CARMEL J. ANGELO CONTACT INFORMATION Chief Executive Officer 501 Low Gap Road • Room 1010 Clerk of the Board Ukiah, 95482 TELEPHONE: (707) 463-4221

FAX: (707) 463-7237 Email: [email protected] COUNTY OF MENDOCINO Web: www.co.mendocino.ca.us/bos BOARD OF SUPERVISORS

July 22, 2014

Ms. Felicia Marcus, Chair California State Water Resources Control Board P.O. Box 100 Sacramento, CA 95812-0100

Re: Drought Emergency Action to Stop Water Wasting from through Coyote Valley Dam Releases

Dear Chair Marcus:

The Mendocino County Board of Supervisors is deeply concerned that Lake Mendocino will be de-watered by Fall of this year. The large amount of water now being released is a result of the Sonoma County Water Agency (SCWA) deciding not to renew a Temporary Urgency Change Petition (TUCP) filed with the State Water Resources Control Board earlier this year and which expired on June 30, 2014. Because of cumulative inflow to Lake Pillsbury, an entirely separate body of water from Lake Mendocino and as dictated under Decision 1610, Lake Mendocino is currently being operated under “Dry” water supply conditions. This means releases of up to 150 CFS each day from Lake Mendocino despite the extreme drought our County and the rest of California is facing.

The Mendocino County Drought Ad Hoc Committee discussed this issue with your Water Rights Division staff during a conference call on July 2. Staff indicated that only SCWA could process a TUCP to prevent significant depletions of storage in Lake Mendocino. They recommended the Russian River Flood Control District and/or the County of Mendocino to communicate with Sonoma County urging a refilling of the TUCP.

Russian River Flood Control District has communicated with the SCWA that such depletions in storage in Lake Mendocino would cause serious impacts to human health and welfare along with needed flows for fishery protection in the Upper Russian River watershed if the current volume being released continues. There has been no response.

Mendocino was the first County to declare a drought emergency in the State and immediately engaged with local water managers for mandatory water conservation. The State later declared a Drought Emergency under the Governor’s Executive Order Authority to adopt emergency regulations. The SWRCB has curtailed junior water right holders in the upper Russian River along with directing enforcement staff to do comprehensive inspections on all who have been curtailed. These inspections are taking place now, but as yet no inquiries or inspection of conditions at Lake Mendocino has occurred since the TUCP was allowed to expire. The water impounded in this reservoir is the sole water supply for all communities in the Upper Russian River watershed above the confluence of Dry Creek where Lake Sonoma releases provide instream flows to the lower Russian River.

THE BOARD OF SUPERVISORS

CARRE BROWN JOHN MCCOWEN JOHN PINCHES DAN GJERDE DAN HAMBURG First District Second District Third District Fourth District Fifth District

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The State Drought Task Force came to Mendocino County in February 2014. You visited Lake Mendocino as a member of the Task Force and stood on Coyote Valley Dam to view just how empty it was. Frightening, was it not, given it is the sole water source for residents and the watershed? This was a result of the winter control of the dam releases by the US Army Corps of Engineers (USACE) who operate under an outdated 1959 operations manual. Said manual they so stringently follow does not require checking the weather forecast or updating the antiquated rule curve that governs releases.

In January of 2013, USACE released 25,000 acre feet from Lake Mendocino with no rain in the forecast. The Army Corps through many such situations has told us it would take an act of Congress to change their manual of operation and until that happened they would continue to operate under the 1959 procedures. I know you witnessed their defense of this action and their strong opposition to changing how dams are operated through the FORECAST Act recently authored by US Representative Jared Huffman.

With the historic drought we are experiencing today, we are asking for the SWRCB’s intervention with respect to the present water releases under your oversight and control. We base our request on the newly adopted emergency regulations to prevent wasteful water practices by users and water agencies throughout the State. Mendocino County is asking for your immediate action on this critical matter.

Sincerely,

John Pinches, Chair Mendocino County Board of Supervisors

CC: Russian River Flood Control Sonoma County Water Agency Board of Directors Grant Davis, Sonoma County Water Agency General Manager Mendocino County Inland Water and Power Commission Assemblymember Wes Chesbro Senator Noreen Evans Secretary of Resources John Laird State Drought Task Force U.S. Army Corps of Engineers