HomeMy WebLinkAboutState Water Resources Control Board letter State Water Resources Control Board
Division of Water Rights
1001 I Street, 10 Floor♦ Sacramento,Cal ifomia 95814 ♦ 916.341.5300
Linda S.Adams P.O.Box 2000 ♦ Sacramento,California 95812-2000 Arnold Schwarzenegger
Seeretaryfor Fax: 916.341.5400 a www.wate,rights.ca.gov Governor
Environmental Protection
JUN 252
River Garden Farms Company
c/o Maja K. Haium
621 Capitol Mall, 18th Floor
Sacramento, CA 95814
Dear Ms. Haium:
APPLICATION 575 - ORDER APPROVING PETITION FOR TEMPORARY CHANGE TO
AUTHORIZE THE TRANSFER OF UP TO 3,500 ACRE-FEET OF WATER TO THE 2009
DROUGHT WATER BANK
Enclosed is a copy of the Order approving your petition for temporary urgency change under
Water Code section 1725, et. seq, to authorize the transfer of up to 3,500 acre-feet of water to
the 2009 Drought Water Bank. This temporary change is effective July 1, 2009 and expires on
October 31, 2009.
If you have any questions, please contact me at (916) 341-5428.
Sincerely,
eslie'F. Grober, Manager
Hearings and Special Programs Section
Enclosures
cc: Enclosed Mailing List
California Environmental Protection Agency
af Rervrlod Pnnvr
r r
r
Department of Fish and Game
Interested Par Mailing List for Fresno County Board of
Party Resources Management and
Application 575 Order Approving supervisors
PIS PP g 2281 Tulare Policy Division
Ceinporary Transfer of 3,500 Acre Hall of Records,Room 301 c/o Paul Forsberg
Feet of Water Fresno, CA 93721-2198 830 S Street
Sacramento,CA 95811
Regional Water Quality
Department of Fish and Game Board of Supervisors Control Board
Bay-Delta Region COUNTY OF YOLO Central Valley Region—
7329 Silverado Trail 625 Court Street;Room 204 Sacramento Office
Napa, CA 94558 Woodland, CA 95695 11020 Sun Center Drive, #200
Sacramento, CA 95670
Kings County Board of Kern County Board of
River Garden Farms Company Supervisors Supervisors
c/o Marty Stripling c/o Ms.Alene Taylor 1 115 Truxton Avenue
41758 Road 112 I400 West Lacey Boulevard Bakersfield,CA 93301
Knights Landing, CA 95645 Hanford,CA 93230
Merced County Board of Mariposa County Board of San Joaquin County Board of
Supervisors Supervisors Supervisors
2222 M Street 5100 Bullion Street 222 East Weber Avenue
Merced,California 95340 Mariposa,CA 95338 Stockton,CA 95202
Madera County Board of Board of Supervisors Tulare County Board of
Supervisors COUNTY OF SOLANO Supervisors
209 West Yosemite Avenue 601 West Texas Street 2800 West Burrel
Madera,CA 93637 Fairfield,CA 94533 Visalia, CA 93291
Stanislaus County Board of Board of Supervisors Board of Supervisors
Supervisors COUNTY OF SUTTER COUNTY OF BUTTE
1010 10`'Street 463 Second 25 County Center Drive
Modesto,CA 95354 Yuba City,CA 95991 Oroville,CA 95965
Board of Supervisors Santa Clara County Board of Board of Supervisors
COUNTY OF ORANGE Supervisors COUNTY OF ALAMEDA
10 Civic Center Plaza 70[West Hedding Street 1221 Oak
San Jose,CA 95110
Santa Ana,CA 92666 Floor Oakland,CA 94612
San Benito County Board of Board of Supervisors
Supervisors COUNTY OF LOS ANGELES Board of Supervisors
COUNTY OF RIVERSIDE
481 4" Street 320 W.Temple
Hollister,CA 95023 Los Angeles, CA 90012 Rive Lemon Street
Riverside,CA 92501
Board of Supervisors Board of Supervisors
COUNTY OF CONTRA COSTA Board of Supervisors COUNTY OF SAN DIEGO
651 Pine COUNTY OF SAN BERNARDINO I600 Pacific Highway
Contra Costa,CA 95932 175 West fifth San Diego, CA 92101
San Bernardino,CA 92401
Board of Supervisors Board of Supervisors
COUNTY OF SACRAMENTO COUNTY OF SAN MATEO Board of Supervisors
Hall of Justice&Records COUNTY OF SANTA BARBARA
700 H Street 40I Marshall Street 105 East Anapamu
Sacramento,CA 95814 Redwood City,CA 94063 Santa Barbara,CA 93101
Board of Supervisors Teresa Geimer
Board of Supervisors COUNTY OF VENTURA Drought Water Bank Coordinator
COUNTY OF SAN LUIS OBISPO 800 S.Victoria Ave. Department of Water Resources
Courthouse Annex, Room 202
San Luis Obispo,CA 93408 Ventura,CA 93009 P.O. Box 942836
Sacramento, California 94236-0001
Board of Supervisors
COUNTY OF SANTA CRUZ
701 Ocean
Santa Cruz,CA 95060
STATE OF CALIFORNIA
