HomeMy WebLinkAbout12.12.25 Board Correspondence - FW_ Government Agency Submittal submitted in FERC P-619-000 by State Water Resources Control Board (CA),et al.From:Clerk of the Board
To:Clerk of the Board; Connelly, Bill; Cook, Holly; Cook, Robin; Durfee, Peter; Jessee, Meegan; Kimmelshue, Tod; Kitts, Melissa; Krater, Sharleen; Lee,
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Subject:Board Correspondence - FW: Government Agency Submittal submitted in FERC P-619-000 by State Water Resources Control Board (CA),et al.
Date:Friday, December 12, 2025 8:34:50 AM
Please see Board Correspondence -
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Subject: Government Agency Submittal submitted in FERC P-619-000 by State Water Resources Control Board (CA),et al.
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On 12/12/2025, the following Filing was submitted to the Federal Energy Regulatory Commission (FERC), Washington D.C.:
Filer: State Water Resources Control Board (CA)
California State Water Resources Control Board (as Agent)
Docket(s): P-619-000
Lead Applicant: Pacific Gas and Electric Company
Filing Type: Government Agency Submittal
Description: California State Water Resources Control Board submits Water Quality Certification Amendment re the Bucks Creek
Hydroelectric Project under P-619.
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State Water Resources Control Board
December 11, 2025
Ms. Janet Walther
Director, Hydro Licensing
Pacific Gas and Electricity Company
Sent via Email: janet.walther@pge.com
Bucks Creek Hydroelectric Project
Federal Energy Regulatory Commission Project No. 619
Plumas County
Bucks Creek, Grizzly Creek, Milk Ranch Creek, and Unnamed Milk Ranch Creek
Tributaries
AMENDMENT OF THE BUCKS CREEK HYDROELECTRIC PROJECT WATER QUALITY
CERTIFICATION RELATED TO CONDITION 1 FOR TEMPORARY MINIMUM INSTREAM
FLOW VARIANCES AND ANNUAL REPORT TIMING
Dear Janet Walther:
On December 12, 2024, the State Water Resources Control Board (State Water Board or
Board) received a request from the Pacific Gas and Electric Company (PG&E) for an
amendment to the Bucks Creek Hydroelectric Project (Project) water quality certification
(certification). PG&E’s amendment request is to change Condition 1: Minimum Instream Flows
(Condition 1) of the Project certification to: (1) allow for temporary changes to minimum
instream flows (MIFs) for planned maintenance and repairs of Project facilities; and (2) change
the Annual Reporting on Minimum Instream Flow Compliance from December 15 to January
31 to align with United States Forest Service (Forest Service) 4(e) reporting requirement for
Condition No. 31: Instream Flows.
Background
PG&E and the City of Santa Clara own and operate the Project, which is located in the North
Fork Feather River watershed in Plumas County. The Project has an authorized installed
capacity of 84.8 megawatts and is comprised of two developments: (1) Bucks Creek
Development; and (2) Grizzly Development. The major components of the Bucks Creek
Development include: Bucks Lake Dam, Bucks Lake Reservoir, Bucks Creek Penstocks,
Bucks Powerhouse and Switchyard, Three Lakes Dam, Three Lakes (i.e., Lower Lake, Middle
Lake, and Upper Lake), Milk Ranch Conduit, Lower Bucks Lake Dam, Lower Bucks Lake,
Grizzly Forebay, Grizzly Forebay Dam, and Grizzly Forebay Tunnel. The major components of
the Grizzly Development include the Grizzly Powerhouse Tunnel and the Grizzly Powerhouse.
Document Accession #: 20251212-5090 Filed Date: 12/12/2025
Janet Walther December 11, 2025
2
On October 22, 2020, the State Water Board’s Executive Director issued the original Project
certification. On November 20, 2020, PG&E filed a Petition for Reconsideration of the Water
Quality Certification for the Bucks Creek Hydroelectric Project (Petition). PG&E’s Petition is
currently pending before the State Water Board. This certification amendment does not
constitute an action on PG&E’s pending Petition.
Condition 1: Minimum Instream Flows Amendment Discussion
Condition 1 establishes MIFs in the following Project reaches: (1) Bucks Creek below Bucks
Lake Dam; (2) Bucks Creek below Lower Bucks Lake; (3) Grizzly Creek below Grizzly
Forebay; (4) Milk Ranch Creek below Three Lakes; (5) Milk Ranch Creek at Milk Ranch
Conduit Diversion No. 1; and (6) South Fork Grouse Hollow Creek at Milk Ranch Conduit
Diversion No. 3.
Condition 1 also allows temporary changes to MIFs for planned maintenance and repairs in
reaches 1, 4, 5, and 6, but does not allow for temporary changes to MIFs in reach 2 (Bucks
Creek below Lower Bucks Lake Dam) and reach 3 (Grizzly Creek below Grizzly Forebay).
Additionally, Condition 1 allows for changes to MIFs for emergency situations and requires
PG&E to submit an annual report to the Deputy Director for the State Water Board’s Division of
Water Rights (Deputy Director) that summarizes compliance with MIFs during the prior water
year. The annual report is due to the Deputy Director by December 15 of each year.
