Mountain House Community Services District (MHCSD)-Contra Costa Water District (CCWD) Pilot Water Storage Project
Summary
SCH Number
2022100087
Public Agency
Contra Costa Water District
Document Title
Mountain House Community Services District (MHCSD)-Contra Costa Water District (CCWD) Pilot Water Storage Project
Document Type
NOE - Notice of Exemption
Received
Posted
10/5/2022
Document Description
Due to extreme drought conditions this year, Mountain House Community Services District (MHCSD), which is served by Byron Bethany Irrigation District (BBID), secured a groundwater transfer from South San Joaquin Irrigation District under a separate agreement, for use if and when BBID supplies were curtailed this summer and fall. MHCSD filed a California Environmental Quality Act Notice of Exemption on this transfer on June 9, 2022. BBID’s water right is projected to be available through the fall, which means that up to 750 acre-feet of MHCSD’s purchased transfer water will be unused in October.
In order to improve management of scarce and valuable water supplies during this drought emergency, Contra Costa Water District (CCWD) and MHCSD have developed a pilot project for CCWD to store MHCSD’s unused transfer water in in Los Vaqueros Reservoir in Fall 2022. CCWD would divert MHCSD’s water supply in October, for delivery to CCWD’s service area in lieu of using previously stored water from Los Vaqueros Reservoir to meet customer demands. CCWD would hold this stored water for MHCSD, to be delivered by BBID to MHCSD in 2023.
With this project, MHCSD’s water would be diverted at CCWD’s Old River and Middle River Intakes in the Delta rather than at BBID’s point of diversion on the Banks intake channel south of Clifton Court Forebay. The Old River and Middle River Intakes are both within 5 river miles of the Clifton Court Forebay intake gates, and all intakes are located in the southern Sacramento-San Joaquin Delta. All of CCWD’s intakes are equipped with state-of-the-art positive barrier fish screens, and operations with the proposed project would occur in accordance with existing permits and contracts governing the use of CCWD’s existing facilities.
Contact Information
Name
Lucinda Shih
Agency Name
Contra Costa Water District
Job Title
Water Resources Manager
Contact Types
Lead/Public Agency
Phone
Email
Location
Cities
Various
Counties
Contra Costa, San Joaquin
Regions
Northern California
Other Location Info
Water diverted at CCWD intakes, stored in Los Vaqueros Reservoir, and used in CCWD and MHCSD service areas (see Figure 1)
Notice of Exemption
Exempt Status
Declared Emergency
Type, Section or Code
Sec. 21080(b)(3); 15269(a)
Reasons for Exemption
The project is exempt from CEQA pursuant to Public Resources Code Section 21080 (b)(3) and CEQA Guidelines Section 15269(a) due to the Declared Emergency. On May 10, 2021, Governor Newsom declared a State of Emergency (Proclamation) to address the severe drought condition in 41 California counties, including Contra Costa and San Joaquin Counties. Government Code section 8571 authorizes the Governor to suspend certain regulatory requirements, including CEQA, under emergency conditions. The Proclamation orders the State “to expeditiously consider requests to move water to areas of need” and suspends CEQA for purposes of carrying out or approving this and other directives. The project will carry out this directive and will prevent or mitigate the impacts of the drought emergency.
As a separate and independent basis for determining the project to be exempt, the project also is statutorily exempt from CEQA pursuant to Public Resources Code section 21080(b)(4) and CEQA Guidelines section 15269(c) because it involves specific actions necessary to prevent or mitigate the drought emergency without increasing the amount of water diverted.
As a separate and independent basis for determining the project to be exempt, the project is also eligible for a Class 1 categorial exemption under CEQA Guidelines Section 15301 for Existing Facilities. Conveyance of the transfer water would occur through existing facilities, would not exceed the normal capacity of those facilities and would not otherwise increase the amount of water diverted. Accordingly, no construction of new or expansion of existing water conveyance facilities is required to facilitate the proposed transfer of water.
As a separate and independent basis for determining the project to be exempt, the project also falls within the “common sense” exemption to CEQA, which applies “the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.” (CEQA Guidelines, § 15061(b)(3).) This exemption applies if “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” (Id.) There will be no new physical construction or alterations to facilities associated with the project. The water will be conveyed through existing facilities and would not exceed their normal capacity and will not otherwise increase the amount of water diverted.
Exempt Status
Emergency Project
Type, Section or Code
Sec. 21080(b)(4); 15269(b)(c)
Reasons for Exemption
The project is exempt from CEQA pursuant to Public Resources Code Section 21080 (b)(3) and CEQA Guidelines Section 15269(a) due to the Declared Emergency. On May 10, 2021, Governor Newsom declared a State of Emergency (Proclamation) to address the severe drought condition in 41 California counties, including Contra Costa and San Joaquin Counties. Government Code section 8571 authorizes the Governor to suspend certain regulatory requirements, including CEQA, under emergency conditions. The Proclamation orders the State “to expeditiously consider requests to move water to areas of need” and suspends CEQA for purposes of carrying out or approving this and other directives. The project will carry out this directive and will prevent or mitigate the impacts of the drought emergency.
