NOTICE: State Water Board soliciting public comment on proposed emergency regulation for Mill and Deer Creeks

From the State Water Board:

With water supplies in the Mill Creek and Deer Creek watersheds at extremely low levels due to drought and climate change, the State Water Resources Control Board (State Water Board) today released a Notice of Opportunity for Comment on the draft of an emergency curtailment regulation to protect threatened fish species in these watersheds.

The draft regulation is open for written comment from the public until 12pm on Wednesday, September 8. Members of the public may submit these comments via email to .

Board staff will review comments, make appropriate changes, and release a revised proposed regulation for consideration by the board at its meeting on Wednesday, September 22. Members of the public may also provide verbal comment during that meeting.

More information about the regulation and drought response in the Mill Creek and Deer Creek watersheds can be found on the board’s website.


On May 10, Gov. Gavin Newsom expanded an earlier drought proclamation to cover the Sacramento-San Joaquin Delta watershed, which contains the Mill Creek and Deer Creek watersheds. The proclamation was further expanded July 8 to cover 50 of the state’s 58 counties and urged Californians to voluntarily reduce their water use by 15 percent. As part of the proclamation, the governor directed the State Water Board to “evaluate minimum instream flows and other actions needed to protect salmon, steelhead, and other native fishes in critical stream systems in the State and work with water users and other parties on voluntary measures to implement those actions. To the extent voluntary actions are not sufficient, the Water Board, in coordination with the Department of Fish and Wildlife, shall consider emergency regulations to establish minimum drought instream flows.”

Board staff has drafted the emergency regulation to urgently address ongoing acute water supply shortfalls in the Mill Creek and Deer Creek watersheds to protect endangered fish species and preserve water supplies for human health and environment.

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