PG&E’s December 12, 2024 certification amendment requests: (1) adding reaches 2 and 3 to
the reaches where changes to MIFs are allowed for planned maintenance and repairs; and (2)
changing the annual report due date from December 15 to January 31 consistent with the
timing of reporting required by Forest Service 4(e) Condition 31: Instream Flows.
Updating Condition 1 to allow for variances to MIFs for facility maintenance or repairs in
reaches 2 and 3 will provide PG&E with the flexibility to conduct maintenance and safety
related work in these reaches throughout the Project’s existing Federal Energy Regulatory
Commission (FERC) license term. This amendment requires that PG&E request review and
approval of proposed MIF variances in advance implementation of changes to the MIFs and
notice of Deputy Director approved changes to MIFs. The noticing and Deputy Director
approval provisions ensure planned MIF variances are protective of water quality and
beneficial uses and is consistent with similar provisions in recent hydroelectric project
certifications.
Aligning the annual report due date with Forest Service requirements will streamline PG&E’s
reporting requirements without impacting the State Water Board’s oversight of the Project
certification. Additionally, this amendment corrects an incomplete statement related to bypass
flow requirements in Table 5 of Condition 1.
California Environmental Quality Act
Issuance of a certification amendment is a discretionary action that requires the State Water
Board to comply with the California Environmental Quality Act (CEQA). The State Water Board
reviewed the proposed amendment and determined that the request meets the criteria for a
Class 1 categorical exemption – Existing Facilities (Cal. Code Regs., tit. 14, § 15301, subd.
(m)) and that there is no reasonable possibility that the activity will have a significant effect on
the environment due to unusual circumstances.
Document Accession #: 20251212-5090 Filed Date: 12/12/2025
Janet Walther December 11, 2025
3
The State Water Board will file a Notice of Exemption with the Governor’s Office of Land Use
and Climate Innovation within five working days of issuance of this Project certification
amendment. (Cal. Code Regs., tit. 14, § 15062.)
Noticing
On January 10, 2025, the State Water Board provided public notice of PG&E’s request for an
amendment to the Project certification, pursuant to California Code of Regulations, title 23,
section 3858, by posting information describing the amendment request on the Division of
Water Rights’ Water Quality Certification Program Public Notices webpage and noticing the
“Water Rights Water Quality Certification” email subscription list. The State Water Board
received no comments in response to the notice. Additionally, on November 24, 2025, State
Water Board staff shared the certification amendment application with staff at the Central
Valley Regional Water Quality Control Board and received no comments.
Certification Amendment
The State Water Board finds that the Board’s amendment of Condition 1 will comply with state
water quality standards and other appropriate requirements of state law. Amended Condition 1
is provided in Attachment A: Bucks Creek Hydroelectric Project Water Quality Certification
Amendment to Condition 1 (Strikethrough/Underline Version) and Attachment B: Bucks Creek
Hydroelectric Project Water Quality Certification Amendment to Condition 1 (Clean Version).
Notwithstanding the amendment request, maintenance activities may still be subject to
Condition 23: Dewatering and Diversion of the Project certification, which requires PG&E to
submit a Dewatering and Diversion Plan to the Deputy Director for review and approval for any
activity that requires water diversion or in-water work below the maximum water surface
elevation or high-water mark.
The State Water Board hereby amends the Project certification with the changes presented in
Attachment A of this Project certification amendment and as noted in this letter. This Project
certification amendment is granted with the following additional conditions:
(1) This certification amendment is subject to modification or revocation upon administrative
or judicial review, including review and amendment pursuant to Water Code section
13330 and California Code of Regulations, title 23, division 3, chapter 28, article 6
(commencing with section 3867).
(2) This certification amendment is not intended and shall not be construed to apply to any
activity involving a hydroelectric facility and requiring a FERC license or an amendment
to a FERC license unless the pertinent certification application was filed pursuant to
California Code of Regulations, title 23, section 3855, subdivision (b) and that
application specifically identified that a FERC license or amendment to a FERC license
for a hydroelectric facility was being sought.
(3) This certification amendment is conditioned upon total payment of any fee required
under California Code of Regulations, title 23, division 3, chapter 28 and owed by the
applicant.
Document Accession #: 20251212-5090 Filed Date: 12/12/2025
Janet Walther December 11, 2025
4
If you have questions regarding this amendment, please contact Bryan Muro, Project Manager,
by email to: Bryan.Muro@waterboards.ca.gov or by phone call to:
(916) 327-8702.
