DECUIR

&

SOMACH

A Professional Corporation
400 Capitol Mall, Suite 1900

Sacramento, CA 95814
Telephone: (916) 446-7979
Facsimill,!:

(916) 446-8199

MEMORANDUM

VIA FEDERAL EXPRESS

/-;;7

/(

To:

Alan B. Lilly
Daniel J. O'Hanlon

From:

Stuart L. Somach

Subject:

Settlement - Putah Creek Cases

Date:

April 26, 2000

Enclosed is a final settlement package. Please note that the Settlement

Agreement provides for its execution in counterparts, although it may be
appropriate for the document to be executed in a "ceremony." If we choose to

liPO}.

execute by counterparts, I will date the agreement as of the date of the last signature.
Also, the exact dollar numbers in the PCC Amended Judg
filled in, but shall not exceed the total amount agreed

Please do not hesitate to contact me if you have an

additional information.
SLS:sb
Encl.
cc:

Martha H. Lennihan (w/o Encl.)

r en t (Exhibit "B") are not

questions or need

131231001

SETILEMENT AGREEMENT AND STIPULATION

AMONG SOLANO COUNTY WATER A ENCY
SOLANO IRRIGATION DISTRICT
,
MAINE PRAIRIE WATER DISTRICT
CITIES OF VACAVILLE, FAIRFIELD, VALLEJO AND SUISUN CITY
AND
PUTAH CREEK COUNCIL, CITY OF DA VIS
AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

This Settlement Agreement ("Agreement") is entered into this

day of

_
_
_

2000 among the PUTAH CREEK COUNCIL, the CITY OF DAVIS, and THE REGENTS
OF THE UNIVERSITY OF CALIFORNIA (collectively "Yolo Parties"), and SOLANO
COUNTY WATER AGENCY, SOLANO IRRIGATION DISTRICT, MAINE PRAIRIE WATER
DISTRICT and THE CITIES OF VACAVILLE, FAIRFIELD, VALLEJO, and SUISUN CITY
(collectively "Solano Parties").

RECITALS

The PUTAH CREEK COUNCIL ("PCC") is a non-profit corporation

organized under the laws of the State of California, dedicated to the appreciation,
preservation and improvement of Putah Creek.

B.

The CITY OF DAVIS ("Davis") is a municipal corporation of the State of

California, located in Yolo County.

C.

The REGENTS OF THE UNIVERSITY OF CALIFORNIA ("Regents") is a

public corporation created by Article 9, Section 9 of the California Constitution.

D.

The

SOLANO COUNTY WATER AGENCY

("SCWA") is

political

subdivision of the State of California, duly organized, existing, and acting pursuant to
the laws thereof, with its principal place of business in thJ City of Vacaville.

SCWA

holds a contract with the United States Bureau of Reclamation for water service from

Page

1 of 17

{3123100{
lhe Solano Project and a separate conlract for the operation of the Solano Project.
The Solano Project includes Monticello Dam, the Putah South Canal and the Putah
Diversion Dam, which control the flow of Putah Creek downstream of Monticello Dam.

E.

The SOLANO IRRIGATION DISTRICT ("SID") is an irrigation district

formed pursuant to Division 11 of the California Water cJde.

SID s a participating

agency within the boundaries of SCWA that contracts with SCWA for water service
from the Solano Project.

F.

The MAINE PRAIRIE WATER DISTRICT is a California water district

formed pursuant to Division 13 of the California Water Code.

The district is a

participating agency within the boundaries of SCWA that contracts with SCWA for
water service fro m the Solano Project.

G.

The CITIES OF VACAVILLE, VALLEJO, FAIRFIELD and SUISUN CITY are

municipal corporations of the State of California.

The cities are each participating

agencies within the boundaries of SCWA that contract with SCWA for water service
from the Solano Project.

H.

On April 16, 1990, SID and SCWA filed an action in Superior Court to

determine the water rights of Putah Creek, Solano County Superior Court No. 1 08552
(the "Adjudication Action").

I.

On August 15, 1990, PCC filed a complaint for injunctive relief under

Fish and Game Code Section 5937, Sacramento County Superior Court No. 5 15766
(the "Putah Creek Council Action").

J.

In May of 1991, the Putah Creek Council

Action

and the Adjudication

Action were coordinated by the Judicial Council as Coordination Proceeding Special

Title (Rule 1550(b)) PUTAH CREEK WATER CASES Judicial Council Coordination
Proceeding No. 2565 (the "Putah Creek Water Cases").

Page

2 of 17

13/23/001

K.

In 1993, Davis and Regents, defendants in the Adjudication Action, filed

cross-complaints in the Adjudication Action.

L.

The parties have been in litigation to determine th e minimum instream flow

of water required pursuant to the causes of action asserted by the Yolo Parties in
lower Putah Creek for the past ten years.

On August 23, 1996, three judgments,

substantially the same except for the identity of the Yolo Party';n whose favor each was
entered, the number of defendants, and whelher they included declaratory relief, were
entered ("Judgments"). Appeals of the Judgments by the Solano Parties are currently
pending before the Court of Appeal of the State of California, Third Appellate District
("Appellate Court"), No. 3 Civil C025527.

Appeals of subsequent orders awarding

attorney fees and costs also are pending in the Appellate Court, No. 3 Civil C025791.

On February 28, 1999, SCWA renewed its water service Contract No. 14-06-

200-4090R

("USBR Contract") with the United

States

Bureau

of Reclamation

("USBR").

N.

On May 6, 1999, SCWA filed a Complaint for Determination of Validity of

Contract pursuant to Code of Civil Procedure Section 861 in Solano County Superior
Court No. 012612 to validate the USBR Contract ("Validation Action").

The court

approved an extension of the time within which the Putah ..-Creek .Council and the City
of Davis may file oppositions to the validation actions to allow for settlement
discussions.

O.

PCC and Davis are prepared to file protests to thJ Validation Action.

P.

M. the request of SCWA, the USBR asked the State Water Resources

Control Board ("SWRCB") to initiate licensing of the water rights for the Solano Project,
Permit Nos. 10657, 10658, and 10659 ("Water Rights"), and it is anticipated that
SWRCB will process that request.
Page

of

17

13/23/001

Q.

The parties wish to reach a settlement that will allow the following to occur:

(i)

Establishment

of the

minimum

Solano

Project

releases

and

minimum instream flows for Putah Creek downstream of the Putah

Diversion Dam ("lower Putah Creek") that are set forth in the attached

Exhibit "A" (jointly, the "Instream FIOws"), and implementation

of

management measures for the benefit of fish and riparian habitat in

and adjacent to the creek;

(ii)

Amendment of the Judgments in the Puta Creek Water Cases to

reflect the Instream Flows, thereby allowing and requiring dismissal
of the pending appeals;

(iii)

The licensing of the Water Rights, with inclusion of the agreed upon
Instream Flows; and

(iv)

Validation of the USBR-SCWA Contract to p oceed.

NOW, THEREFORE, the parties agree as follows:

1.

Settlement of Numerous Matters. The parties intend this as a settlement of

the following matters:

a.

The Putah Creek Water Cases, Sacramento Superior Court Case

No. JC 2565.

b.

The appeals of the Putah Creek Water Cases pending before the
Court of Appeal of the State of California, Third Appellate District,
Case Nos. 3 CIVIL C025527 and 3 CIVIL 025791.

Page

4 of 17

131231001
c.

The Complaint for Determination of Validity of Contract pursuant to

Code of Civil Procedure Section 861, SOlaro County Superior Court
No. 012612.

2.

Amended Judgments.

a.

The Parties have agreed upon proposed amended Judgments for

each of the actions noted above.

These proposed amended Judgments

are attached hereto as Exhibits "B", "C" and "D", and are hereby fully
incorporated herein by reference.

Attached to each of these proposed

amended Judgments is an identical Exhibit "A" which sets forth, among

other things, the terms of the permanent injunction governing Instream
Flows in lower Putah Creek and monitoring req uirements.

This same

Exhibit "A" is attached hereto as Exhibit "A" to this Agreement and is hereby
fully incorporated herein by reference.

b.

Within ten (10) days after execution of this Agreement by all parties,

the Yolo and Solano Parties shall jointly request the Appellate Court to
remand Case Nos.

3 CIVIL C025527

and

3 CIVIL C025791

to the

Sacramento County Superior Court, the Honorable Richard K. Park, for the
specific purpose of considering and acting upon the parties' joint request
thaUhe Judgments be amended as set forth in Exhibits "B", "C" and "D"
hereto.

c.

Within ten (10) days after receipt of the Appellate Court's response to

the above referenced request, if such response allows for Superior Court
jurisdiction to amend the Judgments, the parties shall jointly petition the
Sacramento County Superior Court to amend the Judgments in accordance
with the Amended Judgments set forth in Exhibits "B", "C" and "D" hereto.

Page 5 of 17

[3/23/00[

d.

[f the Superior Court amends the JUdgmeTs in the manner set forth

in Exhibits "B", "C" and

"

"

hereto, or if the Siperior Court amends the

Judgments In any other manner that is accepted in writing by all of the

parties to this Agreement, then within ten ( 10) days after the Superior

Court's entry of the amended judgments, the So l ano Parties shall dismiss
with prejudice the appeals in the Putah Creek w ter Cases in Case Nos. 3
CIVIL No. C025527 and 3 C[VIL C025791.

3.

Within ten (10) days after

Conformance of Solano Project Water Rights.

amendment of the Judgments in accordance with subsection 2.d. above, SCWA shall
send this Agreement to the USBR along with a formal request on behalf of all Solano
Parties that the USBR promptly file a petition with the SWRCB to amend the Water
Rights, specifying that the content of that petition shall be the same as the petition

attached hereto as Exhibit "E" (the "Petition"). The Yolo prties shall provide written
notification to the USBR that they support the Petition. After the USBR files the Petition
with the SWRCB, all parties shall promptly inform the SWRCB in writing that they
support amendment of the Water Rights to conform to the provisions of the Petition.

4.

Licensing Process. [f the USBR petitions the SfRCB to amend the Water

Rights in the manner described in Exhibit "E" hereto, then no party to this Agreement
wil[: (a) oppose the licensing of the Water Rights by the SWRCB, including the vesting
of the Water Rights in -the name of SCWA and the Solano Project Participating
Agencies, so long as the licensing is consistent with the terms and conditions of this
Settlement Agreement; (b) oppose amendment of the authbrized places of use in the

Water Rights to include the areas designated in EXhibi "F" hereto; or (c) oppose
adding frost protection, municipal, industrial, agriculture, irrigation or recreation to the

authorized purposes of use in the Water Rights; Provided however, any party to this
Agreement may file a protest with the SWRCB, or otherwise participate in the SWRCB
proceedings in order to insure that the SWRCB, in fact, atends the Water Rights in
manners that are consistent with this Settlement Agreement. including Exhibits "E"

Page

6 of 17

[3123100)
and "F", or to ask the SWRCB to include terms or conditions in the licenses that
provide for equal treatment of all Solano Project Participating Agencies.

5.

Compliance with Provisions of Agreement. Immediately upon execution of

this Agreement, SCWA and SID shall operate the Solano Project to maintain the
Instream F[ows that are set forth in the attached Exhibit "A", and a[[ the parties shall,
as provided for herein, take the necessary actions to implement all o f the provisions of
this Agreement

6.

Notice to Riparian Landowners

Within 60 days after the filing of the

Amended Judgments associated with the Appel[ate Court's consolidated appeal in

Case NO. 3 CIVIL No. C025527, SCWA shall notify all riparian landowners within
lower Putah Creek that it intends to bring legal action against any illegal diverter
whose action adversely affects the Solano Project's ability to meet its obligations
under the Amended Judgments. The notification letter shall explain the means by
which SCWA will make a determination of illegal diversions. The term "illega[
diversion" shall mean a diversion determined to be illegal upon the application of the
formulas contained within the attached Exhibit "A-2".

7.

Validation Action. Upon execution of this Agreement, no party will oppose

entry of a default judgment in the Complaint for Determination of Validity of Contract

pursuant to Code of Civil Procedure Section 861 in SOlro County Superior Court
No. 0126 12.

8.

Habitat Conservation Plan.

a.

SCWA is currently working with various Cities and districts within

Solano County and the United States Fish and Wildlife Service ("USFWS") to develop
habitat conservation plans pursuant to Section 10 of the fJdera[ Endangered Species
Act, 16 U.S.C.

1539. The habitat conservation plans may a[so involve the National

Marine Fisheries Service ("NMFS") and the California Department of Fish and Game
("DF&G") if species under their jurisdictions are involved. To the extent that SCWA or

Page 7 of 17

[3/23/001

participating Cities and districts within Solano County include fishery and riparian
actions on Lower Putah Creek in these habitat conservation plans, the Yolo Parties
shall inform the USFWS (and NMFS and DF&G, if appro priate) that the Exhibit "A"
flows, and any management measures that may be approved by the LPCCC, subject
to the terms set forth in Section 9 hereof, are acceptable elements of those habitat
conservation plans.
b.

As part of this habitat conservation planning process, SCWA may

seek a Safe Harbor Agreement from the USFWS, pursuant to the proVisions of 50
C.F.R.

17.22, 17.32; see also

Final Safe Harbor POlicY

National Marine Fisheries Service, 64 FR

32713,

June

l Fish and Wildlife Service,

11 ,

1999 (hereinafter "Final

Safe Harbor Policy"), and from the National Marine Fisheries Service pursuant to its
Final Safe Harbor Policy.

Both the habitat conservation planning as well as the

development of the Safe Harbor Agreement may rely upon the Exhibit "A" flows as well
as other terms and conditions of this Settlement Agreement. The Yolo Parties shall
not oppose the instream flow provisions of any habitat cO nservation plan developed
by the Solano Parties as long as that plan includes the provisions of this Settlement
Agreement, and the Yolo Parties shall not oppose the instream flow provisions of any
Safe Harbor Agreement that complies with and includes the terms and conditions of
this Settlement Agreement.

In this regard, the Yolo Parties shall not object to the

utilization of the Exhibit "A" flows without Exhibit "A" "Supplemental Flows," set forth in
Section C of Exhibit "A" hereto, as part of the "baseline con ditions" for both the habitat
conservation plan and the Safe Harbor Agreement, and the. Yolo Parties acknowledge
that SCWA may seek a Safe Harbor Agreement that encompasses these Exhibit "A"
Supplemental Flows.

9.

Term.

a.

The term of this Agreement as it ad resses

the provisions

of

Supplemental Flows, set forth in Section C of Exhibit "A" hereto, shall be for
a period of twenty

(20) years.

A reasonable time before the expiration of the

twenty-year period, but in no case later than one year before the termination
Page 8 of 17

[3123100[

of the twenty-year period, the parties shall meet and confer regarding
potential amendments to the Supplemental Flows set forth in Section C of
the attached Exhibit "A". If the parties are unable t o agree to amendments,
then the Supplemental Flows set forth in Section

ci

o f Exhibit "A" hereto shall

continue to be maintained after the expiration of the 20-year period, but also
shall be subject to amendment by the SWRC8 or a court of competent
jurisdiction in accordance with applicable

laws

and

the provisions

of

Section 10 of this Agreement shall cease to apply and be of no further force

or effect with respect to the "supplemental fiows" set forth in Section C of the
attached Exhibit "A".

b.

Except as specified above, the term of this Agreement shall be in

perpetuity.

c.

Notwithstanding

any

other

provision

of

this

Agreement,

if

the

Appellate Court denies the parties' request to remand Case Nos. 3 CIVIL
C025527 and

3 CIVIL C025791 to the Superior Court or if the Superior Court

denies, in full or in part. the parties' petitions to re place the Judgments with

the Amended Judgments set forth in Exhibits "8", "C" and

the parties shall meet and confer with respect to

"

D hereto, then
'

ow best to proceed, and

shall consider modification of this Agreement or other measures to obtain

approval of the remand or petitions, and if the parties can reach agreement
thereon, shall seek the appropriate Court's approval.

If the parties' request

to the Appellate Court for a remand to the Superior Court or the parties'
petition to the Superior Court is denied, and the parties do not agree to
modification of this Agreement or other measures which result in approval
of the remand or petitions. then the parties shall no longer be bound to the
terms of this Agreement.

Under

the circums tances

described

in the

preceding sentence, nothing in this Agreement or any Exhibit hereto shall

be construed as a waiver of any right or claim that any party otherwise may
have or assert with respect to the pending appeals, nor shall any of these

Page

9 of 17

13123100]
documents or other settlement documents or discussions

among the

parties to this Agreement and with the USBR be utilized, in any way, in these

pending appeals o( in any other related proceedi g.

1 0.

Restrictions Upon Seeking Changes to Flow Regime.

a.

The parties to this Agreement, for the purposes of settlement have

agreed upon the instream flow regime set forth in Exhibit "A" as an appropriate
minimum flow regime for lower Putah Creek.

During the applicable term of this

Agreement as set forth in Section 9 above, no party to t h is Agreement will directly

assert a claim or request of any kind, whether by petition, complaint or otherwise,
directed to any local, state or federal agency or court, which seeks to reduce or
increase the minimum instream flows in

Lower Putah Creek

required

to be

maintained by the Solano Project as set forth in Exhibit "A". Accordingly, no party shall
support actions, claims or requests directly or indirectly through testimony, funding o(
otherwise, which seek to reduce or increase the instream flows required by Exhibit
"A", including by way of illustration, but not limited to:

i.

a complaint or petition to the State Water Resources Control

Board;

ii.

a complaint or petition to the califor ia Department of Fish and

Game;

a complaint, petition, or request to the United States Fish and

I
Wildlife Service or the National Marine Fisheries Service to list as
iii.

threatened or endangered any species then known to exist in Lower

Putah Creek, or to include Lower Putah Creek as critical habitat for
any listed species;

a complaint or motion before any state or federal court;

Page 10 of 1 7

[4111100]

SETTLEMENT AGREEMENT AND STIPUlATION

v.

contract negotiations or otherwise.

b.

a proposal, request or complaint to he USSR in the context of

The restrictions in Section 10.a. do not a pply to actions, claims or

requests that do not seek, directly or indirectly, to reduce or increase the instream flow
and other requirements set forth in Exhibit "A".

For example, nothing herein shall

preclude the parties to this Agreement from participating in proceedings dealing with
the topics of water quality, riparian water rights, habitat improvement or restoration
other than changes in Instream Flows, or issues of general state-wide or regional
concern or application, or in proceedings involving any creek or stream besides lower
Putah Creek, even if positions taken by parties in those proceedings are inconsistent
with the end results obtained in this Agreement and even if those other proceedings
may have the effect of establishing policies or precedents that are inconsistent with
the end results obtained in this Agreement

11.

Maximum Solano Project Diversions. The parties agree that the maximum

amount of water that may be put to beneficial use from the Solano Project for
municipal, industrial and agricultural purposes, by direct diversion from Putah Creek
or by withdrawal from storage, pursuant to any water rights licenses to be issued by
the SWRCS on Permit Nos. 10657, 10658, and 10659, shall be approximately
248,000 acre feet per year, and that this amount shall be the maximum amount, in any
year, that Solano Project water users will be able to take (through direct diversion and
storage withdrawals) from the Solano Project

Any use of carryover water shall be

included under this limit

12.

Additions to Place of Use and Pojnt of Re-Diversion.

a.

Subject to the qualifications expressly stated in this paragraph, the

Solano Parties shall support any action taken by the Regents to add, to the authorized
places of use for Solano Project water in the Water Rights and in the USSR contract,

any additional lands that have been, or in the future may be added to the University of
California, Davis campus (including the Russell Tract), and to add the pumps that

Page

11 of 17

__

13/271001

SETILEMENT AGREEMENT AND STIPULATION

pump water from lower Putah Creek to the Russell Tract to the authorized points of re
diversion in the Water Rights and to the point of delivery i the USBR contract. Such
support shall include agreement by SCWA to any necessary amendments to the
USBR contract to make these additions and any necessary requests by SCWA to the
USSR to file a petition with the SWRCS to make the neceshary chan es to the Water
Rights. The Solano Parties' support that is described in tis paragraph is expressly
conditioned upon the development of reasonable conditions so that the Regents will
be responsible for: (a) appropriate mitigation measures to address any impacts on
the fishery resources of lower Putah Creek from the diversion of Solano Project water
from lower Putah Creek at the Russell Tract; and (b) separately accounting for the
Regents' diversions pursuant to riparian rights and the Regents' diversions of Solano
Project water. In addition, deductions from the Regents' Solano Project water account
shall be made for any channel losses that are caused by the conveyance of Solano
Project water from the Putah Diversion Dam to the Russell Tract for diversion by the
Regents at the Russell Tract.

b.