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
STATE WATER RESOURCES CONTROL BOARD
DIVISION OF WATER RIGHTS
ORDER WR 2009-0038-DWR
IN THE MATTER OF LICENSE 1718 (APPLICATION 575)
PETITION FOR TEMPORARY CHANGE
INVOLVING THE TRANSFER OF 3,500 ACRE-FEET OF WATER
FROM RIVER GARDEN FARMS COMPANY
TO THE 2009 DROUGHT WATER BANK
ADMINISTERED BY THE DEPARTMENT OF WATER RESOURCES
ORDER AUTHORIZING TEMPORARY CHANGE IN POINTS OF DIVERSION,
PLACE OF USE, AND PURPOSE OF USE
BY THE DEPUTY DIRECTOR-FOR WATER RIGHTS:
1.0 SUBSTANCE OF PETITION
On March 10, 2009,
River Garden Farms Company
clo Maja K. Haium
621 Capitol Mall, 181" Floor
Sacramento, CA 95814
filed with the State Water Resources Control Board (State Water Board) a Petition for Temporary Change
under Water Code section 1725, et seq. River Garden Farms Company's (RGF) petition requests the
transfer of up to 3,500 acre-feet(af) of water for use within the Central Valley Project.(CVP) and the State
Water Project(SWP) service areas. The transfer will be administered by the Department of Water
Resources' (DWR)2009 Drought Water Bank(DWB). Temporary changes approved pursuant to Water
Code section 1725 may be effective for up to one year from the date of approval.
1.1 Description of the Transfer. RGF proposes to transfer up to 3,500 of of water under
License 1718 (Application 575)to DWR's 2009 DWB. To facilitate this transfer, RGF will pump additional
groundwater and reduce its direct diversion (referred to as groundwater substitution)from the Sacramento
River by 19 cfs between July and October. The petition states that the groundwater wells proposed for
additional pumping meet criteria established by DWR for these types of transfers. At times when pumping
capacity is available in the Delta, the additional 19 cfs of flow in the Sacramento River would be available
for diversion/rediversion at the Banks Pumping Plant or the Jones Pumping Plant. Water would be used
within the SWP and/or CVP service areas (administered by DWR's 2009 DWB). The petition requests
that the change be effective for up to one year from the date of approval.
1.2 Groundwater Substitution. The petitioner submitted a copy of the Groundwater Management
Plan Reclamation District No. 787(Plan) and correspondence with Yolo County regarding the groundwater
substitution plan for this transfer. RGF is the major landowner in Reclamation District 787. The Pian
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identifies an operational yield for the local groundwater basin and provides for groundwater substitution
transfers. Based on this information, the petition states that the groundwater substitution associated with
this transfer is consistent with the Plan. Additionally, the petitioner submitted a letter from the County of
Yolo indicating that the proposed groundwater substitution will not cause adverse impact to the affected
groundwater basin. This information is posted online with the public notice for this petition at:
http://www.waterboards.ca.gov/waterrights/water issues/programs/applications/transfers to notices/
1.3 2009 Drought Water Bank. In response to Governor Schwarzenegger's June 4, 2008 Executive
Order, DWR initiated the DWB in the summer of 2008 to help alleviate drought conditions should they
continue into 2009. DWR established the DWB to purchase water from willing sellers upstream of the
Sacramento-San Joaquin Delta. This water will be transferred using SWP or CVP facilities to water
suppliers that are at risk of experiencing water shortages in 2049 due to drought conditions and that
require supplemental water supplies to meet anticipated demands. The amount of water each prospective
purchaser will buy is still being negotiated, however the most recent information is available online with
this Order at:
hftp-://www.waterboards.ca.gov/waterr-ights/water issues/programs/applications/transfers to orders/
DWR and the United States Bureau of Reclamation (USBR) have reviewed all the proposals for DWB
transfers, including the subject transfer, and submitted the following statement regarding DWB transfers
which include groundwater substitution.