Sincerely,
Eric Oppenheimer
Executive Director
Attachment A: Bucks Creek Hydroelectric Project Water Quality Certification Amendment to
Condition 1 (Strikethrough/Underline Version)
Attachment B: Bucks Creek Hydroelectric Project Water Quality Certification Amendment to
Condition 1 (Clean Version)
ec: Debbie Anne-Reese, Secretary
Federal Energy Regulatory Commission
Via e-filing to FERC Project Docket No. 619
Sahrye Cohen, United States Environmental Protection Agency, Region 9
R9cwa401@epa.gov
Leigh Bartoo, United States Fish and Wildlife Service
aondrea_bartoo@fws.gov
Leslie Edlund, United States Forest Service
leslie.edlund@usda.gov
Kurt Sable, United States Forest Service
kurt.sable@usda.gov
Erika Brenzovich, United States Forest Service
ebrenzovich@fs.fed.us
Michael Maher, California Department of Fish and Wildlife
michael.maher@wildlife.ca.gov
Amber Mouser, California Department of Fish and Wildlife
Amber.Mouser@wildlife.ca.gov
Jason Julienne, California Department of Fish and Wildlife
Jason.Julienne@wildlife.ca.gov
Document Accession #: 20251212-5090 Filed Date: 12/12/2025
Janet Walther December 11, 2025
5
Patrick Pulupa, Executive Officer
Central Valley Regional Water Quality Control Board
Patrick.Pulupa@waterboards.ca.gov
Steve Hance, Division Manager
City of Santa Clara
SHance@SantaClaraca.gov
Larry Wise Jr., Pacific Gas and Electric Company
LMWO@pge.com
Jamie Visinoni, Pacific Gas and Electric Company
jnvs@pge.com
Megan Young, Pacific Gas and Electric Company
MRY2@pge.com
Document Accession #: 20251212-5090 Filed Date: 12/12/2025
ATTACHMENT A: BUCKS CREEK HYDROELECTRIC PROJECT WATER QUALITY
CERTIFICATION AMENDMENT TO CONDITION 1
(STRIKETHOUGH/UNDERLINE VERSION)
This attachment shows the changes to Conditions 1: Minimum Instream Flows of the water
quality certification (certification) for Pacific Gas and Electric Company’s Bucks Creek
Hydroelectric Project, issued on October 22, 2020. Text from the certification is shown as
regular text. Additions are shown in the bold, underlined text, and deletions are shown in red
strikethrough text.
Condition 1. Minimum Instream Flows
The Licensees shall provide instream flow releases at the following locations:
• Bucks Creek below Bucks Lake Dam;
• Bucks Creek below Lower Bucks Lake Dam;
• Grizzly Creek below Grizzly Forebay;
• Milk Ranch Creek below Three Lakes;
• Milk Ranch Creek at Milk Ranch Conduit Diversion No. 1; and
• South Fork Grouse Hollow Creek at Milk Ranch Conduit Diversion No. 3.
The Licensees shall provide minimum instream flows as specified in Tables 1 through 6. For
compliance purposes, the point of measurement for each required minimum instream flow is
described in the Streamflow and Reservoir Level Gaging Plan (Condition 13) and Tables 1
through 6.
The Licensees shall implement specified minimum instream flows within the first 90 days of the
new license term, as required in Tables 1 through 6.9 Where an instream flow release
structure must be modified or newly constructed (refer to the Streamflow and Reservoir Level
Gaging Plan – Condition 13), the Licensees shall complete the work as soon as reasonably
practicable, and within two years after receiving all required permits and approvals for the
work.
Flows shall be measured at the gage or Project location referenced in this condition unless
otherwise approved by the Deputy Director of the Division of Water Rights (Deputy
Director). The Licensees shall comply with applicable California laws and regulations
regarding measuring and monitoring water diversions, including California Code of
Regulations, title 23, section 933, and amendments thereto, and State Water Board
9 Releases made through manually operated valves may be subject to weather and road
conditions affecting access or operability, and they shall be made as soon as reasonably
practicable given the circumstances.
Document Accession #: 20251212-5090 Filed Date: 12/12/2025
ATTACHMENT A: BUCKS CREEK HYDROELECTRIC PROJECT WATER QUALITY
CERTIFICATION AMENDMENT TO CONDITION 1
(STRIKETHOUGH/UNDERLINE VERSION)
2
requirements to provide telemetered diversion data on a public website.10 The Licensees shall
post all gaged flow and other data to the California Data Exchange Center website, within 24-
hours of flow measurement, unless otherwise approved by the Deputy Director. The
Licensees shall publicly notice at an easily accessible location on the internet all known events
that will affect minimum flow releases (e.g., powerhouse outages, construction, etc.) a
minimum of 30 days in advance.
Flow Measurements and Reporting for Locations with Continuous Measurements (Table 2 and
Table 3). At locations with continuous instream flow measurements (see Tables 2 and 3),
minimum instream flows shall be measured as an average hourly flow calculated at the top of
each hour. At a minimum, the Licensees shall calculate the average hourly flow by taking the
mean of four instantaneous measurements at 15-minute intervals, as specified by United
States Geological Survey (USGS) standards. The average hourly instream flow shall be at
least 90 percent of the applicable minimum instream flow requirement set forth in Tables 2 and
3. If the average hourly flow temporarily falls below the applicable minimum instream flow
requirement (due to unforeseen circumstances such as debris blocking the intake, ice
conditions on the measurement weir, etc.) the Licensees shall restore the required minimum
instream flow as soon as reasonably practicable and notify the Deputy Director of the Division
of Water Rights (Deputy Director) within 24 hours of the temporary hourly flow deviation. For
any temporary average hourly instream flow decreases, the Licensee shall be document the
following items in the annual report: (a) duration of decreased flow; (b) cause of decreased
flow; and (c) actions the Licensees propose to take or have taken to prevent such a decrease
in flows in the future or a description of why such actions are not feasible.
