Draft Letter Agreed By FRRPD To FERC.pdf

The relicensing of the Oroville Dam, which started in 2005, is not working, with the California Department of Water Resources (DWR) operating the dam under repeated one-year licenses without long-term limits and responsibilities. The Settlement Agreement, part of the proposed new license, is outdated and was not negotiated fairly, with terms that do not reflect equitable compensation to the community. The agreement's governance for recreation development is less satisfactory than previous governance, and its implementation may hinder future growth in recreation.

The community is requesting the Federal Energy Regulatory Commission (FERC) to require good faith renegotiation of the Settlement Agreement before issuing any new license. The renegotiation should result in:
1. An updated recreation plan based on current conditions;
2. Functional arrangements for joint control of recreation, reflecting the interests of the DWR and the local community;
3. A reconsideration of costs incurred by local organizations and citizens, based on an independent study of these costs and the balance between the adverse and positive effects of the dam on recreation.

The community is concerned about safety issues, which were not addressed in the relicensing process, and the lack of functional integration of the interests of the DWR and the community in the development of recreation facilities. The Oroville Recreation Advisory Commission (ORAC) has failed, and the Settlement Agreement removes any power that non-DWR members had over recreation in the area under FERC's jurisdiction.

Renegotiation of the Settlement Agreement should take into account the financial implications of events since 2006, including the spillway incident in 2017, which resulted in significant costs to the public and local businesses. Any new license should provide for reimbursement of such costs if caused by the DWR's failure to maintain the dam facilities properly or comply with regulations. Payments or compensation to the community for hosting the dam should take inflation into account, and an independent study of the annual costs and benefits of the dam to local agencies should be completed as part of the renegotiation.