"The well criteria used to evaluate groundwater substitution transfers is intended to minimize
impacts to streamflow during balanced conditions and potential impacts to the SWP and CVP.
Groundwater pumping within the Sacramento basin will affect streamflow to some extent during the
recovery period. To minimize impacts during the period of the transfer, any well within 2 miles of a
watercourse must be cased to 150'. Groundwater in the Sacramento Valley will impact streamflow
at some point in time. Impacts to the [SWP and CVP] occur at times when the refill occurs during
balanced conditions. DWR estimates that streamflow impacts resulting from pumping to replace
transferred water to be 12%. To account for this impact, the Drought Water Bank will only transfer
88% of.the total quantity pumped in exchange for the surface water released to account for those
impacts."
The DWB is preparing mitigation and monitoring plans to address the impacts of additional pumping for
those DWB transfers which include groundwater substitution. Additional information regarding the DWB is
available online at: http://www.water.ca.gov/drought/bank/
2.0 BACKGROUND
2.1 Substance of RGF's License. License 1718 (Application 575) authorizes the direct diversion of
up to 32 cfs of water from the Sacramento River between March 1 and October 31 of each year for
irrigation purposes. Two authorized points of diversion for License 1718 are located near Knights Landing
on the Sacramento River and the authorized place of use consists of 3,508.2 acres.
2.2 Proposed Temporary Changes. The proposed transfer would temporarily add the Banks
Pumping Plant and the Jones Pumping Plant as points of diversion under License 1718. The service
areas of the SWP (as shown on maps 1878-1, 2, 3 &4 on file with Application 5629)and the CVP (as
shown on map 214-208-12581 on file with Application 5626)would be temporarily added to the place of
use of License 1718. Domestic, municipal, industrial, power generation, salinity control, fish and wildlife
enhancement,water quality control, and stockwatering would be temporarily added as purposes of use
under License 1718.
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2.3 Water Quality Requirements. In Revised Decision 1641 (D-1641) the State Water Board
added the requirement to meet water quality objectives for the protection of municipal and industrial,
agricultural, and fish and wildlife beneficial uses, including salinity objectives at three southern Delta
locations, to the SWP and CVP water rights. In order to maintain consistency in pumping requirements,
petitions for temporary change (such as the subject petition)which add either the Banks Pumping Plant
or the Jones Pumping Plant as points of diversion to water rights other than those of the SWP or CVP
may be conditioned with compliance with all the objectives contained in Tables 1, 2, and-3 located on
pages 181 to 187 of D-1641.
Additionally, in D-1641 the State Water Board authorized DWR and IJSBR to use each other's Delta
points of diversion, also referred to as joint points of diversion (JPOD) operations, subject to certain
conditions. One of the conditions of approval was the requirement that the Projects meet all other
provisions of their permits to perform JPOD operations. Other conditions include adherence to response
plans intended to protect other legal users of water from water level and water quality impacts, and an
operations plan to protect fish, wildlife, and other legal users of water. Petitions for temporary change
(such as the subject petition)which add either the Banks Pumping Plant or the Jones Pumping Plant as
points of diversion to water rights other than those of the SWP or CVP, are not considered JPOD
operations. However, the potential impacts to other legal users of water and to fish, wildlife, and other
instream beneficial uses associated with adding.either the Banks Pumping Plant or the Jones Pumping
Plant as points of diversion to water rights other than those of the SWP or CVP are similar to the impacts
of JPOD operations. As such, the orders approving these petitions include conditions similar to those
required of JPOD operations.
Computer modeling of salinity in the southern Delta for the period from May 10 through September 27,
2009 predicts that southern Delta salinity will be very close to the values contained in Table 2 of D-1641.
