From the State Water Board:
MAVEN NOTE: Term 91 is a provision included in many water permits issued by the State Water Resources Control Board that restricts specified post-1965 permittees from diverting water released by the SWP and the CVP into the Delta when natural and abandoned flows are insufficient to meet water quality standards and the water projects are supplementing flows with previously stored water to meet those standards.
The primary intent of the provision is to ensure that water from the water projects that is being released to meet water quality standards is not diverted for other uses, thereby allowing the water to flow through the Delta to improve water quality.
Term 91 is designed to share the responsibility with specified junior diverters, as without Term 91 conditions, those diverters could take the water being released to meet standards, thereby forcing the Projects to release more water in order to satisfy their obligations to meet water quality standards.
Today, June 1, 2018, the State Water Resources Control Board (State Water Board) issued curtailment notices to holders of 81 permits and licenses in the Sacramento-San Joaquin watershed and Delta with Term 91 as a condition. The State Water Board has been monitoring flow conditions in the Sacramento-San Joaquin watershed and Delta and determined the following two conditions which trigger curtailment under Term 91 have occurred: (1) Supplemental Project Water is being released in the Sacramento-San Joaquin Delta Watershed, and (2) the Delta is in Balanced Condition.
The Term 91 curtailment notice can be viewed at: https://www.waterboards.ca.gov/water_issues/programs/delta_watermaster/term91.html
A graph showing additional information on the Term 91 curtailment can be viewed here:
https://www.waterboards.ca.gov/waterrights/water_issues/programs/bay_delta/docs/term91graph.pdfCompliance Certification Required:
Curtailed Term 91 diverters should document receipt of the curtailment notice by completing the Curtailment Certification Survey (Survey) within seven (7) days of receipt of the notice. The web address for the Survey is https://public.waterboards.ca.gov/WRInfo/
The Survey confirms cessation of diversion under the specific water right (listed above) that includes Term 91, or, if applicable, either (i) identifies the alternative water supply to be used in lieu of the curtailed water right, or (ii) claims there is no hydraulic continuity between the surface water at the authorized point of diversion and the surface water in the Sacramento-San Joaquin Delta.
No later than 30 days after issuance of this notice, any interested person may petition the State Water Board for reconsideration in accordance with Water Code section 1122 and sections 768 through 770 of the State Water Board’s regulations. (Cal Code Regs., tit. 23, §§ 768-770.)
This condition of curtailment for holders of permits and licenses in the Sacramento-San Joaquin watershed and Delta with Term 91 will continue until water conditions improve. Please monitor your email and State Water Board Office of the Delta Watermaster website for further updates on when diversions are authorized and when curtailments are in place. If an email list notice is issued on the weekend, the website will not be updated until the following Monday due to service limitations.
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