The parties to this Agreement agree that whenever the Regents'

diversions of Solano Project water from lower Putah Creek at the Russell Tract are
less than or equal to 20 cubic feet per second ("cis"), the channel losses described
above shall be deemed to be 10 percent of the amount of Solano Project water that
the Regents divert from lower Putah Creek at the Russell Tract. The parties to this
Agreement-also agree that, if the Regents' diversions of

r'olano

Project water from

lower Putah Creek at the Russell Tract ever are greater than 20 cfs, then SCWA and
the Regents shall measure the streamflow losses in lower Putah Creek between the
Putah Diversion Dam and the Regents' diversion at the Russell Tract, and the
channel losses described above shall be deemed to be 10 percent of the first 20 cfs
of Solano Project water that the Regents divert from lower Putah Creek at the Russell
Tract, plus any incremental streamflow losses

that are caused by releases

of

additional Solano Project water from the Putah Diversion D m to provide for additional
diversions by the Regents at the Russell Tract above a 20 ofs diversion rate.

Page

12 of 17

[3123100[
13.

Binding Upon Successors

Parties Her o.

This Agreement shall

be

binding upon and shall inure to the benefit of, and be enfor eable by the successors,

assigns, administrators, trustees or receivers of the part es hereto, subject to the

terms hereof. Only the entities that are parties to this agreement are bound by the
provisions hereof. The parties acknowledge that nothing in this agreement limits or
condilions actions by individuals not acting in a representative capacity of any party
hereto, including inter alia faculty members of the University of California, employees,
directors, board or council members, and other individuals exercising any right or
seeking any remedy that is available to them under state or federal law; provided,
however, that nothing herein is intended to be construed as a waiver of any defenses
that otherwise might be available against such individuals including, but not limited to,
assertions of collateral estoppel.

14.

ispute Resolution. If any party to this Settlement Agreement seeks to

enforce any aspect of this Settlement Agreement or any aspect of Exhibits "8", "C" or

"0", or has any concern or complaint with respect to any issue that is related to this
Settlement Agreement or Exhibits "8", "C" or "0", then it may first raise its claims or
concerns with the LPCCC.

The LPCCC shall promptly consider the claims or

concerns raised by the complaining party and attempt to resolve those claims or
concerns in an expeditious fashion.

15.

Counterparts. This Agreement may be executed simultaneously in one or

more counterparts, each of which shall be an original, but all of which together shall
constitute one and the same document.

16.

Complete Agreement. This Agreement contains the entire understanding of

the Parties related to their interests, obligations and rights in connection with the
subject matter set forth herein.

All prior communications, negotiations, stipulations

and understandings, whether oral or written are of no force or effect and are
superseded, except as referenced herein.

Page 13 of 17

[4/11/00J

SETTtEMENT AGREEMENT AND STIPUtATION

17.

Disability of Putah Creek Council

If the PCC is d

Lolved, is suspended

by

the Secretary of State, is no longer a corporation in good standing, or for any other
reason is unable to conduct its affairs for a period of at least six months, then the
remaining parties to this Agreement are excused from any obligation to seek the
consent of the PCC to mOdify this Agreement, or to take any other action for which the
PCC's consent, vote or participation would otherwise

be required under this

Agreement.

18.

No Admission.

Each party acknowledges that neither this Agreement, nor

actions taken pursuant to this Agreement, shall be taken or construed to be an

admission or concession of any kind with respect to alleged liability or alleged
wrongdoing by the other, except as may be necessary in an y action seeking to enforce
the terms of this Agreement, or the terms of any of the exhibits hereto.

19.

Settlement of Disputes Concerning SCWNUCD Solano Project Contract.

This Agreement shall not become effective unless and unt l the Regents and SCWA
execute a separate agreement settling Regents of the University of California v.
Solano County Water Agency, Sacramento County Superior Court No. 99AS02824,

and resolving Solano County Water Agency v. All Persons Interested in the MaNer of
the Contract Between the

Solano

County

Water Agency and the University

of

California for the Delivery of Water from the Solano projec!, Solano County Superior

Court No. C12608.

SOLANO COUNTY WATER AGENCY

By

__
______ ____
____

Chairman

Attest:

-=-

_
_

-,---

_
_
_
_

Secretary

Page 14 of 17

[4111100]

SeTILEMENT AGREEMENT AND STIPULATION

SOLANO IRRIGATION DISTRICT

By

___
__________ __

P resi dent

Attest: ---::---"
-c-
Secretary

MAINE PRAIRIE WATER DISTRICT

By

Presi dent
_

______

_
_____

Attest:

-,-

_
_

_
_
_ _ __

Secretary

CITY OF FAIRFIELD

By

______ ____ ______

___

Mayor

Attest: _

--:-:
--:-

C[ rk

___

__

CITY OF VACAVILLE

By

____
__
____ __ __ _____

Mayor

Attest:

Clerk

Page 15 of 17

(3/23/001
CITY OF VALLEJO
A Municipal Corporation

By

__
__
______
__

David R. Martinez

APPROVED AS TO FORM: City Manager

Attest

--'-

____
__

___

JOHN M. POWERS, City Attorney; ALLISON VILLARANTE, City Clerk

APPROVED AS TO CONTENT:

CITY OF SUISUN CITY

By

______ __________ __

Mayor

Attest

--:-:-

_
_

_
_ ____

Clerk

PUTAH CREEK COUNCIL

By

_ _ ___
_
__ ____
_
_
__

Page 16 of 17

131231001

CITY OF DAVIS

By

__
______ __ _______

Mayor

Attest:

:c
-c
---:

--

---

Cle rk

THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

------

Page

17 of 17

1311 3/(0)

Exhibit "A-I"

Effects of Illegal Diversions of Water from Lower Putah Creek

on Solano Project's Obligations t o Maintain Exhibit A [nstream Flow Requirements

I.

The Solano Project shall satisfy all of the release and instream flow

requirements that are specified in Exhibit A at all times. whether or not any illegal diversions
of water from lower Putah Creek are occurring, except to the ex.tent that exceptions to the
instream flow requirements are authorized by this Exhibit "A-I". These exceptions shall
only be authorized during the irrigation season. "Irrigation season" shall mean the period
from March 1 through October 31 of each year.

2.

To determine the Solano Project's obligations to satisfy the instream flow

requirements specified in Exhibit A during limes when illegal diversions from lower Putah
Creek are occurring, an Illegal Diversion Account shall be established. Starting at the
beginning of the sixth irrigation season during which this Illegal Diversion Account is drawn
upon. the balance in this account shall be set to 1,000 acre feet at the beginning of each
irrigation season, regardless of the account's balance at the end of the prior irrigation season.
Prior to the sixth irrigation season in which the Illegal Diversion Account is drawn upon, the
balance in the Illegal Diversion Account at the beginning.oLe.achjrrigation season shall be

set to 2,000 acre feet. Any credits made pursuant to paragrap 9 of this Exhibit "A- I" for

any irrigation season shall be in addition to the initial balance_ SCWA shall maintain an
accurate accounting of all credits to and deductions from this account. and shall provide all
members of the LPCCC with an updated accounting of the credits to and deductions from
this account on at least a weekly basis whenever such credits

l,

deductions are made.

Exhibit "A-I", Page 1 of 6

{3113/00]

3.

At the beginning of each irrigation season, sew A shall provide written notice

to all ripar i an landowners of sew A's projections of the time pe riod during which such

landowners legally may divert from each reach of lower Putah Creek during the irrigation

season. This notice shall encourage each riparian landowner to provide

sewA with the

dates and amounts of the landowner's planned diversions of water from lower Putah Creek
during the irrigation season.
making updated

sew A may, in its discretion, provide additional notices,

sew A projections of the amounts of water that such landowners legally

may divert from lower Putah Creek, to these landowners as the irrigation season progresses.
The calculations in these notices shall be based on the formulas and procedures described in
Exhibit "A-2",

sewA shall provide a copy of one of each type of all such notices to all of

the members of the

LPCee at the same time that SCWA provides such notices to any

riparian landowners,

4.

The term "illegal diversion" in this Exhibit"A-I" means a diversion that is

illegal based on the formulas and procedures described in Exhibit "A-2", The sole purposes

of this de fi niti on are for imp l eme nti ng the provisions of this Exhibit "A-I" regarding

deductions from the Illegal Diversion Account pursuant to this paragraph 4 and modifying

the Solano Project's release requirements pursuant to paragraph.6 of thisExhibit "A-I", If

sewA has filed, and is diligently pursuing, a court action against a landowner with an illegal
diversion, and if

sew A has comp l ied with all of the provisions of paragraph 3 of this

Exhibit "A-I", and is complying with all of the provisions of paragraph 5 of this Exhibit UA_
1", then deductions shall be made from the Illegal Diversion

ccount for any amounts of

water that the Solano Project releases from the Putah Diversio? Dam into lower Putah Creek
during the irrigation season solely for the purpose of compe nsating for that i l le ga l diversion

Exhibit "A_I", Page 2 of6

[3113/001

while maintaining the instream flows specified in Exhibit "A". "Diligently pursuing" means
seeking, at the earliest possible opportunities, a temporary restraining order, a preliminary
injunction and a permanent injunction stopping the illegal diversion, and a declaratOry
judgment regarding the illegality of the diversion. If there is morc than one illegal diversion,
then all of the provisions of this paragraph shall apply to each illegal diversion.
5.

During any period during which deductions are being made from the Illegal

Diversion Account, sewA shall make streamflow measurements on a continuous basis at

sufficient locations along lower Putah Creek to make the calculations and detenninations
described in Exhibit "A-2". During such periods, sewA shall provide copies of all of the
streamflow measurement data, the calculations and determinations described in
Exhibit "A-2" and the accurate accounting of all credits to and deductions from the Illegal
Diversions Account to all members of the LPCCC at least once each week, and shall post all
such data, calculations and determinations on its Internet website. or make such information
available to members of the LPCCC and the public by similar
update such posted information at least once each day.
6.

ectronic means, and shall

If the balance in the Illegal Diversion Account ever reaches zero, then, during

the remainder of the irrigation season during which the Account balance reached zero and
while SCWA continues to diligently pursue the court action described in the paragraph 4
above and continues to make available the data, calculations, determinations and reports
described in paragraph 5 above. and while the court action is pending, the Solano Project
shall not be required to fully comply with any instream flow JqUirement that is specified in

Exhibit "A" for a point that is located downstream of any ille g al diversion that is subject to
Ihe courl action and Ihal occurs afler Ihe Illegal Diversion AC 0 unt balance reaches zero.

Exhibit "A-I", Page 3 of 6

[3113100J
Instead, under these conditions, the Solano Project shall release from the Putah Diversion

Dam into lower Putah Creek at least the amounts of water that would be sufficient to satisfy
all of the inSlream flow requirements in Exhibit "A", if the illeg [ diversion that is subject t o
the court action were not occurring. Under these circumstances, the Solano Project's release

obligations shall be adjusted as frequently as necessary to reflect changes in hydrological

conditions or changes in the rate of the illegal diversion. Immediately upon the cessation of
such illegal diversion, the conclusion, dismissal or cessation of diligent pursuit of the court
action, or the end of the irrigation season, whichever occurs first,. the Solano Project shall
satisfy all of the instream flow requirements in Exhibit "A". If court actions regarding more
than one illegal diversion are pending. then the provisions of this paragraph shall apply to all
such illegal diversions.

7.

Deductions from the lllegal Diversion Account for

an

illegal diversion may be

made only for a maximum of two years after the court action described in paragraph 4 above
is filed against the landowner with the illegal diversion. Even ii a final judgment is not
issued in such court action within two years after the action is filed. and even if such court
action is dismissed for any reason, the Solano Project nevertheless thereafter shall be
required tOJl1aintiljn alloLthe inslream flows described in Exhibit "An, and no further
deductions shall ever be made from the Illegal Diversion Account for any illegal diversion
thilt is or was the subject of the court action. However, if a new illegal diversion with neither
a point of diversion nor a place of use that is within the scope

01

the court action described in

paragraph 4 above occurs, then the provisions of paragraphs 4. Sand 6 above. and this
paragraph, shall apply to the new illegal diversion. If there i s

ore than one such new illegal

Exhibit "A_I", Page 4 of 6

13/23/001

Solullo County Water Agency's Methodology for Monitol-jng

.lnd Qmllllifying the Availability and Use of
Riparian \Vater in Lower Putah Creek

This documenl provides Ihe Solano CounlY Waler Agency's ("SCWA") explanalion
and basis for its methodology for monitoring and quantifying the availability and use of
riparian water in Putah Creek, downstream of the Putah Diversion Dam. sew A's
methodology. hereafter referred to as the Lower Putah Creek Riparian Water Program
("PRWP"), will be used by SCWA 10 (I) differentiale belween and quanlify Ihe availabililY
of riparian versus non-riparian waters in Putah Creek, downstream of the Putah Diversion
Dam, and (2) identify and quantify illegal water diversions, downstream of the Putah
Diversion Dam. sewA anticipates that implementation of the PRWP will increase the
efficiency with which the instream flow requirements of the So lano Project, as specified by
the Putah Creek Settlement Agreement, are satisfied. and facilitate the lawful diversion of
riparian water downstream of the Putah Diversion Dam.

1.0

OVERVIEW

1.1

Kev Elements of Lower Putah Creek Riparian Water Program

The PRWP consists of two components: Pre-irrigation ason water availability

rorecasts,

and real-time stream flow monitoring during the irrig nion season, where

'irrigation season is defined;.ls March 1 through October 31. Annual wmer availability

Exhibit "A2", Page 1 of 11

[3/23/00[
forecasts will be provided 10 ripari'ln waler lIsers prior to the irrigation season, so they and
olher interested pUI1ies can plan and, if necessary, make other arrangements for ob1<lining
irrigation water, before significant time ;.}nd financial resource s arc committed to the

cultivation of a given crop. Real-lime monitoring will be conducted to:

(1)

determine, on a

daily basis. the quantities of riparian water that are available to water users in Lower Putah
Creek, and

(2) differentiate and quantify, on a daily basis, legal versus illegal riparian

diversions.

1.2

Definition Qf Riparhm Water

For the purposes of the PRWP, riparian stream nows are defined as any surface waler
derived from precipitation or rising groundwater that, given prevailing hydrologic conditions,
would occur in Lower Putah Creek in the absence of the Solano Project. Non-riparian water,
such as trealed wastewater and agricultural return flows originati,ng from a non-riparian
source (e.g., pumped groundwaler that would not otherwise be tributary to the creek) cannot,
by definition, be diverted by riparian water right claimants and, therefore, is not included as a
source of riparian...w.aler from Lower PUiah Creek.

Z.O

WATER AVAILABI LITY FORECASTS

SCWA's riparian water availability forec asts for Lower HUlah Creek will be based on

rrtream of the Putah

stream flow conditions observed in the Putah Creek drainage, u

Diversion 011111. in the prior (i.c

..

antecedent conditions) and current water year. Forecasts

Exhibit "A-2", Page 2 of 11

will be made on January I , March I and May I . The January I

13/ 23/001

nd March I rorecasts, which

will be made before the current rainy season is over, will be based in part on projected stream
now conditions for the balance of the rainy season, while the May I forecast. the final

forecast for the waler year, will be based on actual runoff measured to date. Both the

January 1 and March I forecasts will include three scenarios, ba ed on the a sumption that
the balance of the rainy season will either be "wet" (25% exceedance). "norma'" (50%
cxcecdance) or "dry" (75% exceedance).

In order to address the differing sources and durations of riparian stream flows

(surface stream flows from Putah Creek and/or tributaries to Putah Creek, or rising

groundwater), Lower Putah Creek has been divided into five reaches. Water availability

forecasts will be made for each reach. Stream reach designations and the analytic framework

for making water availability forecasts are presented in "Attachment I".

3.0

REALTlME MONITORING

3.1

Quantibing A.vailable Riparian 'Vater Suppl\.l

Stream flows <lnd the associated stream flow gains and '

ses will be monitored by

reach, on a continuous basis. and the availability of riparian water and extent of illegal

diversions will be determined daily, using a series of water mas balance equations to track

the quantities or both riparian and nonriparian water entering ar leaving each stream reach,

L,;b;t

"A2", l'age 3 of l1

" "

13/23/001

"
use d to d C f"IIlC rlpanan water availabIlity. by stream reach,
A sum mary 0 , ( ,lC equatIons
"

presented

in Attachment 1 .

"

IS

Al lhaugh the determination of net riparian flow is based on real-time stream flow

measurements, there are situations where real-time stream flow measurements are not
practica l and therefore simplifying assumptions must be used, much as they are in the

Condition 12 Sett leme nt Agreement for the Upper Putah Creek drainage. For example,

under existing conditions it is difficult to measure accurately real-time stream flow losses in
the stream reach now inundated by Lake Solano. Consequently a "fixed" loss figure

previously adopted by the United Slales Bureau of Reclalllatio may be used in the waler
mass balance calculation ror this reach. In all cases, t he simplifying assumptions used to

quantify t he availability of ri parian water are purposely conservative in the sense that they
tend to overstate the availability of riparian stream flows. Overstati ng riparian water

availability is preferred, since it presumably increases the enforceability of the PRWP and its
acceptability to riparian water u sers

3.1.1

Data Collection

3,),1,1 Measurement of Rinarian I>iversions

Riparian diversions will either be measured directly, using an appropr iate meter and

assuming landowner/operator permission is obtained. or ind irectl y, via measurement of creek

stream flows in the vicinity or (he diversion. Riparian diversions typically constitute a

Exhibit " A-2",

Iagc

of

1l

13/23/001
readily measurable fraction of the 10tal strcam flow in ;my give
minute.

or

reach (500-2.000 gullons per

about 1 -5 cubic fect per second), and arc therefore easily detected by continuously

measuring stream nows entering and le<lving a given stream se nent.

3,),1,2 Measu rement ofAgricultural Return Flowsand

Wastewater Discharges

The agricultural return flows entering Lower Putah Creek are for the most part non
riparian water sources. as are the treated wastewater discharges from the University of
California - Davis (U.c. Davis) water treatment facility, which cnler Lower Putah Creek near
Old Davis Road. Nevertheless, these water sources must be quantified for water mass
balance accounting purposes. The University's treated wastewater discharges are measured
and recorded by the treatment plant operators. Most of the agricultural return flows are too
small and/or sporadic to warrant direct measurement, and will therefore be estimated, or if

iUS!

insignificant relative to the total creek stream flow, ignored. H WeVer, one notable exception
is the Willow Canal, which discharges into Lower Putah Creek

upstream of Pedrick

Road. Discharges from the Willow Canal, which is operated by the Yolo County Flood
Control and Water Conservation District (YCFC&WCD), will be measured as necessary .

3.1.1.3 Measu cement of Ground waf er Seepaee and

Evapotranspiration

The amounts of groundwater scepage (into or out of the treek) and watcr lost to openwater evaporation and transpiration by riparian vegetation vary gradually over time, in
comparison to the fluctuating gains and losses associated with \alcr diversions and

Exhibit "A-2", Page 5 of 1 1

[3/23/00[

,j

agricultural return nows. For the purposes of the PRWP, the nct flow gai n or loss from these
factors (groundwater seepage. evaporation and transpira<ion)

combined into a single term

that represents the natural or "background" net stream flow gain or loss ratc within a given
reach. Background gains and losses are most easily quantified as the di fference in stream
flow over a given reach (" lOp of reach" stream flow versus "bottom of reach" stream flow),
in the absence of any diversions or "intra reach inflows,"

Groundwater seepage along the reach from 1-505 to Stevenson Bridge lypically
transitions from nct loss (seepage out of the creek) to net gain (seepage into the creek). The
location of the transition point and the total amount of influent seepage along the gaining

stretch depend on the regional groundwater levels in the underl ing groundwater basin. This
reach will be subdivided into two sub-reaches when necessary to calculate riparian water
availability. The upstream end of the gaining segment will be detected by periodic stream
flow measurements and/or temperature changes in the creek.

3.1.1.4 Special Situations

pumpino from Riparian Wells

There is no clear boundary bctwcen wells thai induce additional seepage from the
creek and wells that pump regional groundwater; the percentag of pumped water that
consists of induced seepage decreases gradually with depth and horizontal distance from the
creek. A pragmatic approach adequate for the purposc of the P WP is to include in the
accounting the effects

of a wcJl if its effect on stream flow can be detected by the stream now

Exhib it " A-2",

('age

of 11

(41111ooJ
ATTACHMENT 1 TO EXHIBIT "A2"
1 .0

Pre Irrigation Season Predictions

A)

Objective:

To estimate future availability of riparian stream flows, bas on projected andlor prior
hydrologic conditions in the Putah Creek drainage. For pre Irrigation season prediction
purposes, assume riparian stream flows consist of surface runoff from precipitation and
rising groundwater
B)

Analytic Approach:
i)

Divide
a)
b)
c)
d)
e)

Lower Putah Creek into the following reaches:

Putah Diversion Dam to Highway 505 Bridge (a "losing reach")
Highway 505 Bridge to Stevenson Bridge (a "'gaining reach")
Stevenson Bridge to 180 Bridge (a "losing reach")
180 Bridge to Mace Boulevard (a "losing reach"
l
Mace Boulevard to Yolo Bypass (a "losing reach")

(Reach designations based on hydrogeologic features. proximity of suitable stream flow

gaging sites and existing riparian diversions. When necessary. reach " b" will be
subdivided into two sub-reaches.)

ii)

Predict average monthly flow and date of zero flow for each of the above riparian
water sources, in each of the five reaches:
Surface runoff: calculate using statistical relationships derived from
a)
historical data.

Stream flow recession curves derived from stream flow gaging data for
" At Winters" , " Near Winters" and "Near Davis" stream flow gaging
stations

Stream reach percolation/evapotranspiration loss estimating algorithms

developed for the Solano County Water gency ' s Lower Putah Creek
stream flow model

4-

b)

C)

,I

Rising groundwater: calculate using statistic l relationships derived from

historical data.

Stream reach groundwater gain/loss estimating algorithms developed

for the Solano County Water Agency's L wer Putah Creek streamflow
model

Timing of Pre Irrigation Season Predictions:

i)

January 1 Predictions based on hydrology of water year to date and three

scenarios for the remainder of the year's rainy season: "wet year" (25% Lake

Attachment I to Exhibit "A2". Page

I of 5

14/1 11001
13crrycssa inflow cxccedancc), " normal year" (50% Lake Berryessa inflow
excccdan cc) and "dry year" (75% Lake I3crrycssa inflow cxce cda ncc)
ii)

March 1 Predictions based on hydrology of water year to date and proj ec ted
25%, 50% and 75% cx c cedance runoff rales for the remai nder of the year's rainy
-

season
iii)

2.0

May I - Final prediction based on hydrology of the water year Lhrough April

Methodology for Quantif

ying Rinarian Streamflows During Irrigation Season

Note: Riparian stream flows are defined here as any surface water derived from
precipitation or rising groundwater that, given prevailing hydrologic conditions, would
occur in Lower Putah Creek in the absence of the Solano Project. Non riparian water,
such as treated wastewater and agricultural return flows originating frolll a non riparian
source (e.g., pumped groundwater) cannot, by definition, be diverted by riparian water
right claimants and therefore, are not included as a source 9f riparian water from Lower

Putah Creek.
A)

Overview:
i)

Calculate, on a daily basis, pre Solano Projec t stream flows (i,e., stream flow that
would occur if there were no dams - no Solano Project) at the Putah Diversion
Dam site

ii)

Compare computed daily pre Solano Project stream flow (i.e., stream now that
would occur if there were no dams - no Solano Project) with current Putah
Diversion Dam release - delemline what fraction of the current release is stored
water or any other non riparian water source. versu riparian stream flows

iii)

Using real-time stream flow monitoring data to quantify prevailing

percolation/evapotransp iration losses and any non riparian water sources,
calculate ripa rian flows by stream reach. The total quantity of riparian water in
any given reach is defined here as the sum of all riparian water sources less
perco l at ion/evapotranspi rat ion losses.

B)

Analytical Approach:
i)

Riparian stream flows at Putah Diversion Dam site

+ JOTI - JOel

USRSF

LBI

Where: USRSF

Riparian stream flow at Putah D iversiol1 Dam

LBI

9
1

Computed/measured Lake Berrycs a inflow

(less any associated non riparian f1 w)
IDTI I n ler Dam Reach tributary inflow
(less any associated nOll riparian fl( w)
=

AU:lchmcnt

I 0

Exhibit "A2"", Page 2

of5

141 1 1 1001

JDeL

channel percolation/evapotranspiration losses that would

occur in the Inter Dam Reach i n thb absence of Lake Solano

( A stream gage will be placed on Pleasants Creek to facilitate real-time estimation of inflow
from inler-dam tributaries. For accounting purposes, seepage and eaporation losses from Lake
Solano are assumed to be constant and will therefore be characterit.cd by a fixed continuous loss
rate tefm).
ii)

Riparian stream flows in first reach downstream of Putah Diversion Dam (Putah
Diversion Dam to 505 Bridge)
I RRSF = USRSF + TRSF + I RAG - I RCL
Where: I RRSF

Computed riparian stream flow in Reach I

USFSF = Computed riparian stream flow at Putah Diversion Dam
TRSF = Measured stream flow from tributaries (Dry Creek, McCune aka
Pleasant Creek), less any associate non riparian flow
1 RAG = Ag return flow water originating from a riparian source in
= reach 1
1 RCL Measured channel percolation/evapotranspiration losses in
reach 1
=

Notes:
( I ) Agricultural return flow water that originates from a riparian water source
(riparian water diverted from Putah Creek or associated tributaries) is
classified as riparian water and therefore can be lawfully diverted by other
riparian water right claimants.
iii)

Riparian stream flows in second reach downstream f Putah Diversion Dam (505
Bridge to Stevenson Bridge)
2RRSF = I RRSF - l RD (+1-) 2RCL + 2RAG
Where: 2RRSF = Computed riparian stream flow in Reach 2
1 RRSF = Computed riparian stream flow iry Reach 1
2RCL = Combined sum of groundwater "gains", channel
percolation/evapotranspiration loscs in reach 2
2RAG = Ag return flow water in reach 2 onginating from a riparian
source
1 RD = Riparian diversion in Reach 1

Notes:
(I )

There are no significant tributaries entering utah Creek in this Reach

(2)

Due to the spatial and temporal variability of rising grollndwater, portions

of the so called "gaining reach" (generally the upstrcaml1lost third of the
reach) frequently lose rather than gain watcr Accordingly. there are
instances when soml.! of tllc riparian divcr,cr within Rcach 2 have access

l1

l\uachlllcl1l I . blub,. ",,] . Page 3 of)

1411 11001

to rising groundwater, while others do not. fhcn n ecessary Reach 2 will

be broken into two sub reache s for the purpc or quantifying riparian
stream naws.
Riparian stream nows in third reach downstream of Putah Diversion Dam
(Stevenson Bridge to 1-80)
3RRSF = 2RRSF 2RD - 3RCL + 3RAG
.

iv)

Where: 3RRSF = Computed riparian stream flow in Reach 3

2RRSF = Computed riparian stream flow in Reach 2
2RD =- Riparian diversions in Reach 2
3RCL = Measured channel percolation/evapotranspiration losses
in reach 3
3RAG = Ag return flow water in reach 3 oI1iginaling from a riparian
source
v)

Riparian stream flows in fourth reach downstream of Putah Diversion Dam (1-80
to Mace Boulevard)
4RRSF 3 RRSF- 3RD - 4RCL + 4RAG
=

Where: 4RRSF Computed riparian stream flow in Reach 4

3RRSF = Computed riparian stream flow in Reach 3
3RD Riparian diversion in Reach 3
4RCL = Measured channel percolation/evapotranspiration losses
in reach 4
4R.AG = Ag return flow water in reach 4 originating from a riparian
source
=

vi}

Riparian stream flows in fifth reach downstream of Putah Diversion Dam (Mace
Boulevard to RM 0.0 aka Yolo Bypass)
5RRSF 4RRSF- 4RD -5RCL + 5RAG
=

Where: 5RRSF = Computed riparian stream flows in Reach 5

4RRSF = Computed riparian stream flows in Reach 4
4RD Riparian diversions in Reach 4
5RCL = Measured channel percolation/evapotranspiration losses
in reach 5
5MG = Ag return flow water in reach 5 ofiginating from a riparian
source
=

Note:

The above formulas will be adjusted as necessary to reflect changing conditions

such as new or terminated diversions or discharges.

Attachment 1 to Exhibit "A-T'. Page 4 of 5

[4/ 1 1 /00)
1 .0

Methodology for Quan'irving Illega l Riparian Diversion Du ring I rriglltion Season

Note:

A)

Diversions in excess of the available riparian stream flow (i.e . . diversion of water
released from storage or other non riparian flow) arc considered illegal

Overview:
For each reach, calculate difference between daily riparian d,iversions and computed
riparian streamflow. If riparian diversions exceed computed riparian streamflow, the
difference is considered to be the result of illegal diversions.

B)

Analytical Approach:
i)

Illegal riparian diversions in first through fifth reaches downstream of Putah

Diversion Dam
If: (ith)RD>(ith)RRSF
Then: (ithIRD) = (ithRD) - (ithRRSF)
Where: (ith)RD = Riparian diversions in Reach 1 . 21 3. 4 or 5
(ithRRSF) Computed riparian streamflow in Reach I . 2. 3. 4 or 5
(ithIRD) Computed illegal diversions in Reach 1 , 2. 3, 4 or 5
=

YI

The Solano County Water Agency is under no obligation to enforce. against any illegal riparian
diverters whose actions do not adversely affect the Agency's abilit to comply with any
contractual or legal obligation.

Anachmcnt 1 10 Exhibit AT'. Page 5 of5

"

[3123/001

Exhibit "8"

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SACRAMENTO

Coordination Proceeding Special Title (Rule 1550(b

PUTAH CREEK WATER CASES
______

PUTAH CREEK COUNCIL,

Plaintiff,

v.

SOLANO IRRIGATION DISTRICT and SOLANO

COUNTY WATER AGENCY,
Defendants.
-------

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Judicial Council Coordination

No. 2565
Sacramento County Superior Court
No. 5 1 5 766

AMENDED JUDGMENT

The case of Putah Creek COL/ncil v. Solallo Irrigation Distriat alld Solano County Water
Agency,

Sacramento County Superior Court No. 5 1 5766. was regu larly tried before the Court

siuing without a jury. This trial occun"ed in coordination with the trials of all the causes of action

of the cross-complaint filed by the City of Davis, and the second cause of action" of the cross
complaint filed

by the Regents of the University of California, in Solano Irrigation District, et af. v.

The Names OfAll Appropriative Water Rig/us Holders In Upper Basin, et al.. Solano County

Superior Court No. 108552. This Amended Judgment. however, is entered only in Purah Creek
COlillcil v. Solano Irrigarion District alld So/allo COUnTy Water Agency, Sacramento

County

Superior COUI1 No. 5 1 5766.

The trial was held on March 4, 1996 through April S, 1996. Appearing

as

attorneys for

plaintiff Putah Creek Council were Beveridge & Diamond, by Daniel J. O'Hanlon, Lawrence S.

Bazel, and Brett P. Moffatt. Appearing as attorneys for defendants Solano Irrigation District and
Solano County Water Agency were Minasian, Minasian, Minasian, Spruance, Baber, Meith &
Soares, by Timothy O 'Laughlin and William C. Paris, III.
Exhibit

"S",

Page 1

of 10

[3123/00J
Following the trial . the Court, having heard the testimony and considered the evidence,
rendered its Judgment in this action. Judgment was entered on August 23, 1996. The defendants
appealed from the Judgment.
On December 4, 1996, the Court entered an Order Awarding Attorneys Fees, awarding
fees and costs to the Putah Creek Council, its attorneys, and its experts. The de(endants appealed
from that Order.
While the Judgment was on appeal, and before any decision on the appeal, the parties
reached a stipulated settlement of the issues raised in this action. Pursuant to the tcnns of the
settlement, the Court of Appeal remanded the action to this Court for the limited purpose of
considering the proposed settlement.
By motion filed on

the parties jointly requested that the Court amend its

Judgment in this action and its Order Awarding Attorneys Fees to confonn to the terms of a
settlement stipulated to among the panies. The Court has considered the proposed amendments to
the Judgment and the Order, the briefs and evidence offered by the panies in support of the
proposed amendments, and the oral presentations of counsel for the parties. The Court finds that
the proposed amendments to the Judgment and the Order are consistent with the requirements of
Article X, Section 2 of California Const itution, the public trust doctrine, and section 5937 of the
California Fish and Game Code. Accordingly, the COUl1 finds that the Judgment and Order should
be amended as requested, and that the Amended Judgment requested and stipulated to by the
parties should be entered.
WHEREFOR, the Judgment entered in this action on August 23, 1996, and the Order
entered herein on December 4, 1996,

are

hereby AMENDED and supellieded by this Amended

Judgment, and the Court now ORDERS AND ADJUDGES AS FOLLOWS:

J.

PERMANENT INJUNCTION

The Solano Irrigation District ("SID") and Solano County Water Agency C'SCWA")
forthwith shall modify their operations of, and other conduct regard ing, the Solano Project as
specified in Exhibit "A" anached hereto and incorporated herein fu lly by reference.

Exhibit " B", Page 2 of 1 0

[JI2J/OO)
II

ENFORCEMENT ACTIJNS

The Putah Creek Council shall not pursue an action or proceeding for contempt of this
Amended Judgment based On a violation or violations of one or more of the minimum mean daily
Ilows requirements established in Exhibit "A" sections A.(2), B.(2), C.(I), C.(2), C.(3), C.(4)
and 0.(3), or one or more of the minimum instantaneous flow requirements established in
Exhibit "A" sections A.(2), B.(2), C.(I), C.(2), C.(3) and C.(4), so long as: (a) the four day
running mean flow at the relevant compliance point equaled or exceeded the applicable minimum
mean daily flow; and (b) the instantaneous flow at the relevant compliance point was not more
than 5 cfs less than the applicable minimum mean daily flow if (be violation occurred during the
period from January through July. and was not more than 3 cfs less than the applicable minimum
mean daily flow if the violation occurred duling the period from August through December.
LOWER PUTAH CREEK COORDINATING COMMlTIEE

III.
A.

The parties shall, w ith in six. months after the filing of this Amended Judgment,

form a Lower Putah Creek Coordinating Committee C'LPCCC') to carry out the responsibilities
assigned to the LPCCC under this Amended Judgment. The LPCCC shall be organized and
governed in a manner that, at a minimum, incofJXJrates the following:
(I)

Membe rship: The LPCCC shall consist of ten members with five members

representing the Putah Creek Council, the City of Davis, and the Regents of the University of
California (the "Yolo parties") and five members representing the Solano County Water Agency,
the Solano Irrigation District, the Maine Prairie Water District, and the Cities of Vacaville,
Fairfield, Vallejo and Suisun City (the " Solano panies"). The selection of the Yolo parties'
representatives shall be undertaken in a manner to be detennined by the Yolo parties; the selection
of the Solano parties' representatives shall be undertaken in a manner to be determined by the
Solano panies

(2)

Voting:
(a)

Full LPCCC Membership: Matters before the LPCCC shall be

deemed approved only if a majority of the Yolo members and a majority of the Solano members
approve the action.

A quorum shall be deemed present if a minimum of duee members are present

Exhibit "S", Pagt 3 of 10

[3123/001
from each side. Alternates may be selected and shall have the votin g rights of the regular members

not in attendance.
(b)

Rotation of Chairrmmship: A chairman and vice-chairman shall be

elected (or selected by agreement of aU LPCCC members) to serve on an annual basis. If the first
chairman elected (or selected) is a Solano party representative, then the first vice-chairman shall be
a Yolo party representative, and conversely if the first chairman selected is a Yolo party
representative, then the first vice-chairman shall be a Solano party representative. Thereafter, the
chairman and vice-chainnan shall alternate between a Yolo party representative and a Solano

party

representative. lbe chairrt;lan and vice.-chainnan togemer shall constitute an executive corruninee.
In situations where emergency actions must be taken before the LPCCC or the Core Group can be
convened, either in person or by conference telephone call. the executive committee shall be
authorized to act without the full LPCCC or the Core Group. In that event, the executive
committee immediately shall report its actions to the full LPCCC by fax or e-mail, and shall obtain
ratification or further directions from the full LPCCC.
(c)

Core Group: A "Core Group" shall be fanned. It shall be

comprised of six members, of which three shall be representatives of the three Yolo parties. and
three shall be selected by the Solano parties' representatives. At the ldiscretion and written request
of any member of the Core Group, a matter otherwise subject to vote by the full LPCCC shall be
dealt with solely by the Core Group. Any action dealt with by the Gore Group shall only be
approved if at least two of the Core Group members representing the Yolo parties and two of the
Core Group members representing the Solano panies shall have voted to approve the action.

(3)

Scope of Authority: The LPCCC shall have the responsibility to undertake

the following:
(a)

To monitor implementation of the Putah Creek Settlement

Agreement and to make an annual report to the Court and to the partifs to the settlement agreement.
(b)

Th.rough the Streamkeeper and any other means that may be

approved by the LPCCC, to moni tor the condition of Putah Creek from Putah Diversion Dam to
the Yolo Bypass ("lower Putah Creek") and to make recommendations to appropriate agencies

Exhibit "S", Page .. of 1 0

(3123/00J
about the condition of the waterway and actions appropriate to preserve and protect this stretch of
Putah Creek.
(c)

To undenake maintenance. restoration and enhancement measures

with respect to lower Putah Creek resources and to support and coordinate the efforts of public
agencies. private propeny owners and non-profit associations in furtherance of such maintenance.
restoration and enhancement.
(d)

To serve as a forum for discussion and possible resolution of lower

Putah Creek related concerns and issues . . Provided, however, this provision shall not be construed
to give the LPCCC any authority to amend this Amended Judgment.
(e)

To coordinate with the Reclamation Board and the Department o f

Water Resources on flood control issues regarding Putah Creek.

(f)

To develop a system to share data regarding lower Putah Creek.

(g)

To develop an active public educationlinfonnation program on

(h)

To seek grants and funds where appropriate for projects in pursuit

(i)

To oversee the Streamkeeper. The Streamkeeper shall be employed

Lower Putah Creek.

of the above goals.

by SCWA except

as

otherwise determined by the LPCCC after entry of this Amended Judgment.

(j)

To establish standing and ad hoc committees, including a Technical

Committee , as may be necessary or appropriate to further the LPCCC's responsibilities.

(4)

The LPCCC and any standing committees shall comply with the Ralph M.

Brown Act, Government Code sections 54950--54962.

(5)

SCWA shall provide administrative support for the LPCCC. any standing

or ad hoc committees and the Streamkeeper.

(6)

As pan of the Parties' ongoing efforts to protect and enhance the instream

values associated with lower Putah Creek. SCWA shall contribute. n coordination with the
contributions and activities speci tied in Section

lILH. hereof, the f Howing amounts of money,

which shall be utilized for the spec ified activities. Each specific ex pe nditure of money shall be
authorized in advance by the LPCCC, and the LPCCC shall supervise the specified activities.

Exhibit "B'\ Page 5 of 10

[3123/OOJ
(a)

$ ]0,000 per year for native vegetation presclVation and

enhancement, including the identification of areas along the lower Putah Creek dominated by non
native species, and their removal and replacement with native trees and grasses. This work will be
coordinated with efforts by other individuals and entities involved in similar removal and
replacement efforts.
(b)

$55,000 per year for the monitoring of wildlife, including birds,

mammals, reptiles and amphibians which live in and around lower Putah Creek.
(c)

Amounts, if any, to be determined by SCWA for acquisition of

easements from voluntary, willing sellers. for the maintenance and enhancement of the biological
resources of lower Putah Creek. These acquisitions shall be coordinated with the development of a
long-term plan. The development of this plan shall be coordinated with other interested entities and
individuals.
(d)

$55,000 per year for the monitoring of native fish in lower Putah

(e)

$40,000 per year for a Streamkeeper for lower Putah Creek, whose

Creek.

duties shall include, without limitation, preparing reports to the LPCCC regarding all aspects of
lower Putah Creek, attending all LPCCC meetings, weekly monitoring and recording of flows at
specified locations, weekJy monilOring and recording of all diversions from lower Putah Creek,
coordinating field trips and public projects to improve lower Putah Creek natural values, and
identification and reponing to the LPCCC of any activities that are hannful to the health of lower
Putah Creek.

(f)

General grants totaling

S2SQ,OOO i n the aggregate for the

preservation and enhancement of the natuml values of lower Putah Creek, which shall be allocated
by the LPCCC.
(g)

The amounts provided for in subsections (a), (b), (d) and (e) to the

extent not allocated by the LPCCC in any given year shall not carry over to subsequent years.
Amounts not expended on the matters enumerated above, however, as authorized by the LPCCC,
may be expended for the fo llowing ndditional purposes:

[xhibil "0", Page

6 of 10

[3123/00]
(i)

For preservation and enhancement of birds. mammals,

reptiles and amphibians (hilt live in and around lower Putah Creek.; and
(ii)

For preservation and enhancement of native fish in lower

Putah Creek.
(h)

The contributions specified in subparagraphs (6)(a), (b), (d) and (e)

shall be annually adjusted. up or down. in proportion to any changes in the first quarterly IPD
published, in the relevant year, in the Survey of Current Business. by the United States
Department of Commerce. If the lPD no longer is available, then the most comparable available
index shall be used instead.
B.

[f the parties to this Amended Judgment have not reached agreement on the exact

form and functions of the LPCCC within six months after the filing of this Amended Judgment.
then the COUlt, exercising its reserved jurisdiction. shall mediate the development of a final
agreement with respect to the fonn and functions of the LPCCC and, if the parties fail to agree
during the mediation, shall have the authority to mandate the form and functions of the LPCCC
after considering any arguments of the parties. If the LPCCC ever is unable to decide how to
spend any of the moneys that are described in subsection II1.A.(6) hereof, then the Court,
exercising its reserved jurisdiction, shall mediate the development of an appropriate plan to spend
such moneys, and, if the LPCCC fails to approve such a plan, then the Court shall have the
authority to mandate an appropriate plan for the expenditure of such moneys.
C.

The LPCCC shall specify the general duties and res(X::msibilities of the

Streamkeeper and shall review and evaluate the Streamkeeper's perfonnance at least once each
year. The Streamkeeper shall repol1 directly to the Executive Committee of the LPCCC. and the
Executive Committee of the LPCCC shall supervise the Streamkeepec' s day-to-day duties and
responsibilities.
D.

The LPCCC shall detennine the scopes of the work to be perfonned under

subparagraphs A.(3)(a), (b), (c) and (d) of this Amended Judgment. No expenditures under
subparagraphs A.(6)(a), (b), (c), (d), (e) and (f) of this Amended Judgment shall be made without
[he advance approval of the LPCCC.
Exhibit "S", Page 7

of

10

[JnJ/OOI
E.

The LPCCC shall pursue and support the following types of measures for

<lnadromous fish, through the fish surveys and the Streamkeeper's work described in
subparagraphs A.(6)(d) and (e) and other actions that may be taken by the LPCCC. including
seeking add itional funding where already identified sources are insufficient and coordinating with
other applicable planning efforts:

(I)

A survey and analysis of existing spawning gravels for anadromous fish in

the reach of lower Putah Creek from the Putah Diversion Dam to Pedrick Road. and tbe potential
for enhancement of these spawning gravels;
(2)

A survey and analysis of any obstacles to anadromous fish passage in lower

Putah Creek, includes for the purposes of this survey and analysis, the Putah Diversion Dam and
any structures downstream therefrom;

(3)

The development of a sedimentation management plan for lower Putah

Creek that would prevent or mitigate for any damage to fish habitat that may be caused by releases
of sediment at the Putah Diversion Dam;

(4)

Monitoring of lower Putah Creek to detennine the extent and timing of

chinook lmon, steelhead trout and Pacific lamprey in lower Putah Creek;

(5)

Provided, however, that if an HCP process has been initiated within one

year of entry of this Amended Judgment and includes a proposed Safe Harbor provision with
activities delinealed within subparagraphs I1I.E.(l H4), then the LPCCC shall not undertake the
activities delinealed in both the proposed Safe Harbor provision and subparagraphs III.E.(I )-{4)
until either the HCP is finalized o r five years have passed since entry of this Amended Judgment.
F.

The Core Group may approve changes to any provision of this Section III,

provided tha.t such changes do not alter, and are not inconsistent With. any other prov ision of this
Amended Judgment. The Core Group shall file any such changes and an explanation of the
reasons for the change with the coun, for filing with this Amended Judgment, within 30 days after
the Core Group approves the changes.

Exhibit "B", Page 8 of 10

[3123/00)
G.

All data collected during any of the activities referenced in this Paragraph ill and all

reports and other documents provided to the LPCCC shall be immediately made available for
inspection and copying by any party to this Amended Judgment or any interested member of the
public during normal business hours. To the extent feasible and reasonable, sewA shall post on
its Internet website, or make available to the public by similar electronic means, all data and reports
-

that mus[ be made available for inspection and copying under the preceding sentence afthis
paragraph within 15 days after SCWA receives each set of such data and each such report.
H.

The parties are encouraged 10 augment, to the degree permitted by applicable law,

the sums of money herein committed by sewA. in order to further the work outlined herein. The
parties will provide notice to and coordinate with the LPCCC regarding actions that may affect the
scope of the LPCCC's authority and responsibilities with respect to lower Putah Creek as is
provided for in this Amended Judgment.
IV.

LIMIT ON AVERAGE ANNUAL ALLOCATIONS

Solano Project Contract Allocations are defined as the amount of all Solano Project Water
delivered to Participating Agencies pursuant to the agreements between sewA and the .
Panicipating Agencies. Solano Project Contract Allocations also include Solano Project Water not
delivered during the allocation year and instead stored in Lake Berryessa pursuant to Article 4(c)
of the Contract Between the United States and Solano County Water Agency Providing For Water
Service (Contract No. 14-06-200-4090R). Putah South Canal Conveyance losses (Canal inflows
minus deliveries from Canal) are not included in Solano Project Contract Allocations. During each
year, Solano Project Contract Allocations shall be limited such that there

are

never ten (10)

successive years during which, over those ten years, the average Solano Project Contract
. A llocations exceed 192,350 af per year. The Parties acknowledge that the 10-year average amount
of Solano Project Water delivered to Panicipating Agencies may exceed 192,350 af in certain
years due to the delivery of the aforementioned stored water.

El:hibil "8"', Page 9 of 10

[3123/001
V.

'.

Within thiJ1y

AWARD OF FEES AND EXPENSES

(30) days after entry of this Amended Judgment. SCWA and SID shall pay to

the PUlah Creek Council's attorneys. the Putah Creek Council itself, and to the Putah Creek
Council's expert witnesses. respectively. the amount listed below for each:

I.

Beveridge

2.

Morrison

3.

Lntham & Watkins

4.

Putah Creek Council

5.

Peter B . Moyle .

6.

Eugep.e Yates

7.

Steven Chainey

& Diamond. LLP

& Foerster

$
$

If for any reason the sums above or any portion thereof have not been paid as of the thirtieth (3(Yh)
day following entry of this Amended Judgment, then any amounts remaining unpaid

as of that day

shaU thereafter accrue interest at the legal rate until paid.

VI.

RESERVED JURISDIC'I1ION

This Court reserves continuing jurisdiction over the parties to provide for the administration
and enforcement of this Amended Judgment, including jurisdiction to mcxiify this Amended
Judgment in accordance with applicable law.

DATED:

______.

2000.
The Honorable Richard K. Park
Sacramento County Superior Court

Exhibit "8", Page 1 0 of 10

Exhibit

ftC "

2
SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF SACRAMENTO

4
5

Coordination Proceeding
Special Title (Rule 1550(b

PUTAH CREEK WATER CASES

7
8

--------)

11
12
13
14
15
16

Judicial Council Coordination No.

2565
Solano County Superior Court No.
108552

CITY OF DAVIS,

Cross Complainant,

9
10

)
)
)
)

v.

)
)
)

SOLANO IRRIGATION DISTRICT, SOLANO

COUNTY WATER AGENCY, CITY OF
FAIRFIELD, CITY OF VACAVILLE, CITY OF
VALLEJO, CITY OF SUISUN and MAINE
PRAIRIE WATER DISTRICT.

[proposed]
AMENDED JUDGMENT

)
)
)
)
)
)
)
)
)
)

-----Cross Defendants.

All causes of action of the cross-complaint of the City of Davis in So ano IrdfCation

17

District et. al. v. the Names of all Annronriative Water Ri.hts Holders. et.

18

Superior Court No. 108552, were regularly tried before the Court sitting wi out a jury. This

19

trial occurred in coordination with the trials of the second cause of action of the cross-

20

complaint filed by the Regents of the University of Califorma in this action and Putah Creek

21

Council v. Solano Irrigation District and Solano County Water Agency, saclamento County

22

Superior Court No. 515766.

23

Irrigation District et. at. v. the Names of all Appropriative wate Rights Holders. et. aI.,

24

Solano County Superior Court No. 108552.

25

I., Solano County

This Amended Judgment, however is entered only in Solano

The trial was held on March 4, 1996 through April 5 , 1996. APpea ing as attorneys

H.

Lennihan by Martha H .

26

for cross complainant City of Davis was Law Offices of Martha

27

Lcnnihan.

28

County Water Agency were Minasian, Minasian, Minasian, Spruance, Baber, Meith & Soares,

Appearing as attorneys for cross defendants Solano Irrigation District and Solano

by Timothy O' Laughlin and William C . Paris, m.

2
3

rendered its Judgment in this action. Judgment was entered on August

defendants appealed from the Judgment.

Following the trial , the Court, having heard the testimony and considered the evidence,

On December

23, 1996. The cross

19, 1996, the Court entered an Order Awarding Attorrs Fees,

awarding fees and costs to the City of Davis and its experts. The cross defendants appealed

from that Order.

8
9

While the Judgment and Order were on appeal, and before any decision on the appeals,
the parties reached a stipulated settlement of the issues raised in this action. Pursuant to the

I0

tenms of the settlement, the Court of Appeal remanded the action

11

purpose of considering the proposed settlement.

12

By motion filed on

____ ,.

[0

this Court for the limited

the parties jointly requested that the Court amend its

in this action and its Order Awarding Attorneys Fees to conform to the terms of a

13

Judgment

14

settlement stipulated to among the parties. The Court has considered the proposed

15

amendments to the Judgment and the Order, the briefs and evidence offered by the parties in

16

support of the proposed amendments, and the oral presentations of counsel for the parties. The

I7

Court finds that the proposed amendments to the Judgment and t Order are consistent with

1B

the requirements of Article X. Section 2 of California Constitution, the public trust doctrine ,

19

and section 5937 of the California Fish and Game Code. Accordingly, the Court finds that the

20

Judgment and Order should be amended as requested, and that the Amended Judgment

21

requested and stipulated to by the parties should be entered.

22

WHEREFOR, the Judgment entered in this action on August

23, 1996, and the Order

23

entered herein on December

24

Amended Judgment, and the Court now ORDERS AND ADJUDGES AS FOLLOWS:

25
26
27
28

19, 1996, are hereby AMENDED and superseded by this

PERMANENT INJUNCTION

The Solano Irrigation District ("SID") and Solano Count

j,I

Water Agency ("SCWA")

forthwith shall mOdify their operations of, and other conduct regarding. the Solano Project as
Exhibit C page

2 of IO

specified in Exhibit A " attached hereto and incorporated herein fully by reference.
n

II.

The City of Davis shall not pursue an action or proceeding for contempt of this

ENFORCEMENT ACTIONS

Amended Judgment based on a violation or violations of one or more of the minimum mean

daily flows requirements established in Exhibit "A" sections A.(2), B.(2), C.(i), C.(2), C.(3),

C . (4) and D.(3), or one or more of the minimum instantaneous flow requirements established

in Exhibit " A" sections A .(2 ) , B.(2), C.(I), C.(2), C.(3) and C.(4), so long

8
9

10

A.

as :

the four day ruruting mean flow at the relevant compliance point equaled or

exceeded the applicable minimum mean daily flow; and

B.

the instantaneous flow at the relevant compliance oint was not more

than 5 cfs

11

less than the applicable minimum mean daily flow if the violation kcurrcd during the period

12

from January through July, and was not more than 3 cfs less than the applicable minimum

13

mean daily flow if the violation occurred during the period from

August through December.

14

III.

15

A. The parties shall, within six months after the filing of this Amended Judgment, form

LOWER PUTAH CREEK COORDINATING COMMITTEE

16

a Lewer Putah Creek Coordinating Committee ("LPCCC") to carry out the responsibilities

17

assigned to the LPCCC under this Amended Judgment.

18
19

The LPCCC shall be organized and governed in a manner that, at a minimum,

incorporates the following:

20

(I) Membership: The LPCCC shall consist of ten members with five members

21

representing the Putah Creek Council, the City of Davis, and the Regents of the University of

22

California (the "Yolo parties") and five members representing the Solano County Water

23

Agency , the Solano Irrigation District, the Maine Prairie Water District, and the Cities of

24

Vacaville, Fairfield, Vallejo and Suisun City (the "Solano panics " ) . The selection of the Yolo

25

parties I representatives shall be undertaken in a manner to be determined by the Yolo panies;

26

the selection of the Solano partiesl representatives shall be underken in a manner to be

27

determined by the Solano parties.

28

Exhibit C page 3 of 10

(2l Voting:
2

(al Full LPCCC Membership: Matters befO e the LPCCC shall be

deemed approved only if a majority of the Yolo members and a m

ajority of the Solano

members approve the action. A quorum shall be deemed present if a minimum of three

members are present from each side. Alternates may be selected and shall have the voting

rights of the regular members not in attendance.

(b) Rotation of Chainnanship: A chairman and vice-chainnan shall be

elected (or selected by agreement of all LPCCC members) to serve on an annual basis. If the

ftrst chairman elected (or selected) is a Solano party representative. then the first vice-chainnan

10

shall be a Yolo party representative, and conversely if the first chairman selected is a Yolo

1 1

party representative, then the first vice-chairman shall be a Solano party representative.

12

Thereafter, the chairman and vice-chairman shall alternate between a Yolo party representative

13

and a Solano party representative. The chairman and vice-chainnan together shall constitute an

14

executive committee. In situations where emergency actions must be taken before the LPCCC

15

or the Core Group can be convened, either in person or by COnfernce telephone call, the

16

executive conunittee shall be authorized to act without the full LPCCC or the Core Group. In

I7

that event, the executive committee immediately shall report its actions to the full LPCCC by

18

fax or e-mail, and shall obtain ratification or further directions from the full LPCCC.

19

(c) Core Group: A "Core Group" shall be fonned. It shall be comprised

20

of six members , of which three shall be representatives of the three Yolo parties , and three

21

shall be selected by the Solano partiesl representatives.

22

At the discretion and written request of any member of the Core Group, a matter otherwise

23

subject to vote by the full LPCCC shall be dealt with solely by the Core Group . Any action

24

dealt with by the Core Group shall only be approved if at least two of the Core Group

25

members representing the Yolo parties and two of the Core Group members representing lhe

26

Solano parties shall have voted to approve the action.

27
28

(3) Scope of AutllOrity : The LPCCC shall have

t1i

responsibility to undertake
Exhibit C page 4 of 10

the following:

2
3

(a) To monitor implementation of the Putah Creek Settlement Agreement

and to make an annual report to the Court and to the parties to the settlement agreement.

(b) Through the Streamkeeper and any other means that may be approved

by the LPCCC, to monitor the condition of Putah Creek from Putk Diversion Dam to the

Yolo Bypass ("lower Putah Creek") and to make recommendations to appropriate agencies

about the condition of the waterway and actions appropriate to preserve and protect this stretch

of Putah Creek.

(c) To undertake maintenance, restoration and enhancement measures

10

with respect to lower Putah Creek resources and to support and coordinate the efforts of public

11

agencies, private property owners and non-profit associations in furtherance of such

12

maintenance, restoration and enhancement.

13

(d) To serve as a forum for discussion and possible resolution of lower

14

Putah Creek related concerns and issues. Provided, however. this provision shall not be

15

construed to give the LPCCC any authority to amend this Amendbd Judgment.

16
17

(e) To coordinate with the Reclamation Board and the Department of

Water Resources on flood control issues regarding Putah Creek.

18

(I) To develop a system to share data regarding lower Putah Creek.

1 9

(g) To develop an active public education/information program on Lower

20

Putah Creek.

(h) To seek grants and funds where appropriate for projects in pursuit of

21
22

the above goals.

23

(i) To oversee the Streamkeeper. The Streamkeeper shall be employed

24

by SCWA except as otherwise determined by the LPCCC after entry o f this Amended

25

Judgment.

26
27
28

(j) To establish standing and ad hoc committees, including a Technical

Committee, as may be necessary or appropriate to further the LPCCCls responsibilities.
Exhibit C page 5 of 10

(4) The LPCCC and any standing committees shall comply with the Ralph M .

Brown Act, Government Code sections 54950-54962 .

(5) sewA shall provide administrative support for the LPCCC, any standing or

3
4

ad hoc committees and the Streamkeeper.

(6) As part of the Parties' ongoing efforts to protect and enhanGe the instream

sewA shall contribute, in coordination with the

values associated with lower Putah Creek,

contributions and activities specified in Section III.H. hereof, the following amounts of money,

which shall be utilized for the specified activities. Each specific expenditure of money shall be

authorized in advance by the LPCCC, and the LPCCC shall supervise the specified activities.
(a) $10,000 per year for native vegetation preservation and enhancement,

10
11

including the identification of areas along the lower Putah Creek dominated by non-native

12

species, and their removal and replacement with native trees and grasses. This work will be

13

coordinated with efforts by other individuals and entities involved in similar removal and

14

replacement efforts.
(b) $55,000 per year for the monitoring of wildlife, including birds,

15
16

mammals, reptiles and amphibians which live in and around lower Putah Creek.

17

(c) Amounts, if any , to be determined by

sewA for acquisition of

18

easements from voluntary , willing sellers, for the maintenance and enhancement of the

19

biological resources of lower Putah Creek. These acquisitions shall be coordinated with the

20

development of a long-term plan. The development of this plan shall be coordinated with other

21

interested entities and individuals.

22
23

(d) $55,000 per year for the monitoring of native fish in lower Putah
Creek.

24

(e) $40,000 per year for a Streamkeeper for lower Putah Creek, whose

25

duties shall include, wilhout limitation, preparing reports to the LPCCC regarding all aspects

26

of lower Putah Creek, attending all LPCCC meetings, weekly monitoring and recording of

27

flows at specified locations, weekly monilOring and recording of all diversions from lower

28

Exhibit C page 6 of 10

Putah Creek, coordinating field trips and public projects to improve lower Putah Creek natural

values, and identification and reporting to the LPCCC of any activities that afe harmful to the

health of lower Putah Creek.

(I) General grants totaling

$250,000 in the aggregate for the preservation

and enhancement of the natural values of lower Putah Creek, which shall be allocated by the

LPCCC.
(g) The amounts provided for in subsections (a), (b), (d) and (e) to the

7
a

extent not allocated by the LPCCC in any given year shall not carry over to subsequent years.

Amounts not expended on the matters enumerated above, however, as authorized by the

10

LPCCC, may be expended for the following additional purposes:

(i) For preservation and enhancement of birds, manunals, reptiles

11
12

and amphibians that live in and around lower Putah Creek; and
(ii) For preservation and enhancement of native fish in lower

13
I4
IS

Putah Creek.

(b)

The contributions specified in subparagraphs (6)(a), (b), (d) and

16

(e) shall be annually adjusted, up or down, in proportion to any changes in the first quarterly

17

!PD published, in the relevant year, in the Survey of Current Business, by the United States

Ia

Department of Commerce. If the !PD no longer is available , then the most comparable

19

available index shall be used instead.

20

B. If the parties to this Amended Judgment have not reached agreement on the exact

21

fonn and functions of the LPCCC within six months after the filing of this Amended

22

Judgment, then the Court, exerCising its reserved jurisdiction, shall mediate the development of

23

a final agreement with respect to the form and functions of the LPCCC and. if the parties fai l

24

to agree during the mediation, shall have the authority to mandate the fonn and

25

functions of the LPCCC after considering any arguments of the parties. If the LPCCC ever is

26

unable to decide how to spend any of the moneys that are described in subsection III.A.(6)

27

hereof, then the Court, exerCising its reserved jurisdiction, shall mediate the development of an

28

Exhibit C page 7 of 10

appropriate plan to spend such moneys, and. if the LPCCC fa ils to approve such a plan, then

the Court shall have the authority to mandate an appropriate plan for the expenditure of such

moneys.

C. The LPCCC shall specify the general duties and responsibilities of the Streamkeeper

and shall review and evaluate the Streamkeeperls performance at least once each year. The

Streamkeeper sball report directly to the Executive Committee of the LPCCC, and the

Executive Committee of tbe LPCCC sball supervise the Streamleeeper's day-to-day duties and

responsibilities .

D. The LPCCC shall determine the scopes of the work to

be performed under

10

subparagraphs A. (3)(a), (b), (c) and (d) of this Amended Judgment. No expendirures under

11

subparagraphs A.(6)(a),

12

without the advance approval of the LPCCC .

13

(b), (c), (d), (e) and (f) of this Amended Judgment shall

be made

E. The LPCCC shall pursue and support the following types of measures for

14

anadromous fish, through the fish surveys and the Streamkeeper1s work described

15

subparagraphs A.(6)(d) and (e) and other actions that may be taken by the LPCCC, including

16

seeking additional funding where already identified sources are insufficient and coordinating

17

with other applicable plamtiog efforts :

18

in

(1) A survey and analysis of existing spawning gravels for anadromous fish in

19

the reach of lower Putah Creek from the Putah Diversion Darn to Pedrick Road, and the

20

potential for enhancement of these spawning gravels;

21

(2) A survey and analysis of any obstacles to anadrornous fish passage in lower

22

Putah Creek, includes for the purposes of this survey and analysis, the Putah Diversion Dam

23

and any structures downstream therefrom;

24

(3) The development of a sedimentation management plan for lower Putah Creek

25

that would prevent or mitigate for any damage to fish habitat that may be caused by releases of

26

sediment at the Putah Diversion Dam;

27
28

(4) Monitoring of lower Putah Creek to determine the extent and timing of
Exhibit C page 8 of 10

chinook salmon, steelhead trout and Pacific lamprey in lower Putah Creek;

(5) Provided, however, that if an Hep process has been initiated within one

year of entry of this Amended Judgment and includes a proposed Safe Harbor provision with

activities delineated in both the proposed Safe Harbor provision and subparagraphs

I1I.E.(1)-(4), then the LPCCC shall not undertake the activities until either the HCP is finalized

or five years have passed since entry of this Amended Judgment.

F. The Core Group may approve changes to any provision of this Paragraph III ,

provided that such changes do not alter, and are not inconsistent with, any other provision of

this Amended Judgment. The Core Group shall file any such changes and an explanation of

10

the reasons for the change with the court, for filing with this Amended Judgment, within 30

11

days after the Core Group approves the changes.

12

G . All data collected during any of the activities referenced in this Paragraph ill and all

t3

reports and other documents provided to the LPCCC shall be immediately made available for

14

inspection and copying by any party to this Amended Judgment or any interested member of

15

the public during normal business hours. To the extent feasible and reasonable, SCWA shall

16

post on its Internet website, or make available to the public by similar electronic means , aU

17

data and reports that must be made available for inspection and copying under the preceding

18

sentence of this paragraph within 15 days after SCWA receives each set of such data and each

19

such report.

20

H. The parties are encouraged to augment, to the degree permitted by applicable law,

2t

the sums of money herein committed by SCWA, in order to further the work outlined herein.

22

The parties will provide notice to and coordinate with the LPCCC regarding actions that may

23

affect the scope of the LPCCC 's authority and responsibilities with respect to lower Putah

24

Creek as is provided for in this Amended Judgment.

25

IV. LIMIT ON AVERAGE ANNUAL ALLOCATIONS

26

Solano Project Contract Allocations are defined as the amount of all Solano Project

27
28

Water delivered to Participating Agencies pursuant to the agreements between SCWA and the
Exhibit C page 9 of 10

Participating Agencies. Solano Project Contract Allocations also include Solano Project Water

not delivered during the allocation year and instead stored in Lake Berryessa pursuant to

Article 4(c) of the Contract Between the United States and Solano County Water Agency

Providing For Water Service (Contract No. 14-06-200-4090R) . Putah South Canal

Conveyance losses (Canal inflows minus deliveries from Canal) are not included in Solano

Project Contract Allocations. During each year, Solano Project Contract Allocations shall be

limited such that there are never ten (10) successive years during which, over those ten years,

the average Solano Project Contract Allocations exceed 192,350 at per year. The Parties

acknowledge that the IO-year average amount of Solano Project Water delivered to

10

Participating Agencies may exceed 192,350 af in certain years due to the delivery of the

11

aforementioned stored water.

12

V. AWARD OF FEES AND EXPENSES

13

Within thirty (30) days after entry of this Amended Judgment, SCWA and SID shall

14

pay to the City of Davis the amount of Five Hundred Fifty-Six Thousand Two Hundred

15

Eighty-Seven Dollars ($556,287). If for any reason this sum or any portion thereof has not

16

been paid as of the thirtieth (30th) day following entry of this Amended Judgment, then any

17

amounts remaining unpaid as of that day shall thereafter accrue interest at the legal rate until

18

paid.

19

VI. RESERVED JURISDICTION

20

This Court reserves continuing jurisdiction over the parties to provide for the

21

administration and enforcement of this Amended Judgment, including jurisdiction to modify

22

this Amended Judgment i n accordance with applicable law.

23
24
25

DATED:

___

2000

Honorable Richard A . Park

Sacramento Superior Court

26
27
28

Exhibit C page 10 of 10

Exhibit "D"
2

3
4
5
6
7

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SACRAMENTO

10
11
12
13

Coordination Proceeding Special Title (Rule 1550(b

PUTAH CREEK WATER CASES
REGENTS OF THE UNIVERSITY OF CALIFORNIA,

14

Cross-Complain ant,

15

v.

16
17
18

19

SOLANO COUNTY WATER AGENCY, SOLANO

IRR1GATION DISTRICT, CITY OF FAIRFIELD, CITY
OF VACAVILLE, CITY OF VALLEJO, CITY OF
SUISUN CITY, and MAINE PRAIRIE WATER
DISTRICT,
Cross-Defendants.

20

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)
)
)
)
)
)
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Judicial Council
Coordination No 2565
.

Solano COUDty Superior

Court No. 108552
AMENDED
JUDGMENT

21

The second cause of action of the cross-complaint of the Regents of the University of

22

California in Solano Irrigation District. et a1. v. The Names of All Appropri ative Water Rights

23

HoldelS. et aI., Solano County Superior Court No.

24

sitting without ajury. This trial occurred in coordination with the trials of all causes of action of the

25

cross-complaint filed by the City of Davis in this action and Putah Creek Council v. Solano

26

Irrigation District and Solano County Water Agency. Sacramento County Superior Court No.

2?

5 1 5766. The Judgment however, is entered only on the Regents of the University of Cali fomia's
8542\P040600abl

108552, was regularly tried before the Court

Exhibit "D", Page 1 of 10

cross-complaint in Solano Irrigation District et a!. v. The Names ofAll Appropri ative Water Rights

Holders et a1., Solano County Superior Court No. 1 08552.

The trial was held on March 4, 1996 through April S, 1996. Appearing as attorneys for cross

complaint Regents of the University of California were Bartkiewicz, Kronick & Shanahan P. C.,

by Alan B. Lilly. Appearing as attorneys for cross-defendants Solano COImty Water Agency, Solano

Irrigation District, City of Fairfield, City of Vacaville, City of Vallejo, City of Suisun City and

Maine Prairie WaterDistrict were Minasian, Minasian, Minasian, Spruance, Baber. Meith & Soares,

by Tim O'Laughlin and William C. Paris, m.

Following the trial, the Court, having heard the testimony and considered the evidence,

10

rendered its Judgment in this action. Judgment was entered on August

11

defendants appealed the Judgment. .

12

On November 27, 1996, the Court entered an Order

23, 1996. The cross

Granting Cross-Complainant's Motion

13

For Reimbursement of Attorneys Fees and Expenses, awarding fees and costs to the Regents ofthe

14

University of California. The cross defendants appealed thlt Order.

15

While the Judgment and Order were on appeal, and before any decision on the appeaIs the

16

parties reached a stipUlated settlement of the issues raised in this action. Pursuant to the tenns ofthe

17

settlement, the Court of Appeal remanded the action to 11:his Court for the limited purpose of

18

considering the proposed settlement.

19

Bymotion filed on _
_
_

, the partiesjointly requested that the Court amend its Judgment

20

in this action, and its OrderGranting Cross-Complainant's Motion For ReimbursementofAttorneys

21

Fees and Expenses, to confonn to the tenns of a settlement stipulated to among the parties

22

Court has considered the proposed amendments to the J dgment and the Order, the briefs and

23

evidence offered by the parties in support of the proposed

24

of coWlSel for the parties. The Court finds that the proposed amendments to the Judgment and the

25

Order are consistent with the requirements of Article X, Section 2 of California Constitution, the

26

public trust doctrine, and section 5937 of the California Fish and Game Code. Accordingly, the

27

Court finds that the Judgment and Order should be amended

J
L

8542\P040600abl

The

endments. and the oral presentations

as

requested, and that the Amended

Exbibit "D", Page

2 of 10

Judgment requested and stipulated to by the parties should be entered.

2

WHEREFOR, the Judgment entered in this action onAugust 23, 1996, and the Order entered

herein on November 27, 1996, are hereby AMENDED and superseded by this Amended Judgment,

and the Court now ORDERS AND ADJUDGES AS FOLLOWS:

r.

PERMANENT INJUNCTION

The Solano Irrigation District ('SID") and Solano County Water Agency ('SCWA')

forthwith shall modify their operations of, and other conduct regarding, the Solano Project as

specified in Exhibit "A" attached hereto and incorporated herein fully by referenee.

9'

II.

ENFORCEMENT ACTIONS

10

The Regents of the University of California shall not pursue an action or proceeding for

11

contempt of this Amended Judgment lIased on a violation or violations of one or more of the

12

minimum mean daily flows requirements established in Exhibit "A' sections A.(2), B.(2), C.(!),

13

C.(2), C.(3), C.(4) and D.(3), or one or more of the minimum instantaneous flow requirements

!4

established in Exhibit "A' sections A.(2), 8.(2), C.(!), C.(2), C.(3) and C.(4), so long as:

15
16
17

A.

the four day running mean flow at the relevant compliance point equaled or exceeded

the applicable rninimum mean daily flow; and

B.

the instantaneous flow at the relevant compliance point was not more than 5 cfs less

18

than the applicable minimum mean daily flow if the violation occurred during the period from

19

January through July, and was not more than 3 cfs less than the applicable rninimurn mean daily flow

20

if the violation occurred during the period from August through December.

21

m.

22

A. The parties shall, within six months after the filing of this Amended Judgment, form a

23

Lower Putab Creek Coordinating Committee ("LPCCC") to carry out tbe responsibilities assigned

24

to the LPCCC under this Amended Judgment.

25
26

LOWER PUTAH CREEK COORDINATING COMMITTEE

The LPCCC shall be organized and governed in a manner that, at a minimum, incorporates
the following:

27

(1) Membership: The LPCCC shall consist of ten members with five members

8S42\P040600abl

Exhibit "D", Page 3 of ]O

representing the Putah Creek Council, the City of Davis, and the Regents of the University of

Cali fomia(tbe "Yolo parties") and five members representing the Solano County Water Agency. the

Solano Irrigation District, the Maine Prairie Water District, and the Cities of Vacaville. Fairfield.

Vallejo and Suisun City (the 'Solano parties'). The selection of the Yolo parties' representatives

shall be undertaken in a manner to be detennined by the Yolo parties;-the selection of the Solano

parties' representatives shall be undertaken in a manner to be deteI1Ilined by the Solano parties.

(2) Voting:

(a) Full LPCCC Membership: Matters before the LPCCC shall be deemed

approved only if a majority of the Yolo members and a majority ofthe Solano members approve the

10

action. A quorum shall b e deemed present i f a minimum of three members are present from each

II

side. Alternates may be selected and shall have the voting

12

attendance.

rights of the regular members not in

13

(b)RotationofChainnanship: Achainnan and vice-chainnan shallbeelected

14

(or selected by agreement of all LPCCC members) to serve on an annual b asis Ifthe fin;( chairman

IS

elected (or selected) is a Solano party representative, then the first vice-chainnan shall be a Yolo

16

party representative, and conversely if the first chairman selected i s a Yolo party representative, then

17

the firs t vice-chairman shall be a Solano party representative.

18

vice-chainnan shall alternate between a Yolo party representative and a Solano party representative.

19

The chairman and vice-chainnan together shall constitute an executive committee. In situations

20

where emergency actions must be taken before the LPCCC or the Core Group can be convened.

21

either in person or by conference telephone call, the executive committee shall be authorized to act

22

without the full LPCCC or the Core Group.

23

shall report its actions to the full LPCCC by fax or e-mail, and shall obtain ratification or further

24

directions from the full LPCCC.

Thereafter, the chainnan and

In that event, the executive committee immediately

25

(c) Core Group: A "Core Group " shall be formed. It shall be comprised of

26

six members, of which three shall be representatives of the three Yolo parties, and three shall be

27

selected by the Solano parties' representatives.

8542\P0406QOabl

Exhibit "D", Page 4

of 10

At the discretion and written request of

any member of the Core Group, a matter

otherwise subject to vote by the full LPCCC shall be deal with solely by the Core Group. Any

action dealt with by the Core Group shall only be approved if at least two of the Core Group

members representing the Yolo parties and two of the Core Group members representing the Solano

parties shall have voted to approve the action.

(3) Scope of Authority: The LPCCC shall have the responsibility to undertake the

6
7

following:

8
9

(a) To monitor implementation ofthe Putah Creek Settlement Agreement and

to make

an

annual report to the Court and to the parties to the settlement agreement.

10

(b) TIuough the Streamkeeper and any other means thal may be approved by

II

the LPCCC, to monitor the condition ofPutah Creek from Putah Diversion Dam to the Yolo Bypass

12

("lower Putah Creek") and to make recommendations to appropriate agencies about the condition

\3

of the waterway and actions appropriate to preserve and protect this stretch of Putah Creek.

14

(c) To undertake maintenance, restoration and enhancement measures with

15

respect to lower Putah Creek resources and to support and coordinate the efforts ofpublic agencies.

16

private property owners and non-profit associations in furtherance of such maintenance, restoration

17

and enhancement.

18

(d) To serve as a forum for discussion and possible resolution oflower Putah

19

Creek related concerns and issues. Provided, however, this provision shall not be construed to give

20

the LPCCC any authority to amend this Amended Judgment.

21
22

(e) To coordinate with the Reclamation Board and the Department ofWater
Resources on flood control issues regarding Putah Creek.

23

(I) To develop a system to share data regarding lower Putah Creek.

24

(g) To develop an active public educationlinfonnation program on Lower

25

Putah Creek.
(h) To seek grants and funds where appropriate for projects in pursuit of the

26
27

above goals.

8S42\P()40600abl

Exhibit "D", Page 5 of 1 0

(i) To oversee lhe Slreamkeeper. The Slreamkeeper shall be employed by

I
2

SCWA exeepl as otherwise delennined by the LPCCC after enlry of this Amended Judgment.

(j)

3
4

Committee, as may be necessary or appropriate to further the LPCCCIS responsibilities.

5
6

(4)TheLPCCC and any slanding committees shall comply with the Ralph M. Brown
Act, Government Code sections 54950-54962.

7
8

To establish standing and ad hoc committees, including a Technical

(5) SCWA shall provide administrative support for the LPCCC, any standing or ad
hoc committees and the Streamkeeper.

(6) As part of the Parties' ongoing efforts to protect and enhance the instream values

10

associated with lower Putah Creek, SCWA shall contribute, in coordination with the contributions

11

and activities specified in Section

12

utilized for the specified activities. Each specific expenditure o f money shall b e authorized in .

\3

advance by the LPCCC, and the LPCCC shall supervise the specified activities.

ill.H. hereof, the following amounts of money, which shall be

14

(a) $1 0,000 per year for native vegrtion preservation and enhancement,

15

including the identification of areas along the lower Putah Creek dominated by non-native species,

16

and their removal and replacement with native trees and grasses. This work will be coordinated with

17

efforts by other individuals and entities involved in similar removal and replacement efforts.

18
19

(b) $55,000 peryear for the monitoring ofwildlife, including birds, mammals,
reptiles and amphibians which live in and around lower Putah Creek.

20

(c) Amounts, if any, to be delermined by SCWA for acquisition of easements

21

from volWltary, willing sellers, for the maintenance and enhancement of the biological resources of

22

lower Putah Creek These acquisitions shall be coordinated with the development of a long-tenn

23

plan.

24

individuals.

The development of this plan shall be coordinated with other interested entities and

25

(d) $55,000 per year for the monitoring of native fish in lower Putah Creek.

26

(e) $40,000 per year for a Streamkeeper for lower Putah Creek, whose duties

27

shall include, without limitation, preparing reports to the LPCCC regarding all aspects of lower

8542\P040600abl

Exhibit "D", Page 6 of 10

Putah Creek, attending all LPCCC meetings, weekly monitoring and recording offlows at specified
2

locations, weekly monitoring and recording of all diversions from lower Putah Creek. coordinating

field trips and public projects to improve lower Putah c["ee natural values, and identification and

reporting to the LPCCC of any activities that are harmful to the health oflower Putah Creek.

(I) General grants totaling $250,000 in the aggregate for the preservation and

enhancement of the natural values of lower Putah Creek, which shall be allocated by the LPCCC.

(g) The amounts provided for in subsections (a), (b), (d) and (e) to the extent

not allocated by the LPCCC in any given year shalI not carry over to subsequent years. Amounts

not expended on the matters enumerated above, however,

10

0) Forpreservation and enhancement ofbirds, mammals, reptiles and

amphibians that live in and around lower Putah Creek; and

13
14

authorized by the LPCCC, may be

expended for the following additional purposes:

11
12

as

(ii) For preservation and enhancement of native fish in lower Putah

Creek.

(h)

IS

The contributions specified in subparagraphs (6)(a), (b), (d) and (e)

up

16

shall be annually adjusted,

17

published, in the relevant year, in the Survey ofCurrent Business, by the United States Department

18

ofCornmerce, lfthe IPD no longer is available, then the most comparable available index shall be

19

used instead.

or down, in proportion to any changes in the first quarterly !PD

20

B. !fthe parties to this Amended Judgment have not reached agreement on the exact form

21

and functions ofthe LPCCC within six months after the filing of this Amended Judgment, then the

22

Court, exercising its reserved jurisdiction, shall mediate the development of a final agreement with

23

respect to the form and functions of the LPCCC and, ifthe parties fail to agree duringthe mediation,

24

shall have the authority to mandate the form and functions of the LPCCC after considering any

25

arguments of the parties. If the LPCCC ever is unable to decide how to spend any of the moneys

26

that are described in subsection III.A.(6) hereof, then the Court, exercising its reserved jurisdiction,

27

shall mediate the development ofan appropriate plan to spend such moneys, and, ifthe LPCCC fails
8542\P040600abl

Exhibit "D", Page 7 of 10

to approve such a plan, then the Court shall have the authority to mandate

the expenditure of such moneys.

an

appropriate plan for

C. The LPCCC shall specify the general duties and responsibilities of the Streamkeeper and

shall review and evaluate the Streamkeeperls perfonnance at least once each year. The Streamkeeper

shaH report directly to the Executive Committee afthe LPCCC, and the Executive Committee ofthe

LPCCC shall supervise the Streamkeeper's day-to-day duties aod responsibilities.

D. The LPCCC shaH detennine the scopes afthework to be performed under subparagraphs

A.(3)(a), (b), (c) and (d) ofthis Amended Judgment. No expenditures under subparagraphs A.(6)(a),

(b), (c), (d), (e) and (I) of this Amended Judgment shall be made without the advaocc approval of

10

the LPCCC.

1\

E. The LPCCC shaH pursue and support the foHowing types of measures for anadromaus

12

fish, through the fish surveys and the Streamkeeper's work described in subparagraphs A.(6Xd) and

\3

(e) aod other actions that may be taken by the LPCCC, including seeking additional funding where

14

already identified sources are insufficient and coordinating with other applicable planning efforts:

IS

(I) A survey and analysis af existing spawning gravels far anadramaus fish in the

16

reach of lower Putah Creek from the Putah Diversian Dam ta Pedrick Raad, and the potential far

17

enhancement of these spawning gravels;

18

(2) A survey and analysis ofany obstacles to anadromous fish passage in lower Putah

19

Creek, includes for the purposes of this survey and analysis, the Putah Diversion Dam and any

20

structures downstream therefrom;

21

(3) The development ofa sedimentation management plan for lower Putah Creek that

22

would prevent or mitigate for any damage to fish habitat that may be caused by releases of sediment

23

at the Putah Diversion Dam;

(4) Monitoring of lower Putah Creek to determine the extent and timing of chinook

24
25
26
27

salmon, steelhead trout and Pacific lamprey in lower Putah Creek;

(5) Provided, however, that if an RCP process has been initiated within one year af

I
. . .
.
. .
entry of this Amended Judgment and includes a p ropose
(l Safe Harbor prOViSion Wlth achVltles
I

8542\P()40600abl

Exbibit

"D", Page 8 of 10

delineated in both the proposed Safe Harbor provision jd subparag aphs m .E.(I)-(4), then the
2

LPCCC shall not undertake the activities until either the HCP is fmalized or five years have passed

since entry of this Amended Judgment.

F. The Core Group may approve changes to any provision ofthis Paragraph m, provided that

such changes do not alter, and

Judgment. The Core Group shall file any such changes and an expl

change with the court, for filing with this Amended Judgmen4 within O days after the Core

Group approves the changes.

are

not inconsistent with, any other rovision of this Amended

tion of the reasons for the

G. All data collected during any of the activities referenced ' this Paragraph m and all

10

reports and other documents provided to the LPCCC shall be immkatelY made available for

11

inspection and copying by any party to this Amended Judgment or Jy interested member of the

12

public during normal business hours. To the extent feasible and

13

its internet website, or make available to the public by similar electroni means, all data and reports

14

that must be made available for inspection and copying under the preceding sentence of this

IS

paragraph within I S days after SCWA receives each set of such data and each such report.

16

nable, SCWA shall post on

reasc

H. The parties are encouraged to augment, to the degree p

sewA, in order to further the

I'tted by applicable law, the

17

sums of money herein committed by

18

parties will provide notice to and coordinate with the LPCCC regardin actions that may affect the

19

seopeofthe LPCCC's authority and responsibilities with respect to low

20

for in this Amended Judgment.

ork outlined herein. The

Putah Creek as is provided

21

N. LIMIT ON AVERAGE ANNUAL ALLOCATIONS

22

Solano Project Contract Allocations are defined as the amount of all Solano Project Water

23

delivered to Participating Agencies pursuant to the agreements between CWA and the Participating

24

Agencies. Solano Project Contract Allocations also include Solano roject Water not delivered

25

during the allocation year and instead stored in Lake Berryessa P1uant to Article 4(c) of the

26

Contract Between the United States and Solano County Water Agency roviding For Water Service

27

(Contract No. 14-06-200-4090R). Putah South Canal Conveyance I sses (Canal inflows minus

8542\P040600abl

Exhibit "D",

Page

9 of 10

deliveries from Canal) are not included in Solano Proj ect Contract Allocations. During each year,
2

Solano Project Contract Allocations shall be limited such that there

years during which, over those ten years. the average Solano Project Contract Allocations exceed

192,350 afper year. The Parties acknowledge that the 10-year average amount of Solano Project

Water delivered to Participating Agencies may exceed 192,350 afin certain years due to the delivery

ofthe aforementioned stored water.

are

never ten (10) successive

V. AWARD OF FEES AND EXPENSES

The cross-defendants shall not be required to pay the Regents ofthe University ofCalifornia

any amount of money on account of the attorney fees and expenses incurred by the Regents in this

10

action before or on the date of this Amended Judgment.

II

VI. RESERVED JURISDICTION

12

This Court reseIVes continuing jurisdiction over the parties to provide for the administration

13

and enforcement of this Amended Judgment, including jurisdiction to modify this Amended

14

Judgment in accordance with applicable law.

15
16

DATED:

17

, 2000

Richard K- Park, Judge

Sacrainento County Superior Court

18
19
20
21
22
23
24
25
26
27

8S42\P040600abl

Exhibit "D", Page 10 of 10

[JI2J/OO[
Exhibit "En

BEFORE THE STATE WATER RESOURCES CONTROL BOARD

OF THE STATE OF CORNlA
DIVISION OF WATER RIGHTS

In the Mauer of Solano Project Water Rights:

Application 1 1 199, Permit 10657;
Application 12578, Permit 10658;
Application 12716, Permit 10659.

)
)
)
)
)

PETITION FOR CHANGE

(Water Code 1707)

-------

The

United States of America, Depanment of the Interior, Bureau of Reclamation (the "Bureau of

Reclamation"), permittee for water-right Permits 10657, 10658 and 10659, hereby petitions the State
Water Resources Control Board (the "SWRCS" ), pursuant to section 1707 of the California Water Code,
for the following changes in these water-right permits:
1.

To add preservation and enhancemenl of wetlands habitat and fish and wildlife resources to

the 3U1horized purposes of use;

2.

To add the channel of Putah Creek from the Putah Diversion Dam to the Toe Drain on the

eastern side of the Yolo Bypass to the authorized place of use; and
3.

To replace condition I I of SWRCB Decision 869 (as last amended by SWRCB Order

WR 84-7 ) with the release and instrel.nlflow requirements specified in the attached Exhibit " E-I" (which
includes the attached Exhibits "E-2" and "E-3"). On issuance of water-right licenses for these water
rights, the leon "pennittee" in these exhibits shall be replaced with the term "licensees".
The Bureau of Reclamation requests that any SWRCB order on this petition explicitly confirm that

pennittee and any subsequent licensees are not abandoning any watlthat is released from the Putah

Di version Dam to satisfy the instreamflow requirements specified in the auached Exhibits "E- I ", "E-2"
Exhibit "E". P.age

of

and "E-3", and that permittee and subsequent licensees shall retain dominion and control over thereleased
water until all of the applicable instream-Oow requirements in these attached exhibits are satisfied.
UNITED STATES OF AMERlCA
DEPARTMENT OF THE lNTERlOR
BUREAU OF RECLAMATION

DATED:

. 2000.

______

B y:_
- ..,.;:- --;-;
,-c--,---

_
_
_
_
_
_

Regional Director

Exhibit "En,

Page

2 of 2

[3/23/001

Exhibit "E_l"
Solano Project Releases and Instream Flows for 4wer Putah Creek

A.

Rearing Flows 1) (2) & (3)all shallbe maintained)

(1)

Permittee shall. for each month

as

set forth below, maintain mean daily

releases from the Putah Diversion Dam to Creek downstream of the Putah Diversion Dam
(hereinafter "lower Putah Creek") that are equal to or in excess of the following rates,
expressed in cubic feet per second ("cfs"):

Mean Daily Release

Ocl

No,

Dec

lan

Feb

Mar

Apr

May

lon

lut

Aog

Sep

20

25

25

25

16

26

46

43

43

43

34

20

(cfs)

These mean daily releases shall be measured

ill

the Putah Diversion Dam and made from the

Putah Diversion Dam into lower Putah Creek immediately doJnstream of the Putah
Diversion Dam. The-instantaneous releases at the Putah Di version Dam shall at all times
equal or exceed ninety percent (90%) of the applicable mean daily release requirement.

(2)

Permiuee shall, for each month as set forth below, release sufficient water

from the Putah Diversion Dam into lower Putah Creek immediately downstream of the Putah
Diversion Dam to maintain mean daily flows in lower Putah Creek that are equal to or in
excess of the following rates, expressed in cubic feet per second ("cfs"):
Ocl
Mean Daily Flows

(efs)

No.

10

Dec

10

lan

Feb

MOT

15

15

25

Apr

May

31

20

lon

luI

Ao"

15

15

10

These mean daily flows shall be maintained and measured at or in the near vicinity of the
Interstate 80 Bridge. The instantaneous flow at the Interstate 80 Bridge shall at all times
equal or exceed ninety percent (90%) of the applicable mean daily flow requirement.

Exhibit "E-1", Page 1 of 7

Sep

[3/23/00J

(3)

I
p

Permittee shall at all limes of the year release sufficient water from Putah

D'IverSlon
, Dam to lower Putah Creek to maintain a continuous ow of surface water in Putah

J of the Yolo Bypass,

identified as River Mile 0.0 on trial exhibit number 4 1 in the L

Creek from the Old Davis Road Bridge to the western bounda

ait Creek Water Cases,

Judicial Council Coordination Proceeding No. 2565.

B.

Spawning Flows((1) (2) & (3) all shall be maintained)

(I)

At a time between February 15 and March 3 1 0 every calendar year,

Pennittee shall release a three-consecutive-day pulse afwater from the Putah Diversion Dam
into lower Putah Creek equal to or in excess of the following rates:
(a)

ISO cfs for the first 24 hours;

(b)

100 cfs for the second 24 hours; and

(c)

80 cfs for the third 24 hours.

Pennittee may. in its discretion, time this pulse so

as

to utilize any uncontrolled flows that

may provide some or all of the water needed to comply with this requirement.
(2)

In every year, for the 30 days that follow the three-day pulse release described

in paragraph S.( I ), Permittee shall release sufficient water from the Putah Diversion Dam
into lower Putah Creek to maintain a mean daily flow equal to or in excess of 50 cfs at the
Interstate 80 Bridge. During this period, the instantaneous flOfS at the Interstate 80 Bridge
shall al all times equal or exceed 45 cfs.
(3)

In every year, at the conclusion of the 30th day of the SO cfs spawning flows

described in subsection B.(2), Pennittee then shall ramp down the controlled releases from
the Putah Diversion Dam gradually over a seven.day period until the flows are in compliance

with the applicable requirements set forth in subsections A.(2) A,(3), C.(3) and C.(4) of this
Exhibit "E- I",
C.

Supple mental Flows ((1) (2) (3) & (4) all sball be maintained
The requirements set fOl1h thus far herein are intended to protect the aquatic and

related resources found in lower Putah Creek. In addition to maintaining these resources,
Exhibit uE_l", Page 2 of 7

[3/23/(0)
.,

Permittee shall provide supplemental flows in an attempt to enhance the aquatic and related
resources of lower Putah Creek above that baseline. Accordingly:

(1)

Pennitlce shall, during the period from November 1 through December 15 of

each calendar year, release sufficient water from Putah Diversion Dam to lower Putah Creek
to maintain a mean daily flow of at least 5 efs, and an instantaneous flow of at least 2 cfst at
the point where Putah Creek discharges into the Toe Drain on the eastern side of the Yolo
Bypass (the "East Toe Drain").

(2)

Beginning sometime between November 15 and December 15 of each

calendar year, Permittee shall release sufficient water from Putah Diversion Dam to lower
Putah Creek to maintain a mean dn.ily flow of at least 50 cfs, anh an instantaneous flow of at
least 45 cfs, for five consecutive days at the point where Putah Creek discharges into the East
Toe Drain. If a. flash board dam is present on Putah Creek near the East Toe Drain during
that period, and if the flash boards are removed during that period, then to the extent feasible
the first day of the 50 cfs pulse flow at lhe East Toe Drain shall follow the removal of the
flash boards. The precise timing of the initiation of the 50 cfs pulse flow shall be set each
year by lhe Lower PUlah Creek Coordinating Committee (lhe "LPCCC") established in
accordance with section III of the Amended Judgments in the Putah Creek Water Cases,

Judicial Council Coordination Proceeding No. 2565 .. The Obje ive of the LPCCC shaH be to

lI

time the release so as to maximize the potential for such flows t6 attract anadrornous fish into

Putah Creek. If the exact date of releases has not been establis ed or agreed upon by the
LPCCC, then the releases dealt with in this subparagraph shall ommence on December 1 of
the affected calendar year.

(3)

Beginning on the sixth day after initiation of the above described 50 cfs pulse

flow. and continuing each day thereafter through March 3 1 , Perittee shall release sufficient
water from Putah Diversion Dam to lower Putah Creek to mainain a mean daily flow of at
least 19 cfst and an instantaneous flow of at least 14 erSt at I-80.

Exhibit "E-l", Page 3 of 7

[3/23/00[

Beginning on April 1 of each calendar year, and continuing each day

(4)

thereafler through May 3 1 , Permittee shall release sufficient water from Putah Diversion

JI

Dam to lower Putah Creek to maintain a mean daily flow of at I as1 5 efs, and an
instantaneous flow of at least 2 cfs, at the point where Putah Creek discharges into the East
Toe Drain.
D.

Drought Year Bows

(1)

During years when total storage in Lake Berryessa is less than 750,000 acre

feet ("af') as of April 1 (a "Drought Year"), the release and ins eam flow requirements set
fonh in sections D.(2), D.(3) and D.(4) below ("Drought Year Requirements") shall apply
instead of the release and instream flow requirements set forth id sections A" B . and C.
above ("Non-Drought Year Requirements"). Provided, however, that if after April I the total
storage in Lake Berryessa rises to 750,000 af or more, then the on.Drought Year
,
Requirements shall immediately take effect.
(2)

During a Drought Year, releases of water from the Putah Diversion Dam into

lower Putah Creek shall equal or exceed the following amounts fmean daily values, in cfs,
with instantaneous releases always equal to or exceeding 90 % of the listed values):

Oct

Nov

Dec

Jan

Feb

Mar

Apr

Ma

Jun

Jul

Aug

Sep

15

25

25

25

16

26

46

33

33

33

26

15

(3)

During a Drought Year, Permittee shall release sufficient water from the Putah

Diversion Dam to maintain a continuous flow of surface water in Putah Creek from Putah

Diversion Dam to the Interstate 80 Bridge, and further shall rele se sufficient water from the

Putah Diversion Dam to maintain a minimum mean daily instre m flow of 2 cfs at the
Interstate 80 Bridge, with instantaneous flows always equal to or exceeding 1 cfs. Under

Exhibit "El", Page 4 of 7

[3 /23/001

these conditions, Permittee shall not be required to maintain a cLtinuous flow of surface
water in the reach of Putah Creek below the Interstate 80 Bridge.

(4)

Whenever the release and inslream flow reqUirerents set forth in sections

D.(2) and D.(3) are in effect for two consecutive years, then during the next year thereafter
the Non-Drought Year Requirements shall apply and shall remain in effect for an entire
period. from April 1 through March 3 1 , unless total storage i n Lake Berryessa on April 1 is
less than 400,000 af. If the Drought Year Requirements afe ever in effect for three or more
consecutive years, then the Non-Drought Year Requirements shall appl y and remain in effect
for an entire period from April 1 through March 31 in the ftest subsequent year during which
total storage in Lake Berryessa on April 1 exceeds 400,000 af.

(5 )

For the purposes of this section D, "total storage in Lake Berryessa" shall be

the actual amount of water that physically is stored in Lake Benyessa (including all
carryover storage) plus a Storage Adjustment. As of the date of entry of this Amended
Judgment, the Storage Adjustment shall be zero. Thereafter, the amount of any controlled

release of water from Lake Berryessa that is not for the purpos of (i) Solano Project

Diversions, or (ii) maintaining the flows in lower Putah Creek that are required by this
Amended Judgment shall be added to the Storage Adjustment. When Lake Berryessa spills.
and all carryover storage has been spilled or othelWise eliminated, the Storage Adjustment
shall be re-set to zero. The Storage Adjustment shall never be less than zero. "Solano
Project Diversions," for the purpose of this paragraph. means

ater delivered to Solano

Project Participat ing Agen cie s and Putah South Canal Con veyan ce losses (Canal inflows
minus deliveries from canals).

(6)

If Solano Project Water that is not within the scope of Solano Project Contract

Allocations, as is defined in Section IV of the Amended JUdgJents in the Putah Creek Water

Cases, Judicial Council Coordination Proceeding No. 2565, evlr is stored in an offstream
reservoir or reservoirs or underground storage, and, as a result, Lake Berryessa storage levels

are reduced below the levels that wou ld occur in the absence o such storage, then the

Exhibit "E-}", Page 5 of 7

[3/23/00!

750,000 af amount in paragraph D.( I ) and the 400,000 af amount in paragraph D.(4) shall be

adjusted so that Drought Year Requirements will continue to oc ur at the same frequencies as
they would have occurred in the absence of such storage.
E.

mega!DiversionAccount
If there is any risk that illegal diversions may take place from lower Putah Creek to a

degree that water released by the Solano Project for the purposes of maintaining the

minimum flows set forth herein will be signifjcantly depleted. then the procedures set forth in
the attached Exhibit
F.

E2

"

"

shall be implemented.

MonitoringRequirements ((J) (2) (3) &(4) all shall be satisfied)

(I)

Perminee shall continuously measure and record releases from the Putah

Diversion Dam to lower Putah Creek, and shall detennine and record each day's mean daily
release.
(2)

Permittee shall forthwith inswll and maintain floT measurement gauges

capable of measuring instream flows on a continuous basis at the Interstate 80 Bridge and
near the East Toe Drain. Pennittee shall collect and maintain the data recorded by each of

these gauges as is necessary to demonstrate their compliance w h the flow requirements

imposed by this Amended Judgment. In addition, Permittee shall make regular

measurements of instream flows at Stevenson Road Bridge, ped ick Road Bridge and Old
Davis Road Bridge. If the instream flow measured at Stevenson Road Bridge, Pedrick Road
Bridge, or at Old Davis Road Bridge, is less than the minimum instream flow requ irements in
section A.(2) above on more than an infrequent basis, then the paragraph A.(2) flow
requirements shall stan to apply at such measurement point o r

ints. in addition to still

applying at the Interstate 80 Bridge. Permittee shall install, maintain, repair, calibrate and

l
!
)0

operate gauging equipment at such compliance points as may b e necessary to ensure and
demonstrate their compliance with the provisions of this EXhibit "An. Gaging equipment
shall be installed to provide a range of measurement from 0 cfs

at least 200 cfs.

Exhibit "E-l", Page 6 of 7

13/23/00J

(3)

Permiuee shall monitor flows in the entire reac of lower Putah Creek from

Old Davis Road Bridge to River Mile 0.0 with sufficient frequdncy and by sufficient means

to ensure compliance with the requirement in part A.(3) of this Amended Judgment that
continuous flow of surface water be maintained in this reach at all times of the year. All
measurements and observations of this reach made for purposes of compliance with this
requirement shall be recorded.

