INTRODUCTION
The El Nino Storms of February 1998 brought high tides and winds that
caused significant levee breaches, overtopping, and erosion on Montezuma
Slough and the northern shore of Honker, Suisun and Grizzly bays.
Floodwaters completely inundated public and private lands on Van Sickle,
Wheeler, Simmons, and Hammond islands; and partially inundated Grizzly,
Joice and Lower Joice islands. Residential housing evacuated on the
Department of Fish and Game's Grizzly Island Wildlife Area was in danger
of flooding. Also, inundated were the Federal Central Valley Project
and State Water Project's facility at Roaring River Distribution System
and significant portions of the Department of Fish and Game Grizzly Wildlife
Management Area. There were over 30 areas that suffered levee damage.
The integrity of the levee structures were degraded by tidal action and
additional storms. The existing and additional damage could impact
water quality standards in the Suisun Marsh and Bay. This would be
as a result of more salt-water intrusion and the Suisun Marsh Salinity
Control and Water Distribution Facilities becoming inoperable. These
areas, both private, county, State and those with a Federal interest must
be repaired.
BACKGROUND
Resource Conservation districts are authorized under the California Public Resource Code to assist the State in soil and water conservation by giving assistance to landowners and municipalities to control soil erosion and runoff, stabilize soils, and improve water quality.
Suisun Resource Conservation District: In 1963, local landowners
in the Suisun Marsh formed the Suisun Resource Conservation District (SRCD)
to protect the environmental quality of the marsh. SRCD performs
both administrative and technical functions that include representing the
interests of the landowners. The District includes 116,000 acres,
consisting of approximately 52,000 acres of managed wetlands, 6,300 acres
of unmanaged tidal wetlands, 30,000 acres of bays and sloughs, and 27,700
acres of upland grasslands.
Suisun Bay and Marsh Plan of Protection: In 1977, the California Legislature enacted the Suisun Marsh Preservation Act which declared the Marsh a fragile ecosystem with extensive wetlands that provide critical habitat for a variety of rare and endangered plants and wildlife. It is in fact the largest contiguous brackish water marsh in the United States and contains 12 percent of the remaining natural wetlands in California. The State Water Resources Control Board issued Water Right Decision 1485 in 1978, which set channel water salinity standards, ordered the development of a water quality monitoring program, and required a Plan of Protection be implemented by October 1, 1984. In 1984, the Department of Water Resources (DWR) published the Plan of Protection for the Suisun Marsh including an Environmental Impact Report, prepared in cooperation with the Department of Fish and Game, the Suisun Resource Conservation District, and the U.S. Bureau of Reclamation (BOR). The U.S. Fish and Wildlife Service also provided helpful information. The Plan of Protection is a proposal for staged implementation. Components for Phases I and II of the Plan are complete, including the Morrow Island Distribution System, Roaring River Distribution System, Goodyear Slough Outfall, and the Suisun Marsh Salinity Control Structure (also referred to as Montezuma Slough Control Structure).
Current Situation: The series of El Nino storms for the month of February have caused numerous levee breaches and overtopping as a direct result of high water stages, winds and extremely high tides. These breaches and overtopping have seriously eroded the levees and affect their structural integrity. In addition, daily tidal fluctuations continue to cause additional erosion and flooding. The Roaring River Distribution System is inundated and operation of State and Federal infrastructure (salinity control structure) constructed to maintain productivity of the Suisun Marsh wetland is in jeopardy. Failure to halt damage and restore the marsh back to pre-flood geometry could result in this $80 million infrastructure investment becoming inoperable. Under this condition, the Federal Central Valley Project and the State Water Project may be subject to alternative operations. These operations, as coordinated with the Environmental Protection Agency and the State Water Resources Control Board, may require up to an additional 1 million-acre feet of fresh water storage. This would result in lost water delivery reliability to 2/3 of the State's populace. Since El Nino is forecasted to cause storm events through April, further damage is expected.
All local and State flood fight capabilities are being utilized and
are fully committed and involve the Suisun Resources Conservation District,
three Reclamation Districts, Solano County, the Department of Fish and
Game, and the Department of Water Resources. The State of California
requested Federal assistance through the U.S. Army Corps of Engineers.
