May 2018 NEWSLETTER

NRWMAC’S PETITIONS of these uses as carrying any more or any less The Monterey County Water Resources weight than any other use. Yet it is now, and Agency (MCWRA) is releasing water from Lake always has been, the recreational component Nacimiento at an unprecedented rate. To that sufers due to MCWRA’s mismanagement. understand just how much water is being sent Although NRWMAC has been fghting to down the river, follow this link to the stream maintain the lake level at g48 feet above mean gauge monitor maintained by the United sea level (MSL), MCWRA is determined to States Geological Survey (USGS) at the base of lower it to g30 feet MSL, at which level lake the dam at Reservoir: activity is adversely impacted. As a The full USGS website link - consequence, NRWMAC has retained a water https://waterdata.usgs.gov/ca/nwis/uv/t rights attorney to ejamine any and all legal site_no=11149400&PARAmeter_cd=00065,00 options to pursue against MCWRA, including 060 an immediate cessation of the massive and ( Alternate: https://tinyurl.com/yanggojj ) unreasonable water releases. NRWMAC is setting up a GoFundMe page to help fnance The data presented on the USGS website is attorney fees and will shortly announce when generally more reliable than that which and how donations can be made. MCWRA publishes on their website: http://www.co.monterey.ca.us/home/showdo RANGERS AND THE LAKE cumenttid=22189 With the water levels dropping it is more important than ever to bring Park Rangers back On April 26, 2018, NRWMAC served MCWRA to the lake in numbers sufficient to maintain with a petition, signed by 6,000 plus citiiens, center-line buoys and mark shallow water demanding the release be curtailed. MCWRA hazards (in addition to apprehending appears to be disregarding the will of the intoxicated boaters, issuing tickets for invasive mussel violations, preventing crime, and people who signed the petition inasmuch as it handling emergencies). If you haven’t done so continues the water release unabated. By already, please sign the other petition at: http:// doing so, MCWRA is perpetuating the myth nrwmac.org/save-the-dragon/park-ranger- that Monterey County, and more specifcally, staffing-at-lake-nacimiento-petition/ This the farmers in the , “own” the petition will be served on the Monterey County water in the reservoir. First, this is not true: Board of Supervisors in approximately mid- under the Constitution, the water in June, 2018. any reservoir in this state, belongs to the people of this state.[1] Second, MCWRA’s MUSSEL PREVENTION operating license from the California State NRWMAC continues to support the Lake Water Resources Agency enumerates the Nacimiento Mussel Prevention program in various uses for the water it manages, which conjunction with SLO County. NRWMAC and are “ . . . for irrigation, domestic, municipal, SLO County team-teach the Level I Mussel industrial, and recreational uses.” The Screener and Re-Certification Programs, as operating license does not distinguish any one well as the Resident Vessel Program. NRWMAC at RES OPS MEETINGS to do even more work on the Nacimiento At the April MCWRA/Reservoir Operations Reservoir dam, as there “might” be issues with Committee meeting in Salinas, attended by the slab thickness, which doesn’t meet current Steve Blois, a NRWMAC Director, the following design standards and lacks the required information was discussed: amount of reinforcing steel.

