ANALYSIS OF FISH FLOW POLICIES AND IMPLEMENTATION OF THE LAKE TULLOCH SHORELINE MANAGEMENT PLAN Discussion Paper Prepared by The Lake Tulloch Alliance Introduction In the spring of 2015, the Oakdale Irrigation District first informed the public that they may have to drain Lake Tulloch in order to meet the environmental requirements of providing water to effectively transport fish into the Delta. Thus began the public debate on the fish flow policy involving Congressmen, State Legislators, local government officials, the public and the media. The debate focused on the terrible impact the implementation of this policy would have on Lake Tulloch s economy, environment, and the drinking water available to the community of nearly 10,000. However, the problems caused by these policies reach far beyond the shores of Tulloch but are felt throughout the Sierra foothills and the rich agricultural valleys below. The demand of the State Water Board along with the Federal Government to continue the fish flows has not ceased. The Irrigation Districts have continued to warn the public that the lake will be drawn down. On the short run if the 2015-16 winter brings heavy rains and snow the immediate emergency and threats could diminish. If the winter fails to bring enough precipitation then all bets are off. The Lake Tulloch Alliance joins with our area Congressional delegation and many state legislators and local government officials in supporting action to end any implementation of fish flows during a time of drought. We further believe that the US and state government launch an independent analysis of even their effectiveness to insure that every drop of water in our state is used properly. Our state should never again be threatened by bad public policy based on junk science. The purpose of this LTA discussion paper is not to attack the agencies involved with the operation of Lake Tulloch including Tri Dam, the Oakdale Irrigation District or the South San Joaquin Irrigation District. Rather, we are thankful they did refuse to comply with federal directives the drain reservoirs in the spring of 2015 to achieve fish flow goals. It is important they have sponsored all of the scientific research that has demonstrated the folly of the Endangered Species Act motivated fish flows. We recognize that the agency board members and staff have been faced with the implementation of a mandated extreme environmental policy of wasting billions of gallons of water for an unachievable goal. LTA applauds Tri Dam for the goals presented in the Lake Tulloch Shoreline Management Plan (SMP). Many of these goals came directly from our organization and other community leaders including those involved with the Lake Tulloch Task Force. It is important to note that former Tri Dam Manager Steve Felty and Susan Larson, the current Tulloch Tri Dam representative, strongly supported implementation of these goals in Calaveras and Tuolumne Counties. Without the incorporation of these goals into the county s planning decisions, the lake would have been seriously damaged with destruction of more wetlands, wildlife, and over-the-top development. In this document we refer to the draining of Lake Tulloch because that was the original term used by the Oakdale Irrigation District. The purpose of this discussion paper is to examine the impact that draining or drawn down of Lake Tulloch on the ability of the Tri Dam Authority to achieve the goals of their agreement with the US Federal Energy Regulatory Commission. It is important for the public that Lake Tulloch is considered in the Waters of the United States and hence subject to US laws and regulation. We also note the need for the agencies to place the interests of the Lake Tulloch Basin on part with other purposes of the lake. We hope this paper makes a constructive contribution to the clear need for a permanent end in the fish flow policy. The Lake Tulloch Alliance www.laketulloch.org laketullochalliance@gmail.com 1
A Serious Conflict: Achieving the Goals of the Lake Tulloch Shoreline Management Plan and the Fish Flows The draining of Lake Tulloch is, however, in-direct conflict with the goals and objectives of the Lake Tulloch Shoreline Management Plan (SMP) approved by the US Federal Energy Regulatory Commission and accepted by the Tri Dam Board. Such an action totally ignores three key priorities: 1. People 2. Economy 3. Environment The draining of the lake will seriously damage the people whose lives and financial investments are place in the community. Draining the lake has already seriously damaged the economy since never before was the reliability of water in the lake an issue. Finally, the draining of the lake seriously and negatively impacts the environment. All of our work over the years involving the protection of waters and wild life are ignored by a policy that seeks to help enhance fish downstream and in the Delta. There is an agreement with the Bureau of Reclamation which states: Bureau of Reclamation Agreement - Licensee shall maintain the water surface elevation of Tulloch Reservoir as high as possible to protect the recreational uses of the reservoir, consistent with United States Bureau of Reclamation contracts and agreements, dam