BILL ANALYSIS Ó
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2011-2012 Regular Session |
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BILL NO: AB 565 HEARING DATE: June 28, 2011
AUTHOR: Monning URGENCY: No
VERSION: April 25, 2011 CONSULTANT: Newsha Ajami
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Conservation: State Coastal Conservancy.
BACKGROUND AND EXISTING LAW
The California Coastal Conservancy was created (commencing with
Public Resources Code § 31100) to protect, conserve, restore,
and enhance environmental and human-based resources of the
California coast and ocean for environmentally sustainable and
prudent use by current and future generations. According to
§31111 the Coastal Conservancy is authorized to provide grants
only to public agencies and nonprofit organizations in order to
fulfill its mission.
PROPOSED LAW
This bill would enable the Coastal Conservancy to award a grant
to a for-profit entity to remove the San Clemente Dam.
ARGUMENTS IN SUPPORT
According to the Monterey Peninsula Water Management District
"The San Clemente Dam Removal project represents an
extraordinary opportunity for public and private interests to
work together to remove an unsafe dam and initiate a watershed
restoration process that will bring this river back to life. The
project will permanently remove the public safety risk posed by
the dam, restore access to 25 miles of spawning and rearing
habitat for steelhead trout, and provide new recreational
opportunities for the public through the transfer of
approximately 900 acres of watershed lands to public ownership."
ARGUMENTS IN OPPOSITION
None Received.
COMMENTS
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The San Clemente Dam is an old, non-functional and unsafe water
storage structure
The San Clemente Dam (Dam) is a 106-foot high concrete dam that
was constructed in 1921 on the Carmel River. Upon its building,
it had a reservoir storage capacity of about 1,425 acre-feet.
Today 90% of the reservoir is filled with sediments, with only
125 acre-feet of capacity remains. The dam is basically
non-functional and is only being used as a diversion point for
water withdrawals from the river.
In 1990's, the California Department of Water Resources (DWR)
Division of Dam Safety, issued a safety order, considering the
dam structure unsafe in the event of extreme flooding or a high
intensity earthquake. California American Water (CalAm), a
for-profit private water company owns the dam, and is
financially responsible for resolving this public safety issue.
Their proposed least-cost approach to this problem is to
strengthen the dam through buttressing, which would cost $49
million.
Furthermore this dam is disturbing and altering the natural
hydrological flow which is vital for fish population (such as
steelhead trout) and natural sediment flow. Therefore, the
federal and state agencies including the Coastal Conservancy and
environmental organizations are all in favor of removing the dam
in order to restore natural habitat. The Coastal Conservancy,
National Marine Fishery Services (NMFS), and the Planning and
Conservation League Foundation worked with CalAm to develop a
feasible approach to cooperatively implementing the Dam removal
option. This project is expected to cost $83 million.
In order to remove the dam - which is expected to have
significant public benefits - the Conservancy, with assistance
from NMFS, will secure the additional $34 million from state,
federal, and private foundation sources (the "public funders").
CalAm will be responsible for the remaining portion of the
project cost ($49 million) to remove the Dam. CalAM will also
donate the land to a public agency and nonprofit organization
for watershed and public access protection.
Why is this bill needed?
The Conservancy, NOAA Fisheries, PCL Foundation and American
Rivers form the public wing of this project. The Conservancy has
agreed to function as a clearinghouse for all public funding .
Under the current law the Coastal Conservancy is not authorized
to provide grants to for-profit agencies such as Cal Am. This
bill will give the Conservancy authority to grant funds to a
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for-profit organization to undertake San Clemente Dam Removal
projects.
SUGGESTED AMENDMENTS
SUPPORT
California American Water Company
California State Coastal Conservancy
California Trout
Carmel River Steelhead Association
Carmel River Watershed Conservancy
Monterey County Board of Supervisors
Monterey Peninsula Water Management District
Planning and Conservation League
Trout Unlimited
OPPOSITION
None Received
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