Santa Ynez USBR Cachuma Project Scoping Comments Nov93

Roger Patterson, Regional Director November 19, 1993

Bureau of Reclamation

U.S. Department of the Interior

2800 Cottage Way

Sacramento, CA 95825

Cachuma Project Authority

3301 Laurel Canyon Road

Santa Barbara, CA 93105-2017

Santa Barbara County Water Agency

122 W. Figueroa Street, Suite B

Santa Barbara, CA 93101

Re: Additional Scoping Comments by the California Sportfishing Protection Alliance in the Matter of Notice of Preparation of a Draft Environmental Impact Statement/Environmental Impact Report Associated with the Cachuma Project Contract Renewal for the U.S. Bureau of Reclamation, Santa Barbara County Water Agency and Cachuma Project Authority.

The California Sportfishing Protection Alliance provided your agency with scoping comments on the above stated matter on September 24, 1993.

The following are additional scoping comments by the CSPA:

The Bureau of Reclamation and the Central Coast Water Authority intend to enter into a Warren Act contract for use of Reclamation's Cachuma Project facilities for storage and conveyance of non-project water when excess capacity exists. The Central Coast Water Authority intends to deliver up to 13,750 acre-feet of water per year from California's State Water Project to users along the South Coast of Santa Barbara, California. (See Attachment)

The proposed Draft EIS/EIR for contract renewals for the Cachuma Project must provide information, data and must evaluate and mitigate to less than significant the following potential adverse cumulative impacts to the public trust resources of the San Francisco Bay - Sacramento - San Joaquin Delta Estuary.

1. The potential adverse cumulative impacts to winter-run chinook salmon species in the Bay Delta as a result of pumping water from the state pumps to the Cachuma Project.

2. The potential adverse cumulative impacts to Delta smelt species in the Bay Delta as a result of pumping water from the state pumps to the Cachuma Project.

3. The potential adverse cumulative impacts to striped bass in the Bay Delta as a result of pumping water from the state pumps to the Cachuma Project.

4. The potential adverse cumulative impacts to other threatened and endangered species in the Bay Delta as a result of pumping water from the state pumps to the Cachuma Project.

5. The potential adverse cumulative impacts to American Shad in the Bay Delta as a result of pumping water from the state pumps to the Cachuma Project.

6. The potential adverse cumulative impacts to Steelhead Trout in the Bay Delta as a result of pumping water from the state pumps to the Cachuma Project.

7. The potential adverse cumulative impacts to other fish species in the Bay Delta as a result of pumping water from the state pumps to the Cachuma Project.

8. The potential adverse cumulative impacts to water quality in the Bay Delta as a result of pumping water from the state pumps to the Cachuma Project.

9. Name the source of water and the reservoir facility where the water will be diverted to the Bay Delta as a result of pumping water from the state pumps to the Cachuma Project.

Evaluate the potential adverse cumulative impacts to anadromous fish, resident fish, aquatic resources, riparian habitat, wildlife habitat, water quality and other instream needs in the river where the water will be conveyed from storage to the Bay Delta as a result of pumping water from the state pumps to the Cachuma Project.

Evaluate the potential adverse cumulative impacts to the cold water capacity for anadromous fish at the reservoir facility where the water will be conveyed to the Bay Delta as a result of pumping water from the state pumps to the Cachuma Project.

Evaluate the potential adverse cumulative impacts to public recreation at the reservoir facility where the water will be conveyed to the Bay Delta as a result of pumping water from the state pumps to the Cachuma Project. i.e. reduction of reservoir levels during the period of recreational activities.

10. What effect will the provisions of the Central Valley Project Improvement Act have on the conveyance of water from the Bay Delta as a result of pumping water from the state pumps to the Cachuma Project.

11. What effect will the proposed Environmental Protection Agency's new water quality standards for the Bay Delta have on the conveyance of water from the Bay Delta as a result of pumping water from the state pumps to the Cachuma Project.

12. We reference to the CSPA scoping comments the data, information and findings contained in the State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992.