safety requirements and other mandatory operational requirements. Two weeks prior to any planned reservoir drawdown below normal operating levels, licensee shall provide notification to local homeowners associations, and shall post said notification at publicly accessible locations such as marinas, boat ramps, and local businesses. Notification shall include the expected duration of the drawdown period. Please note that there is no requirement in this agreement to achieve fishery goals! Wouldn t operational goals include providing water to public, health, safety and the environment? There a requirement that the water level be held to highest level. Also note that this was for a specific period of time and not opened ended depending upon the accomplishment of an environmental goal never specified in the agreement. The key goals under the SMP are: The licensee may exercise the authority only if the proposed use and occupancy is consistent with the purposes of protecting and enhancing the scenic, recreational, and other environmental values of the project. If a permitted use and occupancy violates any condition of this article or any other condition imposed by the licensee for protection and enhancement of the project's scenic, recreational, or other environmental values, or if a covenant of a conveyance made under the authority of this article is violated, the licensee shall take any lawful action necessary to correct the violation. The question is how these goals can be achieved under the SMP if the lake is drained to achieve a mandated policy by a State Agency to achieve a goal not included in the agreement with FERC nor the stated purpose of even New Melones. 2
Tri-Dams and the Irrigation District Responsibilities to the Lake Tulloch Community In considering the FERC agreement and operation of Lake Tulloch since 1957, it is important to note that the agency had never informed the public or other governmental entities that the lake could be drawn down to achieve some environmental goal downstream. It was well understood that a drought and the drawing down of the New Melones could have an impact on Tulloch. People were told they could expect a reliable water supply. Therefore, literally hundreds of millions of dollars were invested by the public, private enterprise and government into development throughout the Lake Tulloch Basin. The value and marketability of real estate has suffered significantly over the since the Irrigation District first warned the lake would be drained. It is important to note that fees were paid by property owners and permits granted by Tri Dam for construction on the shorelines of the lake which was associated with the major real estate development. Substantial investments were made with an understanding that the lake level could fluctuate according to nature but not by government imposed drawn downs for purposes unrelated to the purpose of Lake Tulloch. The Calaveras Water District invested large amount of money to serve the needs of a growing population. The Sierra Conservation Center was built by the State of California housing 5,000 inmates with this understand as well. Tri Dam since its formation has permitted all development along the lake shore. Even the construction of specific subdivisions was specifically approved by the agency. The SMP notes the approval of a housing project: The Tri-Dam Project also filed with FERC on November 20, 1978, an application to permit the Heart Federal Savings and Loan Association to develop and sell lands within the Lake Tulloch Shores Subdivision, Unit Numbers 1 and 2, that included a unique provision to construct housing over the reservoir. The Lake Tulloch Alliance was recently informed by one Irrigation District official that the primary purpose of Lake Tulloch is provide water to farmers and generate power. The official said lake residents need to understand they are a secondary priority. The fact is that the Irrigation Districts were well aware of the development of the community and even approved it. Therefore, the Irrigation Districts do have a responsibility to the community and should place in on equal footing with other purposes of the lake. STATED GOALS OF SMP The following language comes directly with the Tri Dam SMP: The goal of the SMP is to assist applicants proposing minor shoreline development projects by providing a defined process to apply for an encroachment permit and describing the process the Tri-Dam Project will undertake to issue an encroachment permit. The process is designed to: Provide clear guidelines for minor shoreline development; Meet regulatory requirements; Protect the Tri-Dam Project s power generation interests; Protect and enhance the scenic, environmental, and public recreational value of the reservoir. Again, how does draining Lake Tulloch allow for the implementation of these goals? Power Generation The draining of Lake Tulloch certainly will not enhance or protect the agency s power generation interest. Water needs to be flowing through the turbines to create electricity. If the reservoir is brought down dead pool size then there is no more power generation. 3
