State Water Resources Control Board Submits Document to Federal Energy Regulatory Commission for Water Quality Certification

Strategic Insights -

The State Water Resources Control Board (CA) has submitted a document to the Federal Energy Regulatory Commission (FERC) regarding the application for water quality certification for the New Bullards Bar Atmoshperic River Control Spillway Project (Project). The Project, located in Yuba, Nevada, and Sierra Counties, involves the construction of a new dam and spillway on the Yuba River to improve water quality and prevent flooding. The State Water Board has reviewed the Project's certification application and determined that it is complete and pending before the Board.

Key Takeaways:

  • The Project's certification application is complete and pending before the State Water Board, with a review period not to exceed one year (by June 10, 2026).
  • The State Water Board must ensure compliance with water quality standards and other appropriate requirements of state law, including the Central Valley Basin Plan and the Bay-Delta Plan.
  • The beneficial uses of the Yuba River from Englebright Reservoir to Englebright Dam are: municipal and domestic supply, irrigation, stock watering, power, contact recreation, canoeing and rafting, other non-contact recreation, cold freshwater habitat, cold spawning, and wildlife habitat.
  • The Bay-Delta Plan establishes water quality objectives to protect beneficial uses of water in the San Francisco Bay/Sacramento-San Joaquin Delta Estuary and tributary watersheds.
  • The Project's certification application includes a Final Environmental Impact Report and a Notice of Determination, which were filed on December 6, 2024 and December 17, 2024, respectively.
  • The State Water Board has historically developed the water quality control plan for the Bay-Delta for several reasons, including the Bay-Delta's importance as a natural resource and water supply system.
  • The State Water Board must rely on the environmental documents prepared by the lead agency, but makes its own determination as to whether and with what conditions to issue a certification.

Statistics:

  • 1 year: Review period for the Project's certification application (June 10, 2026)
  • 33 U.S.C. § 1341: Section of the federal Clean Water Act requiring certification from the State for federal licenses or permits.
  • 401 certification: Process for obtaining certification from the State for federal licenses or permits.
  • 23 Cal. Code Regs. § 3835: Procedure for certification applications.
  • 2026: Year by which the State Water Board must complete its review of the Project's certification application.

Sources:

  • California Environmental Protection Agency - State Water Resources Control Board (2025) - June 10, 2025 letter to Jacob Vander Meulen.
  • Federal Energy Regulatory Commission (FERC) - Yuba River Development Project (2024).
  • Central Valley Regional Water Quality Control Board (2019) - Central Valley Basin Plan.
  • State Water Board (2018) - Bay-Delta Plan.
  • Clean Water Act (33 U.S.C. § 1341).
  • California Code of Regulations (23 Cal. Code Regs. § 3835).