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Environmental Services

Dean Messer, Chief

3500 Industrial Blvd.
West Sacramento, CA 95691
(916) 376-9699

Mailing Address:
P.O. Box 942836
Sacramento, CA 94236-0001

 

 

Monterey Plus EIR

Monterey Plus Environmental Impact Report

The California Department of Water Resources is currently revising the Monterey Plus Environmental Impact Report (SCH#: 2003011118).  Click here for more information on the Monterey Plus Revised Environmental Impact Report.

In 2007, DWR circulated a draft EIR for the Monterey Amendment to the State Water Project Contracts (Including Kern Water Bank Transfer) and Associated Actions as Part of a Settlement Agreement (Monterey Plus).  In 2010, DWR certified a final EIR and filed with OPR, a Notice of Determination regarding the Monterey Amendment to the State Water Project Contracts (Including Kern Water Bank Transfer) and Associated Actions as Part of a Settlement Agreement (Monterey Plus). Following the filing of the Notice of Determination, several parties challenged the adequacy of the final EIR. 

On March 5, 2014, the Sacramento Superior Court found that the Monterey Plus EIR complied with CEQA in all respects except with regard to its discussion, analysis and mitigation (if appropriate) of the development and continued use and operation of the Kern Water Bank (KWB). 

The Court held a hearing on September 5, 2014, as to the appropriate CEQA remedy and on October 2, 2014, the judge issued his final ruling as the remedy.  Key aspects of the Court’s remedy ruling are as follows:

1.       Project Approvals Remain in Place.  DWR’s prior approvals of the Monterey Amendment, the Kern Fan Element transfer agreement, and the PCL v. DWR Settlement Agreement remain in place and undisturbed. 
2.       Kern Water Bank Not EnjoinedThe Kern Water Bank Authority can continue to operate the Kern Water Bank while DWR prepares a revised EIR, subject to limitations negotiated by the Kern Water Bank Authority and the Rosedale-Rio Bravo Water Storage District and Buena Vista Water Storage District. 
3.      DWR to Prepare Revised Monterey Plus EIR.  DWR must decertify and revise the Monterey Plus EIR to address the potential impacts (specifically groundwater and water quality) from the development and continued use and operation of the KWB.  Absent good cause, DWR must recertify a final revised EIR by September 28, 2016.  
4.       Future CEQA Actions Limited.  The scope of any comments and future CEQA challenge to the revised Monterey Plus EIR will be limited to those portions of the revised EIR that are new or changed. 

In response to the Court’s ruling, on December 16, 2014, Director Mark Cowin set aside DWR’s February 1, 2010, certification of the Monterey Plus EIR as adequate under CEQA per the November 24, 2014, Sacramento County Superior Court Findings and Peremptory Writ of Mandate.

The information on this webpage includes the Monterey Plus draft  and final EIR and relevant court documents relating the legal challenge to the final EIR and DWR’s decision to continue operation under the existing Monterey Amendment to the State Water Project long-term water supply contracts (including the Kern Water Bank transfer) and the existing Settlement Agreement entered in PCL v. DWR (including the Attachment A amendments to the State Water Project long-term water supply contracts) in accordance with the terms of those documents as previously executed by the Department and other parties to those documents.

For further information contact Nancy Quan, State Water Project Analysis Office, at 916.653.0190, or you may email her at nancy.quan@water.ca.gov.

Court Documents:

Monterey Plus Decision Documents:

Public Announcement - Monterey Plus Final EIR:
On February 1, 2010, Lester Snow, Director of the Department of Water Resources, signed the certification for the final Environmental Impact Report (EIR) for the Monterey Amendment to the State Water Project Contracts (Including Kern Water Bank Transfer) and Associated Actions as Part of a Settlement Agreement (Monterey Plus).  The Department of Water Resources has independently prepared this EIR. The EIR reviewed, analyzed, and discussed the proposed project’s potential environmental impacts and other issues raised in the scoping meetings and in public comments.

Final EIR Appendices are hyperlinked below:

Appendices Volume II Front Matter (5.5 MB)

The Monterey EIR is aimed at identifying potential environmental impacts resulting from modifications to water supply contracts. In 1994, DWR and some of the contractors, meeting in Monterey, executed the Monterey Agreement to modify the long-term water supply contracts. These modifications were incorporated into the long-term water supply contracts in what became known as the Monterey Amendment.

