Archive for July, 2006

Proposed City Ordinance Requiring the Inspection and Repair of Sewer Lines

Pursuant to the October 2005 settlement agreement between the City and Northern California River Watch, Santa Rosa Utilities Department staff was required to recommend the adoption by the Council of an ordinance requiring the inspection of private laterals prior to the sale of property.

The recommended ordinance would require the inspection and repair, if necessary, of all laterals more than 10 years old upon the sale or transfer of real property. Staff will review the content of the recommended ordinance, which is attached to the staff report, and discuss various means of implementing the ordinance and the possible timing of such implementation.

Policy for Maintaining Instream Flows in Northern California Coastal Streams

The Division of Water Rights is in the process of preparing a State Water Board Policy for Maintaining Instream Flows in Northern California Coastal Streams. The proposed policy may affect water diversions in coastal streams in portions of Marin, Napa, Sonoma, Mendocino, and Humboldt Counties. Water Code Sections 1259.2 and 1259.4 require the State Water Board adopt the Policy by January 1, 2008. These Water Code sections were enacted by Assembly Bill 2121, which was signed by the Governor in September 2004. The Policy will be prepared in accordance with state policy for water quality control, which requires the preparation of environmental documents.
CEQA Scoping Meeting
Notice of Public Scoping Meeting (not available yet)
Notice of Preparation (not available yet)

To receive updates by e-mail regarding the Proposed Instream Flows Policy for Northern California Coastal Streams, subscribe on-line to the AB2121 Instream Flows Policy mailing list

More - with links:

Trout Unlimited’s and Peregrine Chapter of the National Audubon Society’s Petition for Timely and Effective Regulation of New Water Diversions in Central Coast Streams. (Project Dedicated Webpage)

GUIDELINES AND STUDIES

December 28, 2005 - Status of Pending Applications to Appropriate Water in the Counties of Marin, Napa, Sonoma, Mendocino, and Humboldt
September 22, 2005, State Water Resources Control Board Resolution 2005-0070 - Authorizing the Executive Director to Negotiate and Execute Contracts Responding to California Water Code Section 1259.4 (AB 2121) Regarding the Development of the Principles and Guidelines for State Policy for Water Quality Control for Northern Coastal Streams

USGS Evaluation of Methods Used for Estimating Selected Streamflow Statistics, and Flood Frequency and Magnitude, for Small Basins in North Coastal California

Guidelines for Maintaining Instream Flows to Protect Fisheries Resources Downstream of Water Diversions in Mid-California Coastal Stream

COASTAL STREAM WATERSHEDS

Napa River Watershed - [Under Construction]

Navarro River Watershed - [Under Construction]

Russian River Watershed

Alan Levine

State Court Backs Coho Protection Rules

John Driscoll The Times-Standard

A Sacramento court has upheld decisions by the California Fish and Game Commission to list coho salmon in Northern California as protected under state law.

Judge Gail Ohanesian in Sacramento Superior Court ruled late last week that the commission and the California Department of Fish and Game acted within the law to list the fish as endangered between San Francisco Bay and Punta Gorda, and as threatened above Punta Gorda to the Oregon border.

The case was brought by the California Forestry Association and others, including the Greater Eureka Chamber of Commerce. The plaintiffs contended that the 2002 and 2004 decisions by the state were an abuse of discretion and unsupported by evidence. They argued that the California Endangered Species Act doesn’t allow listing population segments of a species, as the federal Endangered Species Act does.

But Ohanesian said that there was no further definition of a species or subspecies under the state law, and noted the federal definition.

“The court finds that the concept of ’species’ is a scientific one, not a matter of common understanding among those not trained in biological science,” Ohanesian wrote.

She also wrote that the record contains a large amount of information that supports that coho has been removed, or is in serious decline, from its entire California range.

Conservation groups who intervened in the case said they hoped the decision would allow industry and environmental interests to work together to restore coho salmon.

“This was a biologically sound decision,” said Tom Weseloh with California Trout. “Now the courts have said it’s not only biologically sound but also legal.”

J Warren Hockaday, executive director of the Eureka Chamber of Commerce, said the board believed that the state listing was duplicative of existing federal regulations. It joined the suit as a show of support for the timber industry, Hockaday said, concerned that some of its members would see significant costs from the state’s actions.

Ohanesian found that the state acted according to its policy because federal protection had not proven adequate to prevent the decline of coho.

The California Forestry Association did not return the Times- Standard’s phone call by deadline.