Amador County – The Amador Water Agency board of directors in November discussed selling raw water from Lake Tabeaud to Jackson and the Jackson Valley Irrigation District, and directed staff to see if the city wants to pay for additional study.
Jackson City Council in October authorized City Manager Mike Daly to request an estimate from AWA for the cost to have its attorney research issues he identified in September as needing evaluation, “in connection with a potential sale of untreated (Amador Water System) water to Jackson Valley Irrigation District,” by releasing water into Jackson Creek.
In a September 15th letter to AWA General Manager Gene Mancebo, agency attorney Stephen Kronick wrote that any proposed contract between AWA and JVID for sale of raw water “would trigger environmental review under the California Environmental Quality Act.”
He said state water code allows using a “watercourse to convey water so long as the rights of other diverters are not impaired,” and the “rights of other diverters along Jackson Creek would have to be evaluated.”
“Analysis would have to be undertaken to determine what the potential conveyance loss would be,” he said, and “depending on the extent of the loss, the conveyance may constitute a waste and unreasonable use of water” under the state Constitution and state water law.
Contracts with East Bay Municipal Utility District and PG&E would need to be evaluated to determine if the sale “would impair their expected benefits,” Kronick said. He said the most work would likely be evaluating PG&E’s waters rights. The proposed sale “could be considered a change in place of use of such water,” and “then would be necessary to address whether or not others would be injured by such change.”
If the sale lasts long-term, “it should be evaluated whether or not the conveyance could create habitat along the Jackson Creek which would make it difficult to cease the conveyance at the end of the contract term.”
Kronick said “at present, the law is unsettled as to whether any approval would be needed from the Regional Water Quality Control Board.” He said: “Litigation is pending as to whether or not a National Pollutant Discharge Elimination System permit is necessary for the discharge of water from one watercourse to another.”
Another issue was that if JVID “plans to resell the delivered water for domestic purposes, then it is possible such could trigger evaluation of the source water by the California Department of Public Health.
He estimated further study could cost up to $5,400, and the AWA board directed staff to see if the city wanted to fund more study. (end) pm.
Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.