The average daily flow shall meet the applicable minimum instream flow requirement. If the
average daily flow deviates below the applicable minimum instream flow requirement, the
Licensees shall file a report with: Federal Energy Regulatory Commission (FERC); United
States Department of Agriculture, Forest Service (Forest Service); United States Department
of the Interior, Fish and Wildlife Service (USFWS); California Department of Fish and Wildlife
(CDFW); and the Deputy Director within 30 days of the incident. The report shall identify, to
the extent possible, the cause, magnitude (i.e., instream flows measured versus instream flow
requirement), duration of the deviation, any observed or reported adverse environmental
impacts resulting from the deviation, all corrective actions taken, and actions the Licensees
propose to take to prevent such a decrease in flows in the future.
The Deputy Director may require the Licensees to implement corrective actions to prevent
similar future deviations in instream flows.
Flow Measurements and Reporting for Locations with Manual Data Collection (Table 1, Table
4, Table 5, and Table 6). At locations with manual data collection, the release valve shall be
10 Information regarding telemetered requirements are available at the State Water Board’s
Telemetry Requirements webpage, which is available online at:
https://www.waterboards.ca.gov/waterrights/water_issues/programs/measurement_regulation/t
elemetry_requirements.html. (Last Accessed October 21, 2020)
Document Accession #: 20251212-5090 Filed Date: 12/12/2025
ATTACHMENT A: BUCKS CREEK HYDROELECTRIC PROJECT WATER QUALITY
CERTIFICATION AMENDMENT TO CONDITION 1
(STRIKETHOUGH/UNDERLINE VERSION)
3
inspected and maintained at least once in each of the spring, summer, and fall of each year.
Seasonal inspection, maintenance, and documentation of valve settings will constitute
compliance with flow requirements at these locations. Adjustments to the valves during
seasonal inspections may be needed to comply with the prescribed minimum instream flows in
Tables 1, 4, 5, and 6, and adjustments to the valves shall be documented in the annual report
described below.
The minimum instream flow requirements listed in Tables 1, 4, 5, and 6 may be temporarily
modified as required for maintenance or repair of a dam, outlet facility, and minimum flow
release facility. The Licensees shall notify FERC, the Forest Service, CDFW, USFWS, and the
Deputy Director at least five business days prior to any such modification. The notification
shall include: a description of the temporary flow modification; reason for the temporary flow
modification; any potential impacts that may result from the temporary flow modification; and
anticipated duration of the temporary flow modification. The Deputy Director may require the
Licensees to defer the temporary flow modification or implement other actions as part of the
temporary flow modification.
The Licensees may request temporary minimum instream flow variances for planned
and/or non-emergency work including facility construction, modification, or
maintenance activities. Requests for temporary variance to the minimum instream flows
for non-emergency work shall be submitted to the Deputy Director for review and
consideration of approval as far in advance as practicable and no less than four months
in advance of the desired effective date. The Licensees shall notify the Forest Service,
CDFW and USFWS of the proposed temporary variance to minimum instream flows. The
request shall include: a description of the proposed work that necessitates the
variance, including a schedule for the proposed work; a description of the proposed
variance to minimum instream flows, including the planned duration and magnitude of
the variance; documentation of notification to the Forest Service, CDFW, USFWS and
any comments received; and proposed measures that will be implemented to protect
water quality and beneficial uses during the proposed minimum instream flow variance.
The Deputy Director may deny the request or require changes as part of any approval.
Upon Deputy Director approval of the variance, the Licensees shall provide public
notice of the planned variance on the Licensees’ Project webpage(s) and FERC docket a
minimum of 30 days in advance of the planned variance. The Licensees shall file with
the FERC any Deputy Director-approved variances to minimum instream flows and any
Deputy Director-approved amendments thereto.
The Licensees shall notify FERC, Forest Service, CDFW, USFWS, and the Deputy Director
within two business days after any modification of the minimum instream flows due to
operational emergencies beyond the control of the Licensees, or in the interest of public safety.
For the purposes of this condition, an “emergency” is defined as an event that is reasonably
out of the control of the Licensees and requires Licensees to take immediate action, either
unilaterally or under instruction by law enforcement or other regulatory agency staff, to prevent
imminent loss of human life or substantial property damage. An emergency may include but is
not limited to: natural events such as landslides, storms or wildfires; malfunction or failure of
Project works; and recreation accidents. Extremely dry conditions, including a drought for
Document Accession #: 20251212-5090 Filed Date: 12/12/2025
ATTACHMENT A: BUCKS CREEK HYDROELECTRIC PROJECT WATER QUALITY
CERTIFICATION AMENDMENT TO CONDITION 1
(STRIKETHOUGH/UNDERLINE VERSION)
4
which the Governor of the State of California declares a drought emergency for Plumas
County, shall not be considered an emergency for purposes of this condition.
Document Accession #: 20251212-5090 Filed Date: 12/12/2025
ATTACHMENT A: BUCKS CREEK HYDROELECTRIC PROJECT WATER QUALITY
CERTIFICATION AMENDMENT TO CONDITION 1
(STRIKETHOUGH/UNDERLINE VERSION)
5
Annual Reporting on Minimum Instream Flow Compliance. After consulting with and
incorporating any comments from the Forest Service, CDFW, USFWS, and State Water Board
staff, the Licensees shall submit the final annual report to the Deputy Director that summarizes
compliance with the minimum instream flow requirements during the prior water year 11 as
specified in Condition 25. The annual report shall be submitted to the Deputy Director no later
than December 15January 31 and shall include the items referenced below and in this
condition.