As a separate and independent basis for determining the project to be exempt, the project also is statutorily exempt from CEQA pursuant to Public Resources Code section 21080(b)(4) and CEQA Guidelines section 15269(c) because it involves specific actions necessary to prevent or mitigate the drought emergency without increasing the amount of water diverted.
As a separate and independent basis for determining the project to be exempt, the project is also eligible for a Class 1 categorial exemption under CEQA Guidelines Section 15301 for Existing Facilities. Conveyance of the transfer water would occur through existing facilities, would not exceed the normal capacity of those facilities and would not otherwise increase the amount of water diverted. Accordingly, no construction of new or expansion of existing water conveyance facilities is required to facilitate the proposed transfer of water.
As a separate and independent basis for determining the project to be exempt, the project also falls within the “common sense” exemption to CEQA, which applies “the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.” (CEQA Guidelines, § 15061(b)(3).) This exemption applies if “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” (Id.) There will be no new physical construction or alterations to facilities associated with the project. The water will be conveyed through existing facilities and would not exceed their normal capacity and will not otherwise increase the amount of water diverted.
Exempt Status
Categorical Exemption
Type, Section or Code
CEQA Guidelines Section 15301
Reasons for Exemption
The project is exempt from CEQA pursuant to Public Resources Code Section 21080 (b)(3) and CEQA Guidelines Section 15269(a) due to the Declared Emergency. On May 10, 2021, Governor Newsom declared a State of Emergency (Proclamation) to address the severe drought condition in 41 California counties, including Contra Costa and San Joaquin Counties. Government Code section 8571 authorizes the Governor to suspend certain regulatory requirements, including CEQA, under emergency conditions. The Proclamation orders the State “to expeditiously consider requests to move water to areas of need” and suspends CEQA for purposes of carrying out or approving this and other directives. The project will carry out this directive and will prevent or mitigate the impacts of the drought emergency.
As a separate and independent basis for determining the project to be exempt, the project also is statutorily exempt from CEQA pursuant to Public Resources Code section 21080(b)(4) and CEQA Guidelines section 15269(c) because it involves specific actions necessary to prevent or mitigate the drought emergency without increasing the amount of water diverted.
As a separate and independent basis for determining the project to be exempt, the project is also eligible for a Class 1 categorial exemption under CEQA Guidelines Section 15301 for Existing Facilities. Conveyance of the transfer water would occur through existing facilities, would not exceed the normal capacity of those facilities and would not otherwise increase the amount of water diverted. Accordingly, no construction of new or expansion of existing water conveyance facilities is required to facilitate the proposed transfer of water.
As a separate and independent basis for determining the project to be exempt, the project also falls within the “common sense” exemption to CEQA, which applies “the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.” (CEQA Guidelines, § 15061(b)(3).) This exemption applies if “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” (Id.) There will be no new physical construction or alterations to facilities associated with the project. The water will be conveyed through existing facilities and would not exceed their normal capacity and will not otherwise increase the amount of water diverted.
Exempt Status
Statutory Exemption
Type, Section or Code
CEQA Guidelines Section 15061(b)(3)
Reasons for Exemption
The project is exempt from CEQA pursuant to Public Resources Code Section 21080 (b)(3) and CEQA Guidelines Section 15269(a) due to the Declared Emergency. On May 10, 2021, Governor Newsom declared a State of Emergency (Proclamation) to address the severe drought condition in 41 California counties, including Contra Costa and San Joaquin Counties. Government Code section 8571 authorizes the Governor to suspend certain regulatory requirements, including CEQA, under emergency conditions. The Proclamation orders the State “to expeditiously consider requests to move water to areas of need” and suspends CEQA for purposes of carrying out or approving this and other directives. The project will carry out this directive and will prevent or mitigate the impacts of the drought emergency.
As a separate and independent basis for determining the project to be exempt, the project also is statutorily exempt from CEQA pursuant to Public Resources Code section 21080(b)(4) and CEQA Guidelines section 15269(c) because it involves specific actions necessary to prevent or mitigate the drought emergency without increasing the amount of water diverted.
As a separate and independent basis for determining the project to be exempt, the project is also eligible for a Class 1 categorial exemption under CEQA Guidelines Section 15301 for Existing Facilities. Conveyance of the transfer water would occur through existing facilities, would not exceed the normal capacity of those facilities and would not otherwise increase the amount of water diverted. Accordingly, no construction of new or expansion of existing water conveyance facilities is required to facilitate the proposed transfer of water.
As a separate and independent basis for determining the project to be exempt, the project also falls within the “common sense” exemption to CEQA, which applies “the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.” (CEQA Guidelines, § 15061(b)(3).) This exemption applies if “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” (Id.) There will be no new physical construction or alterations to facilities associated with the project. The water will be conveyed through existing facilities and would not exceed their normal capacity and will not otherwise increase the amount of water diverted.
County Clerks
Contra Costa, San Joaquin
Attachments
Notice of Exemption
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