By Matt Weiser [1] - A long-stalled Auburn dam on the American River has suffered many defeats. But the next could be truly fatal.

The State Water Resources Control Board plans to revoke the water rights held by the U.S. Bureau of Reclamation for the project. The unfinished dam, in other words, would no longer have any water to hold back.

The Pre-Hearing Conference will commence on Wednesday, June 4, 2008, at 8:00 a.m. 
The Public Hearing will commence on Monday July 21, 2008, at 9:00 a.m. and continue, if necessary, on Tuesday, July 22, 2008, at 9:00 a.m.

Reclamation halted construction on a dam more than 30 years ago due to earthquake concerns, leaving the river's north fork heavily scarred but not permanently blocked. A host of environmental concerns and ballooning costs have delayed the project ever since.

Though still coveted by some officials in the region, a dam is probably doomed without water.

"If they lose the water rights, it would be very problematic, I would think," said Bruce Kranz, a Placer County supervisor and chairman of the American River Authority, a joint-powers agency and leading dam advocate. ... READ MORE [2] IN THE BEE

Hearing Scheduled: by the State Water Resources Control Board

Auburn Dam Project 

North Fork American River and Knickerbocker Creek in Placer and El Dorado Counties
The State Water Resources Control Board will hold a Pre-Hearing Conference and Public Hearing on
Proposed Revocation of Permits 16209, 16210, 16211 and 16212 (Applications 18721, 18723, 21636 and 21637)

The Pre-Hearing Conference will commence on Wednesday, June 4, 2008, at 8:00 a.m. 
The Public Hearing will commence on Monday July 21, 2008, at 9:00 a.m. and continue, if necessary, on Tuesday, July 22, 2008, at 9:00 a.m.

PURPOSE OF HEARING 
The purpose of this hearing is for the State Water Resources Control Board (State Water Board or Board) to receive evidence relevant to determining whether Permits 16209, 16210, 16211 and 16212 (Applications 18721, 18723, 21636 and 21637), assigned to the United States Bureau of Reclamation (Reclamation), should be revoked for failure to commence, prosecute with due diligence, and complete the work necessary to appropriate water or apply the authorized water to beneficial use as required by the permits, the Water Code or the rules and regulations of the State Water Board.

BACKGROUND
On February 5, 1970, the State Water Board adopted Decision 1356, which conditionally approved Reclamation’s applications to appropriate water in connection with the Auburn-Folsom South Unit of the Central Valley Project (CVP) (the Auburn Dam Project) and granted release from priority of state-filed applications 7936 and 7937 in favor of the Auburn Dam Project applications. Pursuant to Decision 1356, the State Water Board issued Permits 16209, 16210, 16211 and 16212 on April 13, 1971. The permits authorize Reclamation to divert as follows:

(a) Permit 16209 (Application 18721) authorizes direct diversion of 100 cubic feet per second (cfs) and collection to storage of 1,700,000 acre-feet per annum (afa) from the North Fork American River and Knickerbocker Creek tributary to the North Fork American River. The combined maximum amount that may be diverted under Permit 16209 and Permit 16211 is 2,000,000 afa. The authorized season of diversion is November 1 of each year to July 1 of the following year. The authorized purposes of use are irrigation, municipal, industrial, recreational, incidental domestic, and water quality control purposes within the CVP place of use of 10,124,700 acres.

(b) Permit 16210 (Application 18723) authorizes direct diversion of 6,300 cfs and collection to storage of 1,700,000 afa from the North Fork American River and Knickerbocker Creek. The maximum amount that may be diverted under Permit 16210 and Permit 16212 is 2,500,000 afa. The authorized season of direct diversion is year-round. The authorized season of diversion to storage is November 1 of each year to July 1 of the following year. The authorized purposes of use are hydroelectric power generation, and incidental recreational and domestic use. The authorized place of use is the Auburn Powerplant, Folsom Powerplant and Nimbus Powerplant.

