HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 10/08/2009!
„ EastValley
! Water District
LEGISLATIVE COMMITTEE
Date: October 8, 2009
Time: 12:00 p.m.
Place: 3654 E. Highland Ave, Suite 12
Highland, CA 92346
AGENDA
CALL TO ORDER
PLEDGE OF ALLEGIANCE
1. Public Comments.
2. Discussion regarding FY10 Energy and Water Appropriations Bill.
3. Discussion regarding Administration Policy (CEQ) on 500 -year flood plain
management.
4. Discussion regarding 2010 Army Corps of Engineers WRDA (Water Resources
Development Act) request for Seven Oaks Dam Remediation.
ADJOURN
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Pursuant to Government Code Section 54954.2(a), any request for a disability- related
modification or accommodation, including auxiliary aids or services, that is sought in order to
participate in the above - agendized public meeting should be directed to the District's
Administrative Manager at (909) 885 -4900 at least 72 hours prior to said meeting.
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HICKS -RI CHARDSON ASSOCIATES
P.O. BOX 2115
SPRINGFIELD, VA 22152-0115
TEL. 703- 866 -? ?90
FRF.D 8. HICKS. Ph.D. October 6, 2009 FAX: 703.8664928
[Managing Partner L-mail:fbhicks@,aoLcom
TO: Cast Valley Water District Legislative Committee
FROM: Hicks - Richardson Associates
SUBJECT: Support Information for Information Sent Concerning the FYI O Energy and
Water Appropriations bill; WRDA -2010; and the Pending Executive Order
On Flood Plain Management
Yesterday we sent you information in support of the meeting of the Legislative
Committee. Here is additional background information on the three areas that were
addressed:
Fast Valley Thank -You Letter to Representatives Lewis. Baca. and Calvert
The FYI Energy and Water Appropriations conference report was adopted by the House
late last week and will soon be adopted by the Senate. President Obama will sign the bill
when it is sent to him. Included among the provisions is $672,000 in funding from the
Corps of Engineers Appropriations investigations account, for the "Seven Oaks Dam
Water Conservation Study." This funding was requested by Representatives Lewis,
Baca, and Calvert and should soon be available to the Corps which can in turn initiate the
Water Conservation Study with Muni acting as the local sponsor.
The Seven Oaks Dam water quality and also water conservation issues cannot be solved
using Corps money unless the Corps is a party to whatever final plan is agreed upon.
This, in turn, requires the funding of studies with the Corps as lead agency and a local
water agency acting as the local sponsor. East Valley has taken a leading role since 2007
in advocating for funding for a Corps water quality study. To date, over $7 million has
been appropriated by the Congress. The $672,000 for the Corps Water Conservation
Study will help the LA District of the Corps to close the loop with regard to the water
conservation part of this issue. And this in turn should help all parties to the Seven Oaks
issue move forward to identify an agreed upon solution and price tag to address the
problems associated with the dam.
It is appropriate that East Valley thank Representatives Lewis, Baca, and Calvert for their
leadership in securing the $672,000 in FYI O funding for the water conservation study. In
addition to expressing appreciation, this letter will also help in calling attention to the fact
that East Valley Water District }has been, and must continue to be, a key player with
regard to the Seven Oaks Dam water quality and water conservation issues.
House Transportation and Infrastructure Committee Project Request Instructions for
Water Resources Development Act -2010 f WRDA1
No matter what solutions may be identified by the Seven Oaks Dam Water Quality and
Water Conservation Studies, the necessary steps will have to be authorized in WRDA.
The House Transportation and Infrastructure Committee has released a project request
instruction sheet which it asks House Members to use in submitting project requests. It is
our understanding that work on WRDA -2010 could begin as early as February of next
year. East Valley and several of the other local stakeholders are already working closely
with the LA District of the Corps of Engineers. This cooperation should produce the
necessary WRDA bill language which can be submitted to the T &I Committee this fall.
