Take action now! In response to a rulemaking petitions for instream flows on the Scott and Shasta Rivers, the California State Water Resources Control Board (Water Board) plans to adopt a proposed resolution regarding flow efforts in the Scott River and Shasta River watersheds. Low flows have resulted in a rapid decline of salmonids in the Scott and Shasta Rivers, which are a salmon stronghold where a large percentage of Klamath salmon spawn and rear. 

The Water Board has prepared a draft resolution to direct staff to:

1. develop reports, science, economic impacts and models to establish baseline minimum instream flow requirements; and 
2. solicit input regarding whether to readopt Emergency Regulations the Scott and Shasta River Watersheds adopted in December 2023, or a similar emergency regulation, or alternatives to the emergency regulations. 

We are grateful that the Water Board has begun the process of establishing minimum flow regulations in these watersheds. However, the baseline minimum flow requirements are not adequate to ensure the recovery of Endangered Species Act listed coho salmon or other rapidly declining populations of salmonids. In all reality, these watersheds need recovery flows. 

A “recovery flow” is the flow and temperature needed to achieve survival and recovery of endangered species, and avoid conditions that jeopardize the continued existence of endangered species. A “baseline minimum” flow is the flow and temperature appropriate to a stream system even in very dry years, sufficient to avoid severe and unreasonable anthropogenic drought impacts but not tailored to reflect the varied flows under which species and their ecosystems evolved and need for resilience and sustainability over time in a changing climate.

The Scott and Shasta Rivers provide important habitat for endangered salmon fisheries. The Scott River was historically a stronghold for both coho and Chinook salmon in the Klamath; however, now most of the premier spawning ground dries up and remains inaccessible during Chinook migration and is often de-watered during juvenile salmonid out-migration. The Shasta River also held large runs of Chinook and coho salmon. Now, because of dams and diversions, this largely cold water, volcanic spring-fed river becomes lethal to fish through most of the summer.

The Water Board could use any of several formal paths to achieve minimum instream flows, but big ag interests continually push for more water deliveries, lower instream flows, voluntary agreements, and restricted public access to parcel data, which prohibits community members from identifying and reporting curtailment violations, and allows irrigators to avoid compliance with water use restrictions without public oversight.

We need your help to speak up for the Scott and Shasta Rivers by asking the Water Board to expeditiously develop legally enforceable minimum flow requirements that will put us firmly on the path to implement flow changes necessary to ensure recovery flows for salmonids that are on the brink of extinction as soon as possible. 

There are two things you can do:

1. Scroll down to submit a public comment letter to the Water Board by noon on Thursday October 10th. Send an official public comment letter to the Water Board asking for a resolution that results in recovery flows (not baseline flows) with time bound actions and deliverables. 
2. Virtually attend the Water Board Hearing at 10am on October 16, 2024 and provide Oral Comments. If you are able to also make a brief (likely 3-minute) public comment at the Water Board Hearing on October 16, 2024 at or about 10am, please complete the virtual speaker card using the online form. The Clerk will respond to your form with the password for the meeting. Should you have any questions or problems please send an email to: Board.Clerk@waterboards.ca.gov If you do not submit a form, you cannot participate in the Zoom meeting until you receive an email with the password. This means you may need to begin watching the webcast available at either https://www.youtube.com/user/BoardWebSupport/COVID-19 - Water Boards response to COVID-19 or https://video.calepa.ca.gov/COVID-19 - Water Boards response to COVID-19 (closed captioning available).

TALKING POINTS:

• Thank the Water Board for taking concrete actions and committing to taking steps forward to build the foundation for adopting permanent flows. 
• The history of these rivers shows that responsible agencies need to intervene, because voluntary actions and self reported data are not adequate to ensure the survival of salmonids. 
• Ask for recovery flows, not just bare minimum survival “baseline” flows. 
• Under the existing emergency regulations, baseline flows have not been met for weeks at a time during critically dry months, resulting in tributaries running dry, and strandings of juvenile salmon.
• Emphasize the importance of taking action swiftly to ensure the survival of salmon and prevent extinction.
• Ask for time bound measurables and actions to keep the project on track for success. 
• The situation on the Scott and Shasta Rivers is a crisis. The Water Board has asked for long term action, but we need immediate action that results in adequate flows to ensure recovery of salmon populations that have already dropped below depensation thresholds. 
• The Water Board lacks staff to enforce curtailments and it is relying on citizen monitoring, but the publicly available documents have APN data redacted so it is impossible to report violators if curtailed irrigators are anonymous, leaving community members unable to report violations. 

Please take action!