FACTS
1. Under the Suisun Marsh Preservation Agreement, DWR owns, operates and maintains the SWP and CVP Suisun Marsh infrastructure with the U.S. Bureau of Reclamation cost participation. The Bureau of Reclamation and the State of California cost shared (40% BOR and 60% State) in the construction, operation and maintenance of the Suisun Marsh Salinity Control and water distribution system. This infrastructure is an $80 million investment that is being jeopardized. The BOR continues to have a vested interest in the Suisun Marsh facility including the Roaring River Distribution System.
2. Out of approximately 32 levee sites damaged, the State identified 11 critical sites that are impacting the essential functions of the facilities. The State requested PL 84-99 direct assistance for flood fighting these sites.
3. Private exterior levees that have been seriously damaged are needed to protect managed wetlands and SWP and CVP facilities on Grizzly, Van Sickle, Wheeler, Simmons, Hammond, Joice and Lower Joice Islands.
4. Private levees do not qualify for assistance under the U.S. Army Corps of Engineers Public Law (PL) 84-99 program unless there is an imminent threat to public infrastructure or life. This assistance is limited to flood fight efforts and not permanent repair.
5. PL 84-99 assistance can not be used to flood fight other agency facilities, such as the Suisun Marsh facility, constructed jointly with Federal and State dollars for which the responsible Federal agency (BOR) participates in operation thereof.
6. Federal and State policy provides for no net loss of wetlands. Thus, damaged levees could impact overall management of the Suisun Marsh wetlands.
7. The Bureau of Reclamation and DWR determined that the situation in
Suisun Marsh was of such an emergency nature that they made $1.1 million
(40% USBR and 60% DWR) available to initiate the repair of 11 major levee
breaches. These breaches were adversely impacting the overall integrity
and design operation of the Roaring River Distribution System, and could
adversely effect their ability to meet SWRCB water quality standards.
8. The BOR requested the U.S. Army Corps of Engineers to be the construction agent for the emergency repairs. The State of California provided funds upfront to address this emergency in coordination with the work funded by the Bureau of Reclamation. The Corps completed emergency contract work March 19, 1998.
9. The Department of Water Resources did not agree with the U.S. Army Corps of Engineers position relative to the use of PL 84-99 funds for emergency repairs to the Suisun Marsh. The State of California sought PL 84-99 assistance on the basis that the CVP and SWP will be impacted. The State responded back to the Corps response dated February 23, 1998, which turned down PL 84-99 assistance. The State requested that the Corps re-evaluate their need for PL84-99 assistance. The Corps reevaluated the request March 13,1998 and determined that the request did not meet PL 84-99 requirements. In addition, the Corps advised both Senator Feinstein and Boxer on March 27,1998 that Corps assistance was not applicable. On March 26, 1998, the Senate passed the Disaster Relief Bill for California, which includes $1.1 million for the repair of levees within the Suisun Marsh.
10. The improper functioning of the Suisun Marsh Salinity Control and Water Distribution Facilities facility will have an adverse impact on California's water supply.
11. There is a linkage of the CALFED Bay-Delta program to the BOR CVPIA program.
12. The Suisun Resource Conservation District (SRCD) does not have an O&M program for levees. However, the Suisun Marsh Preservation Agreement provided that the SRCD would facilitate the formation of levee maintenance districts. The Reclamation Districts, Departments of Fish and Game, and private landowners are responsible for levee maintenance. DWR is responsible for the SWP project levees in Suisun Marsh.
13. Since 1987, the State has spent $150 million and achieved approximately
90% compliance by levee mile for the Hazard Mitigation Plan levee requirements
in the Delta including Van Sickle Island. There were two damage survey
reports (DSRs) obligated in the Presidential Disaster Declaration (DR)
1046 event. Total funding was $59,940.00. This was granted
on the condition that Van Sickle was close to compliance with HMP and had
scheduled near future work that would bring it into compliance. Acceptance
of the Island for FEMA funding in the DR 1046 event was expressly understood
to not apply to future disasters (Meeting November 15, 1996). The
District would need to show HMP compliance for future eligibility.
The DR 1155 event occurred the following year and the District
had not completed their HMP work. Accordingly, they have been
determined ineligible for FEMA funding in the DR1155 event. FEMA
does not have any new information on VanSickle Island.
AGENCY AUTHORITIES
There are several potential avenues for resolving the immediate and long-term solution to the current problems associated with the Suisun Marsh and the impacts of El Nino. Several agencies have existing authorities that may or may not be applicable in that regard. A discussion of those follows:
U.S. Army Corps of Engineers - under the authority of Public Law 84-99 the Corps can provide flood fight assistance to supplement State and local governments. This assistance is limited to life threatening situations and to protect facilities not yet damaged if it makes economic sense and they otherwise meet the Corps criteria. In addition during recovery, the Corps can assist eligible levee sponsors and operators to make repairs to levees and other flood control works. The Corps can repair Federally constructed levees, operated and maintained by local sponsors, at 100% Federal costs. The Corps requires cost sharing at 80% Federal cost and 20% Local cost for structures that were constructed by anyone other than the Corps. These non-Federal projects must also be included in the PL 84-99 rehabilitation program. The Water Resources Development Act of 1996 authorized the Corps to implement nonstructural alternatives instead of repairing damaged structures, based on the concurrence of the public sponsor.
The Corps can also provide general technical assistance, general
planning guidance and planning studies under other authorities. Cost
sharing with the local entities is shared evenly (50-50). In addition,
under the Corps Floodplain Management Services Program, the Corps provides,
on request, flood hazard information, technical assistance, and planning
to other Federal agencies, States, local governments, and private citizens.
Once community officials know the flood-prone areas in their communities
and how often floods would be likely, they can take necessary measures
to prevent or minimize damages to existing structures by adopting and enforcing
zoning ordinances, building codes, etc. The Floodplain Management
Program provides assistance to other Federal and State agencies in the
same manner.
Natural Resources Conservation Service (NRCS), Department of
Agriculture -- The NRCS administers a number of programs related to
flood plain management. The Watershed Protection and Flood
Prevention Program provides NRCS technical and financial assistance
for structural and nonstructural measures on projects that reduce erosion,
floodwater, and sediment damage. The Emergency Watershed Protection
(EWP) Program provides NRCS assistance in installing or repairing conservation
measures that control runoff to prevent flood damage and soil erosion when
a natural disaster has created an imminent threat to life or property.
A recent change in this program allows NRCS to use EWP funds to acquire
flowage easements in certain circumstances. Policies to carryout
this new authority are being developed. Finally, the Wetlands Reserve
Program allows for the purchase of easements and installation of measures
on a voluntary basis to restore wetlands on private property.
Federal Emergency Management Agency (FEMA) – FEMA does
not provide assistance for private levees. Generally, FEMA
assistance is limited in nature and linked to emergency protective
measures.
Bureau of Reclamation (BOR), U.S. Department of the Interior
– BOR has the authority to plan, design, and construct environmental restoration
measures, consistent with Public Law 102-575, Title 34, Central Valley
Project Improvement Act. Public Law 99-546 authorizes the BOR to
participate in the preservation of Suisun Marsh.
Fish and Wildlife Service (USFWS), Department of the Interior -- USFWS can consider enhancements for fish and wildlife as Federal water development projects.
California - Federal (CALFED) Bay-Delta Program -- CALFED consists of 12 state and Federal agencies. CALFED is developing a long-term program for the state in the Bay-Delta region. The focus of the CALFED program relates to water quality, ecosystem restoration, water use efficiency, and levee system integrity. The Suisun Marsh falls within the boundaries of the CALFED program.
California Resources Agency, Department of Water Resources
-- This department develops management strategies and plans projects
for the wise use and sound management of California's water resources.
The Department coordinates the National Flood insurance Program (NFIP)
in California and has a partnering agreement with FEMA to audit community
compliance with the NFIP. DWR also has a pro-active program to assist
local governments to comply with Flood Plain Management regulations.
In addition, the department operates and maintains portions of the Sacramento
River Flood Control Project.
SUMMARY
The Interagency Task Force discussed the concerns, issues and activities related to the Suisun Marsh during the ITF meeting March 24, 1998. Discussions focused on the various agency authorities and resources (Federal and State) that could be brought to bear on solutions to the Grizzly Island- Suisun Marsh situation. It was determined that the appropriate avenue for the long-term solution should be through the CALFED program. In addition, some pre-planning for future emergency response requirements should continue among the public and private entities having maintenance responsibilities until there is a final resolution to the long-term. Further, activities must focus on the existing Suisun Marsh Preservation Agreement and the requirement to establish levee maintenance districts. No further action by the Interagency Task Force on the Suisun Marsh issue is required.