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Progress on Mitigation Projects

Over the past year, there has been progress on several Water Agreement mitigation projects.  The Lower Owens River Project (LORP) continues to evolve into a healthy functioning riverine-riparian ecosystem jointly implemented by LADWP and Inyo County.  Plans for the Hines Spring and additional mitigation sites and Yellow-billed Cuckoo habitat enhancement projects were finalized by representatives of the MOU parties and lessees affected by the projects.  Also, the Standing Committee adopted modifications to the Independence Eastside Regreening Project that will allow that project to proceed.

LORP. As the LORP transitions from pre-project planning and construction to implementation, annual planning, and monitoring, Water Department tasks and responsibilities change from development of project planning documents to joint implementation of the project.  Water has been in the LORP since December 2006, and seasonal habitat flows have been conducted in February 2008 and May 2009.  The LORP Annual Report (Large (22MB) pdf: LORP 2008 Annual Report) describes activities undertaken on the LORP in 2008, including water quality monitoring results from the establishment of baseflow in the river, the first seasonal habitat flow, initial observations of gains and losses along the river, the 2008 Rapid Assessment Survey, hydrologic monitoring and reporting, land use, weed control, saltcedar control, and adaptive management recommendations from the MOU consultant.  Department staff worked with LADWP to conduct and report on the Rapid Assessment Survey, in which observations of LORP conditions are made to help guide subsequent management of the project.  The Water Department has been involved in discussions between County Staff and LADWP regarding the development of an agreement for jointly funding the LORP.  While these discussions are not yet concluded, much progress has been made in hammering out an agreement that is compliant with the Water Agreement, MOU, and LORP FEIR, and that both sides can live with.  These discussions were aided by the development of the work plan and budget for joint Inyo/LADWP activities for fiscal year 2009-2010 (see 2009-10 Work Plan and Budget).

Hines Spring/Yellow-billed Cuckoo.  MOU section III identifies several commitments to mitigation projects in addition to the LORP.  Among these commitments are projects using 1,600 acre-feet of water each year to mitigate for impacts to springs, and evaluation of Yellow-billed Cuckoo habitat at Baker and Hogback Creeks.  A portion of the 1,600 acre-feet per year will go to on-site mitigation at Hines Spring, with the remaining water going to other projects.

As described in the MOU, the MOU consultants, Ecosystem Sciences, Incorporated (ESI), under the direction of LADWP and Inyo County, were to determine the water requirements of the mitigation measure at Hines Springs and to evaluate opportunities to use any remaining water in the implementation of mitigation measures at other sites. Based on the evaluation, ESI was to recommend reasonable and feasible on-site and/or off-site mitigation measures, including the implementation of the 1991 EIR mitigation measures at Hines Springs. Projects recommended by these studies and evaluations were to be presented to the Board of Water and Power Commissioners for approval and implementation as soon as possible after their completion. These mitigation measures are to be implemented by LADWP and maintained by LADWP and/or Inyo County.

A number of representatives from the MOU parties were dissatisfied with ESI’s draft plans.  In February 2006, an Ad Hoc Group consisting of representatives from the Parties and ranching interests met to discuss alternatives to the draft plans. The Ad Hoc Group operated with a consensus-based approach as a means of recognizing all parties’ interests. The Ad Hoc Group met on a regular basis, and developed and, in November 2008, agreed on a set of projects that they believe would fulfill the commitment in the MOU that LADWP provide 1,600 acre-feet of water per year for the Hines Spring mitigation measure and additional mitigation.  The MOU parties are currently in the process of moving the recommendation forward with respect to MOU compliance and CEQA.

The MOU also requires that the MOU consultants develop plans to maintain and/or improve Yellow-Billed Cuckoo habitat in the Baker and Hogback Creek areas of the Owens Valley.  The MOU consultants developed plans for these two areas that included provisions for fencing, grazing management, irrigation, recreation management, and planting of willows and cottonwoods to improve the suitability of these areas for Cuckoos.  LADWP completed a CEQA analysis of the consultant’s plans.  This analysis determined that significant impacts from the project would occur to downstream water users and grazing at Baker Creek if the project was implemented.  As a consequence, a project alternative was developed by LADWP to reduce the significant impacts associated with the consultant’s plan.  This alternative was included in the Draft EIR prepared for the project.  The Draft EIR was completed and circulated for public comment.

The MOU parties were dissatisfied with the Draft EIR, and a process was initiated to jointly work on an alternative that would satisfy the MOU parties, the lessees, and maintain downstream water uses.  Meetings were held on a regular basis with MOU party representatives and lessees, and, with the help of a different consultant, Earthworks Inc., plans for habitat enhancement at Baker and Hogback Creeks were finalized in May 2009.  LADWP is currently working on CEQA analysis of the project, with CEQA completion anticipated for late 2009.

Independence Eastside Regreening. The Independence East Side Regreening Project consists of constructing a new water supply well in the town of Independence and irrigating an approximately 30 acre parcel immediately north of Market St. and east of Clay St.  The final scoping document for this enhancement mitigation project that was approved by the Standing Committee in 1988 describes that:

• Water will be supplied from a new well, to be drilled and equipped on the parcel northerly of the old Robinson House parcel.  Output from the well will be supplied through buried pipelines and riser valves to allow flood irrigation of the parcel.  By connecting these pipelines into other existing pipelines, water supply to the woodlot, pastureland, and spring field will be augmented.  Connection may also be made from the well discharge into the Independence town distribution system to allow supplemental emergency fire flow capability.  The Department would select a lessee to flood irrigate the 30-acre area, establishing irrigated pasture.

From 2002 to 2008, the project underwent several rounds of review and reconsideration by the public, the Board of Supervisors, the Water Commission, the Technical Group, and the Standing Committee.  In April 2009, the Standing Committee revised the scope of the project to allow for sprinkler irrigation, to relocate the well to reduce noise at neighboring residences, and to allow for a stable and corral being included in the project.  The next steps toward implementing the project are for the Technical Group to evaluate the proposed new well at the site, and for LADWP to develop a request for proposals to identify a lessee for the acreage.