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HomeMy Public PortalAbout03 Truckee River Operating AgreementTown of Truckee California RESOLUTION NO. 99-03 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE DOCUMENTING SIGNH01CANT CONCERNS REGARDING THE CURRENT STATUS OF NEGOTIATIONS ON THE TRUCKEE RIVER OPERATING AGREEMENT (TROA) AND REQUESTING THAT THE STATE OF CALIFORNIA REFUSE TO SIGN THE AGREEMENT UNTIL THE INTERESTS OF THE AFFECTED REGION ARE EFECTIVELY ADDRESSED IN THE AGREEMENT WHEREAS, the Truckee River Basin Water Group (TRBWG) was formed in 1994 as an organization of County, City, Resource Management Agencies and public water and sewer service providers within the California portion of the Truckee River Basin to provide a vehicle to represent local interests in the Truckee River Operating Agreement (TROA) negotiations; and WHEREAS, the operation of the Truckee River system and area reservoirs has and will continue to have significant implications on the economy and environment of the Truckee River Basin within California; and WHEREAS, Public Law I 01-618, enacted in 1990, establishes an interstate allocation of the water resources of the Truckee River and requires the negotiation of a new operating agreement which fairly manages the resources and provides mitigation for any significant environmental impacts resulting from the operation of the River; and WHEREAS, the TROA proposes to establish permanent standards for the operation of the River; and WHEREAS, the Department of Water Resources is the lead agency in negotiating California's interest in the TROA and is the co-lead with the Federal Government in preparing the environmental impact report for the Agreement; and '*VHEREAS, before the TROA can be approved and executed, it must undergo environmental review pursuant to the California Environmental Quality Act which must disclose all potentially significant environmental impacts and identify mitigation measures to reduce said impacts; and WHEREAS, the draft environmental impact report on the ROA was released on March 10, 1998 and the Town of Truckee and TRBWG responded that the document does not comply with CEQA and fails to provide meaningful information regarding the long term impacts of the TROA, including: The draft EIR determination that no significant impacts will result in the California portion of the Truckee River Basis from the operation of the TROA is based upon a significantly flawed hydrological model and is not supported by substantial evidence in the record; Inadequate water quality information and analysis of potential water quality impacts to Lake Tahoe and the Truckee River including failure to address the information requests of the Lahontan Regional Water Quality Control Board. This information and analysis is of critical importance because of the federally protected status of these water bodies; Town of Truckee Resolution 99-03 The lack of comprehensive biological information regarding the Truckee River within California which would support the necessary understanding of the relationship between river flows and the health of the entire river ecosystem compounded by the absence of any meaningful long term environmental monitoring program. Failure to consider potential severe impacts of the TROA on the current and future operation of the Tahoe-Truckee Sanitation Agency Sewer (TTSA) plant which serves the entire Truckee/North Tahoe area; The lack of analysis regarding the long term impacts of depletion and water well standards on both the long term availability of domestic water to our region and the administrative implications of the provisions; and WHEREAS, the impact of the proposed TROA is of paramount importance to our region; NOW THEREFORE, BE IT RESOLVED, that the Town of Truckee hereby requests, that the Governor of California not authorize the signing of the TROA until the EIS/EIR is significantly modified to provide complete and legally adequate documentation of the long term impacts of the implementation of the TROA and that mandatory mid-course correction or adaptive management standards are negotiated into the TROA that ensure that the California portion of the Truckee River basin receives the following: The environmental benefits identified in the current EIR/EIR. Reasonable access to the water allocation provided by the TROA considering proposed restrictions and limitations including well drilling limitations and depletion. That long-term operation of the TTSA sewer plant will not be unreasonably restricted by modifications to River flows. A long term monitoring and/or adaptive management program to ensure that significant environmental impacts resulting from the TROA, known or not known at the time the TROA is executed, are mitigated to a level of insignificance and to determine whether new or different techniques are needed to better achieve California's reservoir level and instream flow goals. BE IT FURTHER RESOLVED, that the Town of Truckee respectfully requests that the Governor of California instruct all State agencies with responsibility to oversee resoumes potentially impacted by the operation of the Truckee River to coordinate their actions so that the interests of our region are clearly and comprehensively understood and protected. Town of Truckee Resolution 99-03 The foregoing Resolution was introduced at a Regular Meeting of the Tovm Council of the Town of Truckee, held on the 21st day of January, 1999, by Councilmember Drake who moved its adoption, which motion being duly seconded by Councilmember McCormack and upon roll call was adopted by the following vote: AYES: Councilmembers Drake, Florian, McCormack, Schneider and Mayor Susman NOES: None ABSENT: None