Yuba County Water Agency One-Year Water Transfer to Contra Costa Water District

Summary

SCH Number
2023070664
Public Agency
Contra Costa Water District
Document Title
Yuba County Water Agency One-Year Water Transfer to Contra Costa Water District
Document Type
NOE - Notice of Exemption
Received
Posted
7/31/2023
Document Description
YCWA will transfer up to 5,000 acre-feet of water to CCWD between August 1 and December 20, 2023. In response to the extreme drought conditions in 2021 and 2022, YCWA, CCWD and East Bay Municipal Utility District (EBMUD) entered into an agreement under which CCWD, or EBMUD, or both, could divert water made available for transfer by YCWA under the Lower Yuba River Accord (Yuba Accord) and State Water Resources Control Board Corrected Order WR 2008-0014. Due to the improved hydrologic conditions and water supply situation this year, EBMUD has opted not to purchase transfer water from YCWA this year. On December 21, 2022, the State Water Resources Control Board approved a temporary change petition to add CCWD’s intakes as points of rediversion on YCWA’s water rights, which allows CCWD to divert the transfer water from YCWA using CCWD’s existing Rock Slough, Old River, and/or Middle River Intakes. The transfer water will be used within the authorized place of use for Yuba Accord transfer water, which includes the service areas of the Central Valley Project (CVP) and the State Water Project. CCWD’s service area is within the CVP service area. Transfer water will be diverted by CCWD to store in its Los Vaqueros Reservoir and will be used as a supplemental water supply in future dry years to mitigate for anticipated water-supply shortages in CCWD’s service area and/or by exchange or wheeling arrangements with one or more of the Bay Area Regional Reliability Project agencies, including Alameda County Water District, that are within the authorized place of use for Yuba Accord transfer water.

Contact Information

Name
Lucinda Shih
Agency Name
Contra Costa Water District
Job Title
Water Resources Manager
Contact Types
Lead/Public Agency / Project Applicant / Parties Undertaking Project

Location

Cities
Various
Counties
Contra Costa, Yuba
Regions
Northern California
Other Location Info
CCWD service area would receive water originating from YCWA

Notice of Exemption

Exempt Status
Categorical Exemption
Type, Section or Code
CEQA Guidelines Section 15301, Use of Existing Facilities
Reasons for Exemption
The project is exempt from CEQA because it is 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 and would not exceed the normal capacity of those facilities. 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 is also statutorily exempt from CEQA pursuant to Water Code section 1729 and CEQA Guidelines section 15282(u) because it is a temporary change of point of diversion involving a transfer of water for a period of one year or less through existing facilities. 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 will not exceed their normal capacity.

Exempt Status
Statutory Exemption
Type, Section or Code
State code number: Water Code section 1729, Temporary Change; CEQA Guidelines Section 15282(u)
Reasons for Exemption
The project is exempt from CEQA because it is 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 and would not exceed the normal capacity of those facilities. 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 is also statutorily exempt from CEQA pursuant to Water Code section 1729 and CEQA Guidelines section 15282(u) because it is a temporary change of point of diversion involving a transfer of water for a period of one year or less through existing facilities. 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 will not exceed their normal capacity.
County Clerks
Contra Costa, Yuba

Attachments

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