State Water Board Drought Year Water Actions

Curtailment of Diversions due to Insufficient Flow for Specific Fisheries

The State Water Board has adopted emergency regulations that require curtailments on water diversions if minimum flows in three Sacramento River tributaries are not met. The emergency regulations establish drought emergency minimum flow requirements for the protection of specific runs of federal- and state-listed anadromous fish in Mill Creek, Deer Creek and Antelope Creek, and are a first step towards potential curtailments in those creeks. The regulations provide the State Water Board with a more streamlined process to curtail diversions of water to prevent unreasonable diversion or use of water such that appropriate minimum amounts of water are available for: (1) senior water right users; (2) public trust needs for minimum flows for migration of State and federally listed anadromous fish; and (3) minimum health and safety needs.

• Mill, Deer, and Antelope Creek Curtailment Information

2015 Emergency Regulation for Insufficient Flow for Specific Fisheries in Mill, Deer and Antelope Creeks

Please refer to the following documents for detailed information on the 2015 Emergency Regulations for Insufficient Flow for Specific Fisheries in Mill, Deer and Antelope Creeks:

• April 22, 2015 - Memorandum from State Water Board Executive Director to Members of the State Water Board regarding National Marine Fisheries Service and California Department of Fish and Wildlife Voluntary Drought Agreements on Mill Creek
• April 17, 2015 - Memorandum from State Water Board Executive Director to Members of the State Water Board regarding National Marine Fisheries Service and California Department of Fish and Wildlife Voluntary Drought Agreements on Deer Creek
• Office of Administrative Law (OAL) Notice of Approval of Emergency Regulation, Form 400, and text of Emergency Regulation (OAL file number 2015-0320-06-EE) - March 30, 2015
• OAL Comment Letters - March 25, 2015
  • Peter Harman on behalf of Stanford Vina Ranch Irrigation and Jim Edwards
  • Rumiano Farms
• Submittal to Office of Administrative Law - March 20, 2015
  • Form 400 with copy of adopted regulatory text with references and authorities
  • State Water Board Resolution No. 2015-0014 adopting the regulation
  • Adopted regulation and informational materials (digest), dated March 12, 2015
  • March 13, 2014 Notice of the Proposed Emergency Rulemaking
  • Form 399 and fiscal analysis
• Comment Letters received on State Water Board Agenda Item No. 8 Consideration of a proposed Resolution to update and readopt a drought-related emergency regulation for curtailment of diversions due to insufficient flow for specific fisheries.

2014 Emergency Regulation for Insufficient Flow for Specific Fisheries in Mill, Deer and Antelope Creeks

Please refer to the following documents for detailed information on the 2014 Emergency Regulation for Insufficient Flow for Specific Fisheries in Mill, Deer and Antelope Creeks:

• June 4, 2014 – Memorandum from Executive Director, to Members of the Board regarding National Marine Fisheries Service and California Department of Fish and Wildlife Voluntary Drought Agreement on Deer Creek
• June 4, 2014 – Memorandum from Executive Director, to Members of the Board regarding National Marine Fisheries Service and California Department of Fish and Wildlife Voluntary Drought Agreement on Mill Creek
• June 4, 2014 – Updated - Memorandum from Executive Director, to Members of the Board regarding National Marine Fisheries Service and California Department of Fish and Wildlife Voluntary Drought Agreement on Antelope Creek
• OAL's Notice of Approval of Emergency Regulation, Form 400, and text of Emergency Regulation (OAL file number 2014-0523-05E)
• National Marine Fisheries Service and California Department of Fish and Game Voluntary Drought Agreement on Antelope Creek
  • Memo from Executive Director to Members of the Board - May 30, 2014
• Office of Administrative Law Comment Letters - May 28, 2014
  1. Rob Burt
     • Submittal #1
     • Submittal #2 (submitted by Dustin C. Cooper on behalf of Rob Burt)
  2. Tony Francois on behalf of Pacific Legal Foundation
  3. Peter Harman on behalf of Stanford Vina Ranch Irrigation Company
  4. Dustin C. Cooper (Minasian, Meith, Soares, Sexton & Cooper, LLP) on behalf of Los Molinos Mutual Water Company (LMMWC)
     • Attachment #1: CESA Memorandum of Understanding between LMMWC and CDFW for Antelope Creek
     • Attachment #2: CESA Memorandum of Understanding between LMMWC and CDFW for Mill Creek
     • Attachment #3: May 19, 2014 LMMWC Comment Letter to State Water Board
     • Attachment #4: Mill Creek Voluntary Drought Agreement between NMFS and LMMWC
     • Attachment #5: Draft Memorandum of Agreement for the Implementation of a Long-Term Cooperative Management Plan for Mill Creek
     • Attachment #6: Mill Creek Voluntary Drought Agreement Signature Page
  5. Candace and John Owens
     • Submittal #1
     • Submittal #2 (submitted by Dustin C. Cooper on behalf of Candance and John Owens)
  6. Wally Redamonti
     • Submittal #1
     • Submittal #2
     • Submittal #3
  7. Jack Rice on behalf of California Farm Bureau Federation and Michael Vasey on behalf of Tehama County Farm Bureau
  8. Ruminao Farms
  9. Jeanne Zolezzi on behalf of Farmland Management Services
  
  
• Submittal to Office of Administrative Law - May 23, 2014
  1. Form 400 with copy of the adopted regulatory text with reference and authorities
  2. State Water Board Resolution No. 2014-0023 adopting the proposed regulation
  3. The adopted regulation and informational materials, dated May 22, 2014
  4. May 13, 2014 Notice of the Proposed Emergency Rulemaking
  5. The original proposed regulation and informational materials sent with the notice dated May 13, 2014
  6. A copy of Form 399 and fiscal analysis