NOTICE of immediate curtailment under standard water right Term 91

From the State Water Resources Control Board:

This notice is intended for water right holders whose Permit or License contains Standard Water Right Term 91 (Term 91). Holders of water rights containing Term 91 (Term 91 water right holders) are prohibited from diverting water within the Sacramento-San Joaquin River Delta (Delta) watershed under such rights when (i) the Delta is in “Balanced Condition” and (ii) Supplemental Project Water (SPW) releases are being made by the Central Valley Project (CVP) or State Water Project (collectively Projects).

The State Water Resources Control Board (State Water Board), Division of Water Rights (Division) has determined that the Delta is in “Balanced Condition” and SPW releases are being made by the Projects.

With this notice, the State Water Board is invoking Term 91 and ordering Term 91 water right holders to immediately stop diverting water under affected water rights. This condition of curtailment will continue until water conditions improve. Even if there is water physically available at a point of diversion, that water is necessary to meet senior
water right holders’ needs or water quality objectives, or is water released from storage, that Term 91 water right holders are not entitled to divert under affected water rights.  Term 91 water right holders should not commence diversion under the affected water rights before being notified by the State Water Board that water is legally available for diversion under their priority of right.

Term 91 notice July 2

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