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Streambed Alteration Agreements. Notification Required F&GC § 1600  Notification is required for any project that will: –substantially divert or obstruct.

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Presentation on theme: "Streambed Alteration Agreements. Notification Required F&GC § 1600  Notification is required for any project that will: –substantially divert or obstruct."— Presentation transcript:

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

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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


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