Continuous Monitoring: For all continuously gaged locations, daily mean data shall be
included in the report.
Manual Monitoring: At locations with flow releases based on manual valve settings, the
Licensees shall provide an annual report that includes:
• The dates the Licensees checked the outlet works/valves at each site from the
beginning of spring through fall;
• The estimated flow released at the time the valve was checked, along with a
comparison to the applicable minimum instream flow requirement;
• Documentation of any adjustments made at each site at the time the outlet
works/valves were checked and the estimated flow released following any
adjustments; and
• The date the valves were adjusted to the Winter Setting (WS) at Milk Ranch Creek
below Three Lakes (Table 4) and at Milk Ranch Conduit Division No. 1 (Table 5),
respectively. If the valve(s) was set to the WS prior to November 1, the Licensees
shall describe the conditions that required the early adjustment.
Deviations from Minimum Instream Flows: Any deviations from the minimum instream
flows outlined in this condition shall be summarized in the report, including all information
referenced earlier in this condition.
The Licensees shall review the instream flow annual report at the annual Ecological Consulting
Group (ECG) meeting (Condition 22).
11 A water year refers to the 12-month time period from October 1 to September 30.
Document Accession #: 20251212-5090 Filed Date: 12/12/2025
ATTACHMENT A: BUCKS CREEK HYDROELECTRIC PROJECT WATER QUALITY CERTIFICATION AMENDMENT
TO CONDITION 1
(STRIKETHOUGH/UNDERLINE VERSION)
6
Table 1. Bucks Creek Minimum Instream Flow Requirements Below Bucks Lake by Water Year Type (in
cubic feet per second [cfs]), as measured at Project ID BUCKS2
All 3 3 3 3 3 3 3 3 3 3 3 3
Table 2. Bucks Creek Minimum Instream Flow Requirements Below Lower Bucks Lake by Water Year Type (in
cfs), as measured at USGS Gage No. 11403530 (also referred to as Project ID NF82)
Critically Dry 6 4 4 4 6 7 7 7 6 6 6 6
Dry 6 5 5 5 6 8 8 8 8 6 6 6
Wet 8 8 8 8 10 15 15 15 11 10 8 8
Table 3. Grizzly Creek Minimum Instream Flow Requirements Below Grizzly Forebay by Water Year Type
(in cfs), as measured at USGS Gage No. 11404300 (also referred to as Project ID NF22)
Critically Dry 6 4 4 4 4 6 6 6 6 6 6 6
Normal 8 8 8 8 8 10 10 10 9 9 9 8
Document Accession #: 20251212-5090 Filed Date: 12/12/2025
ATTACHMENT A: BUCKS CREEK HYDROELECTRIC PROJECT WATER QUALITY CERTIFICATION AMENDMENT
TO CONDITION 1
(STRIKETHOUGH/UNDERLINE VERSION)
7
Table 4. Milk Ranch Creek Minimum Instream Flow Requirements Below Three Lakes by Water Year Type
(in cfs), as measured at Project ID MR2
Critically Dry 0.25 WS1 2
Dry 0.5 WS WS WS WS WS 0.52 0.5 0.5 0.5 0.5 0.5
2
Wet 2 WS WS WS WS WS 22 2 2 2 2 2
1 WS: “Winter Setting” refers to when the low-level outlet valve is fully-opened and the natural inflow equals the outflow
of the reservoir. The Licensees may open the outlet to the WS prior to November 1 if weather is predicted that may
restrict safe access to the valve house.
2 The Licensees shall adjust the valve within two business days, or as soon thereafter as accessible, following the
publication of California Department of Water Resources water year forecast of unimpaired runoff in the Feather
River at Oroville as set forth in Bulletin 120.
Table 5. Milk Ranch Creek Minimum Instream Flow Requirements at Milk Ranch Conduit Diversion No. 1 by
Water Year Type (in cfs), as measured at Project ID MRC1
Critically Dry 0.25 0.251 0.251 0.251 0.251 0.251 0.252 0.25 0.25 0.25 0.25 0.25
1 1 1 1 1 2
Normal 1 0.251 0.251 0.251 0.251 0.251 12 1 1 1 1 1
1 1 1 1 1 2,3 3 3 3 3
1 0.25 or natural inflow, whichever is less. The Licensees may set the outlet to 0.25 cfs prior to November 1 if weather
is predicted that may restrict safe access to the diversion.
2 The Licensees shall adjust the valve within two business days, or as soon thereafter as accessible, following the
publication of the California Department of Water Resources water year forecast of unimpaired runoff in the Feather
River at Oroville as set forth in Bulletin 120.
3 If conditions are met in accordance with Condition 9 – Milk Ranch Conduit Closure, bypass flows shall be
implemented from April through August 15 in wet water years.