(c) Permit 16211 (Application 21636) authorizes direct diversion of 600 cfs and collection to storage of 800,000 afa from the North Fork American River and Knickerbocker Creek. The combined maximum amount that may be diverted under Permit 16211 and Permit 16209 is 2,000,000 afa. The authorized season of direct diversion is year-round, and the authorized season of diversion to storage is November 1 of each year to July 1 of the following year. The authorized purpose of use is hydroelectric power generation at the Auburn Powerplant, Folsom Powerplant and Nimbus Powerplant.

(d) Permit 16212 (Application 21637) authorizes direct diversion of 900 cfs and collection to storage of 800,000 afa from the North Fork American River and Knickerbocker Creek. The authorized season of diversion is from November 1 of each year to July 1 of the following year. The combined maximum amount of water that may be diverted under Permit 16212 and Permit 16210 is 2,500,000 afa. The authorized purposes of use are irrigation, municipal, industrial, domestic, recreational, fish and wildlife enhancement and water quality control purposes within the CVP place of use of 10,124,700 acres.

Water Code section 1410 provides that a permit may be revoked if work is not commenced, prosecuted with due diligence, and completed or if water is not applied to beneficial use as contemplated in the permit and in accordance with the Water Code and the rules and regulations of the State Water Board. All four permits for the Auburn Dam Project require that “actual construction work shall begin on or before nine months from date of permit and shall thereafter be prosecuted with reasonable diligence, and if not so commenced and prosecuted this permit may be revoked.” The permits require that construction work be completed on or before December 1, 1975 and complete application of the water to the proposed uses be made on or before December 1, 2000.

Reclamation commenced construction of the Auburn Dam Project, but construction was delayed for a variety of reasons, including concerns about seismic safety, and the deadline to complete construction expired before construction had been completed. In 1975, Reclamation filed a time extension petition with the Board. Reclamation renewed its request and amended its petition in 1983.

In an order dated May 11, 1984, the Division of Water Rights (Division) approved an extension of time to complete construction and water use. In the order, the Division notes that Reclamation proposes to make changes to the project in light of safety and other issues. The Division determined that the establishment of new deadlines to complete construction and use should be deferred until Reclamation had done more work on certain activities preliminary to resuming construction. In addition, because Reclamation had obtained a release of priority of state-filed applications, any substantial changes to the project would require State Water Board approval in accordance with Water Code section 10504.5. Accordingly, the Division ordered Reclamation to submit the project to the Board prior to resuming construction, but not later than December 31, 1987, for approval in accordance with section 10504.5 and the establishment of new deadlines to complete construction and water use.

In 1988, Reclamation requested an extension of the December 31, 1987 deadline to submit the project to the Board. The Division issued public notice of Reclamation’s request, but did not take action on it. In 1995 and again in 1998, Reclamation renewed its request for an extension. Reclamation’s most recent request was for an extension until December 31, 2008. The Division issued public notice of this request. The California Sportfishing Protection Alliance filed a protest, which has not been resolved. Reclamation’s request for a time extension remains pending.

On January 24, 2008, the Division issued a Notice of Proposed Revocation for Permits 16209, 16210, 16211 and 16212 to Reclamation. A copy of the Notice of Proposed Revocation is enclosed with this notice and can be found on the Division’s website at http://www.waterrights.ca.gov/Hearings/auburn_dam.html [3]. The Notice of Proposed Revocation alleges that Reclamation has not prosecuted construction work with due diligence, completed construction work, or applied water to beneficial use as contemplated by Permits 16209, 16210, 16211, and 16212 and in accordance with the Water Code. The notice also alleges that Reclamation did not satisfy the requirements of the Division’s May 11, 1984 order or diligently pursue its request for a time extension. By letter dated February 1, 2008, Reclamation requested a hearing on the proposed revocation.

KEY ISSUE
Should Permits 16209, 16210, 16211 and 16212 (Applications 18721, 18723, 21636 and 21637) be revoked in accordance with Water Code section 1410? Did Reclamation prosecute with due diligence and complete construction of the project and apply the water to beneficial use as contemplated by the permits and in accordance with the Water Code and the rules and regulations of the State Water Board?

