LAKE COUNTY – In one of his first bills as a member of the state Assembly, Wes Chesbro has introduced a bill that would authorize the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project on Clear Lake.

The project would restore 1,400 acres of wetland to the lake that previously were exposed thanks to a series of levees established between 1900 and 1940. Those levees created a slough and turned approximately 1,200 acres of lake bottom and wetlands into land for agricultural use.

An additional 200 acres were reclaimed in 1958 with the construction of another set of levees by the U.S. Army Corps of Engineers.

“This bill is an important step in the state’s efforts to eliminate substandard levees, improve water quality, and restore natural habitat,” Chesbro, who represents the First Assembly District – which includes Lake County – said in a written statement.

Chesbro's bill, AB 74, would authorize state participation in the ecosystem restoration project, which includes removing the substandard levee system around the confluence of Middle Creek and Scotts Creek.

With the levees gone, 1,650 acres of former wetland and floodplain will be reconnected to Clear Lake, which will eliminate flood risk to 18 residential structures and numerous outbuildings and restore more than 1,400 acres of lake bottom and wetlands.

The project's benefits go beyond flood control and habitat restoration – it also will remove up to 40 percent of phosphorus entering Clear Lake from the two creeks.

“We are extremely appreciative of Assemblyman Chesbro’s efforts to assist us in this important project that will help reduce the threat of flooding to many residents, restore critical habitat for wildlife, and improve the health and water quality of Clear Lake,” said District 3 Supervisor Denise Rushing.

In November 2007, Congress overrode a presidential veto to pass the Water Resources Development Act of 2007 – known as WRDA – which granted the Middle Creek project federal authorization.

While Chesbro was in the state Senate, he had authored previous bills to authorize the state's participation before federal authorization had been granted, said Bob Fredenburg, a legislative aide in Chesbro's Sacramento office.

“In the past we were trying to do it in anticipation of federal authorization,” said Fredenburg.

However, those bills failed to pass, largely because that federal authorization hadn't yet been granted, he said. “That's the key element.”

Now, with WRDA in hand, Fredenburg said Chesbro is hopeful they'll get the support they need from the legislature to use state funds to match the federal funds needed to complete the project.

They're also expecting support, said Fredenburg, because the money for the project is there in the form of economic stimulus and bonds.

“For all those reasons we're optimistic,” he said.

Bob Lossius, Lake County's assistant director of Public Works, told Lake County News in a previous interview that the Middle Creek project is estimated to cost $45 million. Of that, $16 million – or about 35 percent – must come from state and local sources, with the rest coming from the federal government. The county already has some grants, including a $5 million grant for property acquisition.

The bill, according to Chesbro's office, would authorize the Central Valley Flood Protection Board and the California Department of Water Resources to fund 50 percent of the non-federal costs of the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project.

Fredenburg said the money will come from a number of sources.

“The federal money comes first,” he said. “There's a stream of federal money for flood control projects in general.”

That funding stream is part of an economic stimulus package the federal government is considering, said Fredenburg.

“We want to makes sure this one is queued up and able to take advantage of those increased federal funds,” he said.

On the state side, Fredenburg said the money would come from Proposition 1F, a flood control measure approved by voters, plus another ballot measure, Proposition 84, which supports water quality projects. Both propositions were approved in 2006.

One of the project's sticking points is that the Robinson Rancheria Band of Pomos has a 30-acre piece of trust land located across Highway 20 that could end up underwater.

Fredenburg called it “one of the dilemmas or challenges” of Middle Creek.

The county has been working to get federal support for transferring three other tribal properties on the lakeshore into trust in exchange for that land.

However, the WRDA authorization includes what Lossius told the Board of Supervisors last year was a more expensive option – a ring levee that he said would offer little protection and cost $50,000 to maintain.

Fredenburg said that maintenance amount was a preliminary estimate by the Army Corps of Engineers, and could possibly be done for less, although they don't know the total costs.

Lossius told Lake County News late last week that there are still efforts to transfer the tribe's trust land to the other parcels on the lakeshore.

Fredenburg said the land swap could still occur. Either way, Chesbro supports the plan and believes it can move forward.

As to the project and the possible impact of the state's financial situation, Fredenburg said funding for Middle Creek only would be affected by California's budget meltdown “in a very roundabout way.”

“The bond money right now is being jeopardized by the inability of the state to get credit,” he said.

The state can't get that credit, he said, because of its multi-billion dollar deficit. Once that deficit is decreased and the market's confidence in the state improves, credit will be available to help float the bonds.

He said they don't see the state's current economic situation “as a big part of the equation.”

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it..

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