Because of the complexity of the Seven Oaks issue, if a solution has not been agreed to,
Representative Lewis, with the support of Representatives Baca and Calvert, can submit a
"placeholder" request to the Committee which can be finalized as the Seven Oak issue
becomes clearer. In the meantime, the T &I checklist for submitting projects can be a
useful guide for you.
Executive Order on Flood Plain Management
The White House Council on Environmental Quality is working on an update of a 1977
Executive Order issued during the Carter Administration on flood plain management. It
is our understanding that CEQ hopes to issue this order by the end of the year. Executive
Orders have the full force of law and do not require any input from the Congress.
Perhaps the two most famous Executive Orders of all time were the Emancipation
Proclamation and the order interning all Japanese - Americans living on the West Coast in
1942. So their impact can be immense.
CEQ is conducting its process on the Flood Plain management EO completely out of the
public eye. Few people even know this process is ongoing. Nobody we know has seen a
copy of the latest reported draft and we know the anticipated time -frame only as a result
of information given to us by reliable sources.
Briefly stated, the latest EO will extend federal oversight into the 500 year flood plain,
with an additional requirement that would prohibit "adverse impacts" on the flood plain if
there are "practicable alternatives." The final authority on whether a project meets such a
standard would be solely in the hands of the Federal government. All activities on the
flood plain being funded with Federal dollars and also all activities requiring a Federal
permit would be subject to this new EO. By this definition, virtually any activity by a
local government, including East Valley, and almost any kind of business or personal
activity, may not be prohibited on the 500 year flood plain.
We are closely following this issue and want you to be fully informed and updated. If
you see this EO as a subject of concern we would like to work with you to help being a
message of Concern to our local Congressional delegation.
vageroti
Justine Hendricksen
From:
Bob Martin
Sent:
Thursday, October 01, 2009 1:14 PM
To:
Justine Hendricksen
Subject: FW: FY10 Energy and Water Appropriations Conference Report
JPH - please forward to our Directors. Bob
- - - -- Original Message---- -
From: fbhicks @aol.com [mailto:fbhicks @aol.com]
Sent: Thursday, October 01, 2009 11:45 AM
To: Bob Martin
Subject: FY10 Energy and Water Appropriations Conference Report
C.•
Last night the FY10 Energy and Water Appropriations conference report became available. i have
attached the two pages that show that the Seven Oks Dam Water Conservation Study received $672,000
in the conference report. I have also attached a second page which showed that Lewis /Calvert /Baca all
requested the money. Neither Feinstein nor Boxer did.
I would expect the FYI 0 Energy and Water conference to be approved quite soon, perhaps as early as
next week. Obama has said he will sign the bill. So, funding should be available for this study in the
reasonably near future.
Fred
1 0/2/2009
CORPS OF ENGINEERS- INVESTIGATIONS
(AMOUNTS IN THOUSANDS)
BUDGET REQUEST
CONFERENCE
. . ..... . ........ ...... . . ... ... . . ..................... . ....... . ...... .. . ..............
PED
ALASKA
. .......
HOMER HARBOR NAVIGATION IMPROVEMENTS, AK
134
KOTZEBUE SMALL BOAT HARBOR, AK
---
--- 90
MATANUSKA RIVER WATERSHED, AK
100
--- 90
VALDEZ NA VICATION IMPROVEMENTS, AK
---
157
WHITTIER HARBOR, WHITTIER, AK
---
--
134
YAKUTAT HARBOR, AK
450
90
-
ARIZONA
LITTLE COLORADO RIVER, WINSLOW, AZ
- -
... 224
-
PIMA COUNTY (TRES RIOS DEL NORTE), AZ
275 -
233
-
RIO SALADO OESTE, SALT RIVER, AZ
-- ---
-
1,500
VA SHLY'AY AKJMEL SALT RIVER RESTORATION. AZ
--- 658
-
363
ARKANSAS
LOWER MISSISSIPPI RIVER RESOURCE ASSESSMENT, AR, It, KY, LA, MS, MO, & TN
112
--
MAY BRANCH, FORTSMITH, AR
---
...