Document Accession #: 20251212-5090 Filed Date: 12/12/2025
ATTACHMENT A: BUCKS CREEK HYDROELECTRIC PROJECT WATER QUALITY CERTIFICATION AMENDMENT
TO CONDITION 1
(STRIKETHOUGH/UNDERLINE VERSION)
8
Table 6. South Fork Grouse Hollow Creek Minimum Instream Flow Requirements at Milk Ranch Conduit
Diversion No. 3 by Water Year Type (in cfs), as measured at Project ID MRC2
All 0.51 1 1 1 1 1 1 1 1 1 1 1
1 0.5 or natural inflow, whichever is less.
Document Accession #: 20251212-5090 Filed Date: 12/12/2025
1
ATTACHMENT B: BUCKS CREEK HYDROELECTRIC PROJECT WATER QUALITY
CERTIFICATION AMENDMENTS TO CONDITION 1 (CLEAN VERSION)
This attachment shows the clean version of Condition 1: Minimum Instream Flows of the water
quality certification (certification) for Pacific Gas and Electric Company’s Bucks Creek
Hydroelectric Project), issued on October 22, 2020. Text from the certification is shown as
regular text.
Condition 1. Minimum Instream Flows
The Licensees shall provide instream flow releases at the following locations:
• Bucks Creek below Bucks Lake Dam;
• Bucks Creek below Lower Bucks Lake Dam;
• Grizzly Creek below Grizzly Forebay;
• Milk Ranch Creek below Three Lakes;
• Milk Ranch Creek at Milk Ranch Conduit Diversion No. 1; and
• South Fork Grouse Hollow Creek at Milk Ranch Conduit Diversion No. 3.
The Licensees shall provide minimum instream flows as specified in Tables 1 through 6. For
compliance purposes, the point of measurement for each required minimum instream flow is
described in the Streamflow and Reservoir Level Gaging Plan (Condition 13) and Tables 1
through 6.
The Licensees shall implement specified minimum instream flows within the first 90 days of the
new license term, as required in Tables 1 through 6.9 Where an instream flow release
structure must be modified or newly constructed (refer to the Streamflow and Reservoir Level
Gaging Plan – Condition 13), the Licensees shall complete the work as soon as reasonably
practicable, and within two years after receiving all required permits and approvals for the
work.
Flows shall be measured at the gage or Project location referenced in this condition unless
otherwise approved by the Deputy Director of the Division of Water Rights (Deputy Director).
The Licensees shall comply with applicable California laws and regulations regarding
measuring and monitoring water diversions, including California Code of Regulations, title 23,
section 933, and amendments thereto, and State Water Board requirements to provide
telemetered diversion data on a public website.10 The Licensees shall post all gaged flow and
9 Releases made through manually operated valves may be subject to weather and road
conditions affecting access or operability, and they shall be made as soon as reasonably
practicable given the circumstances.
10 Information regarding telemetered requirements are available at the State Water Board’s
Telemetry Requirements webpage, which is available online at:
https://www.waterboards.ca.gov/waterrights/water_issues/programs/measurement_regulation/t
elemetry_requirements.html. (Last Accessed October 21, 2020)
Document Accession #: 20251212-5090 Filed Date: 12/12/2025
ATTACHMENT B: BUCKS CREEK HYDROELECTRIC PROJECT WATER QUALITY
CERTIFICATION AMENDMENTS TO CONDITION 1 (CLEAN VERSION)
2
other data to the California Data Exchange Center website, within 24-hours of flow
measurement, unless otherwise approved by the Deputy Director. The Licensees shall
publicly notice at an easily accessible location on the internet all known events that will affect
minimum flow releases (e.g., powerhouse outages, construction, etc.) a minimum of 30 days in
advance.
Flow Measurements and Reporting for Locations with Continuous Measurements (Table 2 and
Table 3). At locations with continuous instream flow measurements (see Tables 2 and 3),
minimum instream flows shall be measured as an average hourly flow calculated at the top of
each hour. At a minimum, the Licensees shall calculate the average hourly flow by taking the
mean of four instantaneous measurements at 15-minute intervals, as specified by United
States Geological Survey (USGS) standards. The average hourly instream flow shall be at
least 90 percent of the applicable minimum instream flow requirement set forth in Tables 2
and 3. If the average hourly flow temporarily falls below the applicable minimum instream flow
requirement (due to unforeseen circumstances such as debris blocking the intake, ice
conditions on the measurement weir, etc.) the Licensees shall restore the required minimum
instream flow as soon as reasonably practicable and notify the Deputy Director within 24 hours
of the temporary hourly flow deviation. For any temporary average hourly instream flow
decreases, the Licensee shall be document the following items in the annual report: (a)
duration of decreased flow; (b) cause of decreased flow; and (c) actions the Licensees
propose to take or have taken to prevent such a decrease in flows in the future or a description
of why such actions are not feasible.
The average daily flow shall meet the applicable minimum instream flow requirement. If the
average daily flow deviates below the applicable minimum instream flow requirement, the
Licensees shall file a report with: Federal Energy Regulatory Commission (FERC); United
States Department of Agriculture, Forest Service (Forest Service); United States Department
of the Interior, Fish and Wildlife Service (USFWS); California Department of Fish and Wildlife
(CDFW); and the Deputy Director within 30 days of the incident. The report shall identify, to
the extent possible, the cause, magnitude (i.e., instream flows measured versus instream flow
requirement), duration of the deviation, any observed or reported adverse environmental
impacts resulting from the deviation, all corrective actions taken, and actions the Licensees
propose to take to prevent such a decrease in flows in the future.
