Petition by Sonoma County Water Agency Requesting Approval of a Temporary Urgency Change in Permits in Mendocino and Sonoma County
Summary
SCH Number
2025040641
Public Agency
Sonoma County Water Agency
Document Title
Petition by Sonoma County Water Agency Requesting Approval of a Temporary Urgency Change in Permits in Mendocino and Sonoma County
Document Type
NOE - Notice of Exemption
Received
Posted
4/11/2025
Document Description
Sonoma Water seeks temporary urgency changes to its four water-right permits used to provide wholesale water to cities and water districts in Sonoma and Marin counties. The request includes changes to the hydrologic index as well as modifications to the minimum instream flow requirements which were established by the State Water Board’s Decision 1610. The hydrologic index changes are necessary to ensure that the designated water supply condition and corresponding minimum instream flow requirements in the Russian River watershed are aligned with actual watershed hydrologic conditions, which is essential to maintain sustainable reservoir and river operations protecting municipal water supply and listed salmon species. Additionally, changes to reduce the dry season minimum instream flow requirements are necessary under a Normal water supply condition to comply with the findings of the 2008 Russian River Biological Opinion.
In addition to this warranted change to the hydrologic index to establish an appropriate water supply condition, Sonoma Water requests that under the case of a Normal water supply condition from May 1 through October 15 that the minimum instream flow requirements be modified to comply with the 2008 Russian River Biological Opinion issued by NMFS. Prior to the 15-year term of the Biological Opinion ending in 2023, Sonoma Water and the Corps have been working with NMFS and coordinating with CDFW on a successor Biological Opinion. It is anticipated that the successor Biological Opinion will be released by the middle of the calendar year. To protect listed salmonids while the Biological Opinion is being finalized, Sonoma Water will continue to work with the State Water Board, Corps, NMFS, and CDFW to implement the flows required under the 2008 Russian River Biological Opinion.
Approval of these petitions would provide alternative criteria for determining minimum instream flow requirements for the Russian River that would be based on a more accurate assessment of water supply conditions in the Russian River watershed. This would result in minimum instream flow requirements that more likely can be sustained with releases from Lake Mendocino and Lake Sonoma without severely depleting storage. It is in the public interest to manage these water supplies based on an index that is more reflective of the hydrologic conditions of the Russian River watershed.
During the period that the proposed temporary flow changes are in effect, Sonoma Water will also monitor water quality and fish, and collect and report information and data related to monitoring activities, to be in accordance with NMFS’ 2008 Russian River Biological Opinion.
Contact Information
Name
Connie Barton
Agency Name
Sonoma County Water Agency
Job Title
Senior Environmental Specialist
Contact Types
Lead/Public Agency / Project Applicant
Phone
Location
Cities
unincorporated area
Counties
Mendocino, Sonoma
Regions
Countywide
Other Information
The project will occur in Mendocino and Sonoma counties at Lake Mendocino, in the Upper Russian River from Coyote Valley Dam/Lake Mendocino to the confluence with Dry Creek, and in the Lower Russian River from its confluence with Dry Creek to the Pacific Ocean. Figure 1 shows the minimum instream streamflow requirements for the Russian River system. Communities and cities along the Russian River include Ukiah, Hopland, Cloverdale, Geyserville, Healdsburg, Forestville, Mirabel Park, Rio Nido, Guerneville, Monte Rio, Duncans Mills, and Jenner.
Notice of Exemption
Exempt Status
Categorical Exemption
Type, Section or Code
Section 21080(b)(4), State CEQA Guidelines 15269(c), 15307, 15308, 15301(i).
Reasons for Exemption
The project is statutorily exempt under the California Environmental Quality Act (CEQA) Statute 21080(b)(4) and categorically exempt from CEQA under the State CEQA Guidelines Sections 15269(c), 15307 and 15308, and 15301(i).
A. Actions to Prevent or Mitigate an Emergency
The California Public Resources Code, Division 13, Section 21080(b)(4) provides that specific actions necessary to prevent or mitigate an emergency are exempt from CEQA. The emergency conditions are due to an urgent need to implement the proposed changes as a result of the drastic reduction of potential Eel River water imports through the PVP resulting from the inoperability of the powerhouse for the foreseeable future and PG&E’s decision to keep the spillway gates open atop Scott Dam indefinitely, consequently revising the operations at Lake Pillsbury, and filing a long-term flow regime request to modify flow requirements. The volume of Eel River water that can be transferred to the Russian River is no longer correlated to cumulative inflow into Lake Pillsbury. An evaluation of the hydrologic condition in the Russian River is more appropriately established by conditions in its watershed. Without the proposed changes, the applicable minimum instream flow requirements may require releases of water from Lake Mendocino and Lake Sonoma at levels that would risk significant depletions of storage levels. Such depletions in storage could cause serious impacts to human health and welfare and reduce water supplies needed for fishery protection. The required change is urgent and cannot be accomplished within the timeframe required for completion of the Environmental Impact Report (already in process) that evaluates broader proposed changes to Decision 1610.
B. Actions by Regulatory Agencies for Protection of Natural Resources and the Environment
CEQA Guidelines Sections 15307 and 15308 provide that actions taken by regulatory agencies to assure the maintenance, restoration or enhancement of a natural resource and the environment are categorically exempt from CEQA. Sonoma Water is proposing temporary urgency changes to its water right Permits 12947A, 12949, 12950, and 16596 that the State Water Board, as the regulatory agency, will consider and potentially approve. Those changes are necessary to ensure an accurate evaluation of water supply conditions that would maintain viable operations to support municipal use and protect listed salmon species. Approval of the TUCPs would provide alternative storage thresholds and criteria for determining minimum instream flow requirements for the Russian River that would be based on a more accurate assessment of water supply conditions in the Russian River watershed. This would result in minimum instream flow requirements that more likely can be sustained with releases from Lake Mendocino and Lake Sonoma without the risk of severely depleting storage and potential harm to natural resources and the environment.
Additionally, the proposed changes in Russian River minimum instream flow requirements will increase available rearing habitat in the Upper Russian River and provide a lower, closer to natural inflow to the estuary between late spring and early fall, thereby enhancing the potential for maintaining a seasonal freshwater lagoon that could support increased production of juvenile steelhead. NMFS’ 2008 Russian River Biological Opinion states that these changes are necessary to avoid jeopardizing the continued existence of the listed species.
C. Existing Facilities
Guidelines Section 15301(i) provides, generally, that the operation of existing facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination is categorically exempt from CEQA. Subdivision (i) of Section 15301 specifically includes maintenance of streamflows to protect fish and wildlife resources. Sonoma Water’s petition to the SWRCB to change to the minimum instream flow requirements specified in the 2008 Russian River Biological Opinion does not request and will not expand Sonoma Water’s use or increase the water supply available to Sonoma Water for consumptive purposes. The proposed change in Russian River minimum instream flow requirements still will be within the existing operational parameters established by Decision 1610.
County Clerks
Mendocino, Sonoma
Attachments
Notice of Exemption
Disclaimer: The Governor’s Office of Land Use and Climate Innovation (LCI) accepts no responsibility for the content or accessibility of these documents. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. For more information, please visit LCI’s Accessibility Site.