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Calaveras Board supports AB 142

Austen Thibault, The Union Democrat March 19, 2015 03:04 pm

The Calaveras County Board of Supervisors narrowly passed a resolution Wednesday in support of Assembly Bill 142 — a controversial bill to establish a study into the effects of designating the Mokelumne River as “Wild and Scenic.”

About 30 speakers commented on the issue at the special meeting before the board weighed in. About two-thirds of those were in favor for various reasons.

Public comments highlighted the controversy of the bill, drafted this year by Assemblyman Frank Bigelow, R-O’Neals, and Sen. Tom Berryhill, R-Twain Harte, in reaction to last year’s push for the Mokelumne’s Wild and Scenic designation.

The Wild and Scenic designation protects a river’s “free-flowing” nature by moving dam construction from the river itself to diversions or tributaries.

Some speakers said the bill isn’t really about fact-finding but about stalling or even killing the river’s designation by the Republican lawmakers.

Angels Camp resident George Wendt called the bill a wolf in sheep’s clothing. He said many of its proponents will candidly admit that it’s meant to delay the Wild and Scenic designation. The river was already found eligible for the designation by two previous federal studies, he said.

As for concerns about water supplies, Bent said the county still sells the majority of its water downstream because of its large water right.

San Andreas resident Chris Williams said a Wild and Scenic designation discussion during extreme drought was “just insane.” He said AB 142 is necessary for the full input of all the water districts potentially affected.

Calaveras County Water District Community Relations Manager Joel Metzger said the district doesn’t think the bill is a stall tactic and would like to see it passed to flesh out the full impacts designation would have on local water supplies.

The CCWD board passed a resolution in favor of the bill last week while directing staff to work with lawmakers to add amendments, like a set time frame for the study.

Eight people from water districts or county government in Amador County spoke Wednesday, all in favor of the bill, saying the designation would benefit downstream water users at the cost of upstream users.

Two members of the nonprofit organization Foothill Conservancy called the bill unnecessary, because studies are already required for the designation, and said there are hundreds of water-storage facilities along existing Wild and Scenic rivers that use diversions.

Ultimately, the board passed a resolution 3-2 in favor of the bill to show their stance before a meeting of state lawmakers next week.

District 4 Supervisor Debbie Ponte voted against the resolution, saying she would only support AB 142 with some amendments, like a time frame.

District 2 Supervisor Chris Wright voted against it, calling it a controversial bill that is doomed.

The board early last year passed a resolution calling on lawmakers to propose a bill to establish the river as Wild and Scenic. The board did not officially acknowledge whether that resolution will stand.

____________________________________________________________________________

News Release March 25, 2015

River advocates pleased with progress on Wild and Scenic study legislation

Friends of the River and Foothill Conservancy today praised amendments approved by

the Assembly Natural Resources Committee and made to Assembly Bill 142 (Bigelow-R,

O’Neals). The amendments move the Mokelumne River toward permanent protection as

a state Wild and Scenic River. While the actual bill language has not yet been published,

the advocates obtained a copy of the amendments when the bill passed out of the

committee Monday on an 8-1 vote.

“The amendments addressed our major concerns with AB 142 by transforming it into a

legitimate, meaningful and useful Wild and Scenic study bill, said Steve Evans, Wild

Rivers Consultant for Friends of the River. “Assemblyman Bigelow accepted the

strongest interim river protection measures ever included in a state Wild and Scenic River

study bill. We were also pleased to hear Mr. Bigelow say before the Committee that he

could support Wild and Scenic protection for the Mokelumne if recommended by the

Natural Resources Secretary following the study.”

As amended, AB 142 calls for the state Resources Agency to study the suitability of the

Mokelumne River upstream of Pardee Reservoir for protection as a state Wild and Scenic

River. Among other things, the study will be required to analyze whether designation

would affect local water agencies’ ability to meet water demand, based on “feasible

projects and foreseeable demand,” as well as document the effects of designation on

water rights of previously designated state wild and scenic rivers.

“We’d still like to see a real Wild and Scenic River bill without further delay,” said

Cecily Smith, Foothill Conservancy Executive Director. “The Mokelumne has been

studied extensively, and we know this study is not yet a done deal. It will be a challenge

to fund and complete within the short time frame called for in the bill, and the Legislature

may not want to spend money studying river protection during a drought. But we’re

pleased that Assemblyman Bigelow wants to do the right thing for the river and

recognizes its importance to our communities.”

“The Mokelumne has been the subject of two federal wild and scenic river studies, a

watershed assessment and most recently, an interregional water planning process that has

cost nearly $900,000 — all paid for by the taxpayers,” said Evans. “But if this study will

help allay the concerns expressed by local water agencies last year while making progress

toward permanent Mokelumne protection, that would be real progress for the river.”

Foothill Conservancy and Friends of the River AB 142 amendments page 2

State Wild and Scenic River designation for the Mokelumne would prevent new dams

and major diversions on the protected river sections, with some exceptions for local water

use. As it will be amended, AB 142 will provide that same protection until the Natural

Resources Secretary’s recommendations are implemented. It will also prohibit state

funding, cooperation or other assistance for water projects that could harm the freeflowing

condition and natural character of the river.

Friends of the River and the Foothill Conservancy sponsored a bill last year authored by

Senator Loni Hancock (D-Oakland) to protect 37 miles of the Mokelumne as a Wild and

Scenic River. After passing the Senate and the Assembly Natural Resources Committees,

the bill was suspended in the Assembly Appropriations Committee at Assemblyman

Bigelow’s request over alleged costs to the state.

More than 1.4 million residents of the East Bay Area depend on clean water from the

Mokelumne River. Because it will help protect drinking water quality, the East Bay

Municipal Utility District recently unanimously approved resolutions asking the

California Legislature and Governor Brown to protect the Mokelumne as a Wild and

Scenic River and urging that AB 142 be amended to provide interim protection for the

river while a study is conducted.

For more information, contact Steve Evans of Friends of the River at 916-708-3155 or

Katherine Evatt of Foothill Conservancy at 209-296-5734.





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