The Deputy Director may require the Licensees to implement corrective actions to prevent
similar future deviations in instream flows.
Flow Measurements and Reporting for Locations with Manual Data Collection (Table 1, Table
4, Table 5, and Table 6). At locations with manual data collection, the release valve shall be
inspected and maintained at least once in each of the spring, summer, and fall of each year.
Seasonal inspection, maintenance, and documentation of valve settings will constitute
compliance with flow requirements at these locations. Adjustments to the valves during
seasonal inspections may be needed to comply with the prescribed minimum instream flows in
Tables 1, 4, 5, and 6, and adjustments to the valves shall be documented in the annual report
described below.
Document Accession #: 20251212-5090 Filed Date: 12/12/2025
ATTACHMENT B: BUCKS CREEK HYDROELECTRIC PROJECT WATER QUALITY
CERTIFICATION AMENDMENTS TO CONDITION 1 (CLEAN VERSION)
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The Licensees may request temporary minimum instream flow variances for planned and/or
non-emergency work including facility construction, modification, or maintenance activities.
Requests for temporary variance to the minimum instream flows for non-emergency work shall
be submitted to the Deputy Director for review and consideration of approval as far in advance
as practicable and no less than four months in advance of the desired effective date. The
Licensees shall notify the Forest Service, CDFW and USFWS of the proposed temporary
variance to minimum instream flows. The request shall include: a description of the proposed
work that necessitates the variance, including a schedule for the proposed work; a description
of the proposed variance to minimum instream flows, including the planned duration and
magnitude of the variance; documentation of notification to the Forest Service, CDFW,
USFWS and any comments received; and proposed measures that will be implemented to
protect water quality and beneficial uses during the proposed minimum instream flow variance.
The Deputy Director may deny the request or require changes as part of any approval. Upon
Deputy Director approval of the variance, the Licensees shall provide public notice of the
planned variance on the Licensees’ Project webpage(s) and FERC docket a minimum of 30
days in advance of the planned variance. The Licensees shall file with the FERC any Deputy
Director-approved variances to minimum instream flows and any Deputy Director-approved
amendments thereto.
The Licensees shall notify FERC, Forest Service, CDFW, USFWS, and the Deputy Director
within two business days after any modification of the minimum instream flows due to
operational emergencies beyond the control of the Licensees, or in the interest of public safety.
For the purposes of this condition, an “emergency” is defined as an event that is reasonably
out of the control of the Licensees and requires Licensees to take immediate action, either
unilaterally or under instruction by law enforcement or other regulatory agency staff, to prevent
imminent loss of human life or substantial property damage. An emergency may include but is
not limited to: natural events such as landslides, storms or wildfires; malfunction or failure of
Project works; and recreation accidents. Extremely dry conditions, including a drought for
which the Governor of the State of California declares a drought emergency for Plumas
County, shall not be considered an emergency for purposes of this condition.
Annual Reporting on Minimum Instream Flow Compliance. After consulting with and
incorporating any comments from the Forest Service, CDFW, USFWS, and State Water Board
staff, the Licensees shall submit the final annual report to the Deputy Director that summarizes
compliance with the minimum instream flow requirements during the prior water year 11 as
specified in Condition 25. The annual report shall be submitted to the Deputy Director no later
than January 31 and shall include the items referenced below and in this condition.
Continuous Monitoring: For all continuously gaged locations, daily mean data shall be
included in the report.
Manual Monitoring: At locations with flow releases based on manual valve settings, the
Licensees shall provide an annual report that includes:
11 A water year refers to the 12-month time period from October 1 to September 30.
Document Accession #: 20251212-5090 Filed Date: 12/12/2025
ATTACHMENT B: BUCKS CREEK HYDROELECTRIC PROJECT WATER QUALITY
CERTIFICATION AMENDMENTS TO CONDITION 1 (CLEAN VERSION)
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• The dates the Licensees checked the outlet works/valves at each site from the
beginning of spring through fall;
• The estimated flow released at the time the valve was checked, along with a
comparison to the applicable minimum instream flow requirement;
• Documentation of any adjustments made at each site at the time the outlet
works/valves were checked and the estimated flow released following any
adjustments; and
• The date the valves were adjusted to the Winter Setting (WS) at Milk Ranch Creek
below Three Lakes (Table 4) and at Milk Ranch Conduit Division No. 1 (Table 5),
respectively. If the valve(s) was set to the WS prior to November 1, the Licensees
shall describe the conditions that required the early adjustment.
Deviations from Minimum Instream Flows: Any deviations from the minimum instream
flows outlined in this condition shall be summarized in the report, including all information
referenced earlier in this condition.
The Licensees shall review the instream flow annual report at the annual Ecological Consulting
Group (ECG) meeting (Condition 22).