HEARING OFFICER AND HEARING TEAM
State Water Board Vice Chair Gary Wolff, Ph.D., will preside as hearing officer over this proceeding. Other members of the State Water Board may be present during the pre-hearing conference and the hearing. State Water Board staff hearing team members will include Dana Heinrich, Senior Staff Counsel, and Water Resource Control Engineers Jean McCue and Ernie Mona. The hearing staff will assist the hearing officer and other members of the State Water Board throughout this proceeding.

SEPARATION OF FUNCTIONS
A staff prosecutorial team will be a party in this hearing. State Water Board prosecutorial team members will include David Rose, Staff Counsel; Katherine Mrowka, Senior Water Resource Control Engineer; Steve Herrera, Environmental Program Manager; and Jim Kassel, Assistant Deputy Director for Water Rights. The prosecution team will be treated like any other party and all hearing requirements, including the ex parte rule discussed below, will apply to the prosecution team.

PRE-HEARING CONFERENCE
The hearing officer will conduct a pre-hearing conference to discuss the scope of the hearing and any other procedural issues on Wednesday, June 4, 2008 at 8:00 a.m. The goal of the pre-hearing conference is to ensure that the hearing proceeds in an orderly and expeditious manner. The pre-hearing conference will not be used to hear arguments on, or determine the merits of, any hearing issues, other than procedural matters, unless the parties agree to resolve a hearing issue by stipulation. Following the pre-hearing conference, the State Water Board may, at its discretion, modify the hearing procedures or issues set forth in this notice in whole or in part. All parties to the hearing must attend the pre-hearing conference. Failure to attend the pre-hearing conference may result in exclusion from participation in the hearing.

HEARING PARTICIPATION [4]

NOTICE OF PUBLIC HEARING AND PRE-HEARING CONFERENCE
Auburn Dam Project
North Fork American River and Knickerbocker Creek in Placer and El Dorado Counties
The State Water Resources Control Board will hold a Pre-Hearing Conference and Public Hearing on
Proposed Revocation of Permits 16209, 16210, 16211 and 16212 (Applications 18721, 18723, 21636 and 21637)
United States Bureau of Reclamation
The Pre-Hearing Conference will commence on
Wednesday, June 4, 2008, at 8:00 a.m. in the Sierra Hearing Room
Joe Serna, Jr./Cal EPA Building 1001 I Street, Second Floor Sacramento, CA
The Public Hearing will commence on
Monday July 21, 2008, at 9:00 a.m. and continue, if necessary, on Tuesday, July 22, 2008, at 9:00 a.m.
in the Coastal Hearing Room Joe Serna, Jr./Cal EPA Building 1001 I Street, Second Floor Sacramento, CA

Related:

Auburn Dam

Artist drawing of original Auburn Dam

The Case for an Auburn Dam [5]
February 18^th, 2001 will be the fifteenth anniversary of the devastating 1986 flood that came within minutes and inches of topping Sacramento's levees

History of Auburn Dam [6]
The Taxpayers League has supported the Auburn Dam for years.
 

Sacramento County Taxpayers League's Resolution [7]
In Support of the Auburn Dam

Flood Control for the Sacramento Valley Along the American River [8]
It is irrefutable that the Sacramento Valley needs greater flood protection as demonstrated by the devastating floods of 1986, 1995 and 1997.

Auburn Dam is Vital to California’s Future [9]
With the flood of concern rising over California’s energy challenges, attention is once again focused on one of Sacramento Region’s oldest debates: the Auburn Dam. 

Doolittle's sound ideas for regional problems [10]
By Buzz Oates (Published March 1, 2001 Sacramento Bee)

Congressman Doolittle & the Auburn Dam [11]

Future Shock, Epic drought could strike again, scientists warn [13]
By Stuart Leavenworth -- Sacramento Bee Staff Writer - (Published December 22, 2002)

 BUILD IT