Water Resources Deputy Director Pam Francis took the matter to the board.
On Oct. 2, the Big Valley Groundwater Management Zone Commission unanimously requested that the board request mitigation measures first put in place in 1980, when the California Department of Water Resources operated the geothermal plant, be reinstated, Francis told the board. She said Water Resources staff supported that request.
When the state applied to build the 55-megawatt capacity plant in 1980 studies revealed impacts on Kelsey Creek's watershed, according to Francis.
That early documentation also identified mitigation measures, including constructing, operating and maintaining a groundwater recharge facility – or detention structure – on Kelsey Creek, as well as stream flow and water quality monitoring, Francis said.
The county entered into two separate agreements with the Department of Water Resources to cover those mitigations as well as operation of seven stream gauges and water quality monitoring at eight locations, Francis' written report to the board explained.
The state ceased operating the plant in 1990, citing a depleted steam reserve, as Lake County News has reported.
After operations there ceased, Francis said the payments for operations and maintenance on the mitigations – the last one was for more than $12,000 – ceased, as did the monitoring, with the exception of a location on Clear Lake, according to Francis.
The Big Valley Groundwater Management Zone Commission picked up the costs of operating the Kelsey Creek detention structure, but Francis said they didn't have adequate funds to operate the three stream gauges in the upper Kelsey Creek watershed near the power plant. She said operating the stream gauges costs $20,000 each on an annual basis.
With the mitigations required under the California Environmental Quality Act (CEQA), Francis asked to have them immediately reinstated.
Francis requested the board require the plant's new operator, Bottle Rock Power LLC – which began operating the plan in early 2007 – to pay funds to the district for the mitigations, including the detention structure's operation and maintenance and “a fair share” of the cost to operate the stream gauge on Kelsey Creek.
She also asked the board to require the power plant to pay all operation costs for the stream gauges on Kelsey, Middle and Scotts creeks if Department of Water Resources funds no longer were available.
The costs to operate the detention structure for 2009 is estimated to cost more than $18,000, and the local share of operating the Kelsey Creek stream gauge is $13,650 out of $20,000 total, according to Francis' report.
Supervisor Rob Brown asked if Francis had spoken to Community Development Director Rick Coel about the matter.
“His take is that the board needs to act on this,” Francis replied.
Brown noted that Francis' request for a “fair share” payment is subjective, and they need to be able to tell the plant what that amount means.
Board Chair Denise Rushing asked if the mitigations discussion was a mechanism to reopen the plant's permit.
County Counsel Anita Grant said no, but the board can direct staff to go back and seek changes.
Grant further suggested that those mitigation measures can be made conditions of the new use permit that Bottle Rock Power LLC is seeking to expand the plant's steamfields.
Brown asked Francis if Calpine, another of the area's geothermal operators and probably the best known, is included in providing mitigations. Francis said they weren't, prompting Brown to suggest that one power generator shouldn't be responsible for mitigations to cover all of them.
Added Rushing, “We need to look at the whole mechanism, not just this one case.”
County Administrative Office Kelly Cox said Calpine pays a lot of property tax in the county, which the state didn't do while operating the plant. Brown pointed out that Bottle Rock does pay property tax.
He said they can't make assumptions about the new permit, the scoping process for which just began.
A scoping meeting for the environmental impact report on the steamfield expansion was held in Cobb on Oct. 27. Community members there have complained that the power plant isn't following the terms of its use permit in how it's operating currently, and voiced opposition to the expansion.
Sarah Ryan, environmental director for Big Valley Rancheria, told the board that she hoped an impacts analysis would be done as part of the required mitigation measures.
Ryan pointed out that CEQA require mitigations to make sure there aren't negative impacts for an area. She said if it's required for this plant, it should be required of others as well.
Brown moved to direct staff to work with Community Development on the use permit, and make any necessary modifications for any steam generator to pay their fair share of mitigations.
Coel, who joined in on the discussion, noted that Bottle Rock Power wasn't aware the discussion was taking place.
Rushing asked what would happen if the power plant didn't agree to the mitigations. Coel said it would then be up to the county to start a new process.
Coel said he needed to further research the matter, but he explained that there are processes the county can follow to make minor modifications to the use permit.
The board voted 5-0 on Brown's motion, which included a request that Coel report back on the issue on Dec. 1.
In other news, the board voted to begin a recruitment for a new Water Resources Department director, turned down a developer's request for a refund of more than $130,000 in fees paid to Lake County Special Districts to open the Clearlake Carl's Jr. fast food restaurant and heard a presentation on the lake's algae, which the board may expand upon in a future workshop.
E-mail Elizabeth Larson at
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