5. MEMORANDUM OF AGREEMENT BETWEEN THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT AND THE CARMEL RIVER STEELHEAD ASSOCIATION
Meeting
Date: June 16, 2003 Budgeted: N/A
General
Counsel: Review Pending
Committee
Recommendation: N/A
CEQA
Compliance: N/A
State
& Federal Agency Review: Consistent with the Annual Memorandum of Agreement
between California Department of Fish and Game and the District for operations
at Sleepy Hollow Steelhead Rearing Facility, the District’s License Agreement
with California-American Water Company and permit application pending with
NOAA-Fisheries
SUMMARY: The Board will consider approval of an agreement with
the Carmel River Steelhead Association (CRSA) to deliver juvenile steelhead
that are rescued from tributaries of the Carmel River and to rear these fish at
the District’s Sleepy Hollow Steelhead Rearing Facility (Facility). CRSA and staff have negotiated the proposed
agreement, Exhibit 5-A, over the
last year, and it addresses a long-standing request to rear fish from tributary
rescues at the Facility.
RECOMMENDATION:
District staff recommends approval of the agreement, subject to the
proposed terms and conditions.
BACKGROUND:
In a letter dated May 19, 2000, the CRSA requested that the District
accept and rear juvenile steelhead rescued by CRSA (Exhibit 5-B, Enclosure
1). In response to this
request, staff assembled a proposed protocol for this operation, Exhibit 5-B, and began negotiations with
CRSA representatives to implement the request, subject to approval of a
memorandum of agreement and review and approval by CDFG and NOAA-Fisheries.
A key issue
for consideration is whether the tributary fish will impact existing operations
at the Facility, which is funded by the Cal-Am user fee and specifically
designed to mitigate for existing Cal-Am pumping along the mainstem of the
Carmel River in Carmel Valley. Staff
reviewed this situation and believes that the anticipated increased costs are
minor, including small amounts of additional food and limited additional time
on Saturdays to accept the fish.
In
an April 21, 2002 letter, CRSA notified the District that the Association had
added the District to its general insurance liability policy as an “additional
insured” (Exhibit 5-C). This addresses a major concern regarding CRSA
access and use of the Facility. In
addition, CRSA is willing to hold the District, its employees, and agents
harmless in the event that CRSA members are injured at the Facility.
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