179
PINE MOUNTAIN DAM, AR
...
381
SOUTHWEST ARKANSAS, AR
--- 170
-
WHITE RIVER BASIN COMPREHENSIVE, AR & MO
103
WHITE RIVER NAVIGATION TO NEWPORT, AR
3S9
--
CALIFORNIA
ARROYO SECO WATERSHED, CA
...
- 224
SALONA CREEK RESTORATION, CA
--- ---
- 224
BOUNAS LAGOON ECOSYSTEM RESTORATION, CA
-
- 90
CALIFORNHACCASTAL SEDIMENT MASTER PLAIN, CA
900
- 762
CARPINTERIA SHORELINE STUDY, CA
-
- ---
202
CENTRAL VALLEY INTEGRATED FLOOD MANAGEMENT STUDY, CA
---
--- 114
-
COYOTE AND BERRYESSA CREEKS, CA
950
540
COYOTE DAM, CA
90
DESERT HOT SPRINGS, CA
---
--- --
100
ESTUDILLO CANAL, CA
...
--- 112
--
GRAYSON AND MURDERER'S CREEKS, CA
--
... 90
-
HAM I LTON CITY, CA
--- 400
--- --
341
HUMBOLDT BAY LONG TERM SHOAL MANAGEMENT, CA
-- 90
-
LONG BEACH BREAKWATER STUDY, CA
90 --
-
LOS ANGELES COUNTY DRAINAGE AREA (LACDA) WATER CONSERVATION AND SUPPLY, WHITTIER NARROWS DAM, CA
... 134
-
LOS ANGELES RIVER ECOSYSTEM RESTORATION, CA
717
LOS ANGELES RIVER WATEACCURSE IMPROVEMENT, HEADWORKS, CA
--- 332
LOWER CACHE CREEK YOU) COUNTY, WOODLAND AND VICINITY, CA
117
LOWER MISSION CREEK, CA
---
99
MALIBU CREEK WATERSHED, CA
90
- --
MIDDLE CREEK, CA
99
---
PAJARO RIVER, CA
-
S89
REDWOOD CITY HARBOR, CA
90
---
RIVERSIDE COUNTY SPECIAL AREA MANAGEMENT PLAN, CA
198
-
SAC-SAN JOAQUIN DELTA, DELTA ISLANDS AND LEVEES, CA
468
394
...
SACRAMENTO RIVER FLOOD CONTROL (GRR), CA (SYSTEM EVALUATION)
--
314
-
SAN CLEMENTE SHORELINE, CA
- ---
... --
90
SAN DIEGO COUNTY SHORELINE, CA
-
-
134
SAN DIEGO COUNTY SPECIAL AREA MANAGEMENT PLAN, CA
-
152
-
SAN FRANCTSQUITO CREEK, CA
--- ---
- 179
---
SAN JOAQUIN RIVER BASIN, FRAZIER CREEK, CA
--- ---
- 90
-
SAN JOAQUIN RIVER BASIN, LOWER SAN JOAQUIN RIVER, CA
897
-
SAN JOAQUIN RIVER BASIN, WEST STANISLAUS COUNTY, ORESTIMBA CREEK, CA
--- 310
31
SAN JOAQUIN RIVER BASIN, WHITE RIVER AND DRY CREEK, CA
- 90
-
SAN IVAN CREEK, SOUTH ORANGE COUNTY, CA
- 269
-
SANTA ANA RIVER AND TRIBUTARIES ECOSYSTEM RESTORATION, CA
- 550
SANTA ANA RIVER AND TFOUTARIES, BIG BEAR LAKE, CA
- 577
SANTA ANA RIVER, PRADO BASIN ECOSYSTEM RESTORATION, ORANGE COUNTY, CA
39 -
SANTA CLARA RIVER WATERSHED, CA
- 381
---
SEVEN OAKS DAM WATER CONSERVATION STUDY, CA
- ---
--- 672
---
SOIANA- ENCINITAS SHORELINE, CA
278 -
- 3Z-
-
SOUTH SAN FRANCISCO SHORELINE, CA
--
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HICKS- RICHARDSON ASSOCIATES
P.O. BOX 2115
SPRINGFIELD, VA 22152-0115
FRED B. HICKS. PhD.
