NOW AVAILABLE: Draft Proposed Emergency Regulation for Scott-Shasta Watersheds

From the State Water Resources Control Board:

Today, the State Water Resources Control Board (State Water Board) is posting a draft proposed regulation for readoption and amendment of an emergency regulation that establishes minimum instream flow requirements, curtailment authority, and information order authority in the Scott River and Shasta River watersheds.  The text of the draft proposed regulation is available here. The text shows changes from the current emergency regulation in underline for proposed new language and strikethrough for proposed deleted language. Staff are planning to bring readoption of the emergency regulation to the Board for consideration at its January 7, 2025, meeting.

At its October 16, 2024, meeting, the State Water Board adopted Resolution 2024-0036 directing staff to, in part, solicit input on whether to readopt the emergency regulation. As part of this process, staff were directed to solicit public comments on proposed changes to the regulation and alternatives to the readoption of an emergency regulation. Staff held a comment period that concluded on November 20th and hosted a public meeting to gather input on November 12th. Comments received were considered in the development of the draft proposed regulation released today.

The draft proposed emergency regulation is similar to the current regulation.  Beyond minor clarifications and cleanup, highlighted changes associated with the draft proposed regulation include:

  • For Groundwater Local Cooperative Solutions, updates include:
    • Providing for weekly, rather than daily monitoring for groundwater meters;
    • Clarifications regarding inspections; and
    • Metering at the point of use rather than well.
  • For Minimum Flows, updates include:
    • Opportunity for temporary alternative flows to be studied in the Shasta River, with CDFW recommendation.
  • For Curtailments, updates include continuation of existing curtailment orders and exceptions in effect under the current regulation.
  • For Penalties, updates include removal of outdated penalty amounts.
  • For Inefficient Livestock Watering, updates include the ability for the California Department of Fish and Wildlife to notify the Board that tributary connection is insufficient to support adult migration such that inefficient livestock limitation should remain in effect.

Additional information and documents associated with the proposed rulemaking will be released soon.  The agenda for the January 7, 2025, Board meeting will be released no later than December 27, 2024.  The Notice of Proposed Rulemaking, which includes an informative digest that provides context and support for the emergency regulation, the proposed emergency regulation text, and a fiscal impacts analysis, is also forthcoming.

Additional information related to the proposed emergency regulation, including the notice, proposed regulation, finding of emergency, and informational digest supporting the proposed regulation, will be available at the Scott River and Shasta River watersheds webpage.

DRAFT Scott-Shasta_e-reg_JAN_2025