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Draft Environmental Impact Report Chapters:

COVER AND TABLE OF CONTENTS (1.32MB)
EXECUTIVE SUMMARY (352 KB)
GLOSSARY AND ABBREVIATIONS (63 KB)
1. INTRODUCTION (49 KB)
2. STATE WATER PROJECT (431 KB)
3. HISTORY AND BACKGROUND (48 KB)
4. PROPOSED PROJECT (87 KB)
5. METHODS (91 KB)
6. EFFECTS OF PROPOSED PROJECT ON SWP AND SWP CONTRACTOR
OPERATIONS (616 KB)

7. ENVIRONMENTAL ANALYSIS
7.0 Introduction to the Analysis (42 KB)
7.1 Surface Water Hydrology, Water Quality, and Water Supply (804 KB)
7.2 Groundwater Hydrology and Quality (421 KB)
7.3 Fisheries Resources (690 KB)
7.4 Terrestrial Biological Resources (192 KB)
7.5 Visual Resources (1.44 MB)
7.6 Agricultural Resources (95 KB)
7.7 Air Quality (90 KB)
7.8 Geology, Soils, and Mineral Resources (78 KB)
7.9 Recreation (1.10 MB)
7.10 Land Use and Planning (50 KB)
7.11 Hazards and Hazardous Materials (55 KB)
7.12 Noise (131 KB)
7.13 Cultural and Paleontological Resources (141 KB)
7.14 Public Services and Utilities (44 KB)
7.15 Traffic and Transportation (69 KB)
7.16 Energy (465 KB)

8. GROWTH INDUCING IMPACTS (96 KB)
9. RELIABILITY OF WATER SUPPLIES AND GROWTH (67 KB)
10. OTHER CEQA CONSIDERATIONS (25 KB)
10.1 Cumulative Environmental Impacts (341 KB)
10.2 Significant and Unavoidable Impacts (25 KB)
10.3 Significant Irreversible Environmental Effects (37 KB)
10.4 Environmental Justice (38 KB)

11. ALTERNATIVES (336 KB)
12. CLIMATE CHANGE (106 KB)
13. REFERENCES (56 KB)
14. REPORT PREPARATION (23 KB)

APPENDICES:
COVER AND TABLE OF CONTENTS (3.03 MB)
A. NOTICE OF PREPARATION (898 KB)
B. COMMENTS RECEIVED IN RESPONSES TO NOTICE OF PREPARATION AND AT SCOPING MEETINGS (2.29 MB)
C. EXAMPLE OF MONTEREY AMENDMENT
LONG-TERM WATER SUPPLY CONTRACT (11.73 MB)

D. SETTLEMENT AGREEMENT (1.44 MB)
E. STUDY OF TRANSFER, DEVELOPMENT, AND
OPERATION OF THE KERN WATER BANK(1.18 MB)

F. DETAILED RESULTS OF CALSIM II MODELING
(STUDY NOS. 3 AND 4; 1.09 MB)

G. CALSIM II PEER REVIEW REPORT AND
THE DEPARTMENT’S RESPONSE (1.76 MB)

H. ANALYSIS OF PROPOSED PROJECT EFFECTS ON
RIVER FLOWS (STUDY NO. 5; 143 KB)

I. HISTORICAL ANALYSIS REPORT AND MEMORANDUM
(STUDY NO. 1; 494 KB)

J. TERRESTRIAL BIOLOGICAL RESOURCES (871 KB)
K. ANALYSIS OF HISTORICAL OPERATIONS (STUDY NO. 2; 1.0 MB)
L. ANALYSIS OF EFFECTS ON CVP USE OF JPOD (STUDY NO. 6; 46 KB)
M. ANALYSIS OF EFFECTS ON THE ENVIRONMENTAL
WATER ACCOUNT (STUDY NO. 7; 40 KB)

Comments:

The Monterey Agreement originated in Monterey, California, among DWR and the SWP contractors to address fundamental contract issues by amending the long-term water supply contracts. This understanding produced a set of guidelines, known as the Monterey Principles, to amend the contracts to resolve some long-standing concerns of SWP contractors and provide more flexibility in administering those contracts. Those principles and subsequent amendments were intended to significantly revise the complex SWP contracts, written more than 30 years ago. Despite careful crafting, the contracts could not easily accommodate the shifts in water policy and management that occurred since their execution.
For more background see:

Documents and relevant websites: