Water Department
The Owens Valley Monitor 2002-2003
Update on Memorandum of Understanding
The Memorandum of Understanding (MOU) is an agreement between California
Department of Fish and Game, State Lands Commission, Sierra Club, Owens
Valley Committee, Los Angeles Department of Water and Power, and Inyo
County. The MOU addressed concerns raised by these organizations and state
agencies over the Lower Owens River Project and other provisions of the 1991
environmental impact report (EIR) for groundwater management in the Owens
Valley.
The MOU requires LADWP and Inyo County to implement numerous
environmental projects and studies. Here is a summary of MOU projects and accomplishments
since the MOU went into effect during 1997.
Lower Owens River Project
This project was originally a provision of the Inyo/Los
Angeles Water Agreement; it was later identified in the 1991 EIR as compensatory
mitigation for impacts from LADWP’s water exports that occurred between 1970 and
1990. The MOU augments the Water Agreement and the EIR. As augmented, the LORP consists
of:
The Lower Owens River. A 60-mile stretch of river channel will be rewatered from
the point where the river is diverted to the Los Angeles Aqueduct to Owens Lake. River
flows will be approximately 40 cubic feet per second (cfs), with higher "seasonal
habitat flows" up to 200 cfs.
The Owens River Delta Habitat Area. 6-9 cfs will be supplied to an area of wetlands
at the north end of Owens Lake to provide habitat for shorebirds, waterfowl, and other
animals.
Off-River Lakes and Ponds. Existing off-river lakes and ponds in the LORP area will
be maintained for fisheries, waterfowl, shorebirds, and other animals.
The 1,500-Acre Blackrock Waterfowl Habitat Area. In average and above runoff years,
approximately 500 acres within an overall project area of 1,500 acres will be flooded to
provide habitat for resident and migratory waterfowl and other native species. In drier
years, a smaller area will be flooded.
Status: Under the MOU, the four
components of the LORP must be implemented no later than June 13, 2003. However, the
project was not implemented by the MOU deadline. (See article on page 1.)
With the assistance of Congressman Jerry Lewis, Inyo County has obtained
approximately $6 million from the federal government to offset the costs of implementing
the project. Inyo County will continue to seek federal funds to assist it in meeting its
share of the substantial long-term operation costs for the project.
Yellow-Billed Cuckoo Habitat Evaluation
Under the direction of LADWP and Inyo County, Ecosystem Sciences, Inc. (ESI), will evaluate Yellow-billed Cuckoo habitat in woodland areas of Hogback and Baker creeks. ESI will develop habitat enhancement plans for these areas in consultation with LADWP, the lessees for the areas, and the MOU parties. The MOU requires the evaluations be completed by June 2000. However, the MOU parties agreed to extend that deadline to November 2000, then to September 2001.
Status: ESI submitted two draft habitat enhancement plans to the MOU parties in September and October 2000. The Water Department and Owens Valley Committee commented on the draft plans in May 2001. ESI is to revise its draft plans for a second MOU party review. ESI has not announced when the draft plans will be released.
Inventories of Plants and Animals at Springs and Seeps
LADWP and Inyo County must complete an inventory of plants and animals at springs and seeps on Los Angeles land in the Owens Valley. The MOU required that the inventories be completed by June 2000. The MOU parties extended that deadline to December 2000 then to July 2001.
Status: ESI submitted results of its inventory to the MOU parties in June 2001. In December 2002, the Water Department submitted comments to concerning the inventory. ESI has not announced when it will respond to the Water Department’s comments.
Additional Mitigation
Under the direction of LADWP and Inyo County, ESI will recommend on-site and/or off-site mitigation measures and a mitigation plan for Hines Spring, to supplement mitigation measures identified in the 1991 EIR for impacts to Owens Valley springs. LADWP is to provide 1,600 acre-feet of water per year to supply the recommended measures. The mitigation measures will be implemented by LADWP and maintained by LADWP and/or Inyo County. The MOU provided that plans for the mitigation measures would be completed by June 2000. However, the MOU parties agreed to extend that deadline first to November 2000, then to September 2001.
Status: ESI prepared drafts of the mitigation plans in September and December 2000. The Water Department commented on the draft plans in May 2001. ESI is to prepare revised draft plans for review by the MOU parties. ESI has not announced when the drafts will be released.
Owens Valley Land Management Plans
LADWP, in consultation with the MOU parties and others, is to develop land management plans for their Owens Valley land. Priority will be given to riparian areas, irrigated meadows, and sensitive plant and animal habitats. The plans will provide for the continuation of sustainable uses, including recreation, livestock grazing, agriculture, and other activities and will consider the enhancement of threatened and endangered species habitats. The planning effort is to begin by 2002, and plans are to be completed no later than 2007. Each plan will contain an implementation schedule and will be implemented in compliance with CEQA.
Status: ESI has completed draft land management plans for Los Angeles land within the LORP area.
Type E Vegetation Inventory
By December 1999, LADWP and Inyo County were to inventory vegetation identified in the Inyo/Los Angeles Water Agreement as "Type E," or irrigated. The data from the inventory will be used as the baseline conditions for management of vegetation under the Water Agreement.
Status: The inventory was completed in 1999.
Aerial Photo Analysis
The MOU provides that LADWP, Inyo County, and experts in the field of aerial photography will (1) evaluate the merits of using air photos to monitor Owens Valley vegetation, (2) determine if air photos could be used to refine the 1984-1987 vegetation map, and (3) develop recommendations for using air photos and other remote sensing techniques to monitor vegetation in the future. If cost-effective relative to other monitoring techniques, LADWP and the County are to institute the recommendations. The MOU parties extended the deadline for completing the analysis from June 2000 to December 2000.
Status: As of January 2002, a consultant working under the direction of LADWP and the Water Department completed reports addressing the three MOU requirements described above.
Mitigation Plans for Impacts Identified in the EIR
The 1991 EIR identifies approximately 1,300 acres in the Owens Valley that were adversely affected by LADWP water gathering. The EIR provides that this land will be revegetated with plant species native to the valley. By June 1998, the Technical Group was to complete mitigation plans for the areas.
Status: In August 1999, following receipt of comments from the MOU parties, the Inyo/Los Angeles Technical Group approved the mitigation plans. In January 2002, the Water Department notified LADWP that plans for four on-site mitigation measures had been omitted from the mitigation plans and recommended that plans be developed for these measures and incorporated into the overall mitigation plans. The Water Department submitted draft plans for the measures to LADWP in March 2003. See page 16 for the status of the mitigation identified in the EIR.
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