State to Issue Draft Delta Flow Criteria in July

June 24, 2010

In July, the State Water Resources Control Board (“State Board”) plans to issue draft “flow criteria for the Delta ecosystem necessary to protect public trust resources.” (Water Code § 85086(c)(1).)

The draft flow criteria will follow the State Board’s completion on March 24 of an information-gathering proceeding featuring three days of testimony from expert witness panels, written testimony and written comments. Closing comments were due by April 14 in response to the State Board’s request for flow criteria recommendations addressing the volume, quality, and timing of water needed to protect public trust resources in the Delta under current conditions.

All written comments, presentations, and a DVD copy of the proceedings are available through the State Board’s website at: http://www.swrcb.ca.gov/waterrights/water_issues/programs/bay_delta/deltaflow/.

Water Code § 85086(c)(1) requires development of the flow criteria “within nine months of the enactment” of that code section, which occurred in early November of 2009. As a result, the State Board is generally expected to finalize its flow criteria by early August 2010.

Water Code § 85086(c)(1) was enacted as part of the Sacramento San Joaquin Delta Reform Act (SB 1), which is a central component of the state’s omnibus water legislation passed in 2009. SB 1 and the other components of the 2009 legislative package may be reviewed at:
http://www.kmtg.com/data/rc_legal_alerts/alert.php?IDD=1181938319&IDDParent=0&useSpr

If you have any questions or concerns, please contact the following from our office, or the attorney with whom you normally consult.

Eric Robinson or Hanspeter Walter | 916.321.4500