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ORDER IMPOSING WATER RIGHT CURTAILMENT AND REQUIRING REPORTING FOR GROUNDWATER PUMPING UNDER SCHEDULE C OF THE SCOTT RIVER ADJUDICATION AND OVERLYING GROUNDWATER DIVERSIONS (GROUP 9) IN THE SCOTT RIVER WATERSHED ASSOCIATED WITH PARCELS LISTED IN ATTACHMENT A (ORDER WR 2026-0008-DWR)
This letter and the enclosed Order contain information regarding the immediate curtailment of groundwater diversion for parcels listed in Attachment A (at the end of the Order), that are owned by <<PRIMARY OWNER>> or their successor(s) in interest.
Since August 30, 2021, drought regulations have been in place establishing emergency minimum flows in the Scott River and Shasta River watersheds, except for a brief period between August 1, 2023, to January 31, 2024. (Cal. Code Regs., tit. 23, §§ 875-875.9.) The State Water Resources Control Board (State Water Board) adopted the current drought emergency regulation (Emergency Regulation) into effect on February 1, 2024. The Emergency Regulation is available online. Assembly Bill 263, passed on September 26, 2025, extends the effective period of the Emergency Regulation until January 1, 2031, or until adoption of permanent rules establishing and implementing long-term instream flow requirements in the Scott River and Shasta River watersheds, whichever occurs first (Wat. Code § 1058.5(c)).
The Emergency Regulation establishes minimum flow requirements for the Scott River watershed and requires curtailment of diversions, when necessary, to meet those flows. Flows at the Fort Jones United States Geological Survey (USGS) gage have generally been decreasing since April 22, 2026, and dropped below the minimum flow requirement on May 21, 2026. The State Water Board reinstated curtailments for all surface water rights (Groups 1-8) in the Scott River watershed on May 21, 2026 (Addendum 9). On May 23, 2026, flows began to rebound and increased above the minimum flow requirement. On May 25, 2026, curtailments were conditionally suspended for Group 8 surface water rights (Addendum 10). Flows continued to increase following precipitation in the watershed and Addendum 11 was issued on May 27, 2026, conditionally suspending curtailments when both the priority group’s conditions were met and flows exceeded the minimum flow requirement. On June 9, 2026, Addendum 12 was issued, reinstating curtailments for all surface water rights as flows dropped below the flow requirement and are trending downward with no significant precipitation in the forecast. With no remaining snowpack and forecasts of no precipitation and higher-than-average temperatures for the watershed, without curtailment, flows are anticipated to continue to decline and remain below the minimum flow requirement.
The enclosed Order:
- Curtails adjudicated groundwater rights and known overlying groundwater rights that are greater than two-acre feet per year in order of water right priority;
- Describes exceptions to curtailments and the reporting (certifications or petitions) that must be completed for limited uses (i.e., minimum human health and safety needs [including for firefighting], livestock needs, non-consumptive instream uses); and
- Requires reporting to confirm receipt of and compliance with the Order.
You or your agent of record are responsible for immediately notifying all parties that divert groundwater for use on the parcels identified in Attachment A of the enclosed Order and its requirements.
The State Water Board acknowledges that many people throughout the watershed have taken steps to reduce water use during the past years. This order is being suspended as to those parties with pending or approved groundwater local cooperative solutions.
Curtailment of Water Rights in Scott River Watershed
With the attached Order, the State Water Board is requiring certain groundwater right holders in the Scott River watershed to cease diversions under their water rights until water supply conditions improve in the watershed.
The Emergency Regulation follows the water right priorities in the Scott River, French Creek, Shackleford Creek, and Shasta River adjudications, and adds in rights that are not addressed under those adjudications (e.g., post-adjudication rights, some groundwater rights). The regulation does not change the adjudications or affect the authority of the Scott Valley and Shasta Valley Watermaster District to implement the adjudications, or of the Siskiyou County Superior Court to administer or otherwise retain and exercise jurisdiction over the adjudications. Section 875.5(a) of the Emergency Regulation describes the order of priority for curtailments in the Scott River watershed. The State Water Board recently issued Addendum 12 to Order WR 2024-0024-DWR and Order WR 2026-0005-DWR (Orders) reinstating full curtailments (rather than conditional curtailments) of all surface water diversions in the Scott River watershed. If you received either of those Orders, you are subject to the requirements in the surface water Order(s) as well as this Order for the applicable water rights and diversions.
The State Water Board will provide all future updates to curtailments (when suspended, reinstated, or rescinded) on the State Water Board’s “Scott-Shasta Drought” webpage and through emails sent out to individuals that have signed up for the "Scott-Shasta Drought & Flow Efforts” Email Subscription List under “Water Rights.” Signing up for this email list is the best way to stay informed about implementation of the Emergency Regulation, including changes to curtailments. All water users are highly encouraged to sign up for the list.
