Advancing A Term Sheet for the Voluntary Agreements Program to Update and Implement the Bay-Delta Water Quality Control Plan - Memorandum of Understanding - March 29 2022

Sep 11, 2026

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Memorandum of Understanding signed by the Parties’ executive leadership to advance an attached Term Sheet for Voluntary Agreements. The recitals describe the State Water Resources Control Board and regional boards’ authority under the Porter-Cologne Act, the Bay-Delta Plan’s history and implementation program, and the Governor’s principles requiring durable, enforceable voluntary agreements approved by regulators. The document explains the Parties’ intent to integrate flow and non-flow measures through an adaptive management, science-based approach while coordinating submission for State Water Board consideration.

LanguageEnglish

CategoryLetters

FormatPDF

Pages45

Reading Time16 min

AccessFree to download

Memorandum of Understanding

Recitals

Understandings

Intent of the Signatories

MEMORANDUM OF UNDERSTANDING ADVANCING A TERM SHEET FOR THE VOLUNTARY AGREEMENTS TO UPDATE AND IMPLEMENT THE BAY-DELTA WATER QUALITY CONTROL PLAN, AND OTHER RELATED ACTIONS March 29, 2022 This “Memorandum of Understanding”(MOU) is signed by the Parties, through their executive leadership, to advance the attached Term Sheet for Voluntary Agreements. RECITALS A. The State Water Resources Control Board (State Water Board) and the nine regional water quality control boards administer the Porter-Cologne Water Quality Control Act (Wat. Code, § 13000 et seq.) (Porter-Cologne Act) to achieve an effective water quality control program for the state and are responsible for the regulation of activities and factors that may affect the quality of the waters of the state. B. The State Water Board is authorized to adopt a water quality control plan in accordance with the provisions of Water Code sections 13240 through 13244, insofar as they are applicable (Wat. Code, § 13170) . C. The State Water Board has adopted a Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (Bay-Delta Plan) . It first adopted the plan in 1978, amending it in 1995, 2006, and 2018. In 2008, it initiated its periodic review and began proceedings to update the current Bay-Delta Plan. D. The Bay-Delta Plan designates beneficial uses of the waters of the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (Bay-Delta watershed), establishes water quality objectives for the protection of those beneficial uses, and establishes a program of implementation to implement those objectives. E. In May 2017 then-Governor Edmund G. Brown, Jr. issued “Principles for Voluntary Agreements” stating in relevant part: “The goal is to negotiate durable and enforceable Voluntary Agreements that will be approved by applicable regulatory agencies, will represent the program of implementation for the water quality objectives for the lower San Joaquin and Sacramento Rivers and Delta, will forego an adjudicatory proceeding related to water rights, and will resolve disputes among the parties regarding water management in the Sacramento-San Joaquin-Bay-Delta Watershed.” F. Interested parties, including state and federal agencies, municipal and agricultural water suppliers, and others undertook extensive efforts beginning in 2017 to negotiate Voluntary Agreements. On December 12, 2018, the Directors of California Department of Fish and Wildlife (CDFW) and California Department of Water Resources (CDWR) appeared before the State Water Board and presented the results of the negotiation process to date. Specifically, the Directors presented a “Framework Proposal for Voluntary Agreements to Update and Implement the Bay-Delta Water Quality Control Plan”(Framework Proposal) . G. On December 12, 2018, the State Water Board adopted Resolution No. 2018-0059 to update the 2006 Bay-Delta Plan. First, it amended the water quality objectives for the protection of fish and wildlife beneficial uses in the Lower San Joaquin River (LSJR) and its three eastside tributaries, the Stanislaus, Tuolumne, and Merced Rivers, and agricultural beneficial uses in the southern Delta. It also amended the program of implementation for those objectives. It approved and adopted the Substitute Environmental Document (SED) for the Lower San Joaquin River. Ordering paragraph 7 of Resolution No. 2018-0059 states: “The State Water Board directs staff to provide appropriate technical and regulatory information to assist the California Natural Resources Agency in completing a Delta watershed-wide agreement, including potential flow and non-flow measures for the Tuolumne River, and associated analyses no later than March 1, 2019. State Water Board staff shall incorporate the Delta watershed-wide agreement, including potential amendments to implement agreements related to the Tuolumne River, as an alternative fora future, comprehensive Bay-Delta Plan update that addresses

FAQs

What is the purpose of the Memorandum of Understanding signed on March 29, 2022?

It advances the attached Term Sheet for Voluntary Agreements, to update and implement the Bay-Delta water quality control plan through an agreed voluntary program.

Which legal framework authorizes the State Water Board to adopt and update water quality control plans?

The Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.) provides the authority, including provisions referenced for adopting water quality control plans.

What approach do the Parties intend to take regarding flow and non-flow measures?

They intend a comprehensive integration of flow and non-flow measures, including habitat restoration, subject to adaptive management based on an ongoing science program.

Sep 11, 2026

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