State Water Board readopts emergency regulation for Scott and Shasta watersheds; votes unanimously

The State Water Resources Control Board voted unanimously Jan. 5 to readopt an emergency regulation meant to preserve minimum instream flows in the Scott and Shasta River watersheds as fisheries recovery and longer-term regulatory work continues.

Board Chair Joaquin Esquivel said the regulation and the changes before the board reflect an iterative approach to a fraught situation: “I appreciated the balanced approach that I know we've attempted to take and ultimately the flexibility that's been built into this version of the emergency reg, which again, we're trying to iterate here, continue to learn together collectively,” he said during discussion.

Why it matters: staff and fisheries scientists told the board that the Scott and Shasta watersheds remain at risk for low summer flows that harm salmon and other fish even after wetter winter conditions. The emergency regulation preserves minimum flow requirements, maintains staff curtailment authority, and keeps in place a local cooperative solutions program that allows for measured, limited alternatives to curtailment if the California Department of Fish and Wildlife (CDFW) determines the proposal is “equal or better” for fisheries.

What staff told the board: Philip Dutton, a supervising engineer in the Division of Water Rights, summarized the background and outreach that produced the draft readoption and explained the board’s authority under Water Code section 1058.5 to adopt emergency regulations to address drought emergencies. He said staff…