To clarify this point, the first full bullet point on page 3-37 of the Draft EIR is revised to read as follows:
As stated on page 4.O-6 of the Draft EIR, OID maintains its pre-1914 senior water rights on the Stanislaus River that allow it to divert up to 257,074 AFY without restrictions before other water users downstream of its diversion at Goodwin Dam. As stated on page 4.O-7 of the Draft EIR, OID prepared a Water Resources Plan (WRP) that approved transfers of up to 50,000 AFY for firm water transfers. Shortly after approval of the WRP, OID transferred up to 41,000 AFY of water from OID’s system to MID’s system to be delivered to customers outside OID’s service area. OID’s diversion from the Stanislaus River will not be limited, except under extreme drought conditions when the SWRCB could curtail diversions for non-municipal uses. Therefore, it is possible that OID water diversions could be cut back or curtailed in the event of severe drought. The current drought conditions are a good illustration of the curtailments being imposed by the SWRCB on various types of water rights holders/water users. However, so far pre-1914 water right holders have not been curtailed, but have been put on notice of possible curtailment. At the same time, OID has sufficient supply rights, and history of use coupled with a record of actual water transfers, to be able to offer Brisbane a transfer of 2.14 mgd that will be available for transfer every year.
The availability of OID’s supply for transfer is different from the delivery reliability. While OID’s supply may be 100 percent available for transfer to Brisbane every year, this does not mean that it is 100 percent deliverable every year or that water would be delivered on a daily basis. Delivery reliability is discussed in the next section.
The annual delivery reliability for the OID transfer water could be affected by several factors along the transfer route. To review the route of and steps in the water transfer: surface water diverted by OID under its water right from the Stanislaus River would be delivered to MID for use within the MID service area. In return, MID would reduce the amount of water it diverts that year from storage in Don Pedro Reservoir for use within its service area by an equivalent amount. MID would then exchange on paper the same amount of water it received from OID to the SFPUC. The SFPUC would divert additional water from its Hetch Hetchy Reservoir on the Tuolumne River system for conveyance through its regional water system to the Bay Area for