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:
Streambed Alteration Agreements
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
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.
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.
Definitions “Substantial” –No definitions in legal opinions or case law –Whether the action/project could “adversely affect” fish or wildlife resources
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