This email is to notify water rightpermit and licenseholderswith StandardWater RightTerm 91(Term 91)and other interested partiesthat curtailments under Term 91 arenolonger in effectdue to a lack of supplemental project water(SPW)releases by theDepartment of Water Resources and U.S. Bureau of Reclamation (Projects)at this time.
If the Projects are required to resumeconsistentSPWreleasesand theSacramento–San Joaquin River Delta(Delta)remains in balanced conditions,the State WaterResources Control Board (State Water Board)willresumeTerm91 curtailments.
Please monitor your email andthe State Water Board’sTerm 91 statuswebsite(https://www.waterboards.ca.gov/waterrights/water_issues/programs/bay_delta/docs/ter m91graph.pdf)for further updates onTerm 91 curtailments.Term 91 may be re–imposed in the near future if hydrologic conditions degrade. Diverters should beprepared to curtail their diversions immediately upon any resumption of Term 91curtailments. Please note thatfuture notices related to Term 91 will continue to beprovided by email only and posted onthe State Water Board’swebsite.To maintaincompliance with Term 91,water right holders with Term 91 in their permits and licensesareresponsible for monitoring these email noticesand/or theState Water Board’swebsite to determine when Term 91 curtailments arein effect.
Additionally,please be advised thatwaterisnot necessarily available underaspecificwater right permit or license whenTerm 91 curtailments are not in effect.In addition toTerm 91, water availability depends on local conditions,thepriority ofthe waterright,other terms and conditions ofapermit or license, aswellas other applicable curtailmentorders, includingthoseissued pursuant to current emergency regulations.Water rightholdersmust comply with all terms and conditions oftheirspecific water rights,includingthe applicableseason of diversion and bypassflowconditions.Water right holdersshould maintain a record oftheirdiversionsin order to meetreporting requirements. Anydiversion in violation ofwater right permit or licenseterms and conditions is subject toenforcement.
Additional Information on Term 91
Term 91 prohibits diversion of water when (i) the Delta is in “Balanced Condition” and(ii) SPW releases are being made by the Projects. The Delta is in “Balanced Condition”when the Projects are being operated to meet water quality and flow requirements in the Delta. SPW releases are releases of imported and previously stored Project water madeto meet inbasin entitlements, including maintenance of Delta water quality and flow requirements.