Agenda Item 11 M9/97

STATE WATER RESOURCES CONTROL BOARD MEETING

SACRAMENTO, CALIFORNIA

SEPTEMBER 18, 1997

ITEM: 11

SUBJECT:
CONSIDERATION OF APPROVAL OF AN AMENDMENT

TO THE WATER QUALITY CONTROL PLAN FOR THE

SAN DIEGO BASIN REVISING BENEFICIAL USE DESIGNATIONS FOR SPAWNING/REPRODUCTION AND/OR EARLY DEVELOPMENT AND COLD FRESHWATER HABITAT

DIS-

CUSSION:

The Water Quality Control Plan for the San Diego Basin (Basin Plan) was adopted by the California Regional Water Quality Control Board, San Diego Region (SDRWQCB) on September 8, 1994, and approved by the State Water Resources Control Board (SWRCB) on December 13, 1994, and by the Office of Administrative Law (OAL) on May 3, 1995. On March 12, 1997, the SDRWQCB adopted Resolution No. 97-04 (Attachment 1) amending the Basin Plan by: (1) revising the beneficial use definition for "Spawning, Reproduction, and/or Early Development (SPWN)", (2) designating the SPWN beneficial use in 78 water body segments, (3) designating the "Cold Freshwater Habitat (COLD)" beneficial use in 53 water body segments, and (4) deleting the COLD beneficial use designation from 73 water body segments.

The SPWN beneficial use was originally designated for surface waters in the San Diego Basin in the April 1974 Abstract of the Basin Plan. The Basin Plan adopted by the SDRWQCB (March 17, 1975) and approved by the SWRCB (March 20, 1975) inadvertently omitted SPWN as an existing use for surface waters. The Basin Plan was approved by the U.S. Environmental Protection Agency (U.S. EPA) on the condition that the SPWN beneficial use be designated for the hydrologic units which were designated with the COLD beneficial use. Furthermore, when the SWRCB approved the SDRWQCB's update of Chapters 2 and 4 (SWRCB Resolution

No. 92-14) in February 1992, the SDRWQCB was directed to either designate SPWN or demonstrate that SPWN was not an existing use in these waters in compliance with Title 40, Code of Federal Regulations, Part 131.10(g). In addition, the evaluation of the beneficial use designations for SPWN and COLD was placed on the 1993-94 triennial review workplan as a required item for SDRWQCB consideration. The proposed Basin Plan amendment modifies the table for existing beneficial uses of inland surface waters and coastal waters to satisfy the long standing, conditional approval of U.S. EPA and the SWRCB.

The SPWN beneficial use definition was expanded to identify and protect the unique spawning areas for marine fish and/or cold freshwater fish in the San Diego Basin. In addition, the COLD and SPWN beneficial use designations for 562 water body segments were examined with modifications made based on an extensive review of scientific literature and the best professional judgement of the SDRWQCB and the California Department of Fish and Game staff and other individuals and groups with field knowledge of water bodies in the San Diego Basin. The COLD beneficial use designation in a total of nine (9) water body segments located in the San Juan Hydrologic Unit (HU) (HU 901.00), San Luis Rey HU (HU 903.00), and Santa Margarita HU (HU 902.00) was retained pending further consideration by SDRWQCB staff.

POLICY

ISSUE:
Should the SWRCB approve SDRWQCB Resolution No. 97-04 amending the Water Quality Control Plan for the San Diego Basin?

FISCAL

IMPACT:
SDRWQCB and SWRCB staff work associated with, or resulting from this action, can be accommodated within budgeted resources.

RWQCB

IMPACT:

Yes, SDRWQCB.

STAFF

RECOMMEN-

DATION:

That the SWRCB:

1. Approve SDRWQCB Resolution No. 97-04 amending the Basin Plan by: (1) revising the beneficial use definition for SPWN, (2) designating the SPWN beneficial use in 78 water body segments, (3) designating the COLD beneficial use in 53 water body segments, and (4) deleting the COLD beneficial use designation from 73 water body segments.

2. Authorize SWRCB staff to submit the approved Basin Plan amendment to the U.S. EPA and regulatory provisions to the OAL for approval.

