Instream Flows Policy Development

October 22, 2013: State Water Board re-adopted the Policy. Office of Administrative Law approval was received on February 4, 2014.

The State Water Resources Control Board (State Water Board) considered and re-adopted the Policy for Maintaining Instream Flows in Northern California Coastal Streams (Policy), with revisions, at a regularly scheduled State Water Board meeting on October 22, 2013. The revisions consisted of clarifications and clerical corrections to the language contained in the previous version of the Policy, adopted in 2010 and vacated in 2012. No significant revisions to the Policy were incorporated based on the additional CEQA (California Environmental Quality Act) documentation prepared in 2013 and comments received.

• Policy for Maintaining Instream Flows in Northern California Coastal Streams
• Resolution No. 2013-0035 (adopted October 22, 2013)
• Information Sheet – Summary of October 2013 Policy Revisions
• Notice of Adoption Hearing (Posted 10/08/13)
• Draft Resolution with Attachments (Posted 10/14/13)
• Written comments received on the revised Policy
• Draft Revised Policy for Maintaining Instream Flows in Northern California Coastal Streams (revisions noted version) – comments due October 17, 2013 (Revised 10/07/13)
• Response to Comments on the February 2013 CEQA documentation
  • Revised Response to Comment LRC-14 (October 22, 2013)

February 22, 2013: State Water Board circulated additional CEQA documentation for public review and comment.

The primary purpose of the additional documentation was to satisfy requirements of litigation pursuant to the CEQA. The written public comment period ended at noon on April 8, 2013. On April 23, 2013, a public hearing for the receipt of oral comments on the adequacy of the additional CEQA documentation was held during a regularly scheduled State Water Board meeting.

• Written comments received on additional CEQA documentation
• Notice of Filing and 45 day Opportunity for Public Comment
• Draft Revised Sections 6.2, 6.9, and 7 and Supplement to Appendix D of the Substitute Environmental Document (February 2013) - comments due April 8, 2013
  
  CORRECTION: Please note the application number referenced in the 2010 O’Connor Environmental Analysis citation on page 7 of the Supplement to Appendix D should be corrected to A031730. (February 26, 2013)
• Draft Revised Portions of the 2010 Response to Public Comments on the Draft Policy for Maintaining Instream Flows in Northern California Coastal Streams (February 2013)
  • Volume 1
  • Volume 2

October 16, 2012: State Water Board set aside Resolution No. 2010-0021 thereby vacating the Policy.

As a result of litigation pursuant to the CEQA, the Policy was vacated in October of 2012.

• Resolution 2012-0058 Setting Aside Resolution No. 2010-0021 (adopted October 16, 2012)

May 4, 2010: State Water Board adopted the Policy. Office of Administrative Law approval was received on September 22, 2010. A Notice of Decision was filed with the Secretary for Resources on September 28, 2010.