Document Accession #: 20251212-5090 Filed Date: 12/12/2025
ATTACHMENT B: BUCKS CREEK HYDROELECTRIC PROJECT WATER QUALITY CERTIFICATION AMENDMENTS TO
CONDITION 1 (CLEAN VERSION)
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Table 1. Bucks Creek Minimum Instream Flow Requirements Below Bucks Lake by Water Year Type (in cubic feet
per second [cfs]), as measured at Project ID BUCKS2
Water Year Type Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
All 3 3 3 3 3 3 3 3 3 3 3 3
Table 2. Bucks Creek Minimum Instream Flow Requirements Below Lower Bucks Lake by Water Year Type (in cfs), as
measured at USGS Gage No. 11403530 (also referred to as Project ID NF82)
Water Year Type Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Critically Dry 6 4 4 4 6 7 7 7 6 6 6 6
Dry 6 5 5 5 6 8 8 8 8 6 6 6
Normal 6 6 6 6 8 12 12 12 9 8 8 7
Wet 8 8 8 8 10 15 15 15 11 10 8 8
Table 3. Grizzly Creek Minimum Instream Flow Requirements Below Grizzly Forebay by Water Year Type (in cfs),
as measured at USGS Gage No. 11404300 (also referred to as Project ID NF22)
Water Year Type Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Critically Dry 6 4 4 4 4 6 6 6 6 6 6 6
Dry 6 6 6 6 6 8 8 8 8 8 8 6
Normal 8 8 8 8 8 10 10 10 9 9 9 8
Wet 9 9 9 9 10 13 13 13 11 10 10 9
Document Accession #: 20251212-5090 Filed Date: 12/12/2025
ATTACHMENT B: BUCKS CREEK HYDROELECTRIC PROJECT WATER QUALITY CERTIFICATION AMENDMENTS TO
CONDITION 1 (CLEAN VERSION)
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Table 4. Milk Ranch Creek Minimum Instream Flow Requirements Below Three Lakes by Water Year Type (in cfs),
as measured at Project ID MR2
Water Year Type Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Critically Dry 0.25 WS1 WS WS WS WS 0.252 0.25 0.25 0.25 0.25 0.25
Dry 0.5 WS WS WS WS WS 0.52 0.5 0.5 0.5 0.5 0.5
Normal 1 WS WS WS WS WS 12 1 1 1 1 1
Wet 2 WS WS WS WS WS 22 2 2 2 2 2
1 WS: “Winter Setting” refers to when the low-level outlet valve is fully-opened and the natural inflow equals the outflow of the
reservoir. The Licensees may open the outlet to the WS prior to November 1 if weather is predicted that may restrict safe
access to the valve house.
2 The Licensees shall adjust the valve within two business days, or as soon thereafter as accessible, following the publication
of California Department of Water Resources water year forecast of unimpaired runoff in the Feather River at Oroville as set
forth in Bulletin 120.
Table 5. Milk Ranch Creek Minimum Instream Flow Requirements at Milk Ranch Conduit Diversion No. 1 by Water
Year Type (in cfs), as measured at Project ID MRC1
Water Year Type Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Critically Dry 0.25 0.251 0.251 0.251 0.251 0.251 0.252 0.25 0.25 0.25 0.25 0.25
Dry 0.5 0.251 0.251 0.251 0.251 0.251 0.52 0.5 0.5 0.5 0.5 0.5
Normal 1 0.251 0.251 0.251 0.251 0.251 12 1 1 1 1 1
Wet 2 0.251 0.251 0.251 0.251 0.251 22,3 23 23 23 23 2
1 0.25 or natural inflow, whichever is less. The Licensees may set the outlet to 0.25 cfs prior to November 1 if weather is
predicted that may restrict safe access to the diversion.
2 The Licensees shall adjust the valve within two business days, or as soon thereafter as accessible, following the publication
of the California Department of Water Resources water year forecast of unimpaired runoff in the Feather River at Oroville
as set forth in Bulletin 120.
3 If conditions are met in accordance with Condition 9 – Milk Ranch Conduit Closure, bypass flows shall be implemented from
April through August 15 in wet water years.
Document Accession #: 20251212-5090 Filed Date: 12/12/2025
ATTACHMENT B: BUCKS CREEK HYDROELECTRIC PROJECT WATER QUALITY CERTIFICATION AMENDMENTS TO
CONDITION 1 (CLEAN VERSION)
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Table 6. South Fork Grouse Hollow Creek Minimum Instream Flow Requirements at Milk Ranch Conduit Diversion
No. 3 by Water Year Type (in cfs), as measured at Project ID MRC2
WY Type Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
All 0.51 0.51 0.51 0.51 0.51 0.51 0.51 0.51 0.51 0.51 0.51 0.51
1 0.5 or natural inflow, whichever is less
Document Accession #: 20251212-5090 Filed Date: 12/12/2025
Certificate of Service
I hereby certify that I have filed electronically with the Federal Energy Regulatory Commission
and served the foregoing document upon each person designated on the official service list
compiled by the Secretary in this proceeding.
Dated this 11th day of December 2025.
___________________________________
Nathan Fisch
Senior Environmental Scientist
Division of Water Rights
State Water Resources Control Board
Bryan.Muro@waterboards.ca.gov
Document Accession #: 20251212-5090 Filed Date: 12/12/2025
Document Content(s)
Bucks Creek Amendment_COS.pdf.............................................1
Document Accession #: 20251212-5090 Filed Date: 12/12/2025