The following discussion summarizes the County's long advocacy effort directed at minimizing potential impacts of a state and federal habitat restoration project--the Yolo Bypass Salmonid Habitat Restoration and Fish Passage Project (“Salmonid Project”)--on Yolo Bypass agriculture, flood conveyance, recreation, and wildlife habitat resources. It concludes with a discussion of the agreement that is the subject of this Board item and, specifically, how the agreement successfully concludes the County's advocacy effort on Project planning matters and enables the County to transition effectively to an ongoing role in Project implementation.
Over a decade ago, in response to declining native fish populations and related legal constraints on Delta water export facility operations, the California Department of Water Resources ("DWR") and the U.S. Bureau of Reclamation ("Bureau") proposed an initial version of the Salmonid Project as part of the Bay Delta Conservation Plan ("BDCP"). While the BDCP planning effort eventually collapsed, DWR and the Bureau continued to advance the Salmonid Project through a new ecosystem restoration planning effort, California EcoRestore, and ultimately approved it in 2019. Project features include an operable gate in the Fremont Weir that allows up to 6,000 cfs of additional flows into the Yolo Bypass to create seasonal floodplain habitat in the winter and early spring. The gate would operate at times when the Sacramento River is not high enough to overtop the Fremont Weir, bringing both water and juvenile fish migrating downstream into the Yolo Bypass. The resulting Yolo Bypass floodplain habitat is expected to increase the survival rate of juvenile salmonids by allowing them to feed and grow on a fish-friendly floodplain. Other project features include various modifications (mostly of a minor nature) to reduce impediments to upstream migration of adult fish, including various salmon species as well as green sturgeon. For more information, please see the Bureau's fact sheet included as Attachment B hereto.
A graphic included in Salmonid Project environmental review documents that shows the footprint of Project peak floodplain inundation is included as Attachment C. Based on information provided by the Bureau of Reclamation, the Salmonid Project is concluding design and permitting efforts, with an anticipated construction date of 2022.
Because of potential conflicts with agricultural operations, the County has long advocated to reduce the duration of Project operations (initially proposed to extend through April and even into mid-May). The County also advocated--often in collaboration with the Yolo Basin Foundation and other stakeholders--to mitigate potential impacts to recreation and environmental education opportunities in the Yolo Bypass Wildlife Area. This advocacy effort required thousands of hours of County staff time as well as considerable effort by Supervisor Provenza and various colleagues that joined him on the Delta Subcommittee (currently, Supervisor Sandy). At all times, these efforts were directed at ensuring the continued sustainability of Yolo Bypass agriculture, wildlife habitat, and recreational resources. Some of the highlights of this work include:
- Completing an agricultural economic analysis of Yolo Bypass agriculture to inform Project planning efforts, environmental review, and operational criteria;
- Helping to secure over $5 million for drainage and water infrastructure improvements to the Yolo Bypass Wildlife Area, completed in late-2020;
- Successfully advocating for a March 15 end date for Project inundation, compared with original proposals included end dates as late as May 15th; and
- Completing the original Yolo Bypass 2014 Drainage and Water Infrastructure Improvement Study and the 2020 update, which has the potential to result in additional grants for Wildlife Area and other improvements in the future.
A full summary of related efforts and milestones is included as Attachment D to this staff report. Altogether, the County's efforts contributed substantially to the final design and operational criteria of the Salmonid Project and resulted in several millions of dollars of drainage and water infrastructure improvements in the Yolo Bypass Wildlife Area. These efforts benefit Yolo Bypass landowners, growers, as well as visitors to the Yolo Bypass Wildlife Area, and many tasks--including completion of all studies mentioned in the bullets above--were achieved primarily with non-County funding sources (including substantial funding from the State Water Contractors).
Since state and federal Project approval in mid-2019, the County has negotiated with DWR for an agreement to resolve County participation in Project planning and facilitate continued engagement during Project construction and implementation. The attached agreement is the result of this extensive negotiation. It includes four main elements:
Project funding: Building on the successful implementation of initial phases of the Yolo Bypass Drainage and Water Supply Project, the agreement provides $2.5 million to the County for completion of the final phases of the project. The project is located in the Yolo Bypass Wildlife Area and is summarized in Attachment E. This sum is a direct allocation that is awaiting approval by Governor Newsom (currently pending). It complements other funding of nearly $5 million provided by the Delta Conservancy and California Wildlife Conservation Board to support earlier phases of the project. [Note: The Bureau has also indicated its intent to allocate $2 million to address longstanding flooding issues near the Wildlife Area entrance.]
Staff funding: The agreement provides $4 million (in 2021 dollars) to fund a County position for 20 years focused broadly on the Yolo Bypass and certain objectives recited in the agreement, including agricultural sustainability, flood conveyance, and wetland resource management. At least 60% of the funding must be spent annually on County staffing, and the remaining 40% can be allocated to consultant work or other Project-related costs in the County's discretion. Staff expect this position will be very helpful in coordinating with DWR and the Bureau during project construction and operation, supporting affected landowners, and seeking grant funding for additional projects intended to improve Yolo Bypass drainage, water infrastructure, agriculture, and wildlife habitat.
Economic impacts: The agreement obligates DWR to perform studies at least twice during the first 20 years of Project implementation to analyze the Project's economic impacts within the Yolo Bypass, including the Yolo Bypass Wildlife Area, and additional studies in other circumstances described in the agreement. In the event unanticipated economic impacts are identified (beyond a "de minimis" level), DWR is obligated to collaborate with the County to identify mitigation strategies and to pay for their implementation. This obligation is limited only by the caveat that if State Water Project revenues are used for mitigation, DWR may choose any mitigation strategy that fully offsets or reduces impacts (irrespective of whether the County may prefer a different strategy). Because DWR may only act independently if affected landowners agree, staff believe this limitation does not present significant concern.
Governance: Finally, the agreement obligates DWR to engage in regular Project-related information sharing, notify the County well in advance of the approval of operational or other changes, and commit to ongoing engagement with County staff and leadership. This will include at least one annual meeting that is open to public (such as a briefing during a Board of Supervisors meeting), and such meetings are to include information on operations and any potential changes that may receive consideration.
Altogether, staff recommend approval of the attached agreement. The agreement is the capstone of over a decade of effort that required substantial County staff time and significant time commitments by Supervisor Provenza and other Delta Subcommittee members. The County's efforts were successful in many respects, and the resulting Project has far fewer potential adverse effects on Yolo Bypass agriculture and other existing resources than earlier iterations. Through the agreement, the County will have resources to maintain a high level of engagement in the Project and other state initiatives affecting the Yolo Bypass over the next 20 years, as well as the capacity to advocate for local landowners and other stakeholders with an interest in maintaining the continued agricultural sustainability, flood conveyance, and habitat resources of the Bypass. |