THE ENVIRONMENT AND SMP The SMP states very specific goals for the protection of the environment. The draining of the reservoir will seriously compromise wetlands along with its impact on wildlife including Bald Eagles, Osprey, Western Pond Turtles, and more. 1.4 SMP Provisions to Protect Sensitive Environmental Resources This SMP provides public outreach and management provisions designed to protect sensitive environmental resources in the following sections: Goal 6 in Section 2.0 describes handouts to the public and coordination with other agencies to protect sensitive environmental resources while managing minor shoreline development at Tulloch Reservoir; Section 3.1 references management measures in other plans included in the FERC license for managing special-status species and habitat; Section 3.9 references management measures in other plans included in the FERC license for managing noxious weeds; and The shoreline permitting process framed in Section 4.0 provide for oversight of minor shoreline development by the Tri-Dam Project in item 3 in Section 4.1.1 and in item 1 in Section 4.2.1. Clearly the draining of the lake would have a disastrous impact on the ecology of the lake reversing years of work to protect and enhance it. This is one of the most serious conflicts with the draining of the lake and adherence to the SMP. Goals of Tri Dam Shoreline Management Plan The following are all of the goals of the Shoreline Management Plan with the approval of the Federal Energy Regulatory Commission. It is important to note that the goals of the plan were extremely important in protecting the lake and setting standards for appropriate development. However, we believe the action of the Oakdale and South San Joaquin Irrigation Districts to continue the policies to enhance fisheries are a major mistake and run counter the goals outlines in this agreement. We have included several notes below and all of the goals for the reader s information: GOALS, POLICIES AND MANAGEMENT IMPLEMENTATION This section provides the goals, policies and management implementation measures that provide the foundation of this SMP. GOAL 1: PROVIDE AN OVERALL MANAGEMENT PLAN FOR THE RESERVOIR Encourage cooperative planning and management efforts among the multi-jurisdictional agencies at Tulloch Reservoir. Adoption of the same rules governing use of the reservoir by Calaveras and Tuolumne counties address many past issues and concerns about recreational use impacts at the Project. Adoption of the SMP, which incorporates the land use designations of Calaveras and Tuolumne counties for lands along the shoreline. (See Attachment Adoption of this SMP includes provisions for periodic review and updates as necessary to ensure consistency between all applicable Tri-Dam Project and county regulations. Conduct periodic meetings of involved agencies, as necessary, to ensure that continued cooperative efforts are achieved. LTA Note: The agencies have not worked completely with local agencies including the CCWD and the Boards of Supervisors to insure that their policies do not adversely impact the community and environs. 4
GOAL 2: PROMOTE ORDERLY GROWTH AND DEVELOPMENT IN ORDER TO ENSURE THAT BOAT DOCKS AND OTHER SHORELINE STRUCTURES ARE INSTALLED AND MAINTAINED IN A MANNER WHICH ENSURES THAT THE MAXIMUM NAVIGABLE AREA OF THE RESERVOIR IS ACHIEVED Use the guidelines and regulations of this SMP in the permitting process of all facilities within the FERC Project Boundary. Ensure that all new and replacement facilities covered by this SMP conform to the criteria established in the plan. Continue to utilize a permitting process, which integrates the requirements of Tuolumne County, Calaveras County and the Tri-Dam Project, Tri-Dam Project Ensure that all new and replacement facilities covered by this SMP are located as close to the shoreline as possible in order to minimize intrusion of boat docks and other facilities onto the navigable water surface area. Coordinate the permitting process to ensure that permits, if needed, from multiple agencies are obtained prior to installation of facilities covered by this plan. GOAL 3: PROMOTE SHORELINE DEVELOPMENT WITHIN LIMITS WHICH ENSURE THAT RECREATIONAL QUALITY OF THE RESERVOIR IS MAINTAINED Policies: Limit the number of boat docks and other facilities by implementing spacing standards of the Tulloch Reservoir design guidelines, using California Division of Boating and Waterways specifications and other resources. Permit one dock per existing parcel within the pre-developed subdivisions of Poker Flat, Connor Estates, Peninsula Estates, Copper Cove, Black Jack Bluffs and those within Tuolumne County, provided that adequate separation between existing lot lines can be achieved. Permit new docks in accordance with the density limits established by the land use designations of the counties. Allow one new dock per existing parcel, as it currently exists. Additional docks for new subdivisions shall be reviewed in conjunction with the county s subdivision approval process and draft Calaveras Tulloch Lakeshore Development policies, however, a new dock shall only be authorized when it can be demonstrated that the additional dock will not interfere with existing navigable recreational water space or adjacent parcels and conform to applicable criteria of this SMP. Require that all shoreline structures be located on land owned in fee title by the property owner on whose land the facilities are to be located. Continue to use the adopted policies pertaining to the consideration of temporary use agreements for facilities located on the Tri-Dam Project s land. Encourage the counties to continue enforcement of guidelines for violations of permit or other regulatory requirements. GOAL 4: PROMOTE BOATING AND PERSONAL WATERCRAFT SAFETY Work cooperatively with the counties Sheriff s Departments to ensure that boating regulations are enforced. Develop instructional programs to better educate reservoir users. 5
