California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2 - Appropriation of Water › Article 23.5 - Scott River and Shasta River Watersheds Drought Emergency Requirements › Section 875.1 - Non-Consumptive Uses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Diversion and use described in this section under any valid basis of right may
				  continue after issuance of a curtailment order under this article without
				  further approval from the Deputy Director, subject to the conditions set forth
				  in this section. Any diverter wishing to continue diversion under this
				  subdivision must submit to the Deputy Director a certification which describes
				  the non-consumptive use and explains, with supporting evidence, how the
				  diversion and use do not decrease downstream flows in the applicable watershed.
				  The Deputy Director may request additional information or disapprove any
				  certification if the information provided is insufficient to support the
				  statement or if more convincing evidence contradicts the claims. If a
				  certification submitted pursuant to this section is disapproved, the diversions
				  are subject to any curtailment order issued for that right. Exceptions to
				  curtailment under this section apply to:
(1)
				  Direct surface diversions solely for hydropower if discharges are returned to
				  the stream from which they are withdrawn, and water is not held in
				  storage.
(2) Direct surface water
				  or groundwater diversions dedicated to instream uses for the benefit of fish
				  and wildlife pursuant to Water Code section
				  1707, including
				  those diversions that divert water to a different location for subsequent
				  release. This subdivision only applies where the location of release is
				  hydraulically connected to the basin or watershed from which it was
				  withdrawn.
(3) Direct surface water
				  or groundwater diversions where the Deputy Director, the California Department
				  of Fish and Wildlife, and the Executive Officer of the North Coast Regional
				  Water Quality Control Board have approved a substitution of releases of either
				  stored water or groundwater into the Scott River or Shasta River or a tributary
				  thereof for the benefit of fish and wildlife such that there is not anticipated
				  to be a measurable net decrease in stream flow as a result of the diversion at
				  the confluence of the tributary with the mainstem of the Scott River or Shasta
				  River, or the next downstream United States Geological Survey gage, as
				  applicable. The release of water does not have to be conducted by the owner of
				  the water right proposed for the continued diversions, provided an agreement
				  between the water right holder and the entity releasing the water is included
				  in the proposal. The party proposing the substitution of releases shall provide
				  documentation supporting no measurable decrease in stream flow is anticipated
				  as a result of the release of water. The Deputy Director may require reporting
				  and monitoring as part of any approval.
(4) Other direct diversions solely for
				  non-consumptive uses upon a demonstration that the diversion and use do not
				  decrease downstream flow.