Tribal Beneficial Uses - Designations to Surface Waters

Introduction

Three new beneficial uses have been adopted into the San Diego Basin Plan. Tribal Traditional Culture (CUL), Tribal Subsistence Fishing (T-SUB), and Subsistence Fishing (SUB) 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. These beneficial uses are meant to protect water quality in waterbodies where activities specific to Native American culture and subsistence fishing occur, including practices not covered by existing beneficial uses.

The CUL, T-SUB, and SUB beneficial use definitions are shown below:.

Tribal Tradition and Culture (CUL)
Uses of water that support the cultural, spiritual, ceremonial, or traditional rights or lifeways of California Native American Tribes, including, but not limited to: navigation, ceremonies, or fishing, gathering, or consumption of natural aquatic resources, including fish, shellfish, vegetation, and materials.

Tribal Subsistence Fishing (T-SUB)
Uses of water involving the non-commercial catching or gathering of natural aquatic resources, including fish and shellfish, for consumption by individuals, households, or communities of California Native American Tribes to meet needs for sustenance.

Subsistance Fishing (SUB)
Uses of water involving the non-commercial catching or gathering of natural aquatic resources, including fish and shellfish, for consumption by individuals, households, or communities, to meet needs for sustenance.

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, tribal members, as well as other interested persons or members of the Public.

Designating Waters in the San Diego Region
The San Diego Water Board is seeking to work collaboratively with local tribes to develop this project. Input from local tribes is necessary to identify and verify the uses in the San Diego region. Assigning these new beneficial uses to waters in the San Diego region will require the adoption of subsequent Basin Plan amendment(s). This project supports the San Diego Water Board’s commitment in the 2021 Practical Vision to partner with and consult Tribal Nations to restore and protect beneficial uses for current and future generations.

Meetings

On June 29, 2022, the San Diego Water invited tribal representatives from 38 tribes in the Southern California region to attend a tribal summit and opened discussions on designating waters with the tribal beneficial uses. For a copy of the presentation please contact Jody Ebsen

Background

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. General information regarding Tribal Beneficial Uses is available on the State Water Board Tribal Affairs website.

On December 8, 2020, the San Diego Water Board adopted Resolution No. R9-2020-0254, to amend the Water Quality Control Plan for the San Diego Region (Basin Plan) to incorporate non-regulatory updates to Chapters 2, 3, and 4. This Basin Plan amendment was subsequently approved by the State Water Resources Control Board on April 20, 2021 and by the Office of Administrative Law (OAL) on September 1, 2021. Under state law, this Basin Plan amendment became fully effective on September 1, 2021, the date of OAL approval. Related documents can be found with the 2021 Triennial Review. This Basin Plan amendment incorporated the tribal beneficial uses into the Basin Plan; however, this did not assign any of the uses to waters in the San Diego Region.