CSPA
Subject: The Merced River
Date: Sat, 14 Mar 1998 10:29:29 +0000
From: BOB BAIOCCHI <cspa@psln.com>
Organization: CSPA
To: CSPA board, via email
Ms. Carol L. Sampson, Director March 13, 1998
Office of Hydropower Licensing
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, D.C. 20426
Mr. Wayne White, State Supervisor
U.S. Fish and Wildlife Service
3310 El Camino Avenue, Suite 130
Sacramento, CA 95821-6340
Mr. James Lecky, Chief
Protected Species
U.S. National Marine Fisheries Service
501 West Ocean Blvd. Suite 4200
Long Beach, CA 90802-4213
Mr. George Nokes, Regional Manager
California Department of Fish and Game
1234 East Shaw Avenue
Fresno, CA 93710
Mr. Jim Canaday, CWA 401 Coordinator
California State Water Resources Control Board
Division of Water Rights
P.O. Box 2000
Sacramento, CA 95812-2000
Re: Merced River, Tributary to San Joaquin River thence
San Francisco
Bay Delta Estuary; New Exchequer Project; FERC Project
No. 2179-024;
Merced Irrigation District; Federal Energy Regulatory
Intervention of
February 17, 1998; Request for Formal Actions by State
and Federal
Agencies by the California Sportfishing Protection Alliance
Dear Ms. Sampson, Mr. White, Mr. Lecky, Mr. Nokes, and
Mr. Canaday:
Please find enclosed a letter dated February 17, 1998,
from the Office
of Hydropower Licensing of the Federal Energy Regulatory
Commission
directed to the Merced Irrigation District regarding FERC
Project No.
2179-024. See enclosure.
The Federal Energy Regulatory Commission advised the CSPA
and the
Merced Irrigation District that the license for FERC Project
2179 has a
re-opener condition set forth. As stated by the Federal
Energy
Regulatory Commission, "Article 10 of the project
license includes
provisions to re-open the license for the purpose of altering
project
structures and operation for the conservation and development
of fish
and wildlife resources, after notice and opportunity for
hearing".
The California Sportfishing Protection Alliance believes
that
re-opening the license for the project and modification
of the project
operation is timely to protect and restore the anadromous
fisheries of
the Merced River as shown below.
On April 14, 1995, the California Sportfishing Protection
Alliance
requested the Federal Energy Regulatory Commission to
re-open the
license for the project for the purpose of modifying the
project
operation for the protection and restoration of the anadromous
fisheries
of the Merced River affected by the operation of the project.
The CSPA
requested the Commission require changes in the minimum
flow
requirements at the project for the protection and enhancement
of
anadromous salmonids in the Merced River.
The California Sportfishing Protection Alliance is formally
requesting
the U.S. Fish and Wildlife Service, U.S. National Marine
Fisheries
Service, California Department of Fish and Game, and the
California
State Water Resources Control Board to formally engage
the Federal
Energy Regulatory Commission process in the matter of
modifying the
subject project and mitigating adverse impacts to anadromous
fish and
other public trust resources of the Merced River resulting
from the
operation of the project.
The Merced River did sustain spring-run chinook salmon
species and
their habitat. Spring-run chinook salmon species of the
Merced River,
and also of the San Joaquin River Watershed, were extinguished
because
of the dams and the failure of the federal and state regulatory
agencies
to protect this species. New Exchequer Dam, the project
dam, was one of
those dams. The U.S. National Marine Fisheries Service
is proposing
within a year whether to list spring-run chinook salmon
of the Central
Valley under the protection of the provisions of the federal
Endangered
Species Act.
The Merced River sustains fall-run chinook salmon species
and their
habitat. The U.S. National Marine Fisheries Service within
a year is
proposing whether to list fall-run and late fall-run chinook
salmon of
the Central Valley Region under the protection of the
provisions of the
federal Endangered Species Act.
The Merced River did sustain steelhead trout species,
and river should
still sustain steelhead trout species. The Merced River
sustains other
fish and aquatic species and their habitat. The U.S. National
Marine
Fisheries Service should shortly list steelhead trout
species of the
Central Valley Region under the protection of the provisions
of the
federal Endangered Species Act.
The U.S. National Marine Fisheries Service has a duty
and a
responsibility to protect species protected under the
federal Endangered
Species Act.
The Merced River Watershed most likely sustains other
species protected
under the provisions of the federal Endangered Species
Act. The U.S.
Fish and Wildlife Service has a duty and responsibility
to protect
species protected under the federal Endangered Species
Act. The U.S.
Fish and Wildlife Service also has a duty and a responsibility
to engage
federally licensed projects that affect fish and wildlife
resources.
The California Department of Fish and Game is a responsible
state fish
and wildlife trustee agency. Pursuant to California Fish
and Game Code
702, the California Department of Fish and Game is compelled
to require
dam owners to release sufficient amount of water at all
times to keep
fish in good condition below the dam.
The Federal Energy Regulatory Commission in their letter
of February
17, 1998 advised the CSPA that the California Department
of Fish and
Game was negotiating with the Merced Irrigation District
concerning
negotiations that may affect releases of water and anadromous
fisheries
at the project. The CSPA has not received any information
from the
California Department of Fish and Game regarding the ongoing
negotiations, nor has the CSPA received any information
from the Merced
Irrigation District, the licensee.
