Instream Flows Policy
Policy for MAINTAINING INSTREAM FLOWS IN NORTHERN CALIFORNIA COASTAL STREAMS
Update: In accordance with the writ of mandate issued by the Alameda County Superior Court, the State Water Resources Control Board (State Water Board) set aside Resolution No. 2010-0021 thereby vacating the Policy for Maintaining Instream Flows in Northern California Coastal Streams (Policy). As provided by the court, the vacated Policy may be treated as a guideline pending completion of additional CEQA documentation to satisfy the court requirements. Applicants may contact Division staff to discuss how this may impact continued processing of pending work items. General questions regarding the additional CEQA documentation may be directed to Division staff at the following email AB2121Policy@waterboards.ca.gov or by calling (916) 327-2414.
On February 22, 2013, the State Water Board circulated additional CEQA documentation, including revised sections 6.2, 6.9, and 7 of the 2008 Substitute Environmental Document (SED), a new Supplement to Appendix D of the 2008 SED, and revised portions of the 2010 Response to Public Comments, Volumes 1 and 2, for public review and comment in accordance with applicable State laws and regulations. The State Water Board will consider re-adoption of the Policy, with revisions, at a regularly scheduled State Water Board meeting on October 22, 2013. The revisions consist of clarifications to existing language and clerical corrections. No significant revisions to the Policy are proposed based on the additional CEQA documentation and comments received. The Notice of Adoption Hearing below includes instructions for submission of comments regarding the revisions to the proposed Policy.
October 2013 Documentation:
- Notice of Adoption Hearing
- Draft Resolution with Attachments
- Draft Revised Policy for Maintaining Instream Flows in Northern California Coastal Streams (revisions noted version) – comments due October 17, 2013
- Response to Comments on the February 2013 CEQA documentation
February 2013 CEQA Documentation:
- Notice of Filing and 45 day Opportunity for Public Comment
- Draft Revised Sections 6.2, 6.9, and 7 and Supplement to Appendix D of the Substitute Environmental Document (February 2013) - comments due April 8, 2013
- Correction: Please note the application number referenced in the 2010 O’Connor Environmental Analysis citation on page 7 of the Supplement to Appendix D should be corrected to A031730. (February 26, 2013)
- Draft Revised Portions of the 2010 Response to Public Comments on the Draft Policy for Maintaining Instream Flows in Northern California Coastal Streams (February 2013)
Instream Flows Policy Documentation
On May 4, 2010, the State Water Board adopted the policy which contains principles and guidelines for maintaining instream flows for the purposes of water right administration. The geographic scope of the policy encompasses coastal streams from the Mattole River to San Francisco and coastal streams entering northern San Pablo Bay and extends to five counties: Marin, Sonoma, and portions of Napa, Mendocino, and Humboldt Counties. Office of Administrative Law approval was received on September 22, 2010. A Notice of Decision was filed with the Secretary for Resources on September 28, 2010.
- Resolution 2012-0058 Setting Aside Resolution No. 2010-0021
- Resolution 2010-0021
- Adopted Policy
- Predecisional Trial Program
- GIS Data Layers Delineating Policy Area Boundaries
- Instream Flows Policy Development
Subscribe to the AB 2121 Instream Flow Guidelines for Northern Coastal Streams email list to receive updates regarding the Proposed North Coast Instream Flows Policy.