCWA pays $100,000 a year as share of operations, plus $930,000 a year on $360 million construction debt. (Debt service will reach $6.3 million per year by 2007 and the debt runs to 2035.)           Publication of "Evaluation of Ground Water Resources Sonoma County. Volume 5: Alexander Valley and Healdsburg Area" DWR Bulletin 118-4: "15,000 water wells have been identified in Sonoma County...If the flow of the Russian River is seriously curtailed, shallow wells close to the river could be affected."           Federal Energy Regulatory Commission (FERC) issues a 50 year license to PG&E for Potter Valley Project.  The Eel-Russian River Commission created to monitor the instream flows established by that license.           Redwood Valley County Water District stated its intention to contract with SCWA to purchase water in the amount up to 7,500 afa and pay its contribution to the Warm Springs Dam sinking fund over a 15 year amortization period.             Administrative Law Judge Opinion Number 187: set quantity of water to be diverted to Potter Valley/Van Arsdale power plant is affected by the releases required to maintain the fisheries in the Eel River.           California Supreme Court extended the public trust doctrine's limitation on private rights to appropriative water rights in National Audubon Society v Superior Court of Alpine County.  Held that water right licenses held by the City of Los Angeles to divert water from streams tributary to Mono Lake remain subject to ongoing State supervision under the public trust doctrine.  Consequently, in issuing or reconsidering any rights to appropriate or divert water, the State must balance public trust needs with the needs for other beneficial uses of water. 1985 SCWA entered into a stipulation with the Dept of Fish and Game agreeing to a set of minimum stream flow requirements for the Russian River which would protect both the Russian River fishery and the water supply purposes of the Coyote Valley and Warm Springs Dam Project.  SWRCB altered the minimum flows to provide more flow in the fall for downstream passage after some dry spring conditions and the stipulation was incorporated into Decision 1610.  In a normal year the total quantity of water which must be allowed to pass under the Hacienda Bridge is 80.8 MGD (90,495 acre-feet per year).  In a dry year this can be reduced to 22.6 MGD.          Mendocino County expressed interest in reaching a water sharing agreement with SCWA. Mendocino Board of Supervisors activated the Mendocino County Flood Control and Water Conservation District.  Legislation in 1987 changed name to the Mendocino County Water Agency and allowed expanded revenue-raising authority. 1986 SWRCB Decision 1610 is adopted on April 17, 1986.  Lays the foundation for resolving water supply issues.  Sonoma County can still divert water from the Russian River at the Wohler intakes.  Potter Valley is now considered the area of origin.  Of the Lake Sonoma flow, 28,000 acre feet must be used to meet stream flow requirements in the lower Russian River.           Mendocino County and Mendocino County Flood Control and Water Conservation District and Mendocino County Russian River Flood Control and Water Conservation Improvement District filed petition for reconsideration of Water Right Decision 1610 with the State Water Resources Control Board because of the impairment of existing or inchoate future rights within Mendocino County.   The City of Cloverdale filed as a protester on the basis of public interest.  In upholding Decision 1610, the Board reserved jurisdiction in its order to deal with specified possible future events that could affect the appropriateness of the minimum flow requirements for the Russian River.           Downstream residents in the Thompson Creek basin in Petaluma hire Eugene Boudreau to study the circumstances by which their homes were flooded due to impacts of subdivision development upstream.  Petaluma and Gordon Miller of SCWA claimed the development did not contribute significantly to the flood damage.  Study information shows that United States Geological Survey studies show that the increase in flooding in cubic feet per second (cfs) was 20 percent (500 percent higher than the SCWA estimated) and that the increase in the number of floods could increase by 50 percent. City of Petaluma settles out of court.   1990 City of Windsor application for year-round direct diversion from the Russian River of 11.14 cubic feet per second.  SCWA application to SWRCB to include City of Windsor in prior permits ostensibly to account for volume of water diversions.           SCWA application to increase water diversion.  Project proposes 5 alternatives.  Pending EIR addressing cumulative impacts still pending in 1996.  SCWA to be Lead Agency under CEQA and State Water Board will function as Responsible Agency. SWB will make decision after reviewing EIR prepared by SCWA.  The alternative section of the EIR should include water conservation, water reclamation and reuse, water transfer, desalinization, ground water management, pricing policies, conjunctive use of groundwater and surface water, improvement of distribution system, water exchanges and new water supply. 1991 Water Sources and Supply Outlook and Supply Deficiencies/SCWA: discusses Potter Valley Project reliability and the abandonment of the Hydroelectric Project by PG&E.  Without PG&E diversion, minimum stream flows between Coyote Valley Dam and Dry Creek would have to be reduced to 25 cfs in all years.  SCWA states if all else failed, a new application could be filed. 1992 SCWA Urban Water Management Plan: Amendment for Water Shortage Contingency Plan (Assembly Bill 11, 1991) requiring urban water suppliers to form a contingency plan.            U.S. District judge denied government and irrigation district motions to dismiss federal Administrative Procedure Act (APA) claims under Fish and Game Code 5937 which requires dam owners to release sufficient water to keep in good condition any fish that may be panted or exist below a dam, and gives authority to the Department of Fish and Game to modify flow requirements.           