According to newspaper reports (here and here), a Mendocino County Superior Court Judge has granted a grape grower’s request to stay the Russian River Frost Control Regulation until the legality of the Regulation is determined. KMTG staff contacted the Court Clerk’s office to obtain a copy of the Court's order and was advised that Judge Ann Moorman has taken the stay request under submission and will provide the parties with a written order. Judge Moorman presides over the civil lawsuit filed by Rudolph Light, a Redwood Valley grape grower, challenging the legality of the Frost Control Regulation adopted by the State Water Resources Control Board (Board) late last year.
As we previously reported, the Frost Control Regulation seeks to regulate the diversion of water from the Russian River stream system for the purposes of frost protection, by requiring diverters to develop a detailed Water Demand Management Program (WDMP). Under the Regulation, diverters who use water for frost protection, such as grape growers, were required to submit a WDMP to the Board by February 1st, which must be approved by the Board before water could be diverted for frost protection. The purpose of the Regulation is to monitor and coordinate frost protection water diversions so that peaks in water demand can be mitigated, to avoid the stranding of salmonids resulting from rapid declines in stream flow.
Last week's news reports indicate that Judge Moorman decided to postpone the enforcement of the Frost Control Regulation until the court rules on the legality of the challenged Regulation. A stay would mean that Russian River farmers will not be required to comply with the new Regulation while the lawsuit challenging the legality of the Regulation remains pending.
For more information regarding this matter, please contact Elizabeth Leeper or the KMTG attorney with whom you normally consult.
Showing posts with label Water Demand Management Program. Show all posts
Showing posts with label Water Demand Management Program. Show all posts
Monday, February 6, 2012
Thursday, September 22, 2011
State Water Resources Control Board Adopts Russian River Frost Protection Regulation
On Tuesday, September 20, 2011, the State Water Resources Control Board adopted a new regulation governing the diversion of water for frost protection in the Russian River Russian River
The first WDMPs must be submitted to the State Water Board by February 1, 2012. Any amendments are due by February 1 prior to each frost season.
The regulation states that the purpose of the WDMP is to "assess the extent to which diversions for frost protection affect stream stage and manage diversions to prevent cumulative diversions for frost protection from causing a reduction in stream stage that causes stranding mortality" of fish. Each WDMP must include, at a minimum "(1) an inventory of frost diversion system in the area covered by the plan, (2) a stream stage monitoring program, (3) an assessment of the potential risk of stranding mortality due to frost diversions, (4) the identification and timelines for implementation of any corrective actions necessary to prevent stranding mortality caused by frost diversions, and (5) annual reporting of program data, activities, and results."
While individual diverters are not required to join a larger WDMP, the regulation appears to contemplate that multiple diverters will join together and adopt plans administered by a governing body. However, each diverter must have a plan, whether individually or as part of a group. Failure to adopt and submit a WDMP, or failure to implement the WDMP, particularly any corrective actions, could subject the diverter to State Water Board enforcement action.
If you have any questions concerning this regulation, please contact Andrew Tauriainen, or the KMTG attorney with whom you normally consult.
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