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Petition to Prohibit the Proposed Water Released at Lake Naciminto

Petition to Prohibit the Proposed Water Releases at Lake Nacimiento

Water Release News from the San Luis Obispo Tribune

Below there is an article that appears in the San Luis Obispo Tribune as well as a followup Letter to the Editor


The original article can be found

Nacimiento has lost half its water — and other SLO County reservoirs are down, too
February 27, 2018 05:51 PM
Updated February 27, 2018 07:09 PM
Less than a year after emerging from five years of parched conditions, another dry winter is taking its toll on San Luis Obispo County reservoirs.
As of Feb. 22, most of the county had slipped back into severe drought conditions,
according to the U.S. Drought Monitor. As a result, the region’s reservoirs are all down from this time last year, with some losing substantially more water than others.
Lake Nacimiento, Lake San Antonio and Santa Margarita Lake have all lost significant amounts of water since early 2017.
Lake Nacimiento was 96.5 percent full on Feb. 23 last year. On Monday, it was at 40 percent of capacity, according to the Monterey County Water Resources Agency.

Lake San Antonio was 31 percent full on Monday, compared to
46 percent on Feb. 23 last year. Monterey County manages the two lakes, although Lake Nacimiento is located in San Luis Obispo County.
“It’s Mother Nature,” said Brent Buche, deputy general manager for the Water Resources Agency. “It’s rainfall — it’s lack of rainfall.”
Even though officials release water from Lake Nacimiento to recharge the Salinas Valley aquifer and preserve fisheries, Buche said the agency hasn’t released more water than normal.

“Our releases were not excessive of any other year,” he said.
Santa Margarita Lake in the North County has lost about a fifth of its water — to 79.8 percent capacuty from 101.2 at this time last year.
“We were in a worse state last year,” said Ray Dienzo, the county’s supervising water resources engineer. “The two miracle rain months raised it past 100 percent.”
Rain is in the forecast for San Luis Obispo County this week, but Dienzo said it might not do much for the area’s lake and reservoir levels.
“I wouldn’t expect there to be much of a rise from this little rain,” he said. “The ground still needs to be saturated.”
Still, some of the county’s reservoir levels held steady, in spite of the lack of rain.
Whale Rock Reservoir near Cayucos was 72.7 percent full as of Feb. 21. The water level is down only slightly from last year at this time, when it was 73.5 percent full, according to Noah Evans, the reservoir supervisor.
Lopez Lake was at 50.2 percent of capacity on Monday, down just 6 percentage points from last February, when it was 56 percent full.

Evans said Whale Rock hasn’t lost much water because the region continued to get rain into late spring in 2017 and the reservoir wasn’t drawn down very much throughout the rest of the year.
“Last year, we were still filling up the tank, so to speak, through May,” he said.
Evans said he’s not too worried yet, as there’s still “quite a bit of fuel in the tank.”
“We’d like to see the reservoir full all the time,” he said. “... I can worry all I want — I still can’t make it rain.”


The original article can be found here
Monterey County has some explaining to do about Lake Nacimiento
March 07, 2018 08:44 PM
If the Monterey County Water Resources Agency, which controls all the water in Lake Nacimiento, had a motto it would be: “If you don’t like what we did before, wait until you see what we do next.”
This lake is currently at 40 percent of capacity; a year ago it was at 96.5 percent. Why has it gone down so much? Brent Buche, the deputy general manager of the Water Resources Agency, blames “Mother Nature,” what with the nasty drought and all.

That might be true if Mother Nature controlled the spigot and dumped 60 cubic feet of water per second from the reservoir into the Salinas River. But it wasn’t Mother Nature who did that, it was Buche and his cohorts in Monterey County. By the way, a water release of 60 cubic feet per second (60 cfs) amounts to 36 million gallons per day.
And guess what they’re planning next? The Water Resources Agency is going to ramp up the release of water to 295 cfs by mid-March, and up to 450 cfs from April through the middle of July.
Make Monterey County explain this. And don’t let them blame Mother Nature.

Monterey County Rangers - 2018 NRWMAC Release


We, the undersigned, are concerned citizens and residents who demand that a minimum of seven full time Monterey County Park Rangers be redeployed exclusively to Lake Nacimiento and surrounding areas. We believe that seven Park Rangers constitute the minimum staffing level necessary to enforce the law, to provide safety for locals, visitors, camping and boating, and to protect the lake waters from invasive mussels.