Spillways: The spillway “underdrains” at Lake Road Maintenance: Monterey County is San Antonio are blocked, which will cause responsible for road maintenance (including uplif and tear the structure apart if they are paving, signs, guard rails, etc.) for one mile on ever used again. (Note that plugged drains either side of the centerline of the dam. were the main cause of the Oroville spillway Monterey County does not have any money failure.) Additionally, the spillway’s concrete is for this, either, and has suggested, quite leaching, causing deterioration. MCWRA will seriously, that it is considering charging a toll have to cut into the spillway to determine how to fund this work. to unclog these drains, if it can. The estimates to proceed on this are in the several-million- Quagga Mussels: MCWRA is getting a “Quagga dollar range - money which Monterey County dog” to snif out invasive mussels on does not have. MCWRA alleges that the watercraf intending to launch on Lake County of San Luis Obispo will be responsible Nacimiento. It also took down the invasive for up to 40% of this cost. mussel warning sign on the 101 Freeway in order to use the rental money to acquire more MCWRA’s consultant has completed spillway warning signs at the lake. reports for both dams as required by the California Department of Water Release Schedules: At the meeting, Director Resources/Division of Safety of Dams (DSOD). Blois indicated that MCWRA’s release Neither report has been accepted yet. The schedules had been wrong for the previous 3 Lake San Antonio spillway has entire concrete months. His point was disregarded. Moreover, slabs that will need to be replaced. MCWRA intends to continue conservation releases thru mid-September of 2018. MCWRA has already performed $200,000 worth of work on the Lake Nacimiento Tunnel Report: MCWRA is looking at spillway, and is mostly done, although it has alternative designs for the Lake San Antonio still not received inspection approval from the spillway, and is re-visiting all of their Federal Energy Regulatory Commission (FERC). preliminary modeling work. Its consultant is Approval by this federal agency is required re-doing the baseline study to see if it matches because of the hydroelectric plant. The with MCWRA’s previous consultant’s work. A hydroelectric plant itself had to be repaired in baseline needs to be established before April due to cavitation, and was out of service MCWRA can model the efects of various for four weeks because of a failed switch. tunnel confgurations. When completed, the Ironically, this switch had to be obtained on E- modeling work and back-up data will be made Bay, as it is no longer available from the available for public review. MCWRA has supplier. There is a chance MCWRA will have preliminary soils data from the geotechnical testing it has done, which is not as good as what was hoped for, but MCWRA believes it before the lake declines to a level that will present no problems. MCWRA continues adversely afects recreation and desirability, to work to try to resolve the white bass issue, but it’s going to take litigation funding support and is considering 5 mm screens for the tunnel from all lake property owners and users. invert. Finally, the Lake raise will require a much beefer spillway, and may Please look for NRWMAC’s announcement of require a complete replacement. the GoFundMe campaign, as mentioned above, and then donate. And please circulate Lake recreation: Monterey County is battling this newsletter to everyone you know. low lake level perceptions with advertisingg the resort is busier this year than last, but this is For more information and updates, please go not ejpected to continue. Whether it actually to our website, www.NRWMAC.org believes it or not, MCWRA states that all launch ramps remain in the water down to g30 THANK YOU FOR YOUR SUPPORT feet MSL, “so recreation shouldn’t be afected We wish to thank everyone that supports all that much.” NRWMAC Director Blois NRWMAC, and over the nejt few weeks and vigorously refuted this assertion, and months we will be sending out emails asking reminded MCWRA that NRWMAC has been for more help. NRWMAC needs volunteers to arguing for years that ramps are in the mud at help with sign-ups, handouts, t-shirt sales, and g30 feet MSL, and that the recreation level of help at functions and events. the lake must remain at g48 feet MSL. You can help the efort by donating time, SLO: A new developer adjacent to Oak Shores dollars, purchasing merchandise or signing up (Tr. 2182) is presenting an environmental for events at www.nrwmac.org/get-involved impact report (EIR) on 5/18/18, with a public hearing to be held sometime in September. The developer will be required to upgrade the [1] California Constitution, Article 10, section 2: ejisting Oak Shores’ sewer system and move It is hereby declared that because of the conditions the spray feld approjimately 1½ miles to the prevailing in this State the general welfare requires that north. the water resources of the State be put to benefcial use to the fullest ejtent of which they are capable, and that HELP NRWMAC SAVE THE the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation DRAGON of such waters is to be ejercised with a view to the “Save The Dragon” is not simply a turn of reasonable and benefcial use thereof in the interest of phraseg it’s a fervent plea for help. Lake the people and for the public welfare. The right to water Nacimiento is not going to save itself from or to the use or fow of water in or from any natural MCWRA’s mismanagement. Without a court’s stream or water course in this State is and shall be limited to such water as shall be reasonably required for intervention, MCWRA is not going to realiie the benefcial use to be served, and such right does not the error of its profigate ways and turn of the and shall not ejtend to the waste or unreasonable use drain spigot all by itself. NRWMAC has a real or unreasonable method of use or unreasonable opportunity to correct this dire situation method of diversion of water.