2021-2022 Mill Creek and Deer Creek Drought Response
On May 10, 2021, Governor Newsom declared a drought state of emergency for 41 counties, including all counties within the Sacramento-San Joaquin Delta watershed (May 2021 Proclamation). The May 2021 Proclamation directed the State Water Board, in coordination with the California Department of Fish and Wildlife (CDFW), to evaluate the minimum instream flows and other actions needed to protect salmon, steelhead, and other native fishes in critical streams. Mill Creek and Deer Creek are tributaries to the Sacramento River, located in Tehama County. Both creeks support multiple self-sustaining natural populations of anadromous salmonids, including threatened Central Valley spring-run Chinook salmon and threatened California Central Valley steelhead. Protecting and restoring these populations is recognized as significant to the recovery of these threatened species.
During July and August of 2021, CDFW and the National Marine Fisheries Science (NMFS) requested that the State Water Board pursue an emergency regulation to curtail water diversions in order to provide minimum drought emergency flows for the protection of native fish on Mill and Deer Creeks similar to actions taken during the drought in 2014 and 2015. The State Water Board adopted an emergency regulation for Mill and Deer Creeks on September 22, 2021. The State Water Board readopted the emergency regulation for Mill and Deer Creeks at the August 16, 2022 Board Meeting. The emergency regulation for Mill and Deer Creeks has now expired and is no longer in effect.
Beginning July 1, 2023, Mill and Deer Creek curtailments pursuant to California Code of Regulations, title 23, sections 876.5 through 879.3 are not in effect.
Deer Creek
Drought Response Topics
- Order Imposing Water Right Curtailment and Reporting Requirements in the Mill Creek Watershed (Order WR 2022-0169)
- Order Imposing Water Right Curtailment and Reporting Requirements in the Deer Creek Watershed (Order WR 2022-0170)
- Order Imposing Water Right Curtailment and Reporting Requirements in the Mill Creek Watershed (Order WR 2021-0089)
- Order Imposing Water Right Curtailment and Reporting Requirements in the Deer Creek Watershed (Order WR 2021-0090)
- State Water Board issues pulse flow for Mill Creek (June 10, 2022)
- State Water Board issues pulse flow for Deer Creek (June 10, 2022)
- State Water Board issues pulse flow for Deer Creek (May 25, 2022)
- December 22, 2023 – Order WR 2023-0067-EXEC In the Matter of the Petitions for Reconsideration of Stanford Vina Ranch Irrigation Company, Los Molinos Mutual Water Company, Peyton Pacific Properties, LLC, and Deer Creek Irrigation District Regarding 2021 and 2022 Mill and Deer Creek Curtailment Orders
- September 21, 2022 – Emergency Regulation as Approved by the Office of Administrative Law
- September 12, 2022 – Emergency Regulation Submitted to the Office of Administrative Law
- Transmittal Memo
- Form 400 and Adopted Regulation Text
- Resolution 2022-0030 and Regulation Text
- Notice of Proposed Emergency Rulemaking and Draft Regulation Text
- Transmittal Email for Notice of Proposed Emergency Rulemaking
- Finding of Emergency, Informative Digest, and Fiscal Impact Statement
- Form 399 and Fiscal Impact Statement
- August 16, 2022 Staff Presentation
- August 17, 2022 – Media Release: State Water Board readopts emergency drought regulation for Mill and Deer Creeks
- August 16, 2022 - Board Meeting: Adoption of Emergency Regulation (Video)
- June 28, 2022 - NMFS memo to the State Water Resources Control Board
- April 11, 2022 - CDFW memo to the State Water Resources Control Board
- October 14, 2021 – Fact Sheet
- October 11, 2021 – Media Release: Low water levels trigger curtailments for water right holders in Mill and Deer creeks
- October 4, 2021 – Emergency Regulation as Approved by Office of Administrative Law
- September 24, 2021 – Emergency Regulation Submitted to the Office of Administrative Law
- Transmittal Memo
- Form 400 and Adopted Regulation Text
- Resolution 2021-0038 and Adopted Regulation Text
- Notice of Proposed Emergency Rulemaking and Draft Regulation Text
- Transmittal Email for Notice of Proposed Emergency Rulemaking
- Finding of Emergency, Informative Digest, and Revised Fiscal Impact Statement
- Form 399 and Fiscal Impact Statement
- September 22, 2021 Board Meeting Staff Presentation
- September 22, 2021 – Media Release: State Water Board approves emergency curtailment regulation for Mill and Deer Creeks
- September 22, 2021 – Board Meeting: Adoption of Emergency Regulation (Video)
- September 16, 2021 Notice of Proposed Emergency Rulemaking
- September 1, 2021 - Notice of Opportunity for Comment
- September 1, 2021 - Preliminary Draft Drought Emergