The finalization of the coho
listing is expected in December. In a recent meeting with the Department of Fish and Game
(DFG,) we discussed what happens next for agriculture in the Scott and Shasta Valleys.
First of all, anyone who “substantially diverts” water from
a coho stream, obstructs the flow or modifies the bed, channel or banks of a stream is
required to have a 1602 (formerly 1603) Streambed Alteration Permit. According to the DFG,
“diversion” includes surface water as well as groundwater, (if a groundwater
diversion affects surface water flows.) If your well is in the “interconnected zone”
of the Scott River adjudication, you may need a 1602 permit.
If you have a question as to whether you need a 1602, you should
contact the DFG for a pre-consultation. If you already know that you need a permit, you
can go ahead and formally notify the DFG on a form. There is a fee of typically about
$2,400 for the base notification and $154 for
the activity fee. Multiple diversions under one ownership can be included in a single
notification process. The Department will negotiate the terms of the 1602 agreement with
you. If you have a non-expired 1602 that is inadequate, the terms may be amended with the
water user’s approval
As an alternative to individual process, the RCDs are also looking at
the possibility of negotiating a single master or “programmatic” 1602 permit
that could be used for several practices typical of agricultural diverters in the Scott
and Shasta Valleys. (The DFG has indicated that Klamath and Salmon River operations,
cities and non-agricultural practices may not be included in the RCD permits.) The covered
practices that will be included are: water diversion; installation, operation and
maintenance of fish screens; moving livestock or vehicles across flowing streams; grazing
in a riparian zone; installing and maintenance of riparian fencing and vegetation
restoration projects; installation of instream structures and habitat improvements;
installing and operating and removing of structures used to divert water; activities
associated with implementation of the minimization and mitigation measures required in an
Incidental Take Permit (ITP) and activities associated with compliance and effectiveness
monitoring required by an ITP. A customized
sub-agreement between the diverter and the RCD would detail only those particular
practices applicable to the diverter.
The master permit would not cover additional unlisted practices.
These would have to be negotiated separately on an individual basis.
Each land or water owner must assess his or her own risk of “taking”
a fish as a result of his agricultural practices. They have the choice of taking no
action, applying on their own for necessary 1602 and Incidental Take Permits (ITPs) or
signing up under the RCD’s programmatic master permit.
The same activities outlined under the 1602 will be included under
the programmatic master ITPs hoped for by the Scott and Shasta RCDs. Because the practices
are the same, it is expected that a single CEQA (California Environmental Quality Act)
analysis document can be done for both – one for each valley. The estimated costs for
preparing the CEQA document for these master permits is $150,000 each. Obviously, this has
been a sticking point in discussions, as has been the problem of how RCD services under
the permit would be paid.
The DFG indicated that it is likely that there will be certain
minimum flow requirements for “habitat connectivity” and fish passage. There
will also be an overall need on the watershed level to replace juvenile fish lost by
agricultural practices on a watershed level. It is expected that replacement would be
accomplished through the creation of increased habitat (like pools.) It is possible that
permittees could be expected to give a prorate share of flow needed to create this habitat
.
Just a note in closing: The chinook Year To Date (YTD) runs at Iron
Gate are down a bit at 2,398 compared to last year at 2,997.
Only 321 adults have returned to the Shasta, compared with 1,940 last year.
(The Scott River run has not started.) Two year old Jacks or “Grilse” are up in
count, indicating that next year will have better returns. Great news – all
indications are that the coho run will be very strong this year. |