Note: SDRWQCB Resolution No. 97-04 is not available electronically. For copies, contact:

Steve Fagundes

Division of Water Quality

SWRCB

P.O. Box 944213

Sacramento, CA 94244-2130

(916) 657-0914 or FAX (916) 654-8375

SEPTEMBER 9, 1997 DRAFT

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 97-

CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE WATER QUALITY CONTROL PLAN FOR THE SAN DIEGO BASIN REVISING BENEFICIAL USE DESIGNATIONS FOR SPAWNING/REPRODUCTION AND/OR EARLY DEVELOPMENT AND COLD FRESHWATER HABITAT

WHEREAS:

1. The California Regional Water Quality Control Board, San Diego Region (SDRWQCB), adopted a revised Water Quality Control Plan for the San Diego Basin (Basin Plan) on September 8, 1994.

2. Section 13240 of the Water Code specifies that basin plans be periodically reviewed and, if appropriate, revised.

3. On March 12, 1997, following a public hearing, the SDRWQCB adopted Resolution No. 97-04 (Attachment 1) which amended the Basin Plan by: (1) revising the beneficial use definition for "Spawning, Reproduction, and/or Early Development (SPWN)", (2) designating the SPWN beneficial use in 78 water body segments, (3) designating the "Cold Freshwater Habitat (COLD)" beneficial use in 53 water body segments, and (4) deleting the COLD beneficial use designation from 73 water body segments.

4. The SDRWQCB staff prepared documents and followed procedures satisfying environmental documentation requirements in accordance with the California Environmental Quality Act and other State laws and regulations.

5. Basin Plan revisions and amendments do not become effective until approved by the State Water Resources Control Board (SWRCB) and until regulatory provisions are approved by the Office of Administrative Law (OAL).

THEREFORE BE IT RESOLVED THAT:

The SWRCB:

1. Approves SDRWQCB Resolution No. 97-04 amending the Basin Plan by: (1) revising the beneficial use definition for SPWN, (2) designating the SPWN beneficial use in 78 water body segments, (3) designating the COLD beneficial use in 53 water body segments, and (4) deleting the COLD beneficial use designation from 73 water body segments.

2. Authorizes SWRCB staff to submit the approved Basin Plan amendment to the U.S. Environmental Protection Agency and regulatory provisions to the OAL for approval.

CERTIFICATION

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on September 18, 1997.

_____________________________________

Maureen Marché

Administrative Assistant to the Board

1.	The California Regional Water Quality Control Board, San Diego Region (SDRWQCB), adopted a revised Water Quality Control Plan for the San Diego Basin (Basin Plan) on September 8, 1994.
2.	Section 13240 of the Water Code specifies that basin plans be periodically reviewed and, if appropriate, revised.
3.	On March 12, 1997, following a public hearing, the SDRWQCB adopted Resolution No. 97-04 (Attachment 1) which amended the Basin Plan by: (1) revising the beneficial use definition for "Spawning, Reproduction, and/or Early Development (SPWN)", (2) designating the SPWN beneficial use in 78 water body segments, (3) designating the "Cold Freshwater Habitat (COLD)" beneficial use in 53 water body segments, and (4) deleting the COLD beneficial use designation from 73 water body segments.
4.	The SDRWQCB staff prepared documents and followed procedures satisfying environmental documentation requirements in accordance with the California Environmental Quality Act and other State laws and regulations.
5.	Basin Plan revisions and amendments do not become effective until approved by the State Water Resources Control Board (SWRCB) and until regulatory provisions are approved by the Office of Administrative Law (OAL).

1.	Approves SDRWQCB Resolution No. 97-04 amending the Basin Plan by: (1) revising the beneficial use definition for SPWN, (2) designating the SPWN beneficial use in 78 water body segments, (3) designating the COLD beneficial use in 53 water body segments, and (4) deleting the COLD beneficial use designation from 73 water body segments.
2.	Authorizes SWRCB staff to submit the approved Basin Plan amendment to the U.S. Environmental Protection Agency and regulatory provisions to the OAL for approval.