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Finance Letter

Here’s our Saturday morning update on flood control issues in the Central Valley and beyond. Things have been quieter this week at Oroville Dam, but there’s plenty to report on from around the state.

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Here’s a recap of the last couple of days in the flood protection world:

  1. At Oroville on Thursday, DWR was reducing outlflow from the principal spillway down to 50,000 cfs to facilitate removal of debris from the diversion pool, and that outflow continued through at least Friday night. The lake level was down to about 848 feet, so there appears to be ample storage for water in the facility. Moreover, anticipated precipitation totals through Monday are relatively low (see graphic below). So it appears unlikely that the lake level will rise significantly over the next few days, as crews continue to armor the emergency spillway in the event it needs to be used again this season. See also here for an archival documentary with footage from the 60’s (and narration to match) showing the construction of the dam.

PRecip forecst

  1. The Legislature has begun to talk about funding for flood protection around the Central Valley, and there will be a Senate oversight hearing next week on the causes and responses to the Oroville Dam situation. Read more on these efforts here. Some entities, including Reclamation District 1001 and the Sutter Butte Flood Control Agency, have been diligently working to address current high water conditions on Feather River levees as well as the possibility of another emergency situation at Oroville. Here’s a news story with videos and interviews related to these efforts.
  1. The National Weather Service issued a Flash Flood Watch for the Northern San Joaquin Valley and the Delta (see graphic below). Earlier in the week we saw evacuations in Manteca due to a breach of a rural levee (see story here).

Flash flood

  1. In San Jose earlier this week, nearly 14,000 residents were ordered to evacuate due to flooding from Coyote Creek. The creek is dammed upstream at Anderson Lake, which overflowed for the first time in a decade and has been wreaking havoc for residents downstream. See here for the latest from the San Jose Mercury News. This is another dam facility in need of basic structural repairs – it is not seismically sound and could fail in a large earthquake. The Santa Clara Valley Water District released some information about this concern earlier this month – see here.  But the coolest thing may be this drone footage of San Jose.

5.  As a follow-up to two Emergency Proclamations in January and February due to storm damage across the state, at a press conference on Friday, February 24, 2017, Governor Brown announced actions his Administration would be taking to secure funding for emergency levee repairs and dam safety. The Governor released a 4-point plan that includes investing $437 million in near-term flood control and emergency response actions to supplement prior investments.  He sent a letter to Chairs of the Legislative Budget Committees notifying them that he is using his emergency powers to redirect existing appropriations of $50 million and is requesting a $387.1 million appropriation from Prop. 1 to implement flood control projects, including emergency levee repairs in the Central Valley and Delta.

For more detailed information about current storage, inflow, and outflow from Oroville Dam, we still recommend the California Data Exchange Center. Additional sources of information on this incident can be found on the DWR website and DWR has shared this phone number for public updates: 530-872-5951.

That’s it for today. Please check back as we continue to update you on how the system is doing. And stay dry!

Photo of Andrea P. Clark Andrea P. Clark

Andrea Clark specializes in water rights and flood control, serving as general counsel to a variety of public agencies from local reclamation districts and water districts to regional joint powers authorities.

Public agencies in the water and flood control fields rely on Andrea…

Andrea Clark specializes in water rights and flood control, serving as general counsel to a variety of public agencies from local reclamation districts and water districts to regional joint powers authorities.

Public agencies in the water and flood control fields rely on Andrea for her ability to explain in understandable terms the wide range of issues impacting them, including basic transparency laws (Brown Act and Public Records Act), public bidding and contracting, bond financing, the unique nature of joint powers authorities, and elections. She also regularly counsels clients on water transfers, Proposition 218 compliance, the California Environmental Quality Act, the National Environmental Policy Act, and financing strategies for major capital improvement projects.

With a special expertise in flood control and floodplain management, Andrea is regularly asked to speak on topics ranging from flood insurance to climate change and the future of flood control policy in California. Through her representation of clients in state flood policy and speaking engagements, she has forged strong relationships with key members of the flood control community in California.

Andrea also counsels private clients, including landowners and mutual water companies, on water supply matters, including proceedings before the State Water Resources Control Board, water rights determinations, and contractual disputes with Federal agencies.

Photo of Scott L. Shapiro Scott L. Shapiro

Scott Shapiro is known for his expertise in flood protection improvement projects throughout California’s Central Valley. He is helping clients with more than a billion dollars in projects in California’s Central Valley and issues involving the Federal Emergency Management Agency (FEMA) and the…

Scott Shapiro is known for his expertise in flood protection improvement projects throughout California’s Central Valley. He is helping clients with more than a billion dollars in projects in California’s Central Valley and issues involving the Federal Emergency Management Agency (FEMA) and the U.S. Army Corps of Engineers (USACE) throughout the Western United States.

With a special focus on massive flood protection improvement projects, Scott advises clients through regulatory, contractual, financing, and legislative challenges. Acting as general or special counsel, he regularly interacts with senior management at USACE (Headquarters, South Pacific Division, and Sacramento District), the California Department of Water Resources, and the Central Valley Flood Protection Board. He was named to the National Section 408 Task Force and has been invited to give testimony to the National Academies. Scott was instrumental in helping the first regional flood improvement agency that took a basin threatened by flood risk from less than 30-year level of protection to a level of protection approaching 200-year.

Having worked with FEMA on issues of floodplain mapping and levee accreditation for many years, Scott has developed collaborative environments in which he fosters win-win solutions for his clients. He is also currently serving as the lead counsel on a flood insurance rate map (FIRM) appeal and has drafted Federal legislation to modify the National Flood Insurance Program (NFIP) several times.

Scott is known throughout the region for his extensive litigation experience focusing on cases arising from levee failures. He has litigated levee failures resulting from underseepage, failed encroachments, and rodent burrows as well as briefing levee overtopping cases at the appellate level. Scott is one of the few attorneys with experience litigating flood cases on behalf of plaintiffs as well as defendant government entities.