On April 21st, the South Yuba River Citizen’s League and Yuba County Water Agency joined 15 state and federal agencies, local irrigation districts and environmental groups in announcing a proposed framework for settlement of litigation over instream flow requirements for the Lower Yuba River. Our framework for settlement is part of a larger Proposed Lower Yuba River Accord (Yuba Accord).
The Yuba Accord’s development is a dramatic turnaround for our two organizations and all of the others. For nearly 15 years many of us argued about the Yuba River, and the use of its waters, in State proceedings and in court. The result, or lack of a constructive result pleased no one. Now, we’re moving forward with a positive settlement proposal that will benefit our real interests. It really is remarkable what is possible when we work together..
We don’t think it’s an exaggeration to say this proposed approach is innovative. Once implemented, the Yuba Accord will improve salmon and steelhead habitat in the lower Yuba River, reaffirm water rights for YCWA and local farmers, and will even provide a supplemental water supply in dry years for other cities and farms. All of these benefits are possible because the Yuba Accord includes three separate but interrelated agreements; a fisheries agreement, a water purchase agreement and conjunctive use agreements.
As announced last week, the fisheries agreement calls for YCWA to enhance habitat in the Lower Yuba River for the Yuba’s wild, Chinook salmon and steelhead. We’ll accomplish this goal by reoperating New Bullards Bar Reservoir so we can provide higher instream flows in the river, particularly during the hot summer and fall months. These new requirements are substantial, ranging from 260,000 acre-feet in a dry year to more than 574,000 acre-feet in a wet year; an increase of 25,000 acre-feet in a dry year to more than 170,000 acre-feet in a wet year over what is required now. We’re also committed to a $6 million fisheries monitoring, studies and restoration program. By learning more about the Yuba’s salmon and steelhead, we’ll all become better stewards of the resources they need to thrive. Finally, in a separate but related agreement between YCWA and the Department of Fish and Game, an effort will begin that is designed to result in construction of a new fish screen for the South Canal diversion facility.
Another element of the proposed Yuba Accord is the water purchase agreement. Under this agreement, YCWA will provide a minimum of 60,000 acre-feet of water annually to the Department of Water Resources (DWR) for Calfed’s Environmental Water Account (EWA). State and federal agencies use the EWA to protect threatened and endangered fisheries in the Bay-Delta ecosystem. The water purchase agreement also calls for YCWA, under certain conditions, to transfer surface water supplies to DWR and to the U.S. Bureau of Reclamation (Reclamation). The revenue from these transfers will enable YCWA to finance activities called for in the Yuba Accord, and other critically needed measures in Yuba County such as strengthening flood control levees.
To meet these higher flow requirements, YCWA and seven of its local irrigation districts and mutual water companies will implement a comprehensive conjunctive use program. This responsible program will allow YCWA and irrigation districts to better integrate the operations of New Bullards Bar Reservoir with groundwater supplies. Under certain conditions, some local farmers may transfer their surface water supplies and irrigate their crops with groundwater. To protect local groundwater, the program will be carefully managed and consistent with YCWA’s Groundwater Management Plan. To protect air quality, certain diesel groundwater pump motors will be converted to cleaner, more efficient electric motors.
Those who followed this controversial drama through its public debate, court battles and state and federal proceedings, know that our progress was limited. Frustrated by that experience and convinced that we could accomplish more by collaborating with one another, we initiated an interest-based negotiation process. Interest-based because we focused on our “interests” and not the historic “position’s” we often relied upon to define our point of view. There is a real difference between the two. Free of the arguments that previously limited us, we learned it was possible to protect the Yuba’s salmon and steelhead while also protecting local water rights and water supplies. We believe we have a framework for success.
We’re referring to the Yuba Accord as “proposed” because under California and federal law, agreements of this nature must be thoroughly evaluated for their potential environmental benefits and risks. Many of the parties to the proposed Accord will now be involved in that process which is scheduled to begin immediately. Public input will be encouraged and valued.
There are others that deserve credit for this constructive solution. They include representatives from the Departments of Fish and Game and Water Resources; U.S. Fish and Wildlife Service; NOAA Fisheries and Reclamation. Friends of the River, Trout Unlimited, and The Bay Institute were instrumental in drafting the fisheries agreement. And the local irrigation districts contributed mightily to the conjunctive use agreements; Brophy Water District, Browns Valley Irrigation District, Dry Creek Mutual Water Company, Hallwood Irrigation Company, Ramirez Water District, South Yuba Water District, and Wheatland Water District.
As Ryan Broddrick, the Department of Fish and Game Director said to us last week, the Yuba Accord is an example of collaboration among people who care about natural resources and are committed to protect them. We agree. In this case it will be to the benefit of the Yuba’s wild salmon and steelhead, local farmers and the region itself.
For more information, please refer to the following documents:
Proposed Lower Yuba River Accord Booklet
Proposed Lower Yuba River Accord Frequently Asked Questions
Proposed Lower Yuba River Accord Fisheries Agreement Technical Brief
Proposed Lower Yuba River Accord Conjunctive Use Agreements Technical Brief
Proposed Lower Yuba River Accord Water Purchase Agreement Technical Brief
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