California State Coastal Conservancy, Mendocino County Water Agency and Sonoma County Circuit Rider Productions developed plan for enhancing the natural resources of and appropriate public access to the Russian River. Plan was requested by the boards of supervisors of Mendocino and Sonoma Counties.  Funded by initial $450,000 to perform scientific studies and a three year planning process with public involvement. Create a Technical Advisory Committee. 1993 Dam payments begin.  Agency contract with United States for construction of Warm Springs Dam Project for $99,427,000 plus interest in annual payments between 1993 and 2034 for the reimbursable costs of the water storage element of the project.  A sinking fund collecting ad valorem taxes paid since 1971 by taxpayers of Sonoma County to fund payments.           In January, Superior Court Judge Allen Fields held the state of California and two reclamation districts responsible for flooding in the storms of February, 1986.  He ruled the floods were not caused by levee failure, but by the system of dams and canals that spared the rest of Sacramento and Natomas but made reservoirs of other properties. State denies and plans to appeal the decision as a flood is "an act of nature." 1994 Mendocino County Russian River Flood Control & Water Conservation Improvement District (Eric Toll) hold public meeting in Cloverdale in January on Notice of Preparation of DEIR for Water Purchase contract for 13,000 acre feet of water.  John L Turner, Chief, Environmental Services Division of SWRCB responds in letter (1/28/94) that a cumulative impact analysis will be required.           Pending cumulative impact analysis by Division of Water Rights (SWRCB) on the 90+ pending water diversion applications for the Russian River and its tributaries.  1994 marks the lowest level and potential demise of the salmon population in Northern California.           State Water Resources Control Board memo uncovered telling employees to keep their mouths shut if they thought a decision had been made to go ahead on possibly illegal actions and don't put objections down in writing according to press release from California branch of Public Employees for Environmental Responsibility (CalPEER).            Agency petitions for addition of seven (7) wells as standby emergency diversion capacity under Permits 12947A, 12949, 12950 and 16596 (Applications 12919A, 15736, 15737 and 19351)  New well field near Mirabel Park.   Approved with Negative Declaration based on 1974 EIR with no reassessment of impacts produced over past twenty years.           Bob Beach, General Manager of SCWA is placed on paid administrative leave after criticizing Sonoma County Supervisors over their handling of a wastewater contract as unethical and potentially illegal conduct in a letter sent to a Walnut Creek engineering firm. Beach's allegations were investigated and found to be without merit.  After 14 years, Bob Beach steps down from the leadership of the SCWA and picks his replacement, Randy Poole.  Beach continues as "consultant" in preparing Potter Valley Authority for takeover of PG&E Potter Valley power plant and water diversion rights. Robert Morrison assumes new title of Chief Engineer of Operations. No public hearing on replacement.           December 20.  Sonoma County Board of Supervisors concurrent resolution sponsoring legislation creating the Potter Valley Authority determining that the public interest may require a reexamination of releases from the Potter Valley Project into the to Russian River, and authorizing the negotiation and execution of an agreement with Humboldt Redwoods interpretive Association for the enhancement of the salmon and steelhead trout fishery in the Eel River and the salmon fishery along the north coast of California. Ayes: Harberson, Smith, Esposti and Cale. Absent: Carpenter           Coyote Dam/Santa Rosa Aqueduct. Under 1955 Water Transmission Bonds A thru F the total payments by 1994/5 total $24,413,292.           September. PG&E Potter Valley hydro plant suspended building of fish screen. Public Utilities Commission prevents the power company from passing construction costs onto the electricity consumers.  PG&E proposed curtailing water diversion by half to two-thirds during project construction and during the proposed on-year suspension.  PG&E wants to charge water users for use of water - some would pay for the first time. 1995, November. Mendocino County Supervisors approved joint agreement with three other local agencies pledging to protect continued water diversion from the Eel River.  Participants: Potter Valley Irrigation district, Redwood Valley County Water District, Mendocino County Russian River Flood control and Water Conservation District.             Hearings on listing of Coho Salmon under Federal Endangered Species Act. Decision pending. 1996 January 1st. An enactment of the Surface Water Treatment Rule whereby the first mandatory survey of drinking water watersheds will be conducted including assessment of best management practices.           West County Sanitation Project with the Russian River County Sanitation District as Lead Agency and SCWA under contract to provide all services related to operations, maintenance, planning and permitting and preparation of EIR under CEQA. To serve Northwood, Bohemian Grove, Monte Rio, Villa Grande, Mirabel Heights/Sunridge and Camp Meeker.           Pending EIR for SCWA 40% increase in water appropriations.(See 1990.) Current Legislative Action 1995-96 California Assembly Bill No. 9 (Sher) Amend Sections 2714 and 2776 of Public Resources Code Chapter 9 of Division 2 on surface mining operations; rivers and aquifers and materials extraction. 1995-6 California Senate Bill No. 218 (Thompson) Potter Valley Water Authority 1995-6 California Senate Bill No. 901 (Costa) Water Supply Planning - general plan conservation element coordination with countywide water agency. 1995-6 California Assembly Bill No. 584 (Rainey) General plans: revisions: water planning information; subdivision maps. 1995-6 California Senate Bill No. 369 (Kelley) County water authorities: indebtedness.