State Water Board issues final order on the reconsideration of Delta Temporary Urgency Change Petitions (TUCPs)

waterboard_logoThe State Water Resources Control Board has issued the final order adopted by the Board on September 24, 2014, denying petitions for reconsideration and addressing objections to the Executive Director’s January 31, 2014 order and subsequent changes modifying the Delta water quality requirements for the Central Valley Project and the State Water Project.

The order states that ‘the Board finds that the TUCP Order and the subsequent modifications thereto was appropriate and proper, and therefore the petitions for reconsideration should be denied. However, the Board does find that changes to the TUCP Order are merited to improve planning and coordination now and in the future in the event of continued dry conditions in order to ensure the protection of the public interest and the reasonable protection of other beneficial uses of water.’

Those changes include:

•    DWR and Reclamation to report on conserved water under the Order and updates to the water balance earlier, specifically within 20 working days after the first day of the following month;

•    DWR and Reclamation to consult with the State Water Board and fisheries agencies on a weekly basis regarding operational decisions that may affect listed species and other beneficial uses of water, including fall-run Chinook salmon, and to make available to State Water Board and fisheries agency staff the technical information used to make these operational decisions, including planned operations, temperature models, modeling and monitoring information, water quality modeling and monitoring information, and information about potential impacts of operational changes on other water users and to report to the Board monthly at its Board meetings on their drought operations and the information discussed above beginning with the first October Board meeting;

•    DWR and Reclamation to develop a water year 2015 drought contingency plan that identifies planned minimum monthly flow and storage conditions that consider Delta salinity control, fishery protection, and supplies for municipal water users related to projected flow and storage conditions, and any other information that may be requested by the Executive Director or his designee; the plan for the beginning of the water year shall be submitted by October 15, 2014; the plan for the remainder of the water year shall be submitted by January 15, 2015, with updates as needed; and

•    Reclamation to: immediately identify and evaluate all available options for reducing temperature and redd dewatering impacts to winter-run Chinook salmon on the Sacramento River this summer and fall, and immediately make available technical information to evaluate the feasibility of various temperature management options; report monthly to the State Water Board during its Board meetings on actions that have been or will be taken to reduce impacts to winter-run Chinook salmon that considers other fisheries needs, including spring- and fall-run Chinook salmon; prepare by January 15, 2015, a temperature management plan for the Sacramento River for the 2015 winter-run Chinook salmon spawning and rearing period that is regularly updated as conditions warrant; meet weekly with the Sacramento River Temperature Task Group (SRTTG) to discuss operations and options for reducing or avoiding redd dewatering, stranding and temperature impacts to winter-run Chinook salmon; and confer on recommendations from the SRTTG group at RTDOMT meetings and other applicable SWP and CVP operational decision making meetings.

The order states that the above conditions will help to ensure that adequate planning for continued drought conditions is conducted in the near term and that information needed to fully inform future decision-making is developed and made available in a transparent and timely manner.

The discussion section then addresses the specific substantive public interest comments that were received and the responses to those comments.  The discussion section begins on page 13.

Read the order here:  State Water Board order 2014_0029