Board accepts two case‑by‑case exceptions under North Coast Instream Flow Policy for review with conditions

The State Water Resources Control Board voted unanimously to accept for evaluation two separate water‑right applications that request case‑by‑case exceptions to the North Coast Instream Flow Policy for on‑stream dams.

Division of Water Rights staff presented both items. For the Banke applications (A033106 and A033107), staff explained the applicant proposes diversions tied to a Safe Harbor agreement developed with the California Department of Fish and Wildlife (CDFW) and the National Marine Fisheries Service (NMFS). Staff concluded that conditioning the applications to incorporate the agency‑recommended diversion criteria and mitigation commitments (riparian enhancement, diversion bypass criteria, bullfrog control and gravel/wood augmentation plans) would protect anadromous salmonids and allow the applications to enter the permitting process for fuller environmental review.

For the Flucchini Estate application (A032424), staff described a cumulative diversion analysis showing the requested storage diversion (22.3 acre‑feet) could be operated under a shortened regionally protective season (staff recommended December 15–March 31) and a regionally protective minimum bypass flow while avoiding material harm to downstream fish habitat. Staff recommended the proposed order include deadlines for a bypass system plan, cumulative effects analysis, and mitigation plans addressing gravel recruitment, large woody debris, non‑native species eradication and riparian replacement as needed.

Board members praised the applicants’ collaboration with fishery agencies and emphasized tribal outreach during the public‑notice permitting step. The board adopted the proposed orders (with change sheets clarifying next steps and tribal outreach) and accepted the applications for further evaluation and permitting by unanimous roll call.