Over the previous two years, the Monterey County Parks Department has reduced the number of Park Rangers and other Parks Department employees on Lake Nacimiento to a dangerously low level. In the past, there were as many as 30 Park Rangers patrolling Monterey County parks, including Lake Nacimiento. Now there is only one Park Ranger on patrol at all of these parks, and comes to Lake Nacimiento on only a part-time basis.

This must change. Park Rangers are responsible for law enforcement and perform many vital functions, including, but not limited to, the following:

  • Citing and arresting intoxicated boaters;
  • Citing reckless boaters;
  • Citing boaters who do not possess daily or annual passes;
  • Performing invasive mussel permit inspections and citing violators;
  • Providing emergency services in case of a catastrophe, such as fires, drowning and boating accidents;
  • Maintaining channel buoys to keep boaters from running aground; and
  • Being a deterrent to dangerous behavior by their visible presence.

It takes a minimum of three Park Rangers in order to put one Park Ranger Boat on the lake (two Park Rangers in the boat and one at the Resort Marina). With shift coverage and days off it takes at least seven Park Rangers in order to keep a boat on the lake. Campers pay Monterey County as much as $47.00 per night to stay at the resort; boaters pay $100.00 per vessel for a yearly lake permit; day use is $10.00; and dock owners pay $60.00 for each dock. Monterey County continues to collect this money yet fails to provide the safety and security we rely on for our fees.

Unfortunately, there have been a number of deaths on the lake caused by reckless and/or intoxicated boaters, resulting in accidents and drowning. Thefts and gang activity are on the rise. Boaters are using the lake without fear of having to provide proof of either a mandatory mussel inspection or an annual or daily pass. On a busy weekend there can be hundreds of campers and thousands of boats on the water. When there are no Park Rangers it becomes a virtual free-for-all. And word is getting out. For some, it might seem welcome news that law enforcement has been so severely depleted, but for the great majority of us who use the lake, it is entirely unsatisfactory. We want and need to know that in the event of an emergency or catastrophe that there are trained people available to help. We expect to have our lake waters protected from the devastating effect of an irreversible infestation of invasive mussels. We demand full time Park Rangers be returned to Lake Nacimiento at the staffing levels necessary to provide for our safety and to enforce the law.



Monterey County Resolution 16-R03 & Amendment from NRWMAC

OCTOBER 7, 2017 - Latest Info Regarding the Tunnel and Negotiations between Monterey and NRWMAC

Date: October 7, 2017 at 2:54:26 PM PDT
Subject: Monterey County Resolution 16-R03

Attached is Resolution 16-R03, which Monterey County tried to shove down the throats of the landowners, saying it protected them from harm caused by the Interlake Tunnel Project. Also attached is the draft amendments to that resolution, which actually
does protect the landowners. (Because of that, Monterey County probably wont accept it.) Finally, I include a synopsis of the most recent Res Ops meeting in Salinas, from last month. Read ‘em and weep.

Monterey County BOD Resolution
NRWMAC Amendment to Monterey County BOD Resolution
NRWMAC Latest News