Continue to enforce speed limitations, as required by applicable laws. Continue to maintain the buoy and signage program in order to denote restricted speed areas. Inform boaters and other reservoir users of the rules and regulations that pertain to boating on Tulloch Reservoir through the installation of signage and distribution of handouts at homeowners associations, marinas and other private and public launching facilities. Encourage the Sheriff s Departments to strictly enforce California Division of Boating and Waterways regulations and local regulations, and to ensure compliance with boating and safety regulations. GOAL 5: ENHANCE THE QUALITY OF RECREATIONAL OPPORTUNITIES AT TULLOCH RESERVOIR Tulloch Reservoir s water recreation users are maintained, including pleasure boaters, water skiers and wake boarders, swimmers, anglers and personal watercraft users. LTA NOTE: The draining of the reservoir to achieve goals not included in the agreement are counter this SMP and do not allow for the achievement of Goal 5. The draining of the lake would effectively end year round recreation usage. Continue to conduct Form 80 periodic surveys of water recreation users and residents to determine levels of satisfaction with the quality of recreational experience, including access to facilities, crowding and overall quality of reservoir management. Require that all new and replacement developments conform to applicable guidelines in order to maintain the maximum navigable water area possible to ensure that overcrowding does not occur. Implement additional regulations, as necessary, to minimize congestion including access limits, use restrictions and/or other mechanisms so that a high level of satisfaction is achieved. Encourage the counties to develop and maintain facilities, which will provide public access to the reservoir. Support the implementation of user fees or similar programs, if necessary, to provide additional funding for law enforcement, water safety, graffiti and nuisance abatement, facility development and recreational facility management. Consider the adoption of additional regulations, if necessary, including but not necessarily limited to, the establishment of designated areas within the reservoir for skiing, wakeboarding, fishing and personal watercraft usage. GOAL 6: ENHANCE THE COORDINATION AND MANAGEMENT OF ACTIVITIES AT TULLOCH RESERVOIR TO ENSURE THAT ENVIRONMENTAL RESOURCE GOALS INCLUDING WATER QUALITY ARE MAINTAINED AT VERY HIGH LEVELS. Encourage continued implementation of regulations designed to ensure that high water quality levels are maintained. Provide a handout to be given to recreational users designed to promote environmentally sensitive boating practices. Continue to enforce applicable county regulations regarding appropriate sanitation policies within the reservoir area. Encourage the counties to prohibit boat camping along the shoreline, except within approved campground areas. Continue to support Calaveras and Tuolumne county regulations that prohibit the usage of houseboats on Tulloch Reservoir. Continue to provide an informational handout describing measures that lakefront property owners can utilize in order to minimize the introduction of domestic pollutants to Tulloch Reservoir. 6
Encourage the counties to implement regulations designed to minimize impacts from new construction, including grading plan requirements designed to prevent increased sedimentation into the water surface area. Encourage the continued efforts of local citizens groups in organizing and conducting Tulloch Reservoir Clean-up Days. GOAL 7: MINIMIZE SHORELINE EROSION AND INCREASED SEDIMENTATION WITHIN TULLOCH RESERVOIR. Encourage the development of regulations designed to control erosion and eliminate increased sedimentation. Use the permitting program in this SMP to encourage the proper placement and construction of erosion protection devices. Require specific erosion control measures on all shoreline construction projects as part of the Tri-Dam Project s SMP permitting processes. Use the permitting program established in this SMP to authorize and encourage permit requests for excavation of soil materials along shoreline and cove areas, where possible. Develop an informational handout informing and requiring shoreline property owners to implement measures designed to prevent increased sediment and other materials from entering the reservoir, including measures designed to prevent the proliferation of non-native invasive plants throughout the reservoir area. 7