• Resolution 2010-0021 (adopted May 4, 2010)
• 2010 Policy (effective September 28, 2010 through October 16, 2012)
• Predecisional Trial Program (effective September 28, 2010 through October 16, 2012)
• Revised Policy, Red-Line Version for State Water Board Consideration on May 4, 2010
• Revised Draft Resolution
• Responses to CEQA Comments Received on or after April 27, 2010
• Public Comments Received (deadline was April 30, 2010)
• Revised Policy, red-line version dated April 27, 2010 (Staff recommends all changes except those highlighted.)
  After the State Water Resources Control Board meeting on April 27, 2010, the board members continued the hearing on the Instream Flow Policy to May 4, 2010 at 8:30 a.m. in the Coastal Hearing Room of the Cal/EPA Building, 1001 I Street, Sacramento, California 95814.
  Deadline for written comments: Friday April 30, 2010 by Noon. Written comments will be accepted only on the changes indicated by the red-line edits. Comment letters can be submitted by email to commentletters@waterboards.ca.gov (if less than 15 megabytes in total size) or by fax at (916) 341-5620 with the subject “Comment Letter – AB 2121 Policy”
• Draft Resolution
• April 2010 Proposed Policy - Changes Accepted Version
• April 2010 Proposed Policy - Revisions Noted Version
• Responses to Comments on February 2010 Revised Policy
• Staff Responses to Suggested Edits Received from Trout Unlimited, Wagner and Bonsignore, and Ellison, Schneider and Harris on April 9, 2010
• Potential Amendments to February 2010 Draft (Trout Unlimited, Ellison, Schneider and Harris, Wagner and Bonsignore) received on April 9, 2010
• Public Comments Received (deadline was March 26, 2010)
• Notice of Adoption Hearing
• Information Sheet
• Proposed Policy for Maintaining Instream Flows in Northern California Coastal Streams (revised February 2010)
• Sample Policy Calculation
  • Attachment 1: Sample water availability calculation
  • Attachment 2: Sample calculation of 1.5 year channel maintenance flows
• Revised Direct Cost Analysis
• Responses to Peer Review
• Sensitivity Study
• Responses to Public Comments
  • Volume 1
  • Volume 2
• Additional Responses to Public Comments
  • Response to Joint Recommendations
  • Review of TU/WB/ESH Proposal
  • Responses to Comments from Brian Johnson
• Policy Proposal from Trout Unlimited, Wagner and Bonsignore Consulting Civil Engineers, and Ellison, Schneider, and Harris LLP (TU/WB/ESH Policy Proposal)
  • Comments from Brian Johnson, December 11, 2009
  • Comments from Brian Johnson, November 12, 2009
  • Comment Letters on Draft Joint Recommendations
    • Barry Hoffner, May 1, 2009
    • Rudy Light, September 14, 2009
  • April 30, 2009 - Draft Joint Recommendations for the North Coast Instream Flow Policy - This document includes additional policy recommendations and revisions to text that had been previously submitted April 13, 2009. This is an interim document. Some aspects of the proposal may be modified or added to in the future. When more information becomes available, separate updates will be provided.
  • April 13, 2009 - Joint Recommendations for the North Coast Instream Flow Policy - This document has been superceded by the April 30, 2009 Draft Joint Recommendations.
  • March 9, 2009 - Basic Data for Developing Regional Qs and Qopt Relationships
  • January 27, 2009 - Definitions and Methods and Context for Definitions and Methods - These documents have been superceded by the April 30, 2009 Draft Joint Recommendations.
  • January 15, 2009 - Prescribing Instream Flows in Small North Coastal Streams
  • December 2, 2008 - AB 2121 Framework for Joint Recommendations
  • November 24, 2008 - AB 2121 Framework for Joint Recommendations – Briefing for Tam Doduc
  • November 13, 2008 - AB 2121 Framework for Joint Recommendations to Chair Doduc – Briefing for Vicky Whitney
  • May 1, 2008 - Comment Letter from TU/PAS and McBain and Trush Commentary
  • May 1, 2008 - Comment Letter from TU/PAS/WB/ESH
• December 2, 2008 - Public Comments Received after State Water Board Informational Item
  • Coastal Action Group - Levine - December 1, 2008
  • Rudy Light - February 3, 2009
• December 2008 Status Update
• December 2, 2008, Board Meeting Informational Item Agenda
• 2008 - Delineation of Subterranean Streams and Potential Streamflow Depletion Areas - Technical memoranda and maps.
• August 2008 - Public Comments Received at Public Workshops
  • City of Santa Rosa - Gorin
  • Sonoma County Wine Grape Commission - Frey
  • Water Advisory Committee - Mackenzie
  • Richard Matlock
  • Rudy Light Letters: August 5, 2008  |  August 6, 2008-A  |  August 6, 2008-B
  • Chuck Williams
• July 3, 2008 - Notice of Public Workshop - The State Water Resources Control Board held two public workshops on August 5 and 6, 2008, to receive input on the Draft Policy for Maintaining Instream Flows in Northern California Coastal Streams. [Agenda]
• Public Review Comments Received (deadline was May 1, 2008)
• Frequently Asked Questions
• March 14, 2008 - Second Errata for Draft Policy for Maintaining Instream Flows in Northern California Coastal Streams
• February 13, 2008 - Peer Review Comments
  • Dr. Lawrence Band
  • Dr. Charles M. Burt
  • Dr. Robert A. Gearheart
  • Dr. Margaret Lang
  • Dr. Thomas E. McMahon
  • Dr. Richard T. Woodward
• February 6, 2008 - Workshop Presentation: "Draft Policy for Maintaining Instream Flows in Northern California Coastal Streams"
• January 30, 2008 - Notice of Extension of Public Comment Period (deadline was May 1, 2008)

Public Review of Draft Policy for Maintaining Instream Flows in Northern California Coastal Streams

• North Coast Instream Flow Policy Map
  • GIS Data Layer (*.zip)
• February 6, 2008 - Technical Staff Workshop: Draft Policy for Maintaining Instream Flows in Northern California Coastal Streams
• January 7, 2008 - Instream Flow Policy – Errata Sheet
• Notice of Availability of Documents and Opportunity for Public Comment
• Draft Policy for Maintaining Instream Flows in Northern California Coastal Streams
  • Revised 1/7/08
  • Updated 3/14/08
  • SWRCB Instream Flow Policy: GIS-Analysis Criteria for Upstream Distribution Limit of Steelhead
  • SWRCB Instream Flow Policy:  Summary of Reasoning Used to Propose Size Criterion for Woody Debris Pieces Qualifying Under a Wood Augmentation Plan
  • Water Availability Analysis Assumptions for Estimating Partial Face Value of Senior Diverters
  • Direct Cost Analysis for the Proposed North Coast Instream Flow Policy
    • Appendix A, Figure A-1
    • Appendix A, Figure A-2
    • Appendix A, Figure A-3
    • Appendix A, Figure A-4
    • Appendix A, Figure A-5
    • Appendix A, Figure A-6
    • Appendix A, Figure A-7
    • Appendix A, Figure A-8
    • Appendix A, Figure A-9
    • Appendix B, Figure B-1
    • Appendix B, Figure B-2
    • Appendix B, Figure B-3
• Substitute Environmental Document
  • Draft December 2007
  • Updated 3/14/08
  • Appendix A - Notice of Preparation and Initial Study
  • Appendix B - Special-Status Plants Occurring in Riparian, Freshwater Marsh, and Vegetated Lacustrine Habitats
  • Appendix C - Special-Status Animals Occurring in Riparian, Freshwater Marsh, and Vegetated Lacustrine Habitats
  • Appendix D - Potential Indirect Impacts on Municipal, Industrial and Agricultural Water Use and Related Indirect Impacts on Other Environmental Resources (revised 1/7/08)
    • Updated 3/14/08
    • Appendix D, Figure A-1
    • Appendix D, Figure A-2
    • Appendix D, Figure A-3
    • Appendix D, Figure A-4
    • Appendix D, Figure A-5
  • Appendix E - Potential Indirect Environmental Impacts of Modification or Removal of Existing Unauthorized Dams
    • Appendix E, Figure A-1
    • Appendix E, Figure A-2
    • Appendix E, Figure A-3
    • Appendix E, Figure A-4
    • Appendix E, Figure A-5
    • Appendix E, Figure A-6
    • Appendix E, Figure A-7
    • Appendix E, Figure A-8
• North Coast Instream Flow Policy: Scientific Basis and Development of Alternatives Protecting Anadromous Salmonids
  • Draft August 7, 2007
  • Updated 3/14/08
  • Appendix A - Chronology and Technical Basis of the DFG-NMFS Draft Guidelines
  • Appendix B - Physical, Hydrological, and Ecological Conditions Influencing Anadromous Salmonid Habitat in Policy Area Streams
  • Appendix C - Summary of Important Biological Characteristics of Target Anadromous Salmonid Species
  • Appendix D - Defining Protectiveness Levels of Flow Related Habitat Requirements of Anadromous Salmonids at a Regional Scale
    • Updated 3/14/08
  • Appendix E - Development of Policy Element Alternatives Defining a Range of Protective Levels of Minimum Bypass Flow for Application at the Regional Scale:  Upper MBF and Lower MBF Alternatives
    • Draft August 2007
    • Updated 3/14/08
  • Appendix F - Hydrologic Analysis of Validation Sites
    • Updated 3/14/08
  • Appendix G - Approach for Assessing Effects of Policy Element Alternatives on Upstream Passage and Spawning Habitat Availability
    • Updated 3/14/08
  • Appendix H - Upstream Passage and Spawning Habitat-Flow Relationships Derived for Validation Sites
  • Appendix I - Results of Validation Site Protectiveness Analysis:  Number of Days Per Water Year with Upstream Passage and Spawning Opportunities During the 10/1 - 3/31 Period
    • Updated 3/14/08
  • Appendix J - Properties and Behavior of the Cumulative Flow Impairment Index (CFII)
    • Updated 3/14/08
  • Appendix K - Recommendations for Monitoring the Effectiveness of the North Coast Instream Flow Policy for Protecting Anadromous Salmonids

More Information

• August 16, 2006 State Water Board Scoping Meeting for Preparation of a Substitute Environmental Document for the North Coast Instream Flow Policy
• September 22, 2005 State Water Board Resolution 2005-0070 - Authorizing the Executive Director to Negotiate and Execute Contracts Responding to California Water Code Section 1259.4 (AB 2121) Regarding the Development of the Principles and Guidelines for State Policy for Water Quality Control for Northern Coastal Streams.
• March 17, 2005 State Water Board Public Workshop to Consider Trout Unlimited and the Peregrine Chapter of the National Audubon Society's Petition for Timely and Effective Regulation of New Water Diversions in Central Coast Streams