Allowances for Continued Limited Diversions
The Emergency Regulation has exceptions for certain types of diversions that may continue even after you receive a curtailment order, if the appropriate information is submitted to the State Water Board. These exceptions to curtailment are:
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Non-consumptive Diversions. This exception applies if your diversion does not consumptively use water, meaning that it does not use up water or change the time the water is available to others (e.g., run-of-river hydropower with returns entering the same stream, instream use).
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Minimum Human Health and Safety Diversions. This exception applies if a curtailed diversion is your only water source for minimum human health and safety purposes, like drinking, cooking, washing, or meeting the state’s critical infrastructure needs. Please note that diversions for firefighting may continue under this exception.
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Minimum Livestock Watering Diversions. This exception provides for the continued diversion of minimum amounts of water for livestock identified in the regulation and applies only if the curtailed diversion is your only source for livestock watering. See section 875.3 in the Emergency Regulation for more information on minimum livestock watering.
If you want to continue diverting using one of the above exceptions, you must submit additional information to the State Water Board. Form(s) to provide the applicable information are available online at: https://waterboards.ca.gov/drought/scott_shasta_rivers/addendums/.
Required Response – Curtailment Reporting
By Friday, July 10, 2026, water right holders or their agents receiving this Order are required to submit certain information to the State Water Board. To assist with reporting the required information, the Scott Overlying and Adjudicated Groundwater Curtailment Report – Compliance Information form is available on the Scott-Shasta curtailments webpage. The required information relates to acknowledging that your groundwater right has been curtailed and whether you are pursuing an exception to continue limited diversions under the Order as described above.
Staff are available to answer questions or otherwise assist with reporting. (See the Questions, Resources, and How to Stay Informed section below for contact information.)
Groundwater Local Cooperative Solutions
Under the Emergency Regulation, local cooperative solutions by individuals or groups may be proposed by petition to the Deputy Director of the Division of Water Rights (Deputy Director) as an alternative means of reducing water use to meet or preserve the emergency minimum flows, or to provide other fishery benefits, in lieu of curtailment. Section 875, subdivision (f)(4)(D) describes three types of local cooperative solutions that are specifically available for overlying or adjudicated groundwater diversions for irrigated agriculture: Best Management Practices, Graduated Cessation Schedule, and Percent Reduction. The Deputy Director may approve a proposal submitted by an individual or group, if it meets the specific requirements of the applicable groundwater local cooperative solution type and satisfies the metering and inspection requirements.
The deadline for submitting proposed groundwater local cooperative solutions for the 2026 irrigation season was April 15, 2026. Groundwater local cooperative solution applicants that submitted a proposal for the 2026 irrigation season must implement their proposal even if it is not yet approved. Staff are in the process of reviewing the applications, and for applications that were not approvable without additional information or revision, are engaging with applicants to solicit additional information and/or changes to the proposal to support an ultimate decision.
For groundwater diversions associated with parcels identified in a pending groundwater local cooperative solution proposal: This curtailment order is suspended during the period in which the State Water Board is reviewing the groundwater local cooperative solution proposal, but only to the extent that any continued diversion is within the limits described in the proposed groundwater local cooperative solution. Diversion not in conformance with pending groundwater local cooperative solution proposals are therefore diversions in violation of the curtailment order. Applicants with pending proposals shall continue working with State Water Board staff to update their groundwater local cooperative solution proposals until ultimate approval or denial. If a pending proposal is ultimately denied, the suspension of this Order ends, and the petitioner must immediately curtail all associated diversions.
Potential Enforcement
The enclosed Order includes enforceable requirements regarding a water right or claim of right that require your immediate attention. Diverting water in violation of the enclosed curtailment order or the Emergency Regulation risks administrative fines, a cease and desist order, or prosecution in court. The State Water Board has enforcement discretion and decisions related to enforcement and associated penalties are based on the specific circumstances of the violation. Fines may be up to $10,000 per day of violation and an additional $3,000 for each acre-foot of water diverted in violation of the curtailment order. (Wat. Code, § 1846.)
Request for Reconsideration
You may submit a petition within 30 days to request that the State Water Board reconsider the enclosed curtailment order. The process and grounds for reconsideration are provided by California Code of Regulations, title 23, sections 768 through 771. To ensure timely consideration, any petition for reconsideration should be emailed to: ScottShastaFlows@waterboards.ca.gov.
Questions, Resources, and How to Stay Informed
You can contact staff by email to: ScottShastaFlows@waterboards.ca.gov or by calling and leaving a message at our dedicated phone line at: (916) 327-3113. Please be aware that calls and emails will be responded to as soon as possible in the order received. Staff will try to return calls within 24 hours, but responses may take longer depending on call volume.
Additional information on the Emergency Regulation and related items is available on the “Scott-Shasta Drought” webpage (see footnote 5 for webpage address).
We highly encourage you to sign up for the “Scott-Shasta Drought & Flows” Email Subscription List under “Water Rights” (see footnote 6). This is the best way to stay informed about changes to the status of curtailments and other important information related to the Emergency Regulation.
Sincerely,
Juliet Christian-Smith
Deputy Director
Division of Water Rights
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