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Delta Watershed Curtailment Compliance and Responses, 2021-2023

Rescission of Curtailment and Reporting Orders

Effective April 3, 2023, all orders imposing water right curtailment and reporting requirements (curtailment and reporting orders) issued pursuant to the emergency curtailment and reporting regulation for the Sacramento-San Joaquin Delta (Delta) watershed (Cal. Code Regs., tit. 23, § 876.1 et seq.) were rescinded.

The curtailment and reporting orders imposed reporting requirements and required water right holders and claimants to monitor the Delta Drought website and cease diversions when the Delta Watershed Curtailment Status List showed their right or claim was curtailed. Following the Governor’s issuance of Executive Order N-5-23, the curtailment and reporting orders were no longer needed.

As a result of this rescission, water right holders and claimants are no longer subject to curtailment and reporting requirements under the drought emergency regulation for the Delta Watershed, which expired on August 14, 2023. This includes checking curtailment statuses, enhanced reporting for larger rights and claims, and reporting for human health and safety exceptions. This rescission does not eliminate ongoing or pending enforcement actions for past violations and related settlements.

Exceptions to curtailment on the basis of a human health and safety needs, proposals that curtailment was inappropriate, non-consumptive use certifications, or alternative water sharing agreements are no longer in effect and all pending requests for exemption from curtailment are considered closed. Any exceptions, whether previously granted or pending, will not automatically apply to any future drought. To receive an exception to curtailment during a future drought, a water right holder or claimant would need to follow the procedures laid out in any applicable regulation(s) active at that time. Information submitted to support past exception requests may be used to support future exception requests.

Please email bay-delta@waterboards.ca.gov for information on previous exceptions to curtailment.