2.
Response
to
Comment
2.4
Master
Responses
to
Comments
transfers,
which
are
shorter
term,
give
OID
added
flexibility
to
maximize
the
continual
beneficial
use
of
its
surface
water
rights
by
entering
into
some
transfers
in
the
near
term
while
reserving
control
of
adequate
supply
to
meet
evolving
future
local
needs
for
additional
supply.
In
accordance
with
its
adopted
WRP,
on
top
of
the
41,000
AFY
now
available
for
transfer,
OID
will
make
additional
water
available
for
transfer
by
increasing
water
conservation
within
its
district
through
improvements
to
its
in-district
water
delivery
system.
In
addition,
pending
land
use
changes
within
the
district
(from
pasture
to
orchard
and
from
agricultural
to
residential/urban
uses)
will
result
in
some
reductions
in
water
use
within
the
district.
As
a
result,
water
that
is
currently
and
has
historically
been
diverted
from
the
Stanislaus
River
and
used
within
the
district
will
be
available
for
transfer
without
increasing
diversions
from
the
Stanislaus
River.
The
2,400
AFY
of
water
that
OID
would
transfer
to
Brisbane
as
part
of
Project
Site
development
is
water
that
previously
has
been
transferred
to
another
entity
outside
the
district
12
;
no
new
diversions
from
the
Stanislaus
River
would
occur
and
no
impact
on
the
river
or
its
resources
(i.e.,
water
resources,
water
quality,
biological
resources,
aesthetic
resources,
or
recreation
resources)
would
occur
as
a
result
of
the
proposed
transfer
(OID,
2007).
Similarly,
transfer
of
this
water
would
not
result
in
harm
to
other
downstream
water
users.
This
transfer
would
represent
some
of
the
41,000
AFY
of
water
that
OID
has
previously
transferred
to
other
entities
outside
the
district
and
would
not
involve
increased
diversion
from
the
Stanislaus
River;
in
essence,
no
physical
change
to
the
river
or
water
resources
within
and
downstream
of
the
district
would
result
from
the
transfer
(OID,
2007).
Effects
on
MID
and
SFPUC
Supplies,
System
Operations,
and
Customer
Deliveries
Brisbane
would
negotiate
agreements
with
MID
and
the
SFPUC
to
wheel
the
OID
transfer
water
through
the
MID
and
SFPUC
systems.
These
“water
wheeling”
agreements
would
be
developed
in
accordance
with
provisions
of
the
California
Water
Code,
which
requires
a
public
agency
to
allow
others
to
use
its
available
conveyance
capacity
to
implement
a
water
transfer
but
does
not
require
that
agency
to
change
or
adversely
affect
its
operations
or
customer
deliveries.
Specifically,
Water
Code
Section
1810
provides
“neither
the
State,
nor
any
regional
or
local
public
agency
may
deny
a
bona
fide
transferor
of
water
the
use
of
a
water
conveyance
facility
which
has
unused
capacity,
for
the
period
of
time
for
which
that
capacity
is
available,
if
fair
compensation
is
paid
for
that
use.”
Fair
compensation
is
“the
reasonable
charges
incurred
by
the
owner
of
the
conveyance
system,
including
capital,
operation,
maintenance,
and
replacement
costs,
increased
costs
from
any
necessitated
purchase
of
supplemental
power,
and
including
reasonable
credit
for
any
offsetting
benefits
for
the
use
of
the
conveyance
system.”
Section
1
810
of
the
Water
Code
also
requires
that
“use
of
a
water
conveyance
facility
be
made
without
injuring
any
legal
user
of
water
and
without
unreasonably
affecting
fish,
wildlife,
or
other
in-stream
beneficial
uses
and
without
unreasonably
affecting
the
overall
economy
or
the
environment
of
the
county
from
which
the
water
is
being
transferred.”
12
OID
provided
water
to
the
South
San
Joaquin
Irrigation
District
for
the
12-year
Vernalis
Adaptive
Management
Program,
which
was
recently
completed.
Also,
OID
has
made
various
other
short-term
transfers
that
have
ended.
Brisbane
Baylands
Final
EIR
2.4-84
May
2015