Modeling also indicates that increased pumping necessary to effectuate water transfers this summer,
including the subject transfer, will not adversely affect salinity in the southern Delta. One limitation of the
model is that it tends to underestimate the measured salinity because it does not accurately represent
local discharges in the southern Delta. Despite its tendency to under-predict southern Delta salinity,
however, the modeling presented is currently the best tool available to predict the real-time effects of Delta
export pumping on water levels and water quality in the southern Delta.
Over the longer term, the delivery of exported Delta water to the San Joaquin Valley has the potential to
increase the salinity of agricultural drainage to the San Joaquin River, resulting in increased salinity within
the southern Delta. The list of potential buyers for DWB water includes the San-Luis and Delta Mendota
Water Authority(Authority). Some areas within the Authority have been shown to drain directly to the San
Joaquin River. The total amount of DWB water(which includes transfers other than the subject transfer)
intended for delivery to the Authority(including conveyance losses) is approximately 24,000 af. Due to dry
conditions and springtime Delta pumping restrictions, the total amount of water exported from the Delta
(including transfers) during 2009 is expected to be about 70% of the average amount of water exported for
the years 2000 through 2008. Given the significant reduction in deliveries of exported Delta water this
year(including transfers) as compared to the average deliveries from 2000 through 2008, the additional
deliveries of Delta water pursuant to the DWB will not result in significant long-terra increases in southern
Delta salinity above what would be expected to occur with average amounts of water exported from the
Delta.
If the actual salinity at any of the three southern Delta compliance locations were to exceed the values
contained in D-1641, diversion of water at either the Banks Pumping Plant or the Jones Pumping Plant in
order to implement this transfer would be prohibited unless an exception is included in this Order. Since
the pumping associated with this transfer will not adversely affect salinity in the southern Delta in the
short-term, and will not adversely affect salinity in the long-term above what is expected to occur with.
average export amounts, this Order does not require compliance with the salinity objectives in the
southern Delta.
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3.0 PUBLIC NOTICE AND COMMENT TO THE PROPOSED TEMPORARY CHANGE
Public notice of the petition for temporary change (dated March 26, 2009)was provided via regular mail to
interested parties and by publication in the Sacramento Bee on March 27, 2009. No comments were
received.
4.0 REQUIRED FINDINGS OF FACT
4.1 Availability of Water for Transfer. Before approving a temporary change due to a transfer or
exchange of water pursuant to Chapter 10.5 of Part 2 of Division 2 of the Water Code, the State Water
Board must find that the transfer would only involve the amount of water that would have been
consumptively used or stored by the permittee or licensee in the absence of the proposed temporary
change or conserved pursuant to Section 1011. (Wat. Code, §§ 1725, § 1726.) Water Code section 1725
defines"consumptively used" to mean"the amount of water which has been consumed through use by
evapotranspiration, has percolated underground, or has been otherwise removed from use in the
downstream water supply as a result of direct diversion." The water proposed for transfer consists of
surface water made available through increased groundwater pumping. To the extent that the additional
groundwater pumped does not affect streamflow, this water represents water which would not be available
for use in the downstream water supply. DWR has reviewed the proposed groundwater pumping and
determined that 12%of the additional groundwater pumping will affect streamflow.-This Order limits the
amount of water available for transfer to 88% of the groundwater pumped.
In light of the above, I find in accordance with Water Code section 1726, subdivision (e)that the water
proposed for transfer pursuant to this Order would be consumptively used in the absence of the proposed
temporary change.
4.2 No Injury to Other Legal Users of Water. Before approving a temporary change due to a
transfer or exchange of water pursuant to article 1 of Chapter 10.5 of Part 2 of Division 2 of the Water
Code, the State Water Board must find that the transfer would not injure any legal user of the water during
any potential hydrologic condition that the Board determines is likely to occur during the proposed change,
through significant changes in water quantity, water quality, tinning of diversion or use, consumptive use of
the water, or reduction in return flows. (Wat_ Code, § 1727, subd. (b)(1).) DWR and USBR have reviewed
the proposed transfer and determined that, with inclusion of the 12%depletion factor described in
Section 1.3 of this Order, the SWP and CVP will not be injured by impacts resulting from the additional
groundwater pumping associated with the transfer_ The additional groundwater pumping is consistent with
the approved groundwater management plan for the affected area. The DWB is preparing mitigation and
monitoring plans to address the impacts of additional pumping for those DWB transfers which include
groundwater substitution. This Order requires compliance with these plans.
