Board orders recirculation of Alameda Creek recapture EIR after fisheries concerns

The San Francisco Board of Supervisors voted unanimously on Sept. 5 to reverse the Planning Commission's certification of the final environmental impact report (FEIR) for the San Francisco Public Utilities Commission's Alameda Creek recapture project and directed a targeted recirculation to answer specific fisheries and hydrology questions raised by federal and regional stakeholders.

The action followed an appeal filed by the Alameda County Water District (ACWD), which said the planning-level groundwater and surface-water analysis did not adequately demonstrate there would be no adverse effect on steelhead trout migration and spawning in lower Alameda Creek. ACWD General Manager Robert Shaver told the board, "We do support the proposed project as we are a customer of SFPUC, and we'll benefit from it, but the planning department has not adequately addressed our concerns."

Why it matters: The recapture project would capture a portion of water released from Calaveras Reservoir and use natural infiltration areas for temporary storage and later recovery. Opponents and resource agencies warned that the EIR relied on modeling and averaging approaches that could miss the timing and day-level flow conditions that matter to threatened steelhead. National Marine Fisheries Service and other fisheries parties asked for additional analysis of streamflow conditions and groundwater'surface water interaction before the city finalizes CEQA findings.

The Planning Department told the board it supports recirculating a portion of the FEIR to respond to the National Marine Fisheries Service letter and said its groundwater/conceptual analysis was prepared by qualified experts. The San Francisco Public Utilities Commission (SFPUC) said the project was designed to avoid harm to steelhead and that project operations had been coordinated in watershed forums for years; SFPUC also said it supports the targeted recirculation to make sure federal concerns are addressed.

Board action: Supervisor Mark Peskin moved to reverse the FEIR certification and to direct findings requiring additional analysis of operational impacts on steelhead in the lower watershed, plus an independent peer review of the groundwater/surface-water interaction model. The motion passed unanimously (11-0). The board tabled any affirmation of the FEIR and instructed staff to return with written findings and to recirculate the FEIR sections identified in the motion.

What the board asked for: The board's direction requires planning and the SFPUC to (1) recirculate the draft EIR limited to the issues raised by the National Marine Fisheries Service regarding steelhead migration and groundwater'surface-water interactions; (2) undertake or procure an independent third-party technical peer review of the hydrogeologic model and methodology; and (3) consult with federal and state fisheries agencies and watershed stakeholders while preparing the revised analysis.

Context and next steps: Speakers supporting the appeal included ACWD, the Alameda Creek Alliance and the Bay Area Water Supply & Conservation Agency (BOSCA). BOSCA representatives told the board they support the project'but urged collaborative technical work to resolve remaining disagreements. The recirculation is expected to add time to the schedule; the board emphasized the need to get the technical analysis right before final certification to avoid later regulatory or litigation risk. The matter will return to the board after the recirculated analysis is complete.

Speakers: Robert Shaver, general manager, Alameda County Water District; Chris Kern, planning department staff; Ellen Levin, SFPUC deputy manager for water; Tom Elson, groundwater consultant; Jeff Miller, Alameda Creek Alliance; Tom Francis, Bay Area Water Supply & Conservation Agency.