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Upper American River Foundation

Middle Fork American River Group

 RERC Relicensing

8/4/2010 MFAR Update on FERC Relicensing
Update by Bill Carnazzo

This is meant to be a final (sort of) update, at least until the current hiatus in the proceedings ends. Our last flow negotiation meeting was held on July 20th. The tone was very positive, and everyone felt that the process had been fair, open, and characterized by flexibility. The consultants did an outstanding job overall on the studies, and explaining the metrics in the meetings.

 

PCWA and its consultants are now busy preparing the Draft License Application, with the goal of filing it in October. I believe we will see it before it is filed, so that we can have some final input. We don't know what PCWA will propose, but we do expect flow proposals in the DLA to be similar to the structure that we have discussed and winnowed down. The DLA, with all of its attachments and exhibits, will be a huge document. I have requested a hard copy, as have others. Once it is out, we have the opportunity for further comment and negotiation for a 90 day period.

 

For now, we have done all that we can and I believe that our efforts will pay dividends for the fisheries of the MFA. If things change before the DLA is out, I will notify everyone. For now we are in a holding pattern.

 

7/14/2010 MFAR Update on FERC Relicensing
Update by Bill Carnazzo

We are at the end of the negotiation phase (one remaining flow discussion day), and PCWA is rapidly approaching its deadline for submission of the Draft License Application ("DLA"). While the negotiations have been tedious, the interest-based process has been generally good and has worked well for us. In this context, it is a far better process than the traditional, somewhat adversarial "proposal/counterproposal" (ad nauseam) procedure. Contrary to what all of us had expected, the bypass reaches took up almost all of the time allocated for negotiations; in fact, we tackled the peaking reach for the first time today. Looking back I now understand why that is the case: Virtually all of the "generation cost" to the system with the new minimum flows and other flow-related issues, is associated with the bypass reaches. The reason for that is that the two main powerhouses are on the bypass reaches, so when water that would otherwise be used to generate power (especially during peak demand periods) is taken out of the system to satisfy MIF requirements, generation revenue is diminished. In other words, upstream water is very costly to the system. The amount of power generated at the Oxbow powerhouse (located at the dam), on the other hand, is miniscule compared to what the two main powerhouses put out. While we are not at liberty to disclose the generation loss numbers (at least at this point), suffice it to say that it will be significant under the new bypass reach MIFs. The model that has analyzed our flow proposals, as well as those put forth by the agencies, has assigned specific generation loss numbers for each reach.

 

We do not know for sure, at this point, what specific flows PCWA will be including in the DLA for the bypass reaches, but I believe that they will come very close to meeting our proposals. I say this because the generation loss associated with our flows is very close to the number that PCWA has given us as their "comfort point."

 

While I have identified the "bypass reaches" for you in previous reports, it would be well to reiterate them--so here they are:

    Duncan Creek, tributary to the Middle Fork American ("MFA") below French Meadows Res. ("FM")

    North Fork, South Fork, and main stem of Long Canyon Creek (three separate reaches)

    MFA below FM

    MFA below Interbay powerhouse

    Rubicon River

 

The bottom line is that we have accomplished a lot of what we set out to do for fish flows in this relicensing proceeding. Keep in mind that flows depend on the water year types, of which there are five: Critically Dry, Dry, Below Normal, Above Normal, and Wet. The flow regimes differ for each water year type. Historically, 50+% of years are either Wet or Above Normal types. Now for some specifics--or at least as specific as I can get at this point, because the exact numbers are both confidential at this point and still somewhat indeterminate. It is my understanding that once the DLA is filed with FERC, it is a public document so the flow numbers will be public information at that point and we will be able to provide more specifics.

 

For Duncan Creek, and the various reaches of Long Canyon Creek, we have achieved significant increases in spring/early summer flows and have a committment from PCWA to stop diverting water earlier so as to provide these flows during the critical spawning/rearing time for rainbows. The biggest problem will be late summer/early fall flows because during that time the amount of water available under the natural hydrograph is small and there is no storage at the diversion facilities, which are "passive" in nature. The additional water will help with fry survival, and with BMI production. An additional benefit for these streams will occur with post-license modifications to the dams which will allow downstream migration of young fish and help with the fish entrainment problem that occurs at these facilities.

