The Strange Saga of Morro Bay’s Stream Interference Study

by Kari Olsen

Synopsis: Despite the failure of the 2009 Chorro Valley stream interference test, which was invalidated because the stream was dry at the time of testing, the City of Morro Bay has continued to use the consulting firm that performed the 2009 work.  A list of invoices obtained from the Morro Bay City Attorney  appears to indicate that although the 2009 test was a failure, the consulting firm was paid, and was paid again, in 2010, to redo the failed test.  It appears that thus far, Morro Bay taxpayers have paid $60,054.81 for a stream interference test project that was originally supposed to cost $25,000 and that was to have included the writing of a report on the test findings.  No report has been produced to date.

Despite the failure of the 2009 Chorro Valley stream interference test, which was invalidated because the stream was dry at the time of testing, the City of Morro Bay has continued to use the consulting firm that performed the 2009 work.  A list of invoices obtained from the Morro Bay City Attorney appears to indicate that although the 2009 test was a failure, the consulting firm was paid, and was paid again, in 2010, to redo the failed test. 

In June, 2010, the second stream interference test was conducted. This time, creek flow levels were at an acceptable level, but the consultant failed to obtain the necessary permits, arousing the ire of the Department of Fish and Game and local environmental groups. 

According to the consultants’ proposal, signed by Timothy Cleath and Morro Bay Capital Projects Manager Dylan Wade, the objective of the 2009 study was to obtain permission from the State Water Resources Control Board (SWRB) to use City wells in the Chorro Valley when stream flow downstream of the wells is less than 1.4 cubic feet per second.

The scope of work specified in the proposal document included preparation of a testing plan, installation of two flumes on Chorro Creek, monitoring of flow to determine the impact of well pumping on the creek, removal of the flumes, and preparation of a report "documenting results of stream flow interference testing."  The cost to the City was estimated to be about $25,000.

As reported in the May, 2010 SLO Coast Journal article, "Morro Bay Residents Call for More Oversight of City Staff," in the course of the 2009 test, over two million gallons of water were pumped from Chorro Valley wells and dumped in a field.  However, residents questioned how the impact of the well usage on the stream could possibly have been measured, because the stream was completely dry in the area of the test. 

As reported in the Journal, the consultants were found to have violated California State Water Resources Control Board (SWRCB) decision 1633, which states in part, "For the protection of fish and wildlife habitat and other public trust resources in Chorro Creek and Morro Bay, beginning when deliveries are available from the State Water Project Permittee shall:  Cease all diversions from wells 9, 9A, 10, 10A, 12 and 16 or from any wells constructed and operated as replacement wells for the Ashurst well field, whenever surface flow measured in Chorro Creek downstream of the Ashurst well field is less than 1.4 cubic feet per second."

In June, 2010, the stream flow was at an acceptable level, and a second attempt at the stream interference test was in progress when it was interrupted by a visit from a Department of Fish and Game agent, who reportedly informed those present that the consultants and the City had failed to obtain the necessary permits.  At that time, several Morro Bay City officials including Public Services Director Rob Livick, Capital Projects Manager Dylan Wade, and Morro Bay City Attorney Robert Schultz were observed to be present at the test site.  City officials have held that the consultants, not the City, were responsible for obtaining permits.  According to Schultz, "the stream flow study was performed by the City's consultant, Cleath Harris Geologists and they were responsible for obtaining all government approvals." 

On September 4, 2010, Schultz was asked to provide a copy of the consultants’ report on the stream interference study.  However, although the report was listed as a deliverable in the consultants’ 2009 proposal, Schultz responded that, "The City is not in possession of any 'stream flow study report for the most recent stream flow test conducted at Chorro Creek by Cleath Harris Geologists.' In addition, once such a report is received by the City, the document may be exempt from the CPRA pursuant to Government Code Section  6254 (b) (k)." 

Schultz did not explain the government code references, but they refer to documents related to litigation and to evidence.  According to a spokesperson for a local environmental group, the Department of Fish and Game is in the process of filing charges against the consultants.

In response to concerns regarding the delay in producing a report, Schultz said, "The study on the stream flow is ongoing and may take a few years to complete and produce a report."  A request for an explanation regarding the apparent conflict between this statement and the consultants’ original proposal has thus far gone unanswered.

A list of invoices provided by the City indicates that between June 30, 2009 and August 26, 2010 Cleath Harris Geologists have submitted to the City a total of 12 invoices for work related to Chorro Stream flow monitoring and testing.  According to the document, all were paid.  2009 invoices were submitted in the amounts of $920, $21,145.13, $2,553.20, and $676, totaling $25,294.33.  In 2010, there were invoices for $398.25, $818.30, $855.50, $1,624.50, $1,124.00, $6,220.97, $16,907.86, and $6,811.10, totaling $34,760.48.  The grand total of the invoices for 2009 and 2010 is $60,054.81.     

Thus it appears that thus far Morro Bay taxpayers have paid $60,054.81 for a stream interference test project that was originally supposed to cost $25,000 and that was to have included the writing of a report on the test findings.  No report has been produced and now, a report is evidently not expected for "several years," and errors have put the City in danger of being fined by the SWRCB for the 2009 violation. 

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