This Order also includes terms and conditions to ensure that other legal users of water are not injured by
potential water level and water quality impacts in southern Delta channels associated with the addition of
the Banks Pumping Plant and the Jones Pumping Plant as a point of diversion to License 1718. Since the
pumping associated with this transfer will not adversely affect salinity in the southern Delta in the
short-term, and will not adversely affect salinity in the long-term above what is expected to occur with
average export amounts, this Order does not require compliance with the salinity objectives in the
southern Delta.
In light of the above, I find in accordance with Water Code section 1727, subdivision (b)(1) that the
proposed transfer will not injure any legal user of the water. I also find that the transfer of surface water
that is replaced with groundwater pursuant to this Order meets the requirement of Water Code
section 1745.10 subdivision (a). That section requires groundwater use that is part of a groundwater
substitution transfer to be consistent with a groundwater management plan adopted pursuant to state law
for the affected area.
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4.3 No Unreasonable Effect on Fish,Wildlife, or Other Instream Beneficial Uses. Water Code
section 1729 exempts temporary changes involving the transfer of water from the requirements of the
California Environmental Quality Act(CEQA). (Pub. Resources Code, §21000, et seq.). However, the
State Water Board may approve a temporary change due to a transfer of water only if it determines that
the proposed temporary change would not unreasonably affect fish, wildlife, or other instream beneficial
uses. (Wat. Code, § 1727, subd. (b)(2).)
Diversion of water at the Banks Pumping Plant and the Jones Pumping Plant pursuant to this Order is
subject to compliance by,the operators with the objectives currently required of DWR and USBR set forth
in Tables 1, 2, and 3 on pages 181 to 187 of D-1641, including compliance with the various plans required
under D-1641 as prerequisites for the use of the Joint Points of Diversion by DWR and USBR (with the
exception for southern Delta salinity noted above). Diversion of water at the Banks Pumping Plant and the
Jones Pumping Plant pursuant to this Order is also subject to compliance by the operators with all
applicable biological opinions, including the Delta Smelt Biological Opinion and the Salmon Biological
Opinion, and any court orders applicable to these operations.
In light of the above, i find in accordance with Water Code section 1727, subdivision (b)(2)that the
proposed transfer will not unreasonably affect fish, wildlife, or other instream beneficial uses.
5.0 STATE WATER RESOURCES CONTROL BOARD'S DELEGATION OF AUTHORITY
On September 18, 2007, the State Water Board adopted Resolution 2007-0057, delegating to the Deputy
Director for Water Rights the authority to act on petitions for temporary change if the State Water Board
does not hold a hearing. This Order is adopted pursuant to the delegation of authority in section 4.4.2 of
Resolution 2007-0057.
6.0 CONCLUSIONS
The State Water Board has adequate information in its files to make the evaluation required by Water
Code section 1727; and therefore I find as follows:
I conclude that, based on the available evidence:
1. The proposed temporary change will not injure any legal user of the water.
2. The proposed temporarychange will not unreasonably affect fish, wildlife, or other instream
beneficial uses.
3. The proposed transfer involves only an amount of water that would have been consumptively used
or stored in the absence of the temporary change.
4. Any increase in groundwater pumping associated with this transfer(i.e., groundwater substitution)
will be performed in compliance with Water Code section 1745.10.
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ORDER
NOW, THEREFORE, IT'IS ORDERED that the petition filed for temporary change in the place of use
under License 1718 (Application 575)for the transfer of up to 3,500 acre-feet of water is approved.
All existing terms and conditions of License 1718 remain in effect, except as temporarily amended by the
following provisions:
1. The transfer/exchange is limited to the period from July 1, 2009 through October 31, 2009.
2. Prior to initiating the transfer of water pursuant to this Order, the petitioner shall submit to the
Deputy Director for Water Rights a copy of the mitigation and monitoring plans prepared by the
2009 Drought Water Bank to address the impacts of additional pumping. Petitioner shall implement
these plans as a condition of transferring water pursuant to this Order.
