Streambed Alteration Agreements

1. Streambed Alteration Agreements

2. Notification Required F&GC § 1600 • Notification is required for any project that will: • substantially divert or obstruct the natural flow; • substantially change or use any material from; • deposit or dispose of waste where it may pass into the bed, channel, or bank of any river, stream, or lake

3. Definitions • F&GC § 1802 • The department has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat... • F&GC § 45 • “Fish” means wild fish, mollusks, crustaceans, invertebrates, or amphibians, including any part, spawn, or ova thereof.

4. Definitions • 14 CCR § 1.72 • A stream is a body of water that flows at least periodically or intermittently through a bed or channel having banks and supports fish or other aquatic life. This includes watercourses having a surface or subsurface flow that supports or has supported riparian vegetation.

5. Definitions • “Substantial” • No definitions in legal opinions or case law • Whether the action/project could “adversely affect” fish or wildlife resources

6. 1600 Jurisdiction

7. 1600 Jurisdiction

9. Emergencies • “Emergency” means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property or essential public services. • Entity conducting work must notify within 14 days

10. The End