The State Water Resources Control Board (State Water Board) has issued a draft order denying the petitions for reconsideration of the Executive Director’s January 31, 2014 order approving the Temporary Urgency Change Petitions and their subsequent modifications to the water right license and permits for the State Water Project and the Central Valley Project.
The Executive Director’s order temporarily modified Delta flow and water quality requirements to address critically dry conditions, and was subsequently modified several times to extend and change the conditions of the order, eventually renewing the TUCP order to now expire on January 27, 2015. Those filing protests and petitions for reconsideration include the San Luis & Delta-Mendota Water Authority, the San Joaquin River Exhcange Contractors Authority as well as several other Central Valley irrigation districts; the NRDC, The Bay Institute, California Sportfishing Protection Alliance, AquAlliance, and the California Water Impact Network (C-WIN).
The draft order states that the State Water Board has concluded that the Executive Director’s January 31, 2014 order and subsequent modifications were “consistent with applicable law and supported by substantial evidence,” and so accordingly, the petitions to reconsider are denied. However, the Board did find that some modifications were appropriate to ensure better planning and coordination for the remainder of the drought. Those modifications include requiring earlier reporting of actual operations and ensuring that the information is made available to the fisheries agencies, the State Water Board and the public so the effects of real-time operations on fish and wildlife as well as other beneficial uses of water can be better understood by all interested parties. The modifications also require preparation of a drought contingency plan and advanced planning and consideration for winter-run Chinook salmon.
The draft order is here: Proposed Order on Petitions for Reconsideration and Objections to January 31, 2014 (including modifications) Order on Delta Temporary Urgency Changes
The State Water Board will consider adoption of the order at its September 23-24 meeting. An agenda for the meeting will be issued later this month. Written comments on the draft order must be submitted by noon on Tuesday, September 16, 2014. For more information on commenting: Proposed Order on Petitions for Reconsideration and Objections to January 31, 2014 (including modifications) Order on Delta Temporary Urgency Changes
For more on the Temprorary Urgency Change Petitions, go here: State Water Board Drought Year Water Actions
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