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 24 - Curtailment of Diversions Due to Drought Emergency › Section 878.4 - Local Cooperative Solutions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the National Marine Fisheries Service and the California
					 Department of Fish and Wildlife enter into an agreement with a diverter or
					 diverters, that the National Marine Fisheries Service or the California
					 Department of Fish and Wildlife determines provides watershed-wide protection
					 for the fishery that is comparable to or greater than that provided by section
					 876.5, the diverter or diverters
					 may request approval from the Deputy Director to implement the agreement in
					 place of State Board-issued curtailment orders under section
					 876.5. The Deputy Director shall
					 approve the request so long as other users of water will not be injured.
The Deputy Director's approval may be subject to any
					 conditions, including reporting requirements, that the Deputy Director
					 determines to be appropriate to assure that no other users of water will be
					 injured and that the flows in the agreements will occur. If the Deputy Director
					 does not act on a request within one week of receipt, the request will be
					 deemed approved.
Other local cooperative solutions may also be proposed to
					 the Deputy Director as an alternative means of reducing water use to preserve
					 drought emergency minimum flows. Requests to implement voluntary agreements to
					 coordinate diversions or share water in place of State Water Board-issued
					 curtailment orders under this article may be submitted to the Deputy Director
					 at any time. The Deputy Director may approve a request, or approve it subject
					 to any conditions including reporting requirements that the Deputy Director
					 determines to be appropriate, if the Deputy Director determines:
(a) The continued diversion is
				  reasonable;
(b) That other users of
				  water will not be injured; and
(c)
				  That the relevant minimum flows identified in this article will be met.
If a local solution is already in place at the time a
					 curtailment order is issued, a diverter subject to a curtailment order must,
					 within five days of issuance of the curtailment order, submit a petition to the
					 Deputy Director and submit a certification under penalty of perjury that a
					 petition has been filed as authorized under this section, the diversion will be
					 authorized if the petition is approved, the subject water right authorizes the
					 diversion in the absence of a curtailment order, and that diversion and use
					 will comply with the conditions for approval of the petition, except that
					 approval by other authorities may still be pending.
Diversions covered by an agreement approved by the Deputy
					 Director to coordinate diversions or share water pursuant to this section are
					 subject to this article and violations of such an approved agreement shall be
					 subject to enforcement as a violation of this article. Notice of petitions and
					 decisions under this section will be posted as soon as practicable on the State
					 Board's drought webpage. The Deputy Director may issue a decision under this
					 article prior to providing notice. Any interested person may file an objection
					 to the certification, petition or decision. The objection shall indicate the
					 manner of service upon the certifier or petitioner. The State Board will
					 consider any objection, and may hold a hearing thereon, after notice to all
					 interested persons.
1. New
					 section filed 10-4-2021 as an emergency; operative 10-4-2021 (Register 2021,
					 No. 41). The finding of emergency was exempt from OAL review pursuant to Water
					 Code section
					 1058.5(b).
					 Pursuant to Water Code section
					 1058.5(c),
					 a Certificate of Compliance must be transmitted to OAL by 10-3-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Refiling of 10-4-2021 emergency on 9-21-2022 as an
					 emergency; operative 9-21-2022 (Register 2022, No. 38). The finding of
					 emergency was exempt from OAL review pursuant to Water Code section
					 1058.5(b).
					 Pursuant to Water Code section
					 1058.5(c),
					 a Certificate of Compliance must be transmitted to OAL by 9-20-2023 or
					 emergency language will be repealed by operation of law on the following
					 day.
Note: Authority cited: Sections
						1058 and
						1058.5, Water
						Code. Reference: Sections
						109,
						1010,
						1011,
						1011.5 and
						1051.5, Water
						Code; and City of Barstow v. Mojave Water Agency (2000) 23 Cal.4th 1224.