Amendment #1 to Assumption, Amendment and Restated Agreement – between the County of Riverside and Blythe Energy INC., a corporation governed pursuant to the la
Summary
SCH Number
2025050998
Public Agency
Riverside County
Document Title
Amendment #1 to Assumption, Amendment and Restated Agreement – between the County of Riverside and Blythe Energy INC., a corporation governed pursuant to the la
Document Type
NOE - Notice of Exemption
Received
Posted
5/22/2025
Document Description
On November 30, 2010, the Riverside County Board of Supervisors,
under Minute Order 3.69, approved the Assumption, Amendment, and Restated Agreement (“Agreement”) between the County of Riverside (“County”) and Blythe Energy, Inc. (formerly known as Blythe Energy, LLC) (“Blythe Energy”). This Agreement grants Blythe Energy long-term irrigation rights. Blythe Energy operates a natural gas-fired combined-cycle power plant, capable of producing approximately 493 Megawatts (“Power Plant”), located on privately owned land adjacent to the Blythe Airport. To support the operation of the Power Plant, Blythe Energy constructed three wells on this property to provide necessary pumping capacity, redundancy for
system cooling, steam generation, maintenance, and potable water.
Due to the potential for groundwater pumping to intersect the Colorado River Accounting Surface, as defined by the Bureau of Reclamation (“Bureau”), the Bureau has determined that Blythe Energy’s groundwater use must be accounted for under the Palo Verde Irrigation District’s (“PVID”) priority 3 entitlement to Colorado River surface water. To mitigate any potential negative impact on PVID, Blythe Energy voluntarily entered into a water conservation offset program with PVID and secured rights to irrigation water for approximately 652 acres of land within the Palo Verde Mesa and PVID boundaries, which includes the Blythe Airport property.
Pursuant to the Agreement, the County established long-term land use restrictions on
approximately 652 acres of previously irrigated Blythe Airport lands, prohibiting agricultural irrigation and other water-intensive uses, such as water parks and golf courses.
The term of the Agreement is set to expire on December 31, 2025, and Blythe Energy has requested to extend the long-term irrigation rights by an additional 25-years. The attached Amendment #1 to Assumption, Amendment and Restated Agreement (“Amendment”) will provide Blythe Energy with the extension. Through the Amendment, the expiration date will now be December 31, 2050. In consideration for the extension, Blythe Energy has agreed to increase their annual payment from
$44,000 per year to $80,000 per year, and will commence with the July 1, 2025 payment. All other terms of the Agreement will remain in full force and affect.
The approval of the Amendment has been identified as a proposed project under the California Environmental Quality Act (CEQA) because a discretionary action by the Riverside County Board of Supervisors is required for approval. Approval of the Amendment will not change the existing use of the Blythe Airport and is merely a restriction on intensive irrigation rights, which will not result in any significant environmental impacts or include any mitigation measures.
Contact Information
Name
Jose Ruiz
Agency Name
Riverside County TLMA - Aviation Department
Job Title
Supervising Development Specialist
Contact Types
Lead/Public Agency
Phone
Email
Location
Cities
Blythe
Counties
Riverside
Regions
Southern California
Parcel #
818-180-022, 821- 080-040, 821-080-041, 821-110-002, and 821-110-007
Other Location Info
17240 W Hobson Way, Blythe, California 92225, APN: 818-180-022, 821-
080-040, 821-080-041, 821-110-002, and 821-110-007.
Notice of Exemption
Exempt Status
Categorical Exemption
Type, Section or Code
15301
Reasons for Exemption
The proposed project is categorically exempt from the
provisions of CEQA specifically by the State CEQA Guidelines as identified below. The project will not result in any specific or general exceptions to the use of the categorical exemption as detailed under State CEQA Guidelines Section 15300.2. The project will not cause an impact to an environmental resource of hazardous or critical concern, nor would the project involve unusual circumstances that could potentially have a significant effect on the environment. The project is limited to irrigation restrictions and does not include a new development or improvements to the property. Furthermore, this project would not result in any physical direct or reasonably foreseeable indirect impacts to the environment.
This Class 1 categorical exemption includes the operation, repair, maintenance, leasing, or minor alteration of existing public or private structures or facilities, provided the exemption only involves negligible or no expansion of the previous site’s use. The project, as proposed, is limited to the approval of an Amendment to an Assumption, Amendment, and Restated Agreement. The approval of the Amendment will result in the same purpose and substantially similar capacity on the existing facilities at the airport and would be consistent with the existing land use and contractual requirements for the use of the site. Therefore, the project is exempt as it meets the scope and intent of the Categorical Exemption identified in Section 15301, Article 19,
Categorical Exemptions of the CEQA Guidelines.
Exempt Status
Other
Type, Section or Code
15061(b)(3)
Reasons for Exemption
The proposed project is categorically exempt from the
provisions of CEQA specifically by the State CEQA Guidelines as identified below. The project will not result in any specific or general exceptions to the use of the categorical exemption as detailed under State CEQA Guidelines Section 15300.2. The project will not cause an impact to an environmental resource of hazardous or critical concern, nor would the project involve unusual circumstances that could potentially have a significant effect on the environment. The project is limited to irrigation restrictions and does not include a new development or improvements to the property. Furthermore, this project would not result in any physical direct or reasonably foreseeable indirect impacts to the environment.
In accordance with CEQA, the use of the Common Sense Exemption is based on the “general rule that CEQA applies only to
projects which have the potential for causing a significant effect on the environment.” State CEQA Guidelines, Section 15061(b) (3). The use of this exemption is appropriate 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.” Ibid. This determination is an issue of fact and if sufficient evidence exists in the record that the activity cannot have a significant effect on the environment, then the exemption applies and no further evaluation under CEQA is required. See No Oil, Inc. v. City of Los Angeles (1974) 13 Cal. 3d 68. The ruling in this case stated that if a project falls within a category exempt by administrative regulation or 'it can be seen with certainty that the activity in question will not have a significant effect on the environment', no further agency evaluation is required. With certainty, there is no possibility that the project may have a significant effect on the environment. Approval of the Amendment is an administrative function, that is required as part of the terms, and would result in the continued operation of the Blythe Airport. No significant direct or indirect environmental impacts would occur. Therefore, in no way, would the project as proposed have the potential to cause a significant environmental impact and the project is exempt from further CEQA analysis.
County Clerk
Riverside
Attachments
Notice of Exemption
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