Local Cooperative Solutions (LCSs) under Scott-Shasta Drought Emergency Regulation

The Drought Emergency Regulation for the Scott River and Shasta River watersheds (Drought Emergency Regulation) provides for local cooperative solutions or LCSs in lieu of curtailments. LCSs provide water rights holders with an opportunity to propose alternatives to curtailments under the Drought Emergency Regulation. LCSs must be approved by the State Water Board prior to implementation. Additional information related to LCSs is available:

• Background on Local Cooperative Solutions
• Guidance Documents
• List of Local Cooperative Solutions (by watershed)
• Contacts

BACKGROUND ON LOCAL COOPERATIVE SOLUTIONS
Subdivision (f) of Section 875 of the Drought Emergency Regulation allows for individuals or groups to develop Local Cooperative Solutions (LCSs) that provide fisheries benefits, flow contributions, or specific and trackable water savings, instead of curtailment. The implementation of the plans that are developed as part of an LCS are monitored by a Cooperating Entity through a binding agreement with the individuals or groups proposing the LCS. The California Department of Fish and Wildlife (CDFW), National Marine Fisheries Service (NMFS), Scott River and Shasta River Watermaster Service (SSWM), nonprofit organization with expertise and experience in water-saving transactions, or a similar qualified entity may act as the Cooperating Entity.  The individuals covered by an LCS must enter into a binding agreement with the Cooperating Entity for their LCS to be approved by the Deputy Director of the Division of Water Rights.
An LCS can take many forms:

• Watershed-wide cooperative solutions, CCR 875(f)(4)(A), are solutions that include all diverters in the Scott River or Shasta River watersheds and provide sufficient assurance that the drought emergency minimum flows will be met.
• Tributary-wide cooperative solutions, CCR 875(f)(4)(B), are solutions entered into by diverters in a specific tributary to the Scott River or Shasta River.  There are two goals these LCSs can have:
• (1) allows diverters on a tributary to work together to ensure that their tributary’s pro-rata share of the drought emergency minimum flows reach the mainstem; or
• (2) allows for diverters on a tributary to work together to provide a specific fishery benefit, and CDFW finds that the in-tributary benefits for anadromous fish are equal to or greater than the anticipated contribution to protections provided by the drought emergency minimum flows.
• Individual cooperative solutions, CCR 875(f)(4)(C, may be approved in the absence of an approved tributary-wide or watershed-wide LCS. An individual cooperative solution can take two forms:
  • A binding agreement between a water user or water users and a Cooperating Entity that specifies a timeframe during which the water users shall cease diversion and includes a certification that the diversion under a specified water right(s) has ceased.
  • A binding agreement between an individual diverter or sub-tributary-wide group of diverters and CDFW or NMFS to perform actions for the benefit of anadromous salmonids, and CDFW makes a recommendation for exemption from curtailment based on an assessment that the benefits of these actions in a specific time period are equal to or greater than the protections provided by their contribution to flow over the same specified time period.
• Overlying or adjudicated groundwater solutions, CCR 875 (f)(4)(d), for individuals, groundwater basins or sub basins may be approved so long as the groundwater LCS covers at least 400 irrigated acres – individuals or groups with fewer than 400 acres are encouraged to join an existing LCS and may  contact State Water Board staff (see Contact information section), work with a Cooperating Entity, or contact others in the community to discuss how to reach this 400 acre requirement. More information on how to develop an approvable overlying or adjudicated groundwater LCS for the Scott River watershed can be found in the guidance document. The process for the Shasta River watershed is the same, however different water reduction amounts and time frames are required as indicated below.
  • Scott River Watershed: A net reduction of 30% throughout the irrigation season (April 1 – October 31) as compared to the prior irrigation season, and a monthly reduction of 30% between July 1 through October 31, as compared to the prior year (2021) or 2020.
  • Shasta River Watershed: A net reduction of 15% through the irrigation season (March 1 – November 1) as compared to the prior irrigation season, and a monthly reduction of 15% between June 1 through September 30 as compared to the prior year (2021) or to 2020.

GUIDANCE ON LOCAL COOPERATIVE SOLUTIONS

• Guidance on Groundwater Reduction Local Cooperative Solution for the Scott River Watershed

LIST OF LOCAL COOPERATIVE SOLUTION PROPOSALS (BY WATERSHED)