On October 11, 2021, the State Water Resources Control Board, Division of Water Rights (State Water Board) issued Curtailment Orders (Orders) for Mill Creek (WR 2021-0089-DWR) and Deer Creek (WR 2021‑0090-DWR) to all water right holders and claimants in the Mill Creek and Deer Creek watersheds. Under the Orders, effective today, October 15, 2021, the State Water Board is requiring all water right holders and claimants in the Mill Creek and Deer Creek watersheds to cease or reduce their diversions to ensure that the drought minimum flow of 50 cubic feet per second is attained in each creek, respectively.
As described in the Orders, all water right holders and claimants in the Mill Creek and Deer Creek watersheds are subject to curtailment pursuant to California Code of Regulations, title 23, sections 876.5 through 879, and are required to immediately cease or reduce their diversions to ensure the drought minimum flows specified in section 876.5 subdivision (c) are satisfied through June 30, 2022, or until the Deputy Director of the Division of Water Rights suspends the curtailment orders. Water right holders, claimants, or agents of record who receive a curtailment order are responsible for immediately providing notice of the curtailment order to all diverters exercising the water right or claim covered by the Orders. Flows in excess of the drought minimum flows can be diverted in accordance with priority and basis of right, except that the Orders do not relieve any right holder or claimant of obligations imposed by orders issued pursuant to the Delta watershed emergency regulation or any other Board order, or the terms and conditions of the water right.
All diverters who received an Order are required to submit an online Compliance Certification Form by October 18, 2021 for each water right or claim subject to the Order. The water right holder and claimant Log In information for the online Compliance Certification Forms was included in the hard copy letter and Order.
All water right holders and claimants subject to the Orders are encouraged to sign up for the State Water Board’s “Mill Deer Drought” email subscription list under “Water Rights” at: https://www.waterboards.ca.gov/resources/email_subscriptions/swrcb_subscribe.html. Updated information on curtailments and drought emergency minimum flow requirements in the Mill Creek and Deer Creek watersheds will be posted to the Mill Creek and Deer Creek Drought Response webpage and sent through the “Mill Deer Drought” email subscription list. All future updates to curtailment status will only be provided through electronic communications.