Controlling Documents and Regulatory Oversight
Though Yuba County Water Agency is an independent, stand alone organization, it and its Yuba River Development Project are subject to numerous contracts, agreements, licenses, permits and regulatory oversight from a wide range of organizations including a major utility, state and federal resource and regulatory agencies and local water providers. Some of these are:
- Yuba County Water Agency Act, whose provisions are set forth by the California Legislature. Though the primary purpose for creation of the Agency was the construction of the Yuba River Development Project, the Y.C.W.A. Act grants broad powers pertaining to water development and its control. The Act allows the Agency to develop and promote the beneficial use and regulation of the water resources of Yuba County and the streams flowing into Yuba County. The Act provides for the development of water conservation facilities, for flood control, hydroelectric generation, water supply, fisheries enhancement and related recreation.
- State Water Resources Control Board D-1644 Corrected Water Right Order 2008.0014 sets forth a schedule of minimum fish flows for the Project.
- The 50-year power purchase contract with Pacific Gas & Electric Company that sets forth what will be built, how it will be operated and how the Project and its operating costs will be paid for.
- The U.S. Corps of Engineers Agreements set forth how the Project will be operated for flood control and how Englebright Reservoir can be used as part of the Yuba River Development Project.
- The U.S. Forest Service Agreement authorizes the use of Forest Service lands for the Project and stipulates the recreation facilities that are to be constructed and how they will be operated.
- The Federal Energy Regulatory Commission License specifically directs the size, type and capacity of Project facilities and how they are to be operated. FERC continually provides oversight of the operation, maintenance and safety of the Project facilities.
- The Agency holds 12 water rights of varying priorities, some of which were established prior to 1914, when the regulation of water rights was started by the State. The water rights set forth the amount and location of water that can be diverted or stored, at what time of year and for what purpose it can be used.
- The State Division of Safety of Dams has issued permits for each of the Agency’s four dams that fall under their jurisdiction. Division of Safety of Dams provides twice a year inspection of the dams and continuous safety oversight.
- The Agency by its Act can wholesale water to entities authorized to purvey water. Yuba County Water Agency currently has water service agreements with eight irrigation entities.