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Instream Flow Appropriation Notices |
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2009 Proposed Appropriations |
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2008 Proposed/Pending Appropriations |
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Pre-Hearing Conference Notices & Orders |
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Current Streamflow Conditions |
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Instream Flow Natural Lake Level Water Rights Database |
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Frequently Asked Questions |
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Agreements with Federal Agencies |
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Each year, the CWCB staff reviews over water right applications, over Substitute Supply Plans, and approximately Corps of Engineers’ “404” permit applications to prevent injury to instream flow and natural lake level water rights.
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Legal Protection
Once decrees are obtained for instream flow or natural lake water rights, it is important to ensure flows or levels are protected. This program area protects the Board’s existing water rights from injury. This is accomplished by reviewing and evaluating all new water right applications for potential impacts to ISF rights, and by filing Statements of Opposition with the water court if there is a potential for injury. When a Statement of Opposition is filed, the Board staff and the State Attorney General’s Office work with the applicant to develop terms and conditions to allow the application to go forward, while providing full protection for the ISF rights. In cases where the parties cannot agree on adequate terms and conditions, staff consults with the Board members and the Attorney General’s Office, and may pursue litigation.
- Review monthly water court resume to determine potential impacts to ISF water rights.
- File Statements of Opposition.
- Negotiate and develop terms and conditions that will provide full protection to ISF rights.
- Coordinate with the Attorney General’s Office on settlement negotiations, case resolution or litigation if necessary.
- Resolve contested ISF appropriations (coordinate with New Appropriations Team).
- Maintain the Legal Protection Database.
- Assure statewide consistency regarding legal protection of instream flow water rights.
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