 

For the Middle Fork American (MFA) below French Meadows, there will be significantly more water for fish and BMI production in this reach, which is very difficult to access but holds some nice fish. Here we were able to get some additional summer water because there is storage at FM to draw from. Regarding the MFA below Interbay, we will also have more water for spring and early summer. We were a bit constrained here because there are some Foothill Yellow Legged Frogs ("FYLF")  in the lower section of this reach. FYLFs are a "species of concern" so the agencies are required to advocate for their protection. The rub is that FYLF thrive on warmer water, and more water means cooler water. So, it's one of those cases of "frogs vs. fish." The trouble here is that there is very little science to prove that temperature is the driver on FYLF reproduction cycles; it could be driven also by altitude and other factors unrelated to flows. But notwithstanding this problem we did achieve significant benefits for trout.

 

The Rubicon took a long time to sort out, mainly because of two factors: boating interests (non-commercial) and the existence of a good population in the lower 3 miles of the river above Oxbow Res. The bottom line is that we will have more water for fish, but accomodations for both of the other interests have to be made. PCWA is working on a flow regime that will address most of the interests--a tough job, but their consultants are excellent and we believe we will have won significant benefits for fish in the final analysis. More on this following the DLA.

 

Regarding the "peaking reach" (the MFA below Oxbow), we are still working on the issues. Here there are numerous competing interests and there are strong advocates for all interests. Julie Leimbach prepared a very thorough proposal for modeling that addresses all of the interests; when it has been put through the model we will know where the main pinch points will be, and where accomodations will have to be made. Yesterday's session, which was devoted to the peaking reach, went well. Julie's proposal received a lot of discussion, mostly about what they call the "mass balance" of the entire system, under various flow regimes. There is still some resistance on the part of PCWA to increase the outage period (a maintenance period of 30 days in the fall, normally October)  flows because, in their words, they would be using up a lot of water with no generation to show for it. Aside from that, I think they may be OK with the higher minimum flows set out in the proposal. They are also on board with the single daily peak concept and our need to have angling flows in the afternoon and evening. Overall, I think we are in good shape. Craig Adderly, the science consultant, predicted that the proposal might might "break" but if that is actually the case when the modeling results are in, they will offer some alternatives to make the proposal more workable. They said the results should be available for the meeting on the 20th (our last flow meeting).

 

Much remains to be done after the DLA is filed--more negotiations and discussion of interests and how they are affected. 


6/5/2010 MFAR Update on FERC Relicensing
Update by Bill Carnazzoo

On May 27th we had another of our series of flow discussions (negotiations, sort of), again focusing on the bypass reaches. I believe that we are getting quite close to consensus on the small bypass reaches (N. and S. Forks Long Canyon Creek; Duncan Creek). On the "larger" bypass reaches we still have a few issues. I think we are close on the Middle Fork reaches below French Meadows and Interbay, but there remain a few tricky issues on the Rubicon. I discuss those issues below. The intent is to wind up bypass reach negotiations on or before June 14th. We also had our MFA working group meeting this last Thursday (June 3), the first half of which was a very informative primer on how the model operates; the second half was our regular working group meeting. Our next flow meeting will be on Monday, June 7th.

 

Our discussions began with the consultant's report on the results of modelling scenarios 9 and 10. Scenario 9 was a revised agency run, showing changes to their bypass reach flow ideas. Scenario 10 was our (i.e., the Foothill Angler Group's) proposal for all of the bypass reaches. The bottom line was that the agencies adopted our numbers for all reaches except for the MFA below French Meadows, and for certain times of the year in the Rubicon. On the latter stream, we had somewhat lower flows during the spawning time frame, and higher flows during the summer months. I will explain the reasons for our flow numbers later. The power generation loss metric for runs 9 and 10 was interesting. The agency scenario produces a total loss of 6.26%, taking into account water supply issues at buildout and a "betterment" at Hell Hole Res; our scenario resulted in a slightly higher generation loss, or 7.09%. The reason for the difference is in the timing of the flows; i.e., the higher flows that we included for the summer cost more to the system than the spawning time frame water. The "betterment" mentioned above is an addition of a 6' gate structure on the HH spillway; Andy Fecko indicated that PCWA will be including this as part of the project description for the FERC license and for the NEPA/CEQA process. When more details become available on this betterment, I will provide the information to everyone. Runs 9 and 10 were modeled using the new UARP South Rubicon flows (apparently not including pulse flows due to some uncertainty on that issue); runs prior to 9 and 10 did not take the revised S. Fork flows into account.

