Edward Anton, Chief July 25, 1994
Division of Water Rights
P.O. Box 2000
Sacramento, CA 95812-2000
Re: Bradbury Dam; Santa Ynez River; Bureau of Reclamation Permittee; Proposed Surcharge of Lake Cachuma; Santa Barbara County
Dear Mr. Anton:
The Bureau of Reclamation is considering surcharging Lake Cachuma. Please see attachment. The Bureau holds a water right permit, as amended, under the authority of the State Water Resources Control Board.
The proposed surcharging of Lake Cachuma may exceed the storage rights in the Bureau's water right permit. Surcharging the Cachuma Reservoir would constitute a change and the appropriation of unappropriated water at Cachuma Reservoir.
Article 15., 791 et seq. California Code of Regulations, Title 23; spells out when and how a petition for change must be filed with the State Water Board. Section 1250 et seq. of the California Water Code spells out the provisions in which to file an appplication for unappropriated water.
We are requesting your staff to investigate this matter and make a determination and written finding whether or not the Bureau is required to file a change petition or a new water right application with the State Water Board for said surcharging of Cachuma Reservoir.
The proposed surcharging of Cachuma Reservoir has the potential to affect downstream water users and the potential to impact the downstream public trust resources and the environment of the Santa Ynez River to the Pacific Ocean. Surcharging Cachuma Reservoir would affect spilling flows from the dam into the Santa Ynez River.
Please have your staff forward to me a copy of the Bureau's water right permit(s) for Bradbury Dam and Cachuma Reservoir. Also, please have your staff forward to me all petitions for extension of time filed by the Bureau to put the water to full beneficial use at Bradbury Dam and Cachuma Reservoir.
In the event the Bureau is required to file a petition or a water right application, please notice the CSPA because we desire to file a protest.
In the attached letter, the Santa Barbara County Flood Control and Water Conservation District and Water Agency alleged that " Our conclusion are that Cachuma may be safely surcharged 1.0 feet [foot] under specified conditions. "
This opinion conflicts with the conclusion reached by the Department of Water Resources as follows:
In December, 1990, the Department of Water Resources and the Bureau prepared a Draft EIR/EIS for the " Enlargement of Lake Cachuma and Bradbury Dam Safety Modifications ". The following was stated in this document concerning potential flood occurrence at Bradbury Dam:
" In July 1984, Reclamation conducted a flood analysis for Bradbury Dam (SEED report). The results of that analysis indicated that the existing Bradbury Dam cannot safety pass the PMF - a hypothetical flood of a magnitude such that there is virtually no chance if being exceeded (Reclamation, July 1984)
" Bradbury Dam was originally designed for a peak inflow of 183,000 cubic feet per second (cfs) and a 3-1/2 day volume of 330,000 AF. As a result of additional hydrological and meteorological data, Reclamation developed a revised PMF for Bradbury Dam. Lake Cachuma was assumed to be at the maximum normal water surface elevation (750 feet) at the beginning of the PMF occurrence, and downstream releases would begin immediately. The PMF developed has a peak inflow of 370,000 cfs with a 72 hour volume of 618,200 AF and a 9 day volume of 898,000 AF. Studies of the revised PMF indicate that the dam would be overtopped by a flood occurrence with a peak inflow equivalent to 62 percent of the PMF. From historic data, discharges exceeding about 80,000 cfs would cause significant damage downstream of the dam. Discharges would exceed this level after 24 hours; after 31 hours the capacity of the existing spillway would be exceeded and the lake level would continue to rise until overtopping of the dam occurred. Such prolonged overtopping of Bradbury Dam could result in failure by breaching. "
" The Bradbury Dam outlet works was found to be incapable of evacuating the reservoir within the specified time frame. Evacuation computations indicated that 263 days would be required to evacuate 90 percent of the reservoir storage. Current Reclamation guidelines state that a drawdown time of 40 - 50 days is desirable for a dam similar to Bradbury Dam. "
" Reclamation estimated that there is potential for loss of 200 to 500 lives if dam failure occurred. This represents a significant incremental increase in the potential for loss of life when comparing the dam failure to the natural (no dam) condition. The downstream damage assessment indicates that there is potential for over $5.3 million in downstream property damage resulting from dam failure. This damage assessment represents the incremental increase to damage when comparing dam failure to natural conditions. " We reference the Draft EIR/EIS for the " Enlargement of Lake Cachuma and Bradbury Dam Safety Modifications "; II Purpose and Need; Dam safety Issues; under Potential Flood Occurrence; page 9; Department of Water Resources and U.S. Bureau of Reclamation; November 1990. (Emphasis Added)
Consequently, the surcharging of Cachuma Reservoir could have adverse impacts to lives and property in the event of dam failure in conjunction with surcharging the reservoir.
We firmly believe the Bureau should prepare an environmental document for surcharging Cachuma Reservoir because of the potential for adverse impacts as noted above.
Also, this is to advise you again that the Bureau is operating the Cachuma Project under a water right permit issued by the State Water Board in violation of Fish and Game 5937. Also, Board Orders amending said permit also violated Section 782; California Code of Regulations; Title 23. Releases of water from Cachuma Reservoir at all times to protect the public trust resources of the Santa Ynez River below Bradbury Dam would reduce storage and reduce flows from Cachuma Reservoir in the event of a dam failure.
Because we have advised you of the potential for dam failure at Cachuma Reservoir and Bradbury Dam, the State Water Board may be legally responsible for the loss of lives and property from said dam failure unless the State Water Board takes a responsible action to correct the situation.
A written response is appreciated.
Respectfully Submitted
_________________________________________
Robert J. Baiocchi, Consultant
For: California Sportfishing Protection Alliance
P.O. Box 357
Quincy, CA 95971
Bus Tel: 916-283-3767 or 916-836-0338
cc: William Luce, Project Superintendent
U.S. Bureau of Reclamation
2666 N. Industrial Drive, Suite 106
Fresno, CA 93727
Jim Crenshaw, President
California Sportfishing Protection Alliance
Bill Jennings, Chairman
California Sportfishing Protection Alliance
Steve Volker, Attorney-at-Law
c/o Perry De Valpine
Sierra Club Legal Defense Fund
Steve Jordan
Jordan Ranch
Interested Parties