Streambed Alteration Agreements
Notification RequiredF&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 intothe 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
1600 Jurisdiction
Active ChannelF loodPla in
F loodPla in
TerraceToeslope
H ills lope
Toeslope
H ills lope
Shading Influence
Source o f Large Debris
Source of F ine L itter
1600 Jurisdiction
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
The End