The State Water Board made the following findings as a result of testimony and evidence in the records for D-1630:

a) "The San Francisco Bay/Sacramento - San Joaquin Delta Estuary (Bay/Delta Estuary or Estuary) is at the center of California's water dilemma. The need for water to be exported from the Bay/Delta Estuary is obvious. Millions of people rely upon the water exported from the Bay/Delta Estuary for municipal, industrial, and agricultural purposes. At the same time, the detrimental impact of these exports on fish and wildlife living in or going through the Delta has been clearly established. This impact is recorded and documented in prior State Water Resources Control Board (State Water Board or Board) decisions, water quality control plans, and in publications of other involved public agencies." (We reference the following: See Introduction - Page 4; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992 )

b) "The public trust resources of the Estuary are in a state of decline. Adult fall-run Sacramento River salmon escapement was greater than 100,000 in the late 1960s; the 1991 escapement was less than 50,000. Adult spring-run Sacramento River salmon abundance is about 0.5 percent of the wild fish formerly seen in historic runs. San Joaquin River fall-run salmon escapement was approximately 70,000 in 1985; the 1991 estimated escapement was 430. Delta smelt have had a variable decline to persistent low abundance levels; the 1985 population level was 80 percent lower than the 1967-1982 average population. Adult striped bass abundance was estimated to be about 3 million in the early 1960s, and 1.7 million in the late 1960s; the 1990 estimate of naturally produced adult fish was 590,000. Abundances of shrimp and rotifers have declined between 67 percent and 90 percent from levels in the 1970s and 1980s. White catfish abundance has declined severely since the mid-1970s. Overall fish abundance in Suisun Marsh has been reduced by 90 percent since 1980." (We reference the following: See Public Trust Resources - Pages 29 and 30; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992)

Spring-run chinook salmon in the San Joaquin River watershed were extinguished by water projects. Water projects in tributaries to the Bay Delta have significantly reduced the amount of fresh water flowing into the Bay Delta, and from the Bay Delta to the Pacific Ocean. Sacramento River winter-run chinook salmon were nearly extinguished and are protected under the federal Endangered Species Act. Delta smelt were recently listed for protection under the federal Endangered Species Act. Steelhead trout populations have also declined and losses at the State Water Project Pumps have been documented by the Department of Fish and Game. Losses to American Shad population have occurred at the State Pumps, but are not documented by the Department of Fish and Game. Striped bass population have declined to historically low levels. Had the striped bass species been a nature fish, this species would have been listed for protection under the federal Endangered Species Act. However, striped bass species are a de facto endangered species and are the property of the people of the State of California.

c) "The declines in fish populations relate strongly to the location, method, and timing of diversions of water from and upstream of the Delta. Export pumping in the southern Delta, because of the amounts of water being pumped, the rate of pumping during the spring, and the resulting reverse flows, is a major cause of the fish population declines. The present drought has also been a contributing factor to these declines." (We reference the following: See Public Trust Resources - Page 30; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992)

d) "High export rates from the Tracy and Banks pumping plants, especially during April, May, and June, are related to substantial losses of young fish. These losses are particularly high in dry and critical years when Delta inflows and outflows are reduced and demands are high. Therefore, a minimal export rate during these months would help to reduce fish losses. It would not be reasonable to eliminate all exports during this period because some consumptive needs south and west of the Delta (especially municipal and industrial) do not have significant offstream storage available. A combined Banks, Tracy, and Contra Costa pumping plant export rate of between approximately 1,500 cfs to 2,000 cfs is needed to meet these specific needs." (We reference the following: See Public Trust Resources - Pages 30 and 31; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992)

e) "Net reverse flows caused by export pumping are adverse to fishery resources because they pull water and the young fish of various species from the western Delta into the central Delta. Young fish in the central Delta are exposed to entrainment by the CVP and SWP and by unscreened agricultural diversions within the Delta. Reduction of reverse flows would reduce entrainment of fish in the export pumps." (We reference the following: See Public Trust Resources - Page 31; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992)

f) "The eggs, larvae and juveniles of a variety of fish species, which are vulnerable to reverse flows and entrainment, are present in the Delta between approximately February and July. During February to July period, reverse flows should be avoided or minimized." (We reference the following: See Public Trust Resources - Page 31; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992)

