Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Specific regulations pertaining to the operation of individual reservoirs or
reservoir systems are set forth in the remaining Subparts of this
Part.
(b) Due to the technical
limitations of operating water regulating devices and measuring flows, any rate
of flow stated, required or allowed pursuant to this Part shall be deemed to
include a rate of flow 10 percent lower than the stated, required or allowed
rate of flow where that rate is a minimum allowable rate and shall be deemed to
include a rate of flow 10 percent higher than the stated, required or allowed
rate of flow where the rate is a maximum allowable rate.
(c) The provisions of this Part shall not be
deemed to require an agency to monitor the flow in a particular river or stream
more than once during any 24- hour period, or, accordingly, to adjust releases
or diversions of water from a particular reservoir more than once during any
24-hour period; provided that an agency shall be responsible for monitoring
flows and making any necessary corresponding adjustments at least once during
every 24-hour period; and further provided that any such monitoring of the flow
in a river or stream shall be binding on the agency with respect to compliance
with the provisions of this Part until the next such monitoring is
made.
(d) The provisions of this
Part shall not be interpreted as requiring any adjustment of releases or
diversions from a particular reservoir regulated by this Part in response to a
hydrologic event of short duration which may cause any flow maximum established
by this Part to be exceeded for a short duration (e.g., a summer rainstorm of
three hours).
(e) An agency may
propose and take an action with regard to the operation of a reservoir and its
appurtenant facilities which does not meet the requirements of this Part if it
obtains the department's approval of such action in accordance with this
subdivision. Such department approval must be obtained prior to the
commencement of any action pursuant to this subdivision. The department may
approve an action proposed pursuant to this subdivision if it finds such action
is reasonable and consistent with the purposes of this Part.
(1) The agency reservoir releases manager
shall submit a written proposal for such action to the department reservoir
releases manager. Such proposal shall specify the dates and times of the
proposed action, the amount of water to be released, the rate at which the
water is to be released, the duration of the action, and the purpose of the
action. Such written proposal shall be received in the office of the department
reservoir releases manager not less than 24 hours prior to the commencement of
the first proposed action.
(2)
Within 24 hours of his receipt of the written proposal by the agency reservoir
releases manager, or as soon thereafter as practical, the department reservoir
releases manager shall notify the agency reservoir releases manager by
telephone whether the department has approved, approved with modifications, or
disapproved the proposed action. In the event of an approval or approval with
modifications, the department reservoir releases manager shall specify the
dates and times of the authorized action, the amount of water to be released,
the rate at which water is to be released, the duration of the approved action,
and any conditions pertaining to the implementation or termination of the
approved action.
(3) As soon as
practicable after notifying the agency reservoir releases manager by telephone,
as provided in paragraph (2) of this subdivision, the department reservoir
releases manager shall mail a letter to the agency reservoir releases manager
stating the decision of the department with regard to the proposal involved. In
the event the department has approved the agency's proposal or approved it with
modifications, said letter shall specify the dates and times of the approved
action, the amount of water to be released, the rate at which water is to be
released, the duration of the approved action, and any conditions pertaining to
the implementation or termination of the approved action. In the event the
department has disapproved the agency's proposal or approved it with
modifications, said letter shall specify the reasons for such disapproval or
modifications.
(4) When the agency
is not able to provide a written proposal to the department as specified in
paragraph (1) of this subdivision at least 24 hours prior to the commencement
of the first proposed action, the agency reservoir releases manager may submit
a proposal for such an action by telephone to the department reservoir releases
manager, which telephone proposal shall be made not less than 24 hours prior to
the first proposed action. Such proposal shall specify all the information
required for a written proposal under paragraph (1) of this subdivision.
Immediately following such telephone proposal, the agency reservoir releases
manager shall mail to the department reservoir releases manager a written
proposal stating those matters covered by the telephone proposal. Within 24
hours of his receipt of such a proposal by telephone, or as soon as practical
thereafter, the department reservoir releases manager shall notify the agency
reservoir releases manager as to the department's decision regarding such
proposal in the manner specified in paragraphs (2) and (3) of this
subdivision.
(5) The telephone
approval by the department provided in paragraphs (2) and (4) of this
subdivision shall constitute the authorization for the agency to proceed with
an action approved by the department pursuant to this subdivision. No action
shall be taken by the agency pursuant to this subdivision until such telephone
approval has been received, and then only in accordance with such telephone
approval.
(6) The agency reservoir
releases manager and the department reservoir releases manager shall each
maintain a complete and accurate log of all telephone conversations made
pursuant to this subdivision.
(7)
With respect to any action proposed by an agency pursuant to this subdivision
which relates to any inspection, maintenance or repair to any reservoir or any
appurtenant structures or facilities, the approval, approval with
modifications, or disapproval of the department under this subdivision shall be
made only with respect to the time and duration of the proposed action and the
effect of such proposed action on rivers and streams impacted thereby, and
shall not be made with respect to the substantive details of the inspection,
repair or maintenance activity. The department shall not unreasonably delay any
inspection, maintenance or repair activity which the agency wishes to undertake
with the regard to said facilities.
(f) Both the agency reservoir releases
manager and the department reservoir releases manager may designate one or more
persons to take all actions under this section in the place of and on behalf of
such manager; provided that each such designation shall be in writing and shall
be on file in the respective office of each manager and provided further that
any such designation shall authorize such designee to act in all respects under
this section for the respective manager.
(g)
(1) The
department may request an agency to take an action with respect to the release
of water from any reservoir regulated pursuant to this Part in a manner that
does or does not comply with any or all of the provisions of this Part relating
specifically to the release of water from a reservoir for the purpose of field
monitoring, testing, or research; protecting the fishery, water quality, or
other natural resources of any river or stream affected by such releases;
protecting the fishery, water quality or other natural resources of any
reservoir from which releases are made for the benefit of existing recreational
uses of such reservoir; or special recreational events on a river or stream
affected by water releases.
(2)
Such request by the department shall be submitted in writing by the department
reservoir releases manager to the agency reservoir releases manager and shall
be received by the agency reservoir releases manager at least 24 hours prior to
the first requested action. Said request by the department shall be consistent
with the purposes of this Part and shall specify the dates and times of the
requested action, the amount of water to be released, the rate at which water
is to be released, the duration of the requested action, the specific purpose
of the requested action and any conditions governing implementation and
termination of the requested action. If the department reservoir releases
manager is not able to provide a written request to the agency reservoir
releases manager at least 24 hours prior to the commencement of the first
requested action, the department reservoir releases manager shall submit such
request by telephone at least 24 hours prior to the commencement of the first
requested action. Such telephone request shall contain all of the information
required of a written request. Immediately following such telephone request,
the department reservoir releases manager shall submit the required written
request, as described herein, to the agency reservoir releases
manager.
(3) The degree to which a
request by the department under this subdivision shall be binding on a
particular agency shall be as set forth in the Subpart of this Part that
applies to the reservoir in question.
(4) The agency's receipt of the department's
written or telephone request shall constitute the department's direction for
the agency to proceed with an action requested by the department pursuant to
this subdivision. No action shall be taken by the agency pursuant to this
subdivision until such written or telephone request has been received, and any
such action shall be undertaken in accordance with such request.
(5) The department reservoir releases manager
and the agency reservoir releases manager shall each maintain a complete and
accurate log of all telephone conversations made pursuant to this
subdivision.
(h) The
department reservoir releases manager and the applicable agency reservoir
releases manager shall provide the necessary telephone arrangements to fulfill
the provisions of this section.
(i)
All telephone logs and written communications made pursuant to this section
shall be considered matters of public record.
