BILL ANALYSIS �
-----------------------------------------------------------------
| |
| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2011-2012 Regular Session |
| |
-----------------------------------------------------------------
BILL NO: SB 317 HEARING DATE: April 12, 2011
AUTHOR: Rubio URGENCY: No
VERSION: As introduced CONSULTANT: Marie Liu
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Kings River Fisheries Management Program
BACKGROUND AND EXISTING LAW
The Department of Fish and Game (DFG) is the trustee for the
state's fish and wildlife resources. Sections 1501 and 1501.5 of
the Fish and Game Code allow DFG to make expenditures and enter
into contracts for fish and wildlife habitat preservation,
restoration, and enhancements.
In 1954, the United States Army Corps of Engineers constructed
Pine Flat Dam on the Kings River for flood control and
irrigation water supply. The Kings River Conservation District
(KRCD) is the local agency responsible for the operation and
maintenance of Pine Flat Dam both for flood control and for
electrical power generation. The Kings River Water Association
(KRWA), which consists of 28 public and private agencies that
hold water rights on the Kings River, is responsible for
allocating the natural flow of the Kings River and the storage
space within Pine Flat Reservoir to its members.
Prior to the construction of the dam, the lower Kings River (the
river stretch below the dam) supported a year-round,
self-sustaining fishery, including steelhead and salmon.
However, no protections for these fisheries were established
until the DFG and the KRWA signed an agreement in 1964. However,
this agreement provided insufficient protection of the fishery
as illustrated by the numerous conflicts that ensued, including
with sportsfishing groups.
On May 1999, DFG, KRWA, and KRCD reached a new agreement on a
comprehensive plan framework for the management and
enhancement of the fishery, as well as protection of water
1
rights, named the "Kings River Fisheries Management Program
Framework Agreement." The agreement was updated on June 2009.
This framework included agreements to:
Enhance stream flow requirements in the Lower Kings
River;
Increase minimum storage in Pine Flat Reservoir in order
to ensure downstream water temperatures suitable for trout;
Spend $100,000 annually for 20 years from KRWA and KRCD
collectively for designing, installing, operating, and
maintaining physical improvements to the lower Kings River
which will enhance fish and wildlife resources. DFG
similarly committed to seek at least $2M of funding for the
same purposes over a 20 year period;
Develop objective criteria to determine the health and
status of the fishery below the dam and to conduct an
appropriate monitoring program;
Develop and implement a focused supplemental trout
stocking program for the reservoir and river; and
Solicit public input for the adaptive management of the
fish and wildlife resources of the Kings River, especially
local fishing organizations.
The framework agreement was not intended to be a final
management plan, but rather a basis for programs to preserve and
protect the various uses of Kings River including flood control,
water supply, recreation, habitat, and fisheries.
The Legislature authorized this agreement in SB 1704 (Costa,
2000) in order to illustrate DFG's commitment to the framework
agreement and to allow DFG to contribute up to 50% of any
capital costs incurred by local agencies from the Fish and Game
Preservation Fund. A sunset of January 1, 2011 was added in
response to fiscal concerns that the measure obligates the state
to participate in any projects undertaken under this agreement
prior to the state knowing exactly what those projects are and
their costs. This sunset was not extended, thus these provisions
were repealed on January 1 of this year.
PROPOSED LAW
This bill would permanently reinstate the Legislature's
authorization of DFG's role in the Kings River Fisheries
Management Program Framework Agreement and any future amendments
to that agreement.
ARGUMENTS IN SUPPORT
According to the author, "The �Kings River Fisheries Management
Program] is the culmination of a successful partnership between
the Kings River Water Association, the Kings River conservation
2
District, the California Department of Fish and Game, and
participating members of the public. The Program parties
cooperatively worked to implement a number of voluntary actions
which will enhance the river's habitat and environment."
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
Has the Kings River fishery improved as a result of the
management program? A monitoring program was established as part
of the fisheries management program (program) in order to
collect information on the changes in abundance and condition of
the trout fishery as well as to measure the impacts of the
habitat enhancement projects. According to the program's 2009
fish population survey, minimum flow requirements and the
habitat enhancement projects have improved trout habitat
conditions, particularly during the winter when the river flows
are lowest. Increased water storage requirements have also
maintained lower water temperatures longer into the season,
which is beneficial for the trout. And while wild trout
populations are not yet stable, there are positive signs.
Is it appropriate for the Legislature to approve future,
unspecified amendments to the agreement? This bill would have
the Legislature authorize all future amendments to the framework
agreement, without knowing the potential nature of these
amendments. The committee should note that DFG already has
sufficient authority under �1501.5 to enter into this agreement
and subsequent amendments without Legislative approval. Thus,
eliminating the bill's authorization of future amendments should
not impede the program's progress and therefore should be
deleted. Also, the author may wish to reference the June 2009
amendment to the agreement. (See amendment 1)
To what extent should the state continue to be financially
responsible for projects undertaken under the program? According
to DFG, the state has contributed $728,000 to the program to
date. The Legislature's previous authorization restricted DFG
from contributing more than 50 percent of any capital costs
incurred by the local agencies under the program. The committee
may wish to consider reinstating this limitation especially
since the framework agreement requires KRWA and KRCD to
contribute $2M while DFG is required for "at least" $2M over 20
years for capital improvements and operations and maintenance.
(See amendment 2)
3
SUGGESTED AMENDMENTS
AMENDMENT 1
Starting on page 1, line 5 continuing on page 2, line 1,
delete "as it may be approved or amended by the department
from time to time," and insert "and amended June 26, 2009"
AMENDMENT 2
On page 2, line 2, after "authorized." insert "The
department may contribute up to 50 percent of any capital
costs incurred by local agencies for the recreation and
fish and wildlife enhancement features of the program."
SUPPORT
Kings River Conservation District
Kings River Water Association
OPPOSITION
None received
4