 

There are some adverse effects on boat ramp availability on both FM and HH lakes in critically dry years, attributable to runs 9 and 10. However, it appeared to me when the consultant presented this issue that the incremental impacts attributable to runs 9 and 10 are marginal at worst because there are problems in those years in any event. Also, we have been told repeatedly that even if the concrete ramp is entirely out of the water, launch is still possible from the dirt road extending beyond the bottom of the ramp.

 

The consultant stated that for the Rubicon, in general, run 10 (our scenario) produced more wetted perimeter in the winter, somewhat reduced spawning-time water (see above), and more adult habitat during the RBT rearing/growth period. Regarding temperature effects of runs 9 and 10 (here is where the trout/frog tension occurs), the consultant's opinions are: (i) the revised S. Fork flows will lower Rubicon temperature for some distance downstream of the confluence, but it is uncertain at this point as to how much cooling will occur; (ii) in CD years, the run 10 (our) flows  will push the existing flow temperature downstream 5 or 6 miles (good for fish; possibly bad for frogs); (iii) temperatures above 22 degrees Celsius affect trout growth and sustainability adversely, and can be lethal; temperatures below 22 are better, but as the temperature decreases significantly, growth will slow due to metabolism changes and availability of food.

 

The main issue on the Rubicon will be "fish vs frogs;" i.e., to the extent that more flow is provided by higher instream flow releases, in combination with the potentially cooler water generated by S. Fork flows from the UARP, the warmer water habitat for frog spawning and rearing will be lessened and pushed downstream. The consultant estimated that our run 10 flows would push the frog water line downstream about 5 miles. We are happy with our flow regime, and are going to try to stick to it.

 

Regarding pulse flows in the Rubicon, the problem with the infrastructure at Hell Hole is not yet solved, and it looks as though a fix that would remove restrictions on the amount that can be released would, in PCWA's words, cost in the "tens of millions." We have no way at present of judging the veracity of that claim. What they are going to do for now is to going to do model run pulses at 180-300 cfs, take into account downstream accretion, and then measure the effects on the metrics (initiation of gravel motion, boating, angling, etc.).

 

The June 3 MFA working group afternoon meeting was devoted to issues relating to the peaking reach. We focused mainly on some proposed measures to increase RBT and Brown Trout spawning activity and habitat. Among those measures are rewatering the horseshoe; re-watering the side channel at Grey Eagle; creation of a fish enhancement facility to raise stream-bred (Middle Fork) trout, to be located on the Horseshoe Bar property; and increasing flows in the side section below Oxbow Dam. The group is generally in agreement with all of these, but there is concern regarding permission from the Horseshoe Bar ownership.