(4)

Pennittee shall maintain reco1"ds, in both paper and electronic fonnat, of all

release and flow measurements, all calculated mean daily releases and flows, and all
observations required by this Judgment. Promptly upon requeJt, these records shall be made
:lvililable for review and copying by any person during normal business hours at the offices
of Permittee or its designee.

Exhibit "E-l", Page 7 of 7

13n31OO]

'

Exhibit "E-2"

Effe cts of Illegal Diversions of Water from LOW r Putah Creek

on Solano Project's Obligations to Maintain Exhibit A Ins ream Flow ReqUiremen s

1.

The Solano Project shall satisfy all of the release and instream flow
requirements that are specified in Exhibit "E-I" at all times, whthef or n01 any illegal
diversions of water from lower Putah Creek are occurring, except to the extent that
exceptions [0 the instream flow requirements are authorized by his Exhibit "E-2". These
exceptions shall only be authorized during the in-jgation season. "Irrigation season" shaH
mean the period from March 1 through October 3 1

2.

af each

year

To determine the Solano Project's obligations to satisfy the inslream flow

requirements specified in Exhibit "E-I" during times when illeJal diversions from lower
Putah Creek are occurring, an Illegal Diversion Account shall

J established. Staning at the

beginning of the sixth irrigation season during which this llJegai Diversion Account is drawn
upon. the balance in this account shall be set to 1 ,000 acre feet at the beginning of each
irrigation season, regardless of the account's balance at the end of the prior irrigation season.
Prior to the sixth irrigmion season in which the llIegal Diversion Account is drawn upon, the

balance in the lJIegaJ Diversion Account at the beginning of each irrigation season shall be
set ta 2,000 acre feet. Any credits made pursuant la Paragraph

af this Exhibit "E2" far

I. .

any irrigation season shall be in addition to the initial balance. Permittee or, at Permittee's
.

e Iectlon.
the Solano County Water Agency ("SCWA") shall mamtalO an accurate accountmg

of all credits to and deductions from this account.

3.

I
f
,

At the beginni ng of each irrigation season, Pern1 uee or sew A shall prOVide

written notice to all. riparian landowners of Penniuee' s or SC

wlA 's projections of the time

Exhibit 44E2", Page 1 of 5

[3/23JOOI
period during which such landowners legally may divert from each reach of lower Putah

Creek during the irrigation season. This notice shaH encourage aCh riparian landowner to
provide Pemlittee or SCWA with the dates and amounts of the rndowner's planned
diversions of water from lower Putah Creek during the irrig ation season. Permittee or

sewA may, in its discretion. provide additional notices. making updated projections of the
amounts of water that such landowners legally may divert from lower Putah Creek, to these

landowners as the irrigation season progresses. The calculations in these notices shall be
based on the fonmulas and procedures described in Exhibit "E3".

4.

The term "illegal diversion" in this Exhibit "E-2" means a diversion that is

iHegaI based on the fonmulas and procedures described in Exhibit "E3". The sole purposes

of this definition are for implementing the provisions of this EJhibit "E-2" regarding
deductions from the Illegal Diversion Account pursuant to this aragraPh4 and modify ing

the Solano Project's release requirements pursuant to paragraph 6 of this Exhibit "E-2". If

Permittee or sew A has filed, and is diligently pursuing, a cou action against a landowner
with an illegal diversion, and if Permittee or SCWA has comprd with all of the provisions
of paragraph 3 of this Exhibit "E-2", and is complying with all of the provisions of
paragraph 5 of this Exhibit "E-2", then deductions shall be made from the Illegal Diversion

Account for any amounts of water that the Solano Project releases from the Putah Diversion
Darn into lower Putah Creek during the irrigation season SOlel for the purpose of
compensating for that illegal diversion while maintaining the i stream flows specified in
Exhibit "E-I". "Diligently pursuing" means seeking, at the ear iest possible opportunities, a
temporary restraining order,

preliminary injunction and a permanent i nju nctio n stopping the

illegal diversion, and a declaratory judgment regarding the illegality of the diversion. If there

Exhibit "2", Page 2 of 5

13123/001

is more than one illegal diversion, then all of the provisions of this paragraph shall apply to
each illegal diversion.

5.

During any period during which deductions are eing made from the Illegal

Diversion Account, Permittee or sewA shall make streamflow measurements on a

continuous basis at sufficient locations along lower Putah Creek to make the calculations and
detenninations described in Exhibit "E-3", During such periods. Permittee or sew A shall
,
post all such data. calculations and determinations on its Internet website, or make such
information available to members of the public by similar electronic means, and shall update
such posted infonnation at least once each day.
6.

If the balance in the Illegal Diversion Account ever reaches zero, then. during

the remainder of the irrigation season during which the Account balance reached zero and
while Permittee or sew A continues to diligently pursue the court action described in the

paragraph 4 above and continues to make available the data. calculations, determinations and

reports described in paragraph 5 above. and while the court act on is pending. the Solano
Project shall not be required to fully comply with any instream flow requirement that is
specified in Exhibit "E-I" for a point that is located downstream of any illegal diversion that
is subject to the coull action and that occurs after the Illegal Diversion Account balance

reaches zero. Instead. under these conditions. the Solano proje t shall release from the Putah
Diversion Dam into lower Putah Creek ill least the amounts of rater that would be sufficient
to satisfy all of the instream flow requirements in Exhibit "E- I". if the illegal diversion that is

l
Project's release obligations shall be adjusted as frequently as nlcessary (0 reflect changes in

"
subject to the court ac tion were not occurring. Under these circ mstances. the Solano

hydrological conditions or changes in the rate of the illegal div sion. Immediately upon the

Exhibit "E2". Page 3 of S

[3123/(0)

cessation of such illegal diversion, the conclusion, dismissal or cessation of diligent pursuit
of the court action, or the end of the irrigation season, whichever occurs first, the Solano
Project shall satisfy all of the instream flow requirements in Exhibit "E- I". If court actions

regarding more than one illegal diversion are pending, then the prOViSions of this paragraph
shall apply to all such illegal diversions.
7.

Deductions from the Illegal Diversion Account for an illegal diversion may be

made only for a maximum of two years after the court action described in paragraph 4 above
is filed against the landowner with the illegal diversion. Even if a final judgment is not
issued in such court action within two years after the action is

ed. and even if such coul1

Dction is dismissed for any reason, the Solano Project nevertheless thereafter shall be
required to maintain all of the instream flows described in Exhibit "E- l", and no further
deductions shall ever be made from the Illegal Diversion Account for any illegal diversion
that is or was the subject of the court action. However, if a new illegal diversion with neither
a point of diversion nor a place of use that is within the scope of the court action described in
paragmph 4 above occurs, then the provisions of paragraphs 4, 5 and 6 above, and this
paragraph, shall apply to the new illegal diversion. If there is more than one such new illegal
diversion, then the provisions of paragraphs 4, 5 and 6 above, Jnd this paragraph, shall apply
to each such new illegal diversion.
8.

If a court of competent jurisdiction issues a final judgment specifying the

legality or illegality of any particular diversion from lower put h Creek, then Permittee or

SCW A shall adjust the formulas and calculations in Exhibit "E 3" to be consistent with the
court's judgment, and the adjusted formulas and calculations snail be applied thereafter. If

Exhibit "E-2'\ Page 4 of 5

[3/23/(0)

any interested party disagrees with Pemlinee's or

1
sewA' s adjustment, then that party may

ask the SWRCB. by noticed motion, to determine what the apprQpriate adjustment should be.

9.

If any adjustments to the formulas or calculations in Exhibit "E-3" are made

pursuant to paragraph

8 of this Exhibit HE_2", then appropriate abjustments shall be made to

the Illegal Diversion Account, for example, credits shall be made for the total amount of aJ]
debits that previously were made from the Account for diversion that were treated by
Permittee or sewA as illegal. but which would have been legal under the adjusted formulas

and calculations. If Permittee or SCWA ceases to diligently pursue any court action
described in paragraph

4 of this Exhibit "E-2" before a final judgment is entered, then credits

shall be made to the Illegal Diversion Account for the total amount of all debits that
previously were made from the Account for the diversion that was the subject of the court
action. The credits described in this paragraph shall be spread equally over the same number
of irrigation seasons as the number of irrigation seasons during which debits from the
Account were made. If the

COUll

issues its final judgment durini an irrigation season, then

the first year of such credits shall be made immediately to the Account. If the court issues its
final judgment not during an irrigation season, then the first year of such credits shall be
made during the next irrigation season. Subsequent credits shall be made during the
immediately following irrigation seasons.

Exhibit "E-2", Page 5 of 5

[4/ll/DO[
Exhibit "E3"

Permittee's Methodology for Monitor;ng

and Quant ifying the Availability and lJrc of
Riparian Watcr in Lower Putah Creek

This document provides Permittee's explanation and basi for its methodology for

monitoring and quantifying the availability and use of riparian w ter in Putah Creek,
downstream of the Putah Diversion Dam. Permittee's methodology, hereafter referred to as
the Lower Putah Creek Riparian Water Program ("PRWP"), will be used by Permittee or, at
A"), to ( I ) differentiate

Permittee's election, by the Solano County Water Agency (" SC

between and quantify the availability of riparian versus non-riparian waters in Putah Creek,

downstream of the Putah Diversion Dam, and (2) i de ntify and q

ntifY illegal water

diversions, downstream of the Pu tah Diversion Dam. Permittee nticipates that

implementation of the PRWP will increase the efficiency with w ich the instream flow

requirements of the Solano Project, as specified by this petition, re satisfied, and facilitate
the lawful diversion of riparian waleI' downstream of the Putah Oiversion Dam.

1.0

OV ERVIEW

III

nts of

ow

Putah

re k Ri arian Water Pr

ram

The PRWP consists of two components: Prcirrigation s ason water availability

forecasts, and rcaltime stream now monitoring during the irrig tion season, where
"irrigation season" is defined as March I through October 3 1 .

nnual water availability

'xhibit "E-3 ", Page 1 of 1 1

r
T

forecasts will he provided to riparian water users prior to the irr

t i on season, so they and

other Interested parties can plan and, I f necessary, make other a

ngements for obtaIning

liTIgation WaleI', before slgmfIcant tllne and fmancwi resources arc committed to the

+1

cultivation of a given crop. Real-time momtonng will be condu cted to: ( I ) detcrImne, on a

daily basis, the quantities of nparian water that are available to

ter users

III

Lower Putah

Creek, and (2) differentiate and quantify, on a daily basis, lega' c rsus illegal riparian
diversions.

1.2

Definition of Riparian Water

For the purposes of the PRWP, riparian stream flows are defined as any surface water
derived from precipitation or rising groundwater that, given prC a iling hydrologic conditions,

would occur in Lower Putah Creek in the absence of the Solano Project. Non-riparian water,
such as treated wastewater and agricultural return flows originating from a non-riparian
source (e.g., pumped groundwater that would not otherwise be t ibutary to the creek) cannot,
by definition, be diverted by riparian water right claimants and, herefore, is not included as a
source of riparian water from Lower Putah Creek.

2,0

WATER AVAILAB ILITY FORECASTS

Permitlee's riparian water availability forecasts for Low r Putah Creek

will be based

on stream flow conditions observed in the Putah Creek drainag , upstream of the Putah
Diversion Dam, in the prior (i.e .. antecedent conditions)

and cu rent water year. Forecasts

xhibit

"E_3", I'age 2 of 1 1

14/11/001
will be made on January I , March 1 and May I. The January 1 bnd March 1 forecasts, which
l
will be made before the current rainy season is over, will be baS d in part on projected stream

now conditions for the balance of the rainy season, while the M 1 y I forecast, the final
forecast for the water year, will be based on actual runoff measured 10 dale. Both the

January 1 and March I forecasts will include three scenarios. based on the assumption that
the balance of the rainy season will either be "WCI" (25% exceedance), "nonnal" (50%
excecdance) or "dry" (75% excecdancc).

In order to address the differing sources and durations o{ riparian stream flows

(surface stream flows from Putah Creek andlor tributaries to Putah Creek, or rising

groundwater), Lower Putah Creek has been divided into five rerhes, Water availability

forecasts will be made for each reach, Stream reach designations and the analytic framework

for making water availability forecasts are presented i n "Attachment 1",

3,0

REALT1ME MONITORING
3.1

Quantifying Available Rinarian Water Supply

Stream flows and the associated stream flow gains and I sscs will be monitored by

re<'lch, on a continuous basis, and the availability of riparian wa er and extent of illegal

diversions will be determined daily, using a series of water mas: balance cquations to track

- .

'
'
and non-npanan water entering and I eavlOg
cach stream reach ,
tIle quantltlcs 01- both riparian

'xhibit

"E-3", Page 3 of 1 1

A summary of Ihe eq u al ion s u sed

presented in Atlachmcnt I .

10

14/ 1 1 /001

define riparian waler availa ililY, by slream reach, is

OW I

Although the determination o f nel riparian flow is based

real-time stream flow

measurements, there are Situations

whcre reai -lime
stream fl
"
'

measurements are not

Condilion 12 Senlement Agreement for Ihe Upper Putah Creek

practical and therefore simplifying assumptions must be used, much as they are in the

rainage, For example,

under existing conditions it is difficult to measure accurately real-time stream flow losses in
the stream reach now inundated by Lake Solano. Consequently, a "fixed" loss figure

previously adopted by the United States Bureau of Reclamation may be used in the water
mass balance calculation for this reach. In all cases, the simplifying assumptions used to

quantify the availability of riparian waler are purposely conservative in the sense that they

I , ,

"
tend to overstate the aVai'I ab'l'
I ily 0f nparlan
stream flows. 0 verstatmg rlpanan water
,

availability is preferred, since it presumably increases the enforceability of the PRWP and ilS

acceptability to riparian water users.

3.1.1

Data Collection

3. 1 . . Measurement of Riparian Diversions

Riparian diversions will either be measured directly, uSi g an appropriate meter and

assuming landowner/operator permission is obtained. or indircct Y, via mcasuremcnt of creek

stream nows in the vicinit y o f the diversion. Riparian diversion typically constitute a

Exhibit " E-3", Page 4 of 11

I4III/OO!
readily measurable rrac tion or the total stream now in any given reach (500-2.000 gallons per

minute. or about 1-5 cubic reet per second). and are thererore ea

y detected by conti nllollsly

measuring stream nows entering and leaving a given stream seg lent.

\Vastewater Discharges
The agricultural return flows entering Lower Putah Creek are for the most part non

riparian water sources, as are the tcealed wastewater discharges from the Uni versity of

California - Davis (U.c. Davis) water treatment facility. which enter Lower Putah Creek near
Old Davis Road. Nevel1heless, these water sources must be quantified for water mass

balance accounting purposes. The University's treated wastewater discharges are measured
and recorded by the treatmen t plant operators. Most of the agri

ltural return flows are too

small and/or sporadic to warrant direct measurement, and will tHerefore be estimated, or if

insignificant relative to the total creek stream flow, ignored. However, one notable exception

is Ihe Willow Canal, which discharges inlo Lower Pulah Creek "st upstream of Pedrick
Road. Discharges from the Willow Canal, which is operated by the Yolo County Flood

measured as nccessmy.

Control and Water Conservation District (YCFC&WCD). will

ou

Evapotnillspjralion

The amounts or groundwater seepage (into or out of the reck) and water lost to open-

water evaporation and transpiration by riparian vegetation vary

oom,,,;. '" .. """ ;"' ,0;", """ ,. m;'"" -""

raduully over lime, in

"".. ;m.. ..

Exhibit "E-3", Page 5 o f 11

14/11/001
agricultural return nows. For the purposes oflhe PRWP, the net flow gain or loss from these

faclOrs (groundwater seepage. evaporation and transpiration) are combined into a single term

that represents the natural or " background" net stream now gain or loss rate within a given
reach. Background gains and losses are most easily quantified a the differe nce in stream
_

flow over a given reach ("lOp of reach" stream flow versus "bono!ll of reach" stream flow),
in the absence of any diversions or "intra reach inflows,"

Groundwater seepage along the reach from 1505 to Stevenson Bridge typically

transitions from net loss (seepage out of the creek) to net gain (seepage into the creek). The
location of the transition point and the total amounl of influent seepage along the gaining

stretch depend on the regional groundwater levels in the underlying groundwater basin. This

reach will be subdivided into two sub-reaches when necessary J calculate riparian water

availability. The upstream end of the gaining segment will be dLected by periodic stream
flow measurements andlor temperature changes in the creek.
3. 1 . 1 .4 Special Situations

pu mping from Riparian Wells

There is no clear boundary between wells that induce additional seepage from the

creek and wells that pump regional groundwater; the percentage of pumped water that

consists of induced seepage decreases gradually with depth and orizontal distance from the

i"

creek. A pragmatic approach adequate for the purpose of the PR WP is

"=."., , ,IT""

"'

"," " '" ,IT",

0"

"",m, "0" eo"

10

include in the

..,"

"' '", ,,=" "

Exhibit "E-3", Pagt.' 6 of 11

14/11/001

monitoring program. The philosophy hehind this approach is 1h, t well pumping does not
matter if ils effects on stream flow are not measurable: and if the effects are measurable, then
the evidence and justification for including the well as a riparian divcrter are already at hand.
In practice. it is unlikely that wells morc than about 500 feel from the creek or morc than
100 feet deep will measurably affect stream now.

Impoundments Below Mace Boulevard

Riparian water accounting is slightly more complicated at the downstream end of
Putah Creek, between Mace Boulevard and the Toe Drain in the Yolo Bypass. Two

r
f

impoundments are created in (he creek channel each year to prO de pumping pools for
irrigation operations. The lower impoundment is a Oashboard d m operated jointly by
Los Rios Farms and the California Department of Fish and Game. Frequently, some of the
water impounded behind this dam is water that is diverted from the Toc Drain of the Yolo

Bypass at a pumping stalion about I mile north of the dam and onveyed to the impoundment
by a canal. It may be necessary to gage the inflows from this canal into Putah Creek to
determine the availability of PUlah Creek riparian water in the impoundment. The issue may
be moot, however, because the downslream compliance point
at river mile 0, which is upstream of the impoundment.

rJr

resident native fish flows is

The upper impoundment is a temporary dirt berm across the channel that provides a
crossing for farm vehicles in addition to creating a pumping p

I. The berm is at about river

mile 1.0 (aligned with country road 106B). and the impounded water derives entirely frol11
Putah Creek. Irrigation return flows from adjacent fields may include water that originated

Exhibit "E-3",

('age 7 of 1 1

14111/001
from Toe Dmin diversions. and these return news will be measured or estimated in Ihe same
manner as for return flows in other reaches of the creek.

Riparian Diversioos from Pools in the Creekbcd

Prior to construction of the Solano Project. landowners in a few locations were able to
pump water from natural or constructed pools in the creckbed arer live flow in the creek had
ceased in summer. These pools were separate from the weu-d1umentcd gaining reach
above Stevenson Bridge, where groundwater seepage into the creekbed can create surface
water stream flows in the absence of surface water inflows from upstream reaches. The

accounting methodology described here does not encompass th waler in isolated pools that
would have been present in the absence of the Solano Project. The historical number of

pools is Ihoughl to be small, and Ihe pumping rales they could s stain also were probably
small.

