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Russian River Frost Protection

frost protection regulation

On September 20, 2011 the State Water Board adopted the proposed Frost Protection Regulation for the Russian River watershed. The regulation provides that, with the exception of diversions upstream of Warm Springs Dam in Sonoma County or Coyote Dam in Mendocino County, any diversion of water from the Russian River stream system, including the pumping of hydraulically connected groundwater, for purposes of frost protection from March 15 through May 15, shall be diverted in accordance with a board-approved Water Demand Management Program (WDMP). The diversion of water in violation of this regulation would be an unreasonable method of diversion and use and a violation of Water Code section 100. The regulation requires any WDMP to manage the instantaneous demand on the Russian River stream system during frost events to prevent stranding mortality.

Update - on February 2, 2012, the Mendocino County Superior Court issued an order temporarily staying enforcement of California Code of Regulation, title 23, section 862, the Russian River Frost Protection Regulation (Regulation). It should be noted that the court’s stay order is not a decision on the merits of the challenges to the Regulation. While the State Water Board pursues resolution of these challenges, State Water Board staff will continue to assist diverters in voluntarily implementing the “phased approach” outlined in State Water Board Resolution No. 2011-0047. This phased approach is not a requirement of the Regulation itself and, provided the Regulation is ultimately upheld, the court’s temporary stay of enforcement of the Regulation does not obligate the Board to reconsider or revise the dates specified in Resolution No. 2011-0047 for phasing in full implementation of the Regulation. State Water Board staff will work with any grower in the Russian River watershed that continues to make good-faith voluntary efforts to comply with the Regulation by developing and implementing a Water Demand Management Program (WDMP).

Water Demand Management Programs (WDMP)

The Water Demand Management Program (WDMP) should be administered by an individual or governing body capable of ensuring that the goals of the program will be met. In addition, the WDMP is required to include the following: (1) an inventory of the frost diversion systems within the area subject to the program, (2) a stream stage monitoring program, (3) an assessment of the potential risk of stranding mortality due to frost diversions, (4) development and implementation of a corrective action plan if necessary to prevent stranding mortality, and (5) annual reporting of program data, activities, and results.

Initial WDMP

Resolution No. 2011-0047, by which the Board adopted the Regulation, allows for phased-in implementation of the Regulation and specifies that an acceptable initial WDMP must include a schedule for completing the frost inventory, developing and implementing a stream stage-monitoring program, and conducting a risk assessment. The State Water Board will not accept initial WDMPs without an adequate schedule. An acceptable schedule should identify milestone dates for: collection of required inventory information; a determination of the number, type, and location of stream gages; a determination of the stream stage that should be maintained at each gage; installation of stream gages; and conducting a risk assessment of cumulative frost diversions affecting stream stage. In order to provide further assistance in the development of WDMPs, some of the initial WDMPs and the State Water Board’s responses have been posted below:

Temporary Russian River Stream Stage Gages Owned by the State Water Board

The State Water Board currently owns and maintains water level sensors within Sonoma and Mendocino County to assist in our Frost Protection Regulation Program. The public may now access the real-time provisional data by clicking the respective links and navigating to the interested area. Please note that the sensors, like any continuously operating equipment, are subject to maintenance and may be inoperable for a short period of time.

The real-time provisional data provided here is for informational use only. The State Water Board is not responsible for the accuracy of any data shown.

The following links and passwords provide public access to our provisional data.

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