Managing Pammer
DRAFT
TEL 703- 866 -4290
FAX: 703- 8664928
Finail:fbl icks@aolcom
The Honorable Jerry Lewis The Honorable Ken Calvert The Honorable Joe Baca
2112 Rayburn HOB 2201 Rayburn HOB 2245 Rayburn HOB
Washington DC 20515 Washington DC 20515 Washington DC 20515 -0502
Dear Congressman Lewis: Calvert: Baca:
We are writing to thank you for your support of the provision in House Report 111 -278,
the FY10 Energy and Water Appropriations bill, which provides $672,000 for the Seven
Oaks Dam Water Conservation Study. As you know, addressing the Seven Oaks Dam
water quality and also water conservation issues are crucial steps in the process of
securing the water resources of Bunker Hill Basin in the 21" Century. This cannot
happen unless our local water agencies work together cooperatively with the Corps of
Engineers in developing solutions regarding operation of the dam. Your FYI 0 funding
for the Water Conservation Study will enable this partnership to proceed, just as it has
over the past three years with regard to the Seven Oaks Dam Water Quality Study.
The San Bernardino Valley Municipal Water District is the local sponsor for the Water
Conservation Study. East Valley Water District looks forward to supporting Muni in this
effort and in working with all parties to create a consensus that will identify strategies
and the costs that will necessary to solve water quality and conservation issues associated
with the Seven Oaks Dam. We are mindful of all of your leadership over the years with
regard to water resources challenges, both throughout California and the nation and in
particular the Bunker Hill Basin. Thank you again for your continuing help with regard
to the Seven Oaks Dam. We must preserve and conserve every drop of water that we can
through more thoughtful and coordinated operation of the dam. Your support funding for
the Water Conservation Study in the FY10 Energy and Water Appropriations bill is a
much appreciated step forward.
Sincerely,
Hicks -Ray Associates
■ r ■
September 30, 2009
TO: WESTCAS Board of Directors
FROM: Fred B. Hicks and J. Tom Ray
SUBJECT: Strategy on CEQ Flood Plain Management Executive Order
We have been working over the past few days to reach out and educate WESTCAS and
as many other groups as possible with regard to the Executive Order on Flood Plain
Management. Please see the attached which is the mass email sent out on Monday by the
United States Conference of Mayors alerting their membership.
The proposed EO, which is due to be released by the end of the year, will impact
activities conducted on the 100 and the 500 year flood plain. If you are a public or
private local interest, and your activity requires a federal permit/federal permit review,
you will be impacted. But the EO is being conducted out of public view. Nobody that
we know has even seen the latest draft and there are no plans to release it to the public:.
Think about what a 500 year flood plain means. That's 1509 to 2009. In 1509, there was
no United States of America. That was still 267 years in the future. George Washington
wouldn't be born for another 223 years. It would be 11 lyears before the Pilgrims landed
at Plymouth Rock and 98 years before the establishment of Jamestown. Henry the VIII
in England was in the first year of his reign. So, 500 years is a heck of a long time.
Given how the EO process is being conducted, we propose that WESTCAS take three
concrete steps:
1. Work with like- minded organizations in an outreach to CEQ/White House urging
that the process be made more public.
2. WESTCAS members write to their Congressional delegation describing how the
EO would impact their local government and business communities.
3. WESTCAS members ask their Member of Congress to contact the White House
expressing grave concern over the secretive manner in which the EO is being
pursued and to urge that these changes be made through the legislative process.
If you like the general direction of this strategy we will be happy to provide you with a
draft letter for your consideration and suggest additional steps. Please let us know what
you think.