g) "Sacramento River Salmon: The Sacramento River winter-run salmon is designated as a threatened species under the federal Endangered Species Act and an endangered species under the California Endangered Species Act. In the lower Sacramento River and Delta, the most effective method of protecting winter-run Chinook salmon is to prevent the diversion of outmigrating juveniles from their migration route down the Sacramento River from February 1 to April 30. Diversion occurs at the Delta Cross Channel. Georgiana Slough, and when there are reverse flows on the lower San Joaquin River. The National Marine Fisheries Service's (NMFS) recommendations for protection of winter-run Chinook salmon includes closure of the Delta Cross Channel, reduction or elimination of reverse flows in the lower San Joaquin River, and reduced exports. In the upper Sacramento River, protection of winter-run Chinook salmon requires the prevention of delays of upstream migrating adult salmon at the Red Bluff Diversion Dam and the maintenance of suitable water temperatures for spawning. " (We reference the following: See Public Trust Resources - Pages 31 and 32; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992)

h) "The Sacramento River fall-run Chinook salmon migrate through the lower Sacramento River and the Delta from April 1 to June 30. The survival problems encountered by this species in the Delta and the methods available to reduce these problems are the same as those cited above for the winter-run Chinook salmon. The fall-run salmon encounter the additional problems of elevated temperatures in the Delta. Upstream of the Delta during fall-run Chinook salmon spawning, the major concerns are high water temperatures and flow fluctuations after spawning which causes dessication of redds and the stranding of fry." (We reference the following: See Public Trust Resources - Page 32; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992)

i) "On the Sacramento River, flow objectives at Rio Vista were recommended for fall-run Chinook salmon smolt outmigration. The USFWS recommended a range of 2,500 to 6,000 cfs, depending on the level of protection, from April 1 to June 30 in all year types. The USFWS recommended the objective to insure that flow conditions in the Sacramento River do not get any lower than historically occurred. Flows required in the Sacramento River for winter-run Chinook salmon were not specifically identified." (We reference the following: See Public Trust Resources - Page 33; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992)

j) "San Joaquin River Salmon: Fall-run Chinook salmon stocks in the San Joaquin Basin have declined. Increases in storage in the San Joaquin tributary basins (New Melones, New Don Pedro, Lake McClure) since 1970 in combination with increased export pumping in the Delta have reduced the resilience of this population. Recovery under existing water operations will likely be slower even with a series of better water years. The factors with the greatest influence on San Joaquin River smolt survival in the Delta are inflow at Vernalis, export pumping rates, and the amount of flow diverted into Old River." (We reference the following: See Public Trust Resources - Page 34; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992)

k) "The greatest opportunity for interim improvements for San Joaquin Chinook salmon will come from additional tributary and mainstem San Joaquin River pulse flows during fall and spring migration, coinciding with and directly linked to physical and operation measures in the Delta. Increased flows at Vernalis during the spring outmigration, in conjunction with export reduction, is the most effective way of improving smolt survival, and is highly correlated with the number of adults returning two and one half years later." (We reference the following: See Public Trust Resources - Pages 35 and 36; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992)

l) "DFG trawl catches at Mossdale on the San Joaquin River indicates that San Joaquin Chinook salmon smolt migration into the Delta generally peak one week before or after May 1. Significant proportions of season- total catch each year occur between April 15 and May 14. The agencies recommend flows at Vernalis from 1,500 to 10,000 cfs during this migration period depending on the water year types. " (We reference the following: See Public Trust Resources - Page 36; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992)

m) " Three-week minimum daily pulse flow ranging from 2,000 to 10,000 cfs measured at Vernalis from approximately April 20 to May 10, with concurrent reduction in exports to 1,500 cfs will provide protection to the fall-run Chinook salmon of San Joaquin River origin during the peak of smolt outmigration. Monitoring of the outmigration will provide information as to whether this measure is effective in increasing smolt survival through the Delta. This pulse flow and export reduction will also benefit a wide range of estuarine species." (We reference the following: See Public Trust Resources - Page 36; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992)