5/10/2010 MFAR Update
By Bill Carnazzo
Board member, UARF Representative to MFA

Negotiation sessions on flows were scheduled for today and tomorrow, both all day meetings. This morning we finished up on the small bypass streams--Duncan Creek and Long Canyon Creek (North Fork, South Fork, and main stem). On those, it appears that we have a good shot at achieving our goal of having higher MIFs in all reaches. The MIFs are variable by water year type (there are 5 types) and by time of year. It's a complex set of criteria, but the overall effect for fish and bugs is quite positive. We also worked some more on the Middle Fork reaches: (a) From French Meadows down to Interbay; and (b) From Interbay down to Ralston. Again, water was added by PCWA, and more under our scenario and those propounded by the agencies, in order to increase MIFs, thereby benefitting fish and bugs. But there remains a problem regarding Foothill Yellow Legged frogs. See below for a discussion of that issue in the context of the Rubicon. In short, there is some FYLF habitat on the MF above Ralston (not a huge amount) and there is some desire on the part of the federales to foster more frogs. That means potential trouble for trout. Read on. The rest of the day and tomorrow were tentatively devoted to beginning work on the Rubicon, which could prove to be a bit more difficult. However, the state and federal agencies wanted time to caucus in order to develop their scenario(s) for purposes of modelling. In particular, there needs to be a discussion between CDFG and USFS as to whether their proposals will be based on managing the river for trout (CDFG), or for Foothill Yellow Legged Frogs (USFS). The difficulty is that frogs like higher temperature ranges for their reproductive and rearing activities; trout, of course, thrive in lower temperatures. In the frog studies, the river was divided up into three basic area for temperature modelling. The upper area has lower temperatures because the water mostly comes from Hell Hole at the base of the dam; Here there are no frogs. The middle area is where the temperatures begin to moderate and increase; in this area the frog population begins to grow but is still relatively small. The lower area is characterized by much higher temperatures (at times in excess of 70 degrees F), and there are numerous frogs in this reach. I, of course, have been advocating for more flow and cooler water in all reaches. We'll have to wait and see how this develops in the coming weeks. It could become complicated. The bottom line is that the Rubicon discussion has been put off until the 19th, which is one of our scheduled flow negotiation days. As intimated above, we will also have to tackle the "fish vs frogs" issue on that day with respect to the MF below French Meadows, down to Ralston. The big Q is: What species (singular and plural, possibly) is the river to be managed for? I'm not sure how that will be resolved (procedurally and/or substantively) if a mutually satisfactory accomodation can't be reached. You can guess where we, the angler group, stands on the issue. One final note: A potentially overriding factor on MIFs among the bypass reaches is the overall water/power balance. In other words, PCWA will be able to tolerate only so much loss of power generation capacity from the system. In other relicensing processes, it it my understanding that the "norm" would be an expectation on the part of the licensee that it would lose somewhere between 7 and 10%. For the smaller streams we are already at somewhere near 4.5%. Anyway, that's where we stand for now. There is a MFA working group teleconference tomorrow to go over PCWA's first cut at modelling a peaking reach scenario proposed by Foothills Water Network, which is a key member of the MFA working. We, the Foothills Angler Group, are also a member of the MFA working group; we have proposed `a slightly different scenario that we want modelled. Within the negotiation process, it looks like we won't get to the peaking reach until early June. The early modelling will make those discussions go much more smoothly and efficiently when the time comes.
 
5/3/2010 MFAR Update
By Bill Carnazzo
Board member, UARF Representative to MFAR

We've had several day-long instream flow meetings during the past couple of weeks, concentrating on the small streams--Duncan Creek and the North and South Forks of Long Canyon Creek. Our latest meeting was today. In short, the flow scenario that I, in collaboration with the Foothills Water Network, submitted for modeling purposes, was modeled by the consultant and the results were presented today.

As you may recall, our scenario included increased flows for each of these streams, with the amount of the increase varying by month and by water year type. The federal and state agencies asked for additional model runs on flows that in some instances were even higher than those we proposed, and with some interesting variations in the pulse flows designed to mimic the natural spring hydrograph.

The bottom line is that under the worst case scenario, the "power cost" to the licensee is less than 5%, which is remarkable--and good news for us. Of course, these streams are part of a larger system that includes two "larger" rivers, which we haven't gotten to yet. In other words, there will need to be a watershed-wide water balance struck once we have gone through all of the streams, so it cannot be said at the present moment that the flows we have asked for will be the final flows for the small streams.

We will have to await the final results for all of the streams. But what we can say is: (a) in the last analysis, we will definitely have more water and habitat for fish and bugs, and for the rest of the biota; and (b) we have the support of the federal and state agencies (with the caveat that from their standpoint they have to be concerned not only about trout, but also frogs and other fish species such as the hardhead population). We meet again next week for two days on the flow issues; some of that time will be devoted to finishing up with the small streams, and then we will move on the the upper Middle fork and the Rubicon, where the issues ay be a little tougher.

Beyond that, we will take up the "peaking reach" below Oxbow as the last step in negotiations. That will take considerable time because of the myriad private and public agency interests involved, and the complexity of minimum flows, peaking flows, and ramp-rate issues. There are also flow-related issues such as the rewatering of the Horseshoe Bend that need to be resolved. That will prove to be a very interesting process.Tomorrow we are scheduled to again take up the recreation plan, and specifically the p.m.& e  issues. As you may recall, I drafted and submitted a long, detailed list of improvements for the bypass reaches that address our interests as anglers, and Tom Bartos has submitted a similar list for the peaking reach. I expect some significant discussions to take place over the "nexus" conundrum, with PCWA pushing back with a rather hard line and narrow approach while marching under the banner of "too much money." But we'll have to see their response tomorrow and assess what our next steps should be on our lists and those presented by other folks.

 


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