From the State Water Board:
On April 21, 2021, Governor Gavin Newsom declared a drought state of emergency in Mendocino and Sonoma counties due to severe drought conditions in the Russian River Watershed (April 2021 Proclamation). As part of the April 2021 Proclamation, the Governor directed the State Water Board to consider adoption of“emergency regulations to curtail water diversions when water is not available at water rights holder’s priority of right or to protect releases of stored water.” The Governor’s April 2021 proclamation also suspended environmental review under the California Environmental Quality Act for certain activities, including the adoption of emergency regulations by the State Water Board pursuant to Water Code section 1058.5.
During the June 15, 2021Board Meeting, State Water Board staff presented the proposed regulations for public comment and adoption by the Board. The Board voted unanimously to adopt the proposed emergency regulation. In general, proposed section 877.1 provides definitions used in the regulation. Proposed Section 877.2 and 877.3establishprocesses for issuing curtailment orders and specify unique curtailment triggers for both the Upper and Lower Russian River watershed. Upper Russian River watershed curtailments would be triggered if Lake Mendocino storage targets are not met and supplemental storage releases are occurring to satisfy in basin uses, while Lower Russian River watershed curtailments would be triggered when flows are insufficient to satisfy all water right demands. Proposed sections878 and878.1 provide for continued diversions for certain non–consumptive uses and minimum human health and safety needs. Proposed section 879details reporting requirements for water right holders that receive a curtailment order.
Government Code section 11346.1, subdivision (a)(2), requires that, at least five working days prior to the submission of a proposed emergency action to the Office of Administrative Law (OAL), the adopting agency must provide a notice of the proposed emergency action to every person who has filed a request for notice of regulatory action with the agency. After the submission of the proposed emergency regulation to OAL, OAL shall allow interested persons five calendar days to submit comments on the proposed emergency regulations as set forth in Government Code section 11349.6. The attached document provides the required notice.
The notice, finding of emergency, informative digest, and fiscal analysis are available at www.waterboards.ca.gov/drought/russian_river
noticeofproposedemergencyrulemaking