The POSSible availability of riparian

a(er rom isolated

IS will be de lt with on a

.
,
case-by-case baSIS. If a landowner can provide eVidence that prslstent pools eXisted on hiS
or her property during periods of discontinuous streamflow prior to the Solano Project
,
construction, then the sustained pumping yield of those pools will be estimated to quantify

the amount of riparian water presently available to the landown r from that source. The yield

will be estimated from the pool volume and Ihe permeabililY 0 'he surrounding streambed
malenals, whieh may release shallow groundwater when Ihe P
pumping.

l level is lowered by

Exhibit "E-3", Page 8 of 1 1

[41l1/DO[
New Diversions and Return Flows

tl

As parcels change ownership or existing landowners modify their farming operHionst

some divcf>ions und return nows ",uy bc added und others disc ntinued. Word of mouth and
the annual riparian water forecast mailing should be sufficient

inform an newcomers that

riparian diversions from Lower Putah Creek are monitored and regulated. The new users

will be encouraged to join the cooperative effort to manage and utilize riparian water
supplies. Any changes in discharges by u.c. Davis, YCFC&WfD, and other agencies or
industries hopefully will also be communicated to the Solano County Water Agency to
facilitate a smooth transition. Any unreported changes will evehruallY be detected by the
stream now monitoring program, periodic field surveys. neighboring landowners, or the
strcamkecper.

lJncooperative Riparian Diverters

It is hoped that all riparian diverters will cooperate with each other and with the
Solano County Water Agency to make efficient use of the available riparian water supply
without any illegal diversions. However, it is possible that some landowners will attempt to
conceal their diversions or refuse to provide information about when and how much water

l
i

they are diverting, or when and where relUrn flows occur. Fon natelY, all of this information
can be obtained anyway. II would be impossible to conceal a si nificant diversion for very
long because the pumping equipment and power supplies arc large, visible, and make sound

and because the effects of the diversion will be detected by the tl'cam flow monitoring
program. The pumping rate at any diversion can be measured

irly accurately by gaging the

stream flow imillcdiately upstrcam i.lIld downstream of the dive . ion. Return flows can

Exhibit "E-3",

Page

of 1 1

14/11/001
similarly be estimated by surveys of the field drainage patterns ar the direct observation of
the return flows.

3,2

Quantifying Illegal Djversions

Any diversion in excess of the calculated net riparian

flOT

is considered illegal.

Illegal diversions, like nct riparian flow, will be monitored and quantified by reach, and to

the extent possible, by individual diverters. A summary of the e uations used to quantify
illegal diversions is presented in Attachment I.

If total riparian diversions i n any given reach exceed the available riparian supply and

the diverters are unwilling to voluntarily reduce their total diverlions to match the available

A
supply, and these actions adversely affect the Solano County W ter Agency, then the Agency

may sue some or all of the active diverters and seek court orders addressing the illegal

diversions. It is hoped that this type of enforcement action will ot be necessary. The PRWP
r
will provide all of the data needed on a real-time basis to enable the active riparian diverters
l
to manage their activities and restrict the locations and rates of t eir diversions so that they
remain within the legally available supply.

I ii

a W l r

al ulati

n,

The Solano County Water Agency will conduct the data collection activities and

com ple te the calculations necessary to generate the pre-irrigatio 1 season water availability

['/II /DO[

forecasts nnd the rcal-time riparian water availability dClcrminllti m;. All data collected for
these purposes and all formulas and computer programs used in t lC calculations will be
available on request to any interested agency, group or individua . The Solano COUIlIY Water
Agency will publish the data and results on its website and upda! the information
approximately daily during the irrigation season.

The Solano County Water Agency will deliver the first (January) pre-season water

availability forecast by mail 10 all riparian landowners along Lo cr Putah Creek.

Landowners may at that time request Ihat the subsequent forecasts (March and May) also be
sent by mail if the landowner is unable to access the information bY Internet. It would not be

practical to disseminate the real-time monitoring data by mail bepause it will be updated

daily during the irrigation season. Active divertcrs who need th daily information wiH be
able to view it on the Solano County Water Agency's website or call the Agency to obtain
the information by telephone.

Exhibit "E-3", Page 1 1 of 1 1

[41 1 1 100[

ATf ACHMENT I TO EXHIBIT "E,3"

1.0

Pre "-rigation Season Ilrcdictions

A)

Objective:
To estimate future availability of riparian stream flows, based on projected andlor prior
hydrologic conditions in the Putah Creek drainage. For pre irrigation season prediction
purposes, assume riparian stream flows consist of surface rJnoff from precipitation and
rising groundwater

B)

Analytic Approach:
i)

Divide Lower Putah Creek into the following reach9s:

a)
Putah Diversion Dam to Highway 505 Bridge (a "losing reach")
b)
Highway 505 Bridge to Stevenson Bridge (a "gaining reach")
c)
Stevenson Bridge to 1-80 Bridge (a "losing reach")
d)
1-80 Bridge to Mace Boulevard (a "losing rech"
e)
Mace Boulevard to Yolo Bypass (a "losing reach")

(Reach designations based on hydrogeologic features, proximity of suitable stream flow

gaging siles and existing riparian diversions. When necessary. reach "b" will be
subdivided into two sub-reaches.)
ii)

Predict average monthly flow and date of zero flow for each of the above riparian
water sources, in each of the five reaches:
a)
Surface runoff: calculate using statistical relationships derived from
historical data.

Stream flow recession curves derived fro stream flow gaging data for
"At Winters", "Near Winters" and "Nea Davis" stream flow gaging
stations

Stream reach percolationlevapotranspira,on loss estimating algorithms

developed for the Solano County Water gency 's Lower Putah Creek
stream flow model

p"

b)

C)

Rising grondwater: calculate using statistical relationships derived from

historical data.

Stream reach groundwater gain/loss esti'llating algorithms developed

for the Solano County Water Agency's IJower Putah Creek streamflow
model

Timing of Pre Irrigation Season Predictions:

i)

Janua? I Prediction s based on hydrolog of wate ye r to date nd three

?

.
scenariOS for the rcmalllder of the year's ramy season: . wet year. (25% Lake
-

Anachmcnl

to Exhibit "E-.T". Page I

of5

[411 1 1001

Berryessa inflow cxccedance), "nannal year" (50% Lake Berrycssa inflow

excccdancc) and "dry year" (75% Lake Bcrrycssa in ow cxceedance)
ii)

iii)

2.0

March I - Predictions based on hydrology of water year to date and projected

25%, 50% and 75% cxceedancc runoff rates for the remainder of the year's rainy
season
May 1

Final prediction based on hydrology of the water year through April

Methodology for Quantifying Riparian Stream flows During Irrigation Season

Note: Riparian stream flows are defined here as any surface rater derived from
precipitation or rising groundwater that, given prevailing hydrologic conditions, would
occur in Lower Putah Creek in the absence ofthe Solano Project. Non riparian water,
such as treated wastewater and agricultural return flows originating from a non riparian
source (e.g., pumped groundwater) cannot, by definition, be Iliverted by riparian water
right claimants and therefore, arc not included as a source o riparian water from Lower
Putah Creek.

A)

B)

OvelView:
i)

Calculate, on a daily basis, pre Solano Project stream flows (i.e., stream flow that
1
would occur if there were no dams - no Solano proj i c1) at the Putah Diversion
Dam site

ii)

Compare computed daily pre Solano Project stream flow (i.e., stream flow that
would occur if there were no dams - no Solano Proj ct) with current Putah
Diversion Dam release - detennine what fraction of the current release is stored
water or any other non riparian water source, versus riparian stream flows

iii)

Using real-lime stream flow monitoring data to qUan ifY prevailing

percolation/evapotranspiration losses and any non ri Rariall water sources,
calculate riparian flows by stream reach. The total q anlily of riparian water in
any given reach is defined here as the sum of all ripa ian water sources less
percolatiOn/evapotranspiration losses.

Analytical Approach:
i)

Riparian stream flows at Putah Diversion Dam site

USRSF LBI + !DTI - !DCL

Where: USRSF = Riparian stream flow at Putah Di crsion Dam

LBI

Computed/measured Lake Berryess inflow

(less any associated non riparian flo
lOTI Inter Dam Reach tributary inflow
(less any associated non riparian flo

I
-,- -:;;;
.
;;
.

Allac:hrnent

to Exhibit "E-J". Pa!!e 2: of 5

1411 1 1001

JOel :;:. channel percolation/evapotranspiration losses that would

occur in the Inter Dam Reach in thb absence of Lake Solano

(A stream gage will be placed on Pleasants Creek to facil itate reaHime estimation of inflow
from inter-dam tributaries. For accounting purposes, seepage and evaporation losses from Lake

Solano are assumed to be constant and will therefore be characterized by a fixed continuous loss

rate term).
ii)

Riparian stream flows in first reach downstream of utah Diversion Dam (Putah
Diversion Dam to 505 Bridge)

1 RRSF

USRSF

+ TRSF

+ 1 RAG - 1 RCL

Where: 1 RRSF = Computed riparian stream flow iq Reach 1

USFSF
TRSF

I RAG

Computed riparian stream flow at Putah Diversion Dam

Measured stream flow from tributaries (Dry Creek, McCune aka

Pleasant Creek), less any associat

non riparian flow

Ag return flow water originating from a riparian source in

reach I

I RCL = Measured channel percolation/evapotransp iration losses in

reach I

Notes:

( I ) Agricultural return flow water that originates fr9n1 a riparian water source
(riparian water diverted from Putah Creek or associated tributaries) is

classified as riparian water and therefore can be lawfully diverted by other

riparian water right claimants.
iii)

Riparian stream flows in second reach downstreal 1 [ Putah Diversion Dam (505

Bridge to Stevenson Bridge)

2RRSF 1 RRSF - I RD

Where. 2RRSF

=
=

(+1-) 2RCL + 2

Computed riparian stream flow in Reach 2

1 RRSF = Computed riparian stream flow i Reach I

2RCL

2RAG

Combined sum of groundwater "g ins", channel

percolation/evapotranspiration los

Ag return flow water in reach 2 0 iginating from a riparian

source

1 RD = Riparian diversion in Reach 1

Notes:

s in reach 2

(I)

There are no significant tributaries entering Putah Creek in this Reach

(2)

Due to the spatial and temporal variability of rising groundwater, portions

I
]

of the so called "gaining reach" (generally tl c upstreammosl third of the

reach) frequently lose rather than gain wate. Accordingly_ there are

't

instances when SOllle of thc riparian diverte

Attachment 1

within Reach 2 have access

to Exhibit

E)"". Pag.e 3 of 5

-.

,411 1/001

to rising groundwater, while others do nolo W en necessary, Reach 2 will

be broken into two sub reaches fo r the purpas of quantifying riparian
stream flows.
iv)

Riparian stream flows in third reach downstream of Putah Diversion Dam

(Stevenson Bridge to 1-80)
JRRSF

Where: 3RRSF

2RRSF

2RRSF - 2RD - JRCL + JRAG

Computed riparian stream flow in Reach 3

Computed riparian stream flow in Reach 2

2RD = Riparian diversions in Reach 2
3RCL

Measured channel percolation/evapotranspiration losses

in reach 3
3RAG

Ag return flow water in reach 3 orinating from a riparian

source
v}

Riparian stream flows in fourth reach downstream of Putah Diversion Dam (1-80
to Mace Boulevard)
4RRSF
Where: 4RRSF
3RRSF

JRRSF- JRD - 4RCL + 4RAG

Computed riparian stream flow in Reach 4

Computed riparian stream flow in

3RD = Riparian diversion in Reach 3

4RCL

vi)

Ag return flow water in reach 4 oriinating from a riparian

source

Riparian stream flows in fifth reach downstream of Putah Diversion Dam (Mace
Boulevard to RM 0.0 aka Yolo Bypass)
5RRSF
4RRSF- 4RD -5RCL

Where: 5RRSF

4RRSF

5RAG

Computed riparian stream flows in Reach 5

Computed riparian stream flows in Reach 4

4RD = Riparian diversions in Reach 4

5RCL = Measured channel percoiationJeva

i n reach 5
5RAG

Note:

transPiration losses

Ag return flow water in reach 5 oriinating from a riparian

source

The above formulas will be adj usted as necessary to

such as new or terminated diversions or discharges.

Allachmcnl I
-

each 3

Measured channel percolatiOnlevap transPiration losses

in reach 4

4RAG

rb

nect changing conditions

to Exhibit "E-r.

Page 4

of 5

1411 11001
1.0

Mcthodolo

for

uantif

in Illcual Ri }arian Diversion Durin Irri 'ation Season

Note: Diversions in excess of the available riparian stream ow (i .e . . diversion of water

released rrom storage or other non riparian now) are considered illegal

A)

Overview:
For each reach, calculate difference between daily riparian diversions anE! computed
riparian streamflow. If riparian diversions exceed computed riparian streamflow, the
difference is considered to be the result of illegal diversions.

B)

Analytical Approach:
i)

Illegal riparian diversions in first through fifth reaches downstream of Putah

Diversion Dam
If: (ith)RD>(ith)RRSF
Then: (ithIRD) (ithRD) - (ithRRSF)
Where: (ith)RD Riparian diversions in Reach 1, 2, 3, 4 or 5
(ithRRSF) = Computed riparian streamflow in Reach 1 , 2, 3, 4 or 5
(ithlRD) Computed illegal diversions in R,each 1 , 2, 3, 4 or 5
=

The Solano County Water Agency is under no obligation to enforce against any illegal riparian
diverters whose actions do not adversely affect the Agency's ability to comply with any
contractual or legal obligation.

Attachmcnl

to Exhibit

"EY'. Pagc

5 of 5

loke Berryesso

15

'
Solano' ProJect PJace-o(-U,e Revisions

"

2
3

..

'"

e:

C'
,,"'
,

."

'0

"

\-

, _,
' " ,,2-,

/'
I

"J--"-:: ,
7_ ...._

8------

--\1f.>

1 2 - ----

'"

...

.. ..

..

<q

VO'

Iii
,

_.5
IUe

.. -6

5
6

..

8
9

'.

L__,

13

Voco Volley

Improvement

Oislricl 13

Pleasant Hills Ranch

Voco Volley Improvement District
Simpson Tonk Aleo landowners
Gibson Canyon
Vine Streel /Vea
Erickson

11

Boydston/Stewart

Blue Rjde Ooks

10 Rolling Hilts
1 1 Serpas Ranch
12 Rancho Salona

13
14
15

,
'.

Proposed AddlUon. to Place-of-Use

Eostridge

Green Voney Ranch Estotes

University of Collifornio-Dovis

Proposed Deletion. to Place-or-Use

Additions to Place-of -;Use

Solano County

{l)

Vaca V lley Improvement DistricJ 13

Agricultural land consisting of approximately 400
acre s .
Located northwest of Gibson Canyon.
Property'
District
has always been in the Solano Irrigation
but '
i
did not receive Solano roject water until 19 7 9 .
Solano Project water used for agricultural and doestic
purposes .
Relevant CEQA document:
Environmental
' ,Impact Report for the Land Use artd Circulation Element
- A part of the Solano County General Plan (1980)

(2)

'
Pleasant Hills Ranch
Rural, rsidential developeqt consisting of
approximately . 0 residences on 423 acres .
Located
west of Gibson Canyon. ' Proper ty annexed to the Solano
Irrigation District in 1976.
Solano Project water used
for domestic purposes . , Relevant CEQA document :
Environmental Impct Report for the Land Use and
Circulation Element - A part of the Solano County
neral Plan (1980)

(3)

Vaca Valley Improvement District #1

Rural resip-ential development consisting of
,
Located
approximately seven residences on 258 acres .
, west of Gibson Canyon.
Prope rty annexed to the Solo
Irigation District in 1973 .
Solano Project water used
for agricultural and domestic purposes
Relevant CEQA
document :
Environmental Impact Report for th Land Use
nd Circulation Element - A part of the Solano Couny
General Plan (1980)

'

(4)

Simpson Tank Area Landowners

ural resident ial development consisting of
approximately six res idences ' on 33 acres .
Located west
of Gibson Canyon.
Property annexed to the Solano
First stage annexed
Irrigation District in two stages .
in 1 9 8 5 , second stage annexed in 1 9 94 .
Solano Proj ect
water used for dome stic purposes .
Relevant CEQA
document :
Environmental Impact Report for the Land Use
, and Circulation Element - A part of the ' Solano County
General Plan ( 1 9 8 0 )

Exhibit "F". page 2 of 4

I
I

(5)

(6)

Gibson Canyon

'Rural residential development cons isti ng of

approximately 150 residences on aQout 600 ac re s .
Located north of Vacaville .
Property annexed to the
Solano Irrigation District in several phases. with the
first annexat.ion occurring in 1.97,.
Solano Proj ect
water used for domestic and agricUltural purposes.
Relevant CEQA documeI\t:
Environmental Impact Report
for the and Use ' and Circulation lmeDt - A part of
the Solano County General Plan (1980)
Vine Street Area
Restdential area within the city of Vacaville but
partially outside of existing . place-of-use.
Solano
Project water . used for domestic
ses.
Portions of
this area were developed pror to CEQA.

Pprpo
l

(7)

Erickson
9 . 01 acres rural residential parcel (APN fi 122 - 02 0 - 1 3 )
. located i n uppe-r Pleasants Valley . Property annexed to
Solano Proj ect
the Solano Irrigation District in 1 9 8 7 ..
water used. for agricultural purpbses .
Relevant CEQA
document :
.Negative Declaration prepared by Solano
Irrigation District .

(8)

Boydston/Stewart
Two rural residential parcels; one consisting of 20 . 8 6
acres (APN # 122-0 50-11) , the other consisting of 4 . 8 7
Both
arcels are I09ated in
acres (APN # 122-0S0-2 2 ) .
upper Pleasants Valley, they wer annexed to the Solano
Irrigation District in 19 8 8 .
Solano Proj ect water used
Relevant .CEQA document :
for agricultural purpose s .
Negative Declaration prepared by Sol ano rrrgation
District .

(9)

(10)

Blue Ridge Oaks

Rural res idential development consisting of
approximately 30 residences located on 352 acre s .
Located west o f Vacavi lle.
Annexed to Solano
Irrigation District in 1983 .
Solano Project water used
for domestic and agricultural puses. .Relevant CEQA
document :
Environmental Impact Report for the Land Use
and Circulation Element - A part of the Solano COunty
General Plan ( 1 9 8 0 )

Rolling Hills
Residential area within the cit of Fairfield but
Solano
partially outside of existing place -of-use.
Project water used for domestic urposes . Relevant
Dunnell/Burton Properties Environmental
CEQA document :
Impact Report .
Elgar Hill Envi onmental Analysis and
Planning ( 1 9 8 0 )

Exhibit "F", page 3 of 4

(n)

Serpa s Ranch
Residential area within the city of Fairfield but
Solano
partially outside of exist ing place -af -use .
Proj ect water used for domestic purpose
Relevant
CEQA document :
Serpas Ranch Area Environmental
Assessment .
Stephen Lafer & Associates 0+ Coniotti
Enterprises (1991)

(12)

/.

Rancho Solano
Residential area witn the city of airfield but
partially out side of existing place -of use .
Solano
Relevant
Proj ect water used for dome:Btic purposesl"
CEQA document :
Rancho Solano General Plan Amendment
inal Environmental Impact Report.
Prepared for City
of Fairfield by Environmental Science Associates , Inc.

(1985)

( 1 3 ) Eas tridge

Residential area within the city of Fairfield but

partially outside 'of exi sting place -at -use .
Solano
Proj ect water used " for domestic purpo ses
Relevant:
"
CEQA document :
"F"inal Environment"al Impact Report Corde lia Area Specific Plan Update Program , Fairfield,
California.
Prepared by Larry Seeman Associates ( 1 9 8 6 )

( 1 4 ) Green Valley Ranch " S"stat.es

Rural z::esidenti"al development partiallYj outside of

exist ing place-of-use (approximately seven residences
on 16 acres outside place-of-use ) .
Pr6perty located in
Green Valley.
Annexed to Solano Irrigation District in
"19 2 .
Solano Proj ect water used for d9111estic purposes.
"
Property developed prior to CEQA .

Yolo COunty

(1S)

University of California - Davis

I
Approximately 1, 000 acres of the UnLversity of
California-Davis campus will be added t o the solano
Project place-ofuse .
"The property is located within
the western halves of sections 16 and 19 and the
eastern halves of sections 13 and 24 (Township 8 North,
The
Range 1 East, Mount Diablo baseline ana meridian) .
land in question has been used primarily for
agricultural teaching and research fo over thirty
years .
Solano Project water deliveries first began in
t.he late 19 6 0 ' s .
All of the water had and continues to
be used for agricultural teaChing and research,
pursuant to the 9niversity' s contract with the Solano
County Water Agency .

Exhibit "F", page

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