Monterey County Tunnel Letter to John Peschong from Jeff Green

District One Supervisor John Peschong 
Ms. Vicki Janssen, Legislative Assistant
County of San Luis Obispo Board of Supervisors
1055 Monterey Street, Room D430
San Luis Obispo, CA 93408
SENT BY EMAIL ONLY TO: and            
Dear Supervisor John Peschong and Ms. Vicki Jansen: 
My name is Jeff Greene. I am an owner of property in the immediate vicinity of the Interlake Tunnel Project being pursued by Monterey County. 
Approximately two years ago, I hosted a meeting at my home, attended by landowners, whose properties, like my own, were threatened by the tunnel project. During that meeting we discussed the strong likelihood that Monterey County would one day want access to our properties to do testing and/or inspections, preliminary to the commencement of the actual construction phase. In anticipation of this, and in order to be reasonable and cooperative, and, more importantly, to avoid any possible litigation, the landowners prepared a list of issues that Monterey would need to resolve to our satisfaction in order to have the access we believed they would one day request. 
Subsequently, and over time, we engaged in dialogue with representatives from Monterey County to discuss these issues, wherein we attempted to make them understand that, while the tunnel project might benefit thousands of people in Monterey County, it would come to fruition only at the expense of owners in San Luis Obispo County whose land was situated along the proposed tunnel alignment. In our view, testing and construction would inevitably pose hazards and liabilities to these landowners, and that it was incumbent upon Monterey County to provide liability protection for the harm their project would cause. We explained that the water wells in the area are fragile, the water tables are marginal in many areas, and the subject area is saturated with oil and gas deposits. We emphasized the very real threat of contamination that test drilling and/or tunnel construction would pose not only to our wells but also to both lakes.   
The landowners stated their belief that even simple test drills would likely change the water flow, resulting in possibly catastrophic effects to the wells and/or rerouting of oil deposits. We also stressed that this proposed tunnel project is located in an earthquake fault area. We illustrated our concerns by sharing with Monterey County the following list of incidents and facts involving properties in the impacted area:
1.     At least one owner struck oil while drilling for a water well and had to shut it in;
2.     Another owner’s wells (mine) dried up immediately after the earthquake approximately ten years ago;
3.     Many wells in the area have high sulfur/mineral content;
4.     Other wells have suffered lower water levels due to drought conditions;
5.     Some wells have depths in the range of the tunnel elevation.
            There have been many meetings with representatives of Monterey County over the past two years concerning the status of their efforts to resolve the issues we presented to them.  At each of these meetings we repeated our concerns and requested that insurance policies be put into place to indemnify the landowners should the predictable harm we feared occur.
Monterey County has uniformly ignored these issues and our efforts at resolution. About six months ago a team from the county held a meeting at the Lake Nacimiento Resort restaurant to once again provide a project update to the landowners. At that meeting, those representatives literally laughed off not only the concerns we had raised but also the complaints we began to voice over their continuing disregard and inaction on the subject. I, personally, reminded them that there will come a day when Monterey County will want access to our properties for testing and that their stonewalling and smug attitude will result in a delay – and they will have only themselves to blame. 
A month ago, Monterey County representatives met with owners of six properties to whose land they wanted access for testing/drilling. I also attended that meeting. The owners asked, again, if the list of concerns they and others had presented over two years hence had finally been addressed. The representatives appeared baffled that there even was such a list. We then proceeded to go through the list with them, item by item. In short, nothing had been addressed.
The county representatives did say that there had been “resolution” adopted by the county which they insisted was to protect the owners in the event something “went wrong.” We pointed out that they misrepresented the plain language of the resolution; as it did not, and does not, meet that goal at all. The resolution is, at best, a statement of their intention of  “doing the right thing” if something went wrong, and that it could be proven that it was their fault. We have come to believe that Monterey County does not have the best reputation for truthfulness, so a statement in a resolution asking us to trust them to do the right thing falls on deaf ears.  
At this same meeting we were informed that the company contracted by Monterey County to perform the work had insurance to cover the landowners if, again, “something went wrong” during the drilling/testing procedures, and furthermore, that Monterey County itself had insurance for the project. This is another, truly massive misrepresentation. These policies would only protect the contractor(s) and Monterey County against the landowners if something “goes wrong.” They do not, even remotely, cover or protect any landowners against the liability created by Monterey County or its contractor(s). The statements made to us in that meeting by the representatives of Monterey County were, at best, the product of utter naiveté, or at worst, and much more likely, just another example of their penchant for falsehood. Under either scenario, it is clear that the landowners should have their own insurance, without cost to them, for any and all phases of the project. We have repeatedly asked that we be given insurance that either directly covers us for loss and/or liability, or that we be named as additional insured for the same coverage on an appropriate policy. Monterey County has refused this request, instead insisting that we rely on the resolution.
Monterey County has now informed the landowners that they will invoke eminent domain against them if they insist on continuing to refuse access. We feel that, at some point, Monterey County will make the same statement to a federal judge in order to bully access, which could amount to perjury, inasmuch as the landowners have repeatedly stated over two years they would provide access if and when Monterey County covers the owners’ liability.
Monterey County has consistently shown that they have no regard for the people of San Luis County or the people around the lakes. Rather their interests are in grabbing the water for "other" uses in Monterey. The water management agreement doesn't include “other uses” as described in their literature concerning the purpose of the tunnel. I believe that Monterey shouldn't even be managing the water as their conflict of interest in the management of the water and desires for it, for the expansion of Monterey defines the definition of "conflict of interest”. I request that San Luis Obispo County support us in protecting the water, recreation and the residences like us who are directly affected. I request that when Monterey requests your support for eminent domain you reject it for the reasons above. We have tried to be reasonable with Monterey, predict their needs and help them pre resolve easily predictable issues that need planning to prevent delays. They have disregarded us and treated us as a deplorable inconvenience and nuisance. 
Concerns for friends of the lakes and property owners if the tunnel project happens: Decreased property values, low water levels, no water in coves, docks on dry land, some boat ramps out of water early in the year, short summer recreation, longer drought due to low water level in dry years, more to come. Monterey county wants the tunnel elevation at 745 and that is 15 feet below where we are now.

We request your help.

Jeff Green