Fred Hicks - 703.866.4290 Tom Ray - 254.855.0880
P.O. Box 2115 P.O. Box 955
Springfield, VA 22152 -0115 Waco, TX 76703 -0955
fled chicks -ram tomAhicks -rav corn
White House Drafting an Executive Order on Flood Plain Management Page I of 2
From: fbhicks @aol.com
To: fbhicks @aol.com
Subject: White House Drafting an Executive Order on Flood Plain Management
Date: Wed, Sep 30, 2009 10:06 am
Attachments: Draft_ Executive _Order._Flood_Plains.pdf (142K)
From: USCM /Cochran ( mailto :actionalert @usmayors.org]
Sent: Monday, September 28, 2009 1:46 PM
To: Monday.Morning.Group.Listsery
Subject: White House Drafting an Executive Order on Flood Plain Management
THE UNITED STATES CONFERENCE Ol
To: The Mayor
From: Tom Cochran, CEO and Executive Director
Re: White House Drafting an Executive Order on Flood Plain Management
The White House and the Council on Environmental Quality (CEQ) have been developing an
upgrade to the 1977 Executive Order on Flood Plain Management. The new policy will broaden the
scope of the Executive Order to include the 500 -year flood plain for critical actions (actions relating
to hospitals, electric, water and other utilities, data storage centers, facilities that manage hazardous
materials, etc.). It will also increase the scope of federal authority in the 100 -year flood plain. The
proposed policy change in this Executive Order may have far - reaching implications for local land
use decisions and you and your staff should carefully review this draft executive order which is
attached.
Who does. it affect?
The new policy will affect activities conducted in the 100 -year and 500 -year flood plain. This
includes all federal lands, facilities and resources; and any land use or waterway activities that either
directly or indirectly receive federal financial assistance or require permits from a federal agency or
a state agency with delegated authority to issue permits based on federal law. Examples: any water
or wastewater facility that receives an SRF loan or grant, or requires a state permit under the Clean
Water Act or Safe Drinking Water Act; any highway or road /rail project that receives federal financial
assistance or is subject to federal permit review, such as dams, levees, reservoirs, etc.
What changes are _ roposed?
The new policy prohibits adverse impacts on natural resources in the flood plain if there are
practicable alternatives. It eliminates the normal review of project benefits and consideration
of local preferences when making decisions about flood plain impacts.
It expands review of projects to the 500 -year floodplain, specifically in relation to critical
actions (see definition above).
It will likely lengthen project review schedules by requiring additional evaluation,
consideration of alternatives sites, restoration and mitigation requirements and other existing
requirements under NEPA and section 404 of the Clean Water Act.
http: / /webmail.aol.com/ 28200 /aol /en -us /mail /PrintMessage.aspx 9/7/2009
White House Drafting an Executive Order on Flood Plain Management Page 2 of 2
Status: A final draft has been developed and forwarded to an Interagency workgroup comprised of
key federal agencies for approval
What should our city do?
• Be knowledgeable of this pending change. Attached you will find the draft executive order. It
is also posted on our website at
http;// www. usmayors .org /environment/uploads/DOC _20090923141043 OOO.PDF
• Review the proposed changes to determine if activities in your city will be affected.
• Consider contacting the CEQ to make comments on the proposed changes.
Please let Judy Sheehan Qsheahan @usmayors.org) or Rich Anderson (rnderson @usmayors.org)
of my staff know how this may impact your city. We will be gathering information to help us as we
proceed forward. Thank you for your attention to this matter.
http: / /webmaii.aol.com/ 28200/ aol /en- us /mail/PrintMessage.aspx 9/7/2009
2010 Water Resources Development Act
Authorization Request Form
Office of Congressman Chet Edwards
The following information is needed for any requested Authorization for the Water
Resources and Development Act of 2010.
Local Corps District Name:
Corps Contact with Phone Number:
City in which project will be carried out (all):
County in which project will be carried out (all):
Project Name:
Project Purpose:
Project Description and Estimated Cost:
Description of benefit that this project will serve:
Non - federal Sponsor:
A letter of support from the non - federal sponsor: