COMMITTEE AGENDA MEMORANDUM
Capital Improvement Program Committee
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: title
Receive and Discuss Updates on Fish and Aquatic Habitat Collaborative Effort (FAHCE) Implementation.
End
RECOMMENDATION: Recommendation
Receive an update on the implementation of FAHCE.
Body
SUMMARY:
FAHCE includes flow (reservoir operations) and non-flow measures (habitat projects, studies, and plans) for Coyote, Guadalupe, and Stevens Creek watersheds. Early implementation started in 1998 and full implementation started for Guadalupe and Stevens Creek in 2024 after the Final Environmental Impact Report was completed. A summary of all the completed non-flow measures is included in our updated Fact Sheet (Attachment 1). This item provides an overview of recent FAHCE activities.
Water Rights Change Petitions
In 2003, Valley Water initialed a Settlement Agreement (SA) which provides a roadmap for resolving the water rights complaint and for improving aquatic habitat in three watersheds: Coyote, Guadalupe, and Stevens Creek. In 2024, Valley Water submitted water rights change petitions to the State Water Resources Control Board (State Board), which led to several water rights protests. In response, Valley Water, California Trout, Inc., Northern California Council of Fly Fishers International, California Department of Fish and Wildlife (CDFW), and San Francisco Baykeeper (Protestants) worked through mediation to resolve the protests. On January 16, 2026, Valley Water and the Protestants filed an Agreement with the State Board to resolve the protests. The filing included 1) the Agreement to Resolve Protests, 2) proposed water right conditions, and 3) a revised Fish Habitat Restoration Program Implementation Plan (FHRP). The Agreement also includes a commitment to return to the State Board with an updated FHRP in five years.
Several status conferences were convened with the State Board to review the submitted materials and proceed towards amending the water rights licenses, including most recently on August 19, 2026. Issues pertaining to water right conditions appear to be nearing resolution. The package of amended water rights will be routed to the State Board Deputy Director for signature, which is anticipated by the end of this year.
Fish Habitat Restoration Program Implementation Plan (FHRP)
Moving forward, FAHCE is guided by two key documents: the FRHP and the Adaptive Management Team (AMT) Charter. This Charter combines the original commitments of the SA and the new commitments from the FRHP into a single guiding document. The FHRP is a “living document” that provides details regarding monitoring, reservoir operations, non-flow measures, adaptive management, and a commitment to develop new Biological and Environmental Objectives. These changes will be implemented collaboratively by the AMT and will require additional studies and monitoring.
The AMT first convened in October 2020 and continues to meet monthly to advance flow and non-flow measures, evaluate measurable objectives, recommend adjustments, and review annual reports.
ENVIRONMENTAL JUSTICE IMPACT:
There are no environmental justice impacts from this item.
ATTACHMENTS:
Attachment 1: FAHCE Fact Sheet
Attachment 2: PowerPoint
UNCLASSIFIED MANAGER:
Manager
John Bourgeois, 408-630-2990