Tribal Beneficial Uses Designations

Tribal Beneficial Uses

On May 2, 2017, the State Water Resources Control Board adopted Resolution 2017-0027, which approved "Part 2 of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California—Tribal and Subsistence Fishing Beneficial Uses and Mercury Provisions" (ISWEBE Plan). Through Resolution 2017-0027, the State Water Board established three new beneficial use definitions for use by the State and Regional Water Boards: Tribal Tradition and Culture (CUL), Tribal Subsistence Fishing (T-SUB), and Subsistence Fishing (SUB) beneficial uses. A California Native American Tribe, which includes federally recognized and non-federally recognized California tribal governments, can submit a request to the Central Valley Water Board to designate a waterbody with Tribal Beneficial Uses. These beneficial uses may be designated by regional water quality control boards through the basin planning process on inland surface waters, enclosed bays, or estuaries in the state. The CUL, T-SUB, and SUB beneficial use definitions below are set forth in full:

*The SUB beneficial use does not mention "California Native American Tribe" in its definition but is grouped with the CUL and T-SUB beneficial uses because it may still be of interest to, and can still be utilized by, California Native American Tribes and tribal members, as well as other interested persons or members of the Public.

The CUL and T-SUB beneficial uses will help to protect activities specific to Native American Culture and Tribes' historic uses of California's waters, including practices not covered by existing beneficial uses. The functions of these beneficial uses are not to protect or enhance fish populations or aquatic habitats. Fish populations and aquatic habitats are protected and enhanced by other beneficial uses, including but not limited to, Fish Spawning, Migration of Aquatic Organisms, Aquaculture, Warm Freshwater Habitat, and Cold Freshwater Habitat.

Sport Fish Water Quality Objective applicability to the Central Valley Water Board's Water Quality Control Plans

The Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California (ISWEBE) was adopted by the State Water Resources Control Board and established provisions for water quality and sediment quality that apply to all inland surface waters, enclosed bays, and estuaries and coastal lagoons. Except where otherwise noted, the provisions within ISWEBE supersede any Regional Water Quality Control Plans (Basin Plans) for the same waters to the extent of any conflict. The State Water Resources Control Board adopted Part 2 of the ISWEBE for Tribal and Subsistence Fishing Beneficial Uses and Mercury Provisions (Mercury Provisions) on May 2, 2017 that established 3 new beneficial uses and associated mercury objectives.  The Mercury Provisions are located here: https://www.waterboards.ca.gov/water_issues/programs/mercury/docs/hg_prov_final.pdf.

One of the objectives established by the Mercury Provisions, the Sport Fish Water Quality Objective (WQO) for mercury applies to waters designated with the beneficial uses of Commercial and Sport Fishing (COMM), Tribal Tradition and Culture (CUL), Wildlife Habitat (WILD), or Marine (MAR). While waterbodies in the Central Valley Water Board’s jurisdiction are not currently designated for CUL, the Sport Fish WQO applies to waterbodies with COMM and WILD designation, affording the same mercury protection as it would under CUL beneficial use designation. Currently, 99% of waterbodies listed in the Sacramento and San Joaquin Basin Plan beneficial use table and 100% of waterbodies listed in the Tulare Lake Basin Plan beneficial use table have a WILD or COMM beneficial use designation. This means that the Sport Fish WQO already applies to these waterbodies.

The Microsoft Excel file was developed to inform tribes  and the public where the Sport Fish WQO currently applies in the Central Valley Water Board’s two basin plans, the Sacramento and San Joaquin Basin Plan and the Tulare Lake Basin Plan, respectively. The excel file has 2 tabs, one for the waterbodies included in the Sacramento and San Joaquin Basin Plan and a second tab for the waterbodies included in the Tulare Lake Basin Plan. The excel file contains 6 columns:

• Main Surface Water Body
• Surface Water Bodies column identifies a specific section of the main surface water body
• Hydrologic Unit Number (Hydro Unit Number) column identifies which hydrological basin planning area the waterbody section falls into. The numbers in this column correspond with watershed regions shown in the maps linked at the bottom of the table.
• Sportfish WQO column indicates if the Sportfish WQO currently applies. A “Yes” in this column indicates that the Sport Fish WQO applies, and a blank entry indicates that the Sport Fish WQO does not apply to the specific section of the waterbody.
• Wildlife Habitat (WILD) designated waterbodies indicated by an ‘X’
• Commercial and Sport Fishing (COMM) designated waterbodies indicated by an ‘X’

Meetings and Workshops

The Central Valley Water Board will be conducting formal consultation as part of all TBU designations. Early engagement on the designation of waters will include discussion of a Tribe's interest to maintain the confidentiality of traditional and cultural practices at the outset.

Semi-Annual Tribal Beneficial Uses Update Meetings
Invitations for these semi-annual meetings are extended to Tribes, Tribal organizations, and tribally confirmed consultants or representatives. These meetings are not open to the general public.

• May 13, 2024
• November 2, 2023
• April 20, 2023
• November 10, 2022
• April 5, 2022

Public Outreach Meeting - April 28, 2021
A public outreach meeting was held to discuss the development of potential amendments to the Water Quality Control Plans for Tribal Beneficial Use Designations. Meeting materials are below. Note that the "Meeting Recording" is a link to the Central Valley Water Board's YouTube channel.

• Draft Resolution
• Public Notice
• Meeting Recording