Tuesday September 2, 2025
Valley Ag Voice —
On July 24, the State Water Resources Control Board released proposed updates to the Bay-Delta Water Quality Control Plan and opened it for public review and comments. Proposed changes focus on portions of the Plan relevant to the Sacramento River watershed, Delta eastside tributaries, and Delta for the “reasonable protection of fish and wildlife beneficial uses.”
The San Francisco Bay/Sacramento-San Joaquin Delta watershed — Bay-Delta — encompasses the Sacramento and San Joaquin Rivers, as well as numerous other tributaries to those rivers, the Delta and tributaries, Suisun Marsh, and San Francisco Bay.
The State Water Board has previously adopted water quality control plans and policies regarding the uses of the Bay-Delta and periodically reviews this plan to ensure it provides reasonable protection for the designated beneficial uses.
In the 2024 draft, it identified the possible inclusion of Voluntary Agreements — otherwise known as the Healthy Rivers and Landscapes Program — which are deals made between the government and water users to increase flows for the benefit of fish habitats, among other environmental goals. The 2024 draft proposed that if these agreements don’t happen, then new state regulations would apply to everyone who uses water.
However, the State Water Board’s newly revised plan officially includes two paths. For those participating in a Voluntary Agreement, they can move forward with the plan they voluntarily agreed upon, but water users who are not part of a VA will be subject to stricter state rules. Both pathways will create legally enforceable requirements.
Simply stated, California is giving water users a Hobson’s choice: work with them through Voluntary Agreements to protect rivers or follow stricter, one-size-fits-all state water rules.
Under the Regulatory Pathway, flow requirements adjust depending on whether the year is wet, normal or dry. In dry years, for example, 35% of natural flow may need to stay in the river, but in wet years it could be 55%.
The VA pathway is a more cooperative approach wherein users agree to release extra water for fish and restore habitats instead of being told exactly what to do by regulation. These agreements include specific flow commitments, habitat restoration projects, and regular monitoring to ensure effectiveness. The state still checks and approves the plans with the ability to update them as needed.
However, if any VA party fails to adhere to flow and habitat commitments, or if the benefits are deemed insufficient after eight years, the Board can initiate a process to “compel compliance” via the regulatory pathway.
Written public comments on the revised draft are open through September 10, 2025. Comments can be emailed to SacDeltaComments@waterboards.ca.gov with the subject line: “Comment Letter – Revised Draft Sacramento/Delta BayDelta Plan Updates.”
Verbal comments can be given at public hearings on September 8 and 9. More information on how to participate is available on the Water Board’s website.