Stream Depletion from an Ecological Perspective August 29, 2017 Kristal Davis Fadtke, Senior Environmental Scientist California Department of Fish and Wildlife

Regulatory Authority CDFW is designated as trustee for California’s fish and wildlife (FGC §711.7) and has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations (FGC §1802). CDFW is always a trustee agency when projects may affect fish, wildlife, or their habitats (CEQA Guidelines 15386(a)). CDFW can authorize take of species listed as endangered, threatened, candidate, or a rare plant, if that take is incidental to otherwise lawful activities and if certain conditions are met (FGC §2081(b)). The Department administers the California Endangered Species Act and other provisions of the Fish and Game Code that conserve the State’s fish and wildlife public trust resources. Examples of where is this authority normally applied include: 1. CDFW reviews and comments on CEQA environmental documents as the trustee and/or responsible agency 2. Issue an incidental take permit (ITP).

Lake and Streambed Alteration Fish and Game Code section 1602 requires an entity to notify CDFW prior to commencing any activity that may do one or more of the following: Substantially divert or obstruct the natural flow of any river, stream or lake; Substantially change or use any material from the bed, channel or bank of any river, stream, or lake; or Deposit debris, waste or other materials that could pass into any river, stream or lake. CDFW requires an LSA Agreement when it determines that the activity may substantially adversely affect existing fish or wildlife resources As you can see with these authorities, CDFW makes findings on whether adverse impacts are occurring to fish and wildlife resources. These occur on a project level and would be applicable to projects developed to implement a GSP. Now I would like to speak to other Department activities that GSAs may want to consider as they set minimum thresholds and measurable objectives for streamflow depletion.

Instream Flow Program PRC §10000-10005 – mandated to identify minimum flow levels Instream flow criteria: A regime of varying water flow and levels to protect fish and wildlife and the habitats that support them Certain fish and/or wildlife are reliant upon stream-related ecosystems, which in turn are reliant upon adequate instream flows. CDFW’s Instream Flow Program develops flow criteria for streams throughout the state as required by Public Resources Code (§10000-10005) mandates Understanding the instream flow criteria for a system is necessary to understand how streamflow depletion may be impacting that system As directed by state law, the Department develops flow criteria, which identifies instream flows needed to protect fish and wildlife and the habitats that support them These criteria may become flow recommendations, which are proposed flow requirements that are transmitted to the SWRCB for their consideration in water allocation and basin planning When the Department undertakes these detailed, site specific flow studies, we account for these five core riverine components: Hydrology – variability of flow regime Biology – fish rearing, spawning, or migration needs, life stage Geomorphology – sediment load, channel forming flows Connectivity – spatial and temporal relationships, consider interconnected groundwater-surface water Water Quality – pH, temperature, BOD However, there is no methodology that addresses all five components, therefore we use a suite of methods or models appropriate for the system being studied. The vast majority of instream flow quantification methods are based on some aspect of biology. The development of instream flow criteria provides information on important factors in streams, such as: Relationships of flow to aquatic habitat Aquatic habitat suitability Riparian habitat and restoration activities Fish population abundance, distribution and dynamics Aquatic invertebrate production  

The Instream Flow Program has studies across the state as you can see here The green dashed lines show streams where the Department has made flow recommendations The blue lines are priority streams identified in the California Water Action Plan: Mark West Creek, Mill Creek, South Fork Eel River, Shasta River, and Ventura River. It is anticipated that these studies will be completed in the next couple of years The purple lines are priority stream for the Department and most of these studies have been initiated either by our regional offices or other entities As you can see, these detailed studies are limited in their coverage of surface water systems across the state What else is available to help GSAs evaluate potential impacts of streamflow depletion?

Cannabis Program Ensure the individual and cumulative effects of water diversion and discharge associated with cannabis cultivation do not affect instream flows needed for fish spawning, migration, and rearing, and flows needed to maintain natural flow variability. State Water Board Draft Cannabis Cultivation Policy sets: Wet Season Instream Flow Requirements (Nov-March) Dry Season Low Flow Threshold (April – Oct) Business and Professions Code section 26060.1(b)(1) requires the State Water Board, in consultation with CDFW and the California Department of Food and Agriculture to ensure the individual and cumulative effects of water diversion and discharge associated with cannabis cultivation do not affect instream flows needed for fish spawning, migration, and rearing, and flows needed to maintain natural flow variability. To meet this requirement the State Water Board developed a Draft Cannabis Cultivation Policy that sets flow requirements that are protective on aquatic habitat. These are short-term, interim instream flow requirements. Methodology uses natural mean annual flow and mean monthly flow to develop minimum monthly flow requirements that are protective of aquatic habitat. Tessmann and New England Aquatic Base Flow are standard setting methods that don’t require field work, office based. Starting place of interim – inexpensive and quick versus site specific field studies. While these flow requirements and thresholds are for cannabis cultivation, they are set to be protective of instream flow needs and offer GSAs a quantifiable metric to use to assess whether streamflow depletion from groundwater use is adversely impacting beneficial uses of surface water.

Interconnected SW-GW California Wetland Conservation Policy - ensure no overall net loss and achieve a long-term net gain in the quantity, quality, and permanence of wetland acreage and values in California The Fish and Game Commission Wetland Resources Policy – provide for the protection, preservation, restoration, enhancement and expansion of wetland habitat in California We have been discussing streamflow depletion and I think it is important to note the sustainability indicator for interconnected surface water-groundwater includes other systems than flowing streams and rivers. These include: Wetlands Springs Seeps While SGMA recognizes the importance of local control, ecological concerns may span groundwater basin boundaries and there are priorities that have been established at the state level. We have lost about 90% of our wetland habitat. When GSAs are determining whether significant and unreasonable results are occurring, two policies to consider are the California Wetland Conservation Policy and the Fish and Game Commission Wetland Resources Policy. Goal of the wetland policy is to ensure….

Areas of Conservation Emphasis Biological Index: Native species richness Rare species richness “Irreplaceability” Presence of sensitive habitats Lastly, I would like to share with you a project developed by the Department that can assist GSAs in evaluating whether depletions from interconnected surface water are having a significant and unreasonable adverse impact on beneficial uses of the surface water. The Areas of Conservation Emphasis (or ACE II) project developed a biological index model. Biological index surface – composite of four indices relevant to conservation value: native species richness, rare species richness, “irreplaceability”, and the presence of sensitive habitats (wetlands, riparian, high value salmonid, rare natural communities) Sensitive habitat includes high value salmonid habitat – includes all COHO, steelhead, and heritage native trout watersheds as mapped by the Department. This index can help you understand where the highest biological richness and rarity occurs across the state, which can be an indicator of areas of highest conservation value. This is a spatial dataset that is readily available through our website.

Kristal. Davis-Fadtke@wildlife. ca. gov https://www. wildlife. ca