n) "The barrier at the head of Old River is recommend by the fishery agencies to reduce the mortality of smolts of San Joaquin origin attributable to the export pumps. The placement of a barrier at the head of Old River during the spring would prevent San Joaquin Chinook salmon smolts from being diverted down Old River towards the export pumps. However, if export rates are unchanged from present conditions, such a barrier would result in increased reverse flows in lower Old and Middle Rivers, and could adversely affect smolt and other estuarine fish species. The placement of a barrier at the head of Old River during the fall (September 1 through November 30) may improve temperature and dissolved oxygen conditions for adult Chinook salmon in the San Joaquin River near Stockton." (We reference the following: See Public Trust Resources - Pages 36 and 37; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992)

o) "An attraction flow for adult migrating Chinook salmon should occur during approximately the last two weeks of October in the San Joaquin River and be measured at Vernalis. The flow would attract the fish up the San Joaquin River and tributaries, provided some degree of temperature control in the upstream areas as well as the lower San Joaquin River, provided passage flows to the Hatchery on the Merced, reduce straying to Mud and Salt Sloughs and help alleviate the low dissolved oxygen problem in the lower San Joaquin River near Stockton. Flows in late October since 1989 (between 900 and 1300 cfs) were inadequate to attract adult salmon, but flows of at least 2,000 cfs in seven years between 1979 and 1988 have appeared adequate for salmon attraction. Therefore, an interim standard for an attraction flow should be a minimum flow of 2,000 cfs, measured at Vernalis, with contributions from each of the tributaries. Monitoring of the adult escapement will provide information on the effectiveness of the magnitude duration and timing of the attraction flow." (We reference the following: See Public Trust Resources - Pages 37 and 38; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992)

p) "Estuarine Species: Remedies for the maintenance and restoration of estuarine organisms must not be limited to isolated species but must address the habitat impairments that account for the widespread declines in aquatic resources." (We reference the following: See Public Trust Resources - Page 38; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992)

q) "Striped bass have been intensively studied and monitored in the Estuary. Because of this extensive effort, and because striped bass are assumed to be representative of a large group of estuarine resident fish species, it has been used as an indicator of the overall condition of the Estuary." (We reference the following: See Public Trust Resources - Pages 38 and 39; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992)

r) "DFG has been studying variations in abundances of estuarine species. For many species, no pattern of abundance has been observed which can be related to variations in Delta outflow or other obvious factors (salinity, temperature, etc.). However, strong correlations have been observed between variations in outflow and abundance of three species. The abundance of immature shrimp, Crangon franciscorum, correlates with average March-May Delta outflow, and the abundance of mature C. franciscorum correlates with average March-May Delta outflow of the previous spring. Significant correlation for other species of shrimp were not found. DFG also found a significant correlation between average February-May Delta outflow and the abundance of longfin smelt, Spirinchus thaleichthys. Likewise, DFG found a significant a significant correlation between the abundance of one-year-old starry flounder, Platichthys stellatus, and the average March-June Delta outflow of the previous spring. Shrimp and longfin smelt are important forage species, and starry flounder have been an important fishery in the Estuary. All three species have declined in recent years, at least in part because of the continuing drought. However, DFG expressed concern that increased freshwater consumption and export could result in a higher frequency of low-flow years, and thus make it more difficult for these species to recover." (We reference the following: See Public Trust Resources - Page 41; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992)

s) "Reverse flows should not occur in the San Joaquin and Sacramento Rivers during the Delta smelt spawning period in order to transport the larvae to appropriate habitat and to keep them there. The Delta smelt reproduction season is from January to June but the spawning peak occurs in February and March." (We reference the following: See Public Trust Resources - Pages 41 and 42; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992)

t) "Suisun Marsh: Upstream water diversion and use reduce outflow from the Delta, thus increasing salinity in Suisun Marsh. Waterfowl habitat requiring lower salinity levels on the Channel Islands (Roe, Ryer, Freeman, and Snag) is, therefore, degraded by the impacts of upstream diversions." (We reference the following: See Public Trust Resources - Page 43; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992)

"Numerous rare, threatened, and endangered species of plants and animals inhibit Suisun Marsh and the tidal marshes along the south shore of Suisun Bay. Salinity levels are of concern for the marshes. Most of the legally-designated Suisun Marsh consist of managed marshes where controlled flooding and draining promotes waterfowl food production." (We reference the following: See Public Trust Resources - Page 43; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992)

u) "Delta exports have adversely affected the Bay/Delta Estuary's valuable resources. Direct and indirect impacts of export operations are significant causes of the Bay/Delta Estuary's decline." - "The present drought has also contributed to recent fishery declines." (We reference the following: See Water, Mitigation and Monitoring Funds - Page 50; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992)

v) "Storage capacity of major downstream reservoirs (Shasta, Oroville, New Bullards Bar, Folsom, Camanche, New Don Pedro, New Melones, Lake McClure and Millerton) on rivers that support substantial salmon runs in the Central Valley totals approximately 16.5 MAF. Storage capacity in CVP and SWP reservoirs constitutes approximately 73 percent of this amount of which 71 and 29 percent are owned by the CVP and SWP, respectfully." (We reference the following: See Water, Mitigation and Monitoring Funds - Pages 50 and 51; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992)

w) "The CVP has direct diversion water rights for consumptive uses and reservoir storage capacities totalling approximately 62,200 cfs and 13.7 MAF, respectfully, including Trinity River imports. The SWP has direct diversion water rights for consumptive uses and reservoir capacities totalling approximately 23,500 cfs and 3.7 MAF, respectfully. The other major water users subject to this decision have direct diversion water rights claims for consumptive uses and reservoir storage capacities totalling approximately 107,000 cfs and 10.9 MAF, respectfully. Some duplication of water rights for the same water exists, e.g., for nonconsumptive and consumptive rights; for permits or licenses duplicating pre-1914 rights. Further, not all pre-1914 claims are verified and not all permits are pursued to full development. Therefore, the actual total rights are less than these figures indicated." (We reference the following: See Water, Mitigation and Monitoring Funds - Page 51; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992)

x) " Water development projects, other than the SWP and CVP, in the Bay/Delta watershed have also adversely affected fisheries. These diversions contribute to the decline of the Estuary's biota through habitat loss, flow reductions, and larvae and fish entrainment. Upstream exports from the watershed adversely affect public trust resources more than in-basin uses because upstream exports irretrievably divert flow from the watershed and the Delta." (We reference the following: (We reference the following: See Water, Mitigation and Monitoring Funds - Page 51; State Water Resources Control Board's Draft Water Right Decision 1630 for the San Francisco Bay/Sacramento - San Joaquin Delta Estuary, dated December 1992)

13. We believe the Bay Delta is fully appropriated and in fact over appropriated based on the hearing record for D-1630. Piece mealing water contracts by the Bureau for use at the Cachuma Project is unreasonable at this time until the EPA set rules for water quality standards for the Bay Delta, until the provisions of the Central Valley Project Improvement Act are implemented, and until the U.S. Fish and Wildlife Service sets flows for Delta smelt in the Bay Delta because the Bureau and the California Department of Water Resources will not know whether there is water available which can be diverted to the Cachuma Project.

It is clear the Bureau cannot simply enter into contract agreement with the Central Coast Water Authority to divert water from the State Water Project to the Cachuma Project without having continued adverse impacts to the Bay Delta Estuary. The Draft EIS/EIR for contract renewals for the Cachuma Project must include all contracts and must evaluate and mitigate to less than significant those adverse cumulative impacts to the Bay Delta Estuary caused by all contracts.

__________________________________________

Robert J. Baiocchi, Executive Director, CSPA

P.O. Box 357

Quincy, CA 95971

Office Tel: 916-283-3767 -

Office Fax: 916-283-5017

cc: Michael Jackson, Counsel, CSPA

Dave Healsett, Counsel, CSPA

Jim Crenshaw, President, CSPA

Wayne White, State Supervisor

U.S. Fish and Wildlife Service

Sacramento Office

Jim Bybee

U.S. National Marine Fisheries Service

Santa Rosa Office

Boyd Gibbons, Director

Department of Fish and Game

Interested Parties