3. The petitioner shall reduce its diversion rate at the original points of diversion authorized under
License 1718 by an amount equal to the rate of additional groundwater pumped in order to make
water available for transfer pursuant to this Order(both measured as a daily average). The amount
of water transferred pursuant to this Order shall not exceed 88% (eighty-eight percent) of the rate of
additional groundwater pumping.
4. The place of use under License 1718 is temporarily expanded to include the service areas of the
SWP (as shown on Maps 1878-1, 2, 3 &4 on file with Application 5629) and the CVP (as shown on
Map 214-208-12581 on file with Application 5626).
5. The Banks Pumping Plant and the Jones Pumping Plant are temporarily added as authorized points
of diversion under License 1718. The maximum additional combined rate of diversion (measured
as a three-day average) at the Banks Pumping Plant and the Jones Pumping Plant pursuant to this
change is 19 cubic feet per second.
Diversion of water at the Banks Pumping Plant and the Jones Pumping Plant pursuant to this Order
is subject to compliance by the pumping plant operators with all applicable biological opinions, court
orders, and any other conditions imposed by other regulatory agencies applicable to these
operations. Diversion of water at the Banks Pumping Plant and the Jones Pumping Plant pursuant
to this Order is also subject to compliance by the operators with the objectives currently required of
DWR and USBR set forth in Tables 1, 2, and 3 on pages 181 to 187 of State Water Board Revised
Decision 1641 (D-1641), or any future State Water Board order or decision implementing Bay-Delta
water quality objectives at those points of diversion, including compliance with the various plans
required under D-1641 as prerequisites for the use of the Joint Points of Diversion by DWR and
USER, with the exception of the three interior southern Delta salinity compliance locations.
6. Domestic, municipal, power generation, industrial, salinity control, fish and wildlife enhancement,
water quality control, and stockwatering are temporarily added as purposes of use under
License 1718.
7. Within 60 days of the completion of the transfer, but no later than December 30, 2009, RGF shall
provide to the Deputy Director for Water Rights a report describing the transfer authorized by this
Order. The report shall include the following information:
a. General locations where the transferred water was used;
b. The daily average rate water is made available for transfer pursuant to this Order;
C. The daily average diversion rate for water diverted pursuant to License 1718 during the
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transfer period;
d. The average daily streamflow measured at the nearest representative gaging station on the
Sacramento River;
e. The daily average pumping rate of groundwater pumped by RGF in excess of that which
would have been pumped in the absence of this transfer; and
f. Groundwater elevations within the vicinity of RGF prior to the proposed transfer.
RGF shall also develop and submit to the Deputy Director for Water Rights, by July 1 of each year
following 2009, a map defining the groundwater elevations within the vicinity of RGF, until such time
as these elevations correspond to pre-transfer levels.
8. Pursuant to Water Code sections 100 and 275 and the common law public trust doctrine, all rights
and privileges under this transfer and temporary change Order, including method of diversion,
method of use, and quantity of water diverted, are subject to the continuing authority of the State
Water Board in accordance with law and in the interest of the public welfare to protect public trust
uses and.to prevent waste, unreasonable use, unreasonable method of use or unreasonable
method of diversion of said water.
The continuing authority of the State Water Board also may be exercised by imposing specific
requirements over and above those contained in this Order to minimize waste of water and to meet
reasonable water requirements without unreasonable draft on the source.
9. This Order does not authorize any act which results in the taking of a threatened or endangered
species or any act which is now prohibited, or becomes prohibited in the-future, under either the
California Endangered Species Act(Fish and Game Code sections 2050 to 2097) or the federal
Endangered Species Act(16 U.S.C.A. sections 1531 to 1544). If a"take"will result from any act
authorized under this temporary transfer, the permittee shall obtain authorization for an incidental
take permit prior to construction or operation. Permittee shall be responsible for meeting all
requirements of the applicable Endangered Species Act for the temporary transfer authorized under
this Order.
10. 1 reserve jurisdiction to supervise the transfer, exchange and use of water under this Order, and to
coordinate or modify terms and conditions, for the protection of vested rights, fish, wildlife, instream
beneficial uses and the public interest as future conditions may warrant.
STATE WATER RESOURCES CONTROL BOARD
Victoria A. Whitney
Deputy Director for Water Rights
Dated: JUN 2 5
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