How a Bay Area Water Agency Became a Vital Partner on the American River

One of the Water Forum’s partners is a Bay Area urban water agency that found a way to improve the Sacramento region’s habitat for endangered fish while protecting themselves during severe droughts. That agency is the East Bay Municipal Utility District (EBMUD).

The story of EBMUD’s involvement in the region began with a high-stakes legal battle over water supply from the American River. It later matured into a productive partnership with local water agencies that has brought millions of dollars of revenue to Placer County and a 21st-century approach to managing California’s limited water resources and protecting our native fisheries.

“We see ourselves as partnering with Sacramento region agencies to meet all of our shared water challenges,” said Max Fefer, an associate civil engineer at EBMUD and its representative at the Water Forum. “Water managers have embraced the idea that we are stewards of the river, and human needs must be balanced with other needs on the river, like our fish species.”

We see ourselves as partnering with Sacramento region agencies to meet all of our shared water challenges.

Max Fefer, EBMUD

EBMUD serves about 1.4 million customers in Contra Costa and Alameda counties. Its primary water source is the Mokelumne River, delivered via the Mokelumne Aqueducts from the Sierra Nevada foothills to the San Francisco Bay Area. Similar to the American River, the Mokelumne River supports native Chinook salmon and steelhead species.

Since 1998, EBMUD has collaborated with the U.S. Fish and Wildlife Service and California Department of Fish and Wildlife to fund the Mokelumne River Hatchery to support the recovery of protected species such as Chinook salmon and Central Valley steelhead. In fact, the Mokelumne Hatchery supported the American River fisheries during the last drought by accepting Nimbus Hatchery fish for rearing since the Mokelumne River had lower temperatures compared to the American River.

As far back as the 1960s, EBMUD began looking for additional water because its Mokelumne supply wasn’t adequate during droughts. By the 1970s, the agency signed a contract to buy American River water from the U.S. Bureau of Reclamation, which was building Auburn Dam. But the dam project died in 1979, largely due to earthquake-safety concerns. Some Sacramento water leaders opposed their agreement with Reclamation to divert American River water. They cited concerns that exporting water to the East Bay may potentially imperil American River salmon and steelhead runs and compromise recreation and aesthetic values.

After a decade of litigation, the battle concluded in 1989 with the Hodge Decision. A landmark ruling, the decision sought to satisfy multiple water users in a sustainable manner rather than cutting off any one player. It led to a compromise in which EBMUD was allowed to divert its American River contract water, but not until the water had flowed into the much larger Sacramento River downstream, thus protecting American River fisheries.

“If that water wasn’t staying in the American River, water temperatures would be higher and our salmon species would be in even worse shape,” Fefer said.

Subsequent negotiations led to a partnership between EBMUD and the Sacramento County Water Agency (SCWA). The two agencies agreed to jointly build the Freeport Regional Water Project (Freeport Project), an intake on the Sacramento River near the riverside town of Freeport, and 17 miles of pipeline delivering water to SCWA’s Vineyard Surface Water Treatment Plant and the Folsom South Canal for delivery to EBMUD’s service area.

Completed in 2010, the Freeport Project allowed SCWA to implement conjunctive use south of the American River. During wet periods, SCWA maximizes the use of surface waters through the Freeport Project, allowing the groundwater basin to recharge. During dry periods SCWA utilizes groundwater, allowing surface water to remain in the river for the benefit of the fisheries and the environment. The Freeport Project serves as an important part of SCWA’s adaptation to climate change as it will help the region bank water as part of the important Sacramento Regional Water Bank project. It also solved EBMUD’s problem: EBMUD can divert its American River supply at Freeport during well-defined drought conditions.

Over the past several decades, EBMUD customers (like all Californians) have dramatically reduced their water use by adopting smart consumption habits, water-saving appliances, and drought-tolerant landscaping. However, worsening droughts and water availability has limited EBMUD’s ability to take its CVP contract. Since the Freeport Project was completed, EBMUD has only averaged a 25% allocation of its contract from the U.S. Bureau of Reclamation.

EBMUD also played a vital role in the implementation of the existing Water Forum Agreement. A key component of the Water Forum’s Dry Year Actions is the pledge by Placer County Water Agency (PCWA) to release additional water to the Lower American River (LAR) in dry years to support the environmental and recreational needs of the LAR. This commitment is contingent on having enough supply for PCWA customers and finding a downstream buyer for the released water.

Since 2013, EBMUD and PCWA have been partners, with EBMUD purchasing this water after the environmental benefits are achieved. This partnership is a win-win-win outcome for the Sacramento region: the LAR experiences higher flows and lower temperatures, EBMUD receives a much-needed drought supply, and PCWA expands its water sales while still meeting customer needs within its service area .

EBMUD began participating in the Water Forum in 2017. It currently holds interim member status, Fefer said, and is considering becoming a full member. It is a member of the Water Caucus negotiating Water Forum 2.0, the process to create a new Water Forum Agreement to guide the next 25+ years on the river. Fefer is also one of the lead negotiators representing the Water Caucus on the Water Forum’s American River Corridor Health Working Group.

“The Water Forum is an incredible example of how partners can come together across different areas to build water solutions that balance human and environmental needs,” Fefer said. “Today’s water managers have learned from the past and understand the need to uphold the coequal objectives of protecting the environment and preserving water supplies for future generations of Californians.”