NOTICE OF OPPORTUNITY to Respond to Petitions for Reconsideration of the Water Quality Certification for the Yuba River Development Project

From the State Water Resources Control Board:

The State Water Resources Control Board has received timely petitions for reconsideration (Petitions) of its water quality certification (certification) for the Yuba River Development Project (Project), from the following parties (collectively, Petitioners):

1. Yuba County Water Agency (YCWA);
2. California Department of Fish and Wildlife; and
3. California Sportfishing Protection Alliance, Friends of the River, Sierra Club Mother Lode Chapter, Trout Unlimited, and South Yuba River Citizens League.

The Petitions were filed pursuant to California Code of Regulations, title 23, section 3867.

BACKGROUND

The Project, which is owned and operated by YCWA, is undergoing relicensing before the Federal Energy Regulatory Commission (Commission). On July 17, 2020, the State Water Board’s Executive Director issued a certification for the Project, pursuant to section 401 of the Clean Water Act (33 U.S.C. § 1341), and included a term that delayed reconsideration in light of a Commission order finding that the State Water Board had waived its certification authority. On August 14, 2020, YCWA filed a premature petition for reconsideration of the certification for the Project. On December 15, 2020, the State Water Board amended the certification to allow the reconsideration process to move forward. Within 30 days of the certification amendment, the State Water Board received the above listed Petitions, which include an amended petition from YCWA. The Petitions are available as described in the Availability of Documents section in the notice below.

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