SMUD Relicensing Agreement Will Boost River Flows, Upgrade Recreational Facilities

by Dan Bacher
 
The Sacramento Municipal Utility District Board of Directors on January 25, after five years of often-intense negotiations with federal and state agencies and conservation groups, approved an historic relicensing settlement agreement for the Upper American River Project (UARP) and Chili Bar Hydroelectric Project on the South Fork of the American River.

This is a monumental victory for recreational anglers and campers that use SMUD's Crystal Basin reservoirs and streams and white water recreational boaters that enjoy adventuring on its world-class white water.  

Not only does the agreement provide for increased flows for native rainbow trout and other aquatic species in the South Fork, Silver Creek and their tributaries, but also it mandates the doubling of the numbers of trout planted into Ice House, Loon and Union Valley reservoirs in a time of decreasing fishing opportunities throughout the state.

An official signing ceremony, held at the SMUD headquarters on January 29, followed the board meeting. Representatives of SMUD, PG&E, federal and state agencies, NGOs and two individuals signed the historic agreement. After being signed, the agreement now needs to be approved by the Federal Energy Regulatory Commission (FERC) and the State Water Resources Control Board.

 “The signing of this agreement is an historic moment,” said Susan Patterson, the newly elected president of the SMUD Board. “It will provide substantial recreational and environmental benefits for the public.”

She cited some key components of the agreement, including higher stream flows for fish and other wildlife, a $24 million upgrade in SMUD's facilities at its reservoirs, improved ADA access to its recreational facilities, regular white water releases on the South Fork of the American below Chili Bar Dam and $ 1.3 million annual maintenance of the recreational facilities.

“Although there is a 7 to 8 percent loss of hydroelectric power, the agreement provides for flexible power generation during the summer and allows for construction of the Iowa Hill Project,” stated Patterson.

Stafford Lehr, DFG fishery biologist, played an instrumental role in negotiating an agreement that provides both enhanced flows for native species and a doubling of the current numbers of trout planted at the Crystal Basin reservoirs from 25,000 pounds to 50,000 pounds per year.

Lehr also noted that the bear proof lockers and trash receptacles required in the agreement at the urging of the Forest Service will help anglers and others camping at the lakes. No longer will “bad news bears” break into cars and trucks because of lack of bear proof lockers.

Jim Shetler, the head negotiator for SMUD,  said the earliest that the agreement could be approved by is the fall of 2007 or the winter of 2008. Also, the agreement can't officially go into effect until the State Water Resources Control Board issues its 401 Clean Water Act Permit. 

Jim Eicher of the Folsom Field Office of the U.S. Bureau of Land Management summed up the importance of the agreement, “We took the right road, did the right thing and the resources will be better for it.”

The official signing ceremony was preceded on November 16, 2006, by the   announcement of an "agreement in principle" between federal and state agencies, NGOs and the public utility over the terms and conditions of SMUD's 50-year license.

Ron Stork, senior policy analyst of Friends of the River, commented after signing the agreement, “I’m really impressed with the increased flows that will biologically benefit both game and non native species. Many times during this process, I didn't think we would reach settlement - and we were prepared to take it to FERC.” 

According to Stork, this agreement will greatly improve the existing conditions of the South Fork American River and its tributaries by doing the following:

 • Greatly increasing minimum flows on all river segments. These flows mimic natural variation, restore ecological functions, and enhance conditions for fish and wildlife. The required flows will be based on year types, ranging from wet to critically dry.

• Enhancing recreational boating opportunities by creating new kayaking and rafting opportunities on the South Fork Silver Creek below Ice House reservoir as well as the South Fork American River below Slab Creek Dam.

• Creating pulse flows on the Rubicon River, South Fork Silver Creek, and Gerle Creek. These flows simulate natural springtime runoff events and maintain the river ecology by flushing sediment and debris, improving water temperature and quality, and creating habitat.

• Creating a “quantitative and reliable” flow schedule for California's most popular whitewater river-the South Fork American below Chili Bar reservoir.

• Providing financial assistance to the U.S. Forest Service and BLM for the maintenance and operation of recreational facilities located on or near project reservoirs and affected river segments.

 “This agreement is a fantastic development and will ensure that the South Fork American River and its tributaries will remain healthy and viable for decades to come,” according to Stork.

The scope of the improvements at SMUD’s Crystal Basin reservoirs is far-reaching, including redesigning and reconstructing campgrounds and making them conform to the design standards of the American with Disabilities Act (ADA), replacing older toilets with accessible vault toilets and improving lakeshore access from the campground to accessible trailers.  The agreement also provides for the upgrading of boat launch and day use facilities at the Crystal Basin lakes to meet the current design standards of the ADA.

The document also mandates specific end of the month reservoir elevations targets for Loon, Union Valley, Ice House, Gerle Creek, and Slab Creek reservoirs, according to time of year and water year type. This is very good news for anglers, who have often complained about problems with boating and fishing access when SMUD reservoirs are suddenly drained for hydroelectric power generation. 

I attended the signing ceremony and was excited to see the negotiators for the NGOs, white water boating businesses and private boaters signing the agreement, a moment that many activists feared would never come to pass.  

Stork and Chris Shutes of the California Sportfishing Protection Alliance, signed on behalf of the NGOs, while Nate Rangel, president of California Outdoors, and Bill Center, owner of American River Recreation, signed as representatives of the white water business community. Theresa “Tree” Simsiman and Hilde Schweitzer signed for the private white water boaters.

“Tree” and Soren Jesperson, campaigns organizer with Friends of the River, were instrumental in sending action alerts and emails out to encourage participation by fishing, environmental groups, business organizations and ratepayers in the meetings and letter writing campaigns.

For months, river advocates packed meetings and testified as to the importance of restoring the river and SMUD’s recreational facilities. It was only because of the intense pressure that the fishing groups, recreational boaters and conservation groups put on the SMUD Board, meeting after meeting, that the SMUD negotiators, PG&E and the federal and state agencies finally got back to the negotiating table.

Genevieve Shiroma, SMUD Board member and former president, must be recognized for the key role she played in responding to the requests of river and fish advocates and getting the parties back to the negotiating table.

I’m gratified that this agreement will not only enhance flows on the South Fork and its tributaries, greatly helping the wild rainbow and brown trout population, but will provide for increased fishing opportunities for bank anglers and boaters on Union Valley, Loon and Ice House lakes, thanks to the efforts of Stafford Lehr, DFG fishery biologist.

The modernization of SMUD’s campgrounds and recreational facilities, along with required minimum reservoir levels, will be a great boon to campers, hikers and anglers enjoying SMUD’s facilities in the future.  
 
SMUD ratepayers will continue to receive low cost electricity, while fish and wildlife, anglers, recreational power boaters, white water boaters and campers will all benefit from this agreement. I’m frankly amazed to see that such a comprehensive agreement that benefits all parties, including people with disabilities, has been actually signed!