The California State Water Resources Control Board has
Section 401 of
the federal Clean Water Act authority to regulate the
beneficial uses of
the state's water at and below New Exchequer Dam, the
project dam. The
Merced Irrigation District also has water right permits
and/or licenses
to operation the project for power purposes and other
consumptive uses.
Some of the major problems associated with the operation
of the project
are as follows: (a)inadequate mandatory daily minimum
riverflow
requirements for salmonids (all life stages) and other
cold water
species below New Exchequer Dam, and also below other
points of
diversions during all water year types; (b) potential
unsuitable water
temperatures for all life stages of salmonids below New
Exchequer Dam
and also below other points of diversion during all water
year types;
(c) fish passage obstruction for salmonids at all existing
diversion
dams and barriers; (d) inadequate attraction flows for
adult anadromous
fish species during all water year types; (e) inadequate
downstream
migration flows for juvenile anadromous fish species during
all water
year types; (f) unscreened diversions causing harm and
injury to all
life stages of anadromous fish; (g) fluctuating flows
causing harm and
damage to redds and juvenile salmonids; (h) replenishing
spawning
gravels affected by the natural downstream recruitment
by New Exchequer
Dam and other diversions dams (i) potential water quality
problems; (j)
improvement of watershed management to restore and protect
instream and
riparian habitat; and (k) others not mentioned.
Recommendations by the California Sportfishing Protection
Alliance
The CSPA is requesting the following actions:
1. The Federal Energy Regulatory Commission (Commission)
should re-open
the license for FERC Project 2179 in cooperation with
the above
mentioned state and federal agencies and modify the operations
of the
project to restore, protect, and enhance anadromous salmonids
in the
Merced River, including other public trust resources;
2. The Commission should modify the existing mandatory
daily minimum
flow requirements below New Exchequer Dam, and also below
other
diversions, to restore, protect, and enhance salmonids
(all life stages)
and other public trust resources;
3. The Commission should require attraction flows from
New Exchequer Dam
to the San Joaquin River for adult salmonids migration;
4. The Commission should require migration flows from
New Exchequer Dam
to the San Joaquin River for juvenile salmonids migration;
5. The Commission should require the licensee to maintain
adequate daily
water temperatures below New Exchequer Dam and below other
points of
diversion that protect cold water fish species such as
salmonids, and
also aquatic species;
6. The Commission should require the licensee to construct
and maintain
state of the art fish screens at all diversions to protect
salmonids and
other fish species from harm and injury;
7. The Commission should require the licensee to cease
fluctuating flows
resulting from project operation to protect and enhance
salmonids (all
life stages);
8. The Commission should require the licensee to replenish
spawning
gravel annually for all salmonid species below New Exchequer
Dam to the
San Joaquin River;
9. The Commission should require the licensee to reintroduce
and restore
spring-run chinook salmon species and their habitat in
the Merced River;
10. The Commission should require the licensee to implement
protection
measures to protect water quality and the beneficial uses
of the state's
water in the Merced River resulting from the operation
of the project;
11. The Commission should require the licensee to consult
with the U.S.
Fish and Wildlife Service and the U.S. National Marine
Fisheries Service
regarding the "taking" of species protected
under the provisions of the
federal Endangered Species Act;
12. Any and all agreements between the licensee and the
California
Department of Fish and Game must be in full compliance
with the
California Environmental Quality Act and the National
Environmental
Policy Act, including all applicable provisions of state
and federal law
such as the federal U.S. Fish and Wildlife Coordination
Act, Federal
Power Act, federal Clean Water Act, federal Endangered
Species Act,
Public Trust Doctrine, Caifornia Fish and Game Code 5937,
and the
California Water Code.
If there are any questions, I can be reached at my office
at
530-836-1115. My fax is 530-836-2062.
Respectfully Submitted
_____________________________________________
Robert J. Baiocchi, Consultant
For: California Sportfishing Protection Alliance
P.O. Box 357
Quincy, CA 95971
Enclosure
Service List
Ms. Carol L. Sampson, Director
Office of Hydropower Licensing
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, D.C. 20426
(Original and 7 Copies)
Mr. Wayne White, State Supervisor
c/o Ms. Susan Boring, Biologist
U.S. Fish and Wildlife Service
3310 El Camino Avenue, Suite 130
Sacramento, CA 95821-6340
Mr. James Lecky, Chief
Protected Species
U.S. National Marine Fisheries Service
501 West Ocean Blvd. Suite 4200
Long Beach, CA 90802-4213
Mr. George Nokes, Regional Manager
California Department of Fish and Game
1234 East Shaw Avenue
Fresno, CA 93710
Mr. Jim Canaday, CWA 401 Coordinator
California State Water Resources Control Board
Division of Water Rights
P.O. Box 2000
Sacramento, CA 95812-2000
Mr. Jim Bybee, Supervisor
U.S. National Marine Fisheries Service
777 Sonoma Avenue
Santa Rosa, CA 95404
Mr. Chris Mobley, Fisheries Biologist
U.S. National Marine Fisheries Service
777 Sonoma Avenue
Santa Rosa, CA 95404
Mr. Jim Crenshaw, President
California Sportfishing Protection Alliance
1248 East Oak Avenue, Suite D
Woodland, CA 95695
Mr. Steve Volker, Esquire
Earthjustice Legal Defense Fund
180 Montgomery Street, Suite 1725
San Francisco, CA 94104-4209
Mr. Ross Rogers
Merced Irrigation District, Licensee
P.O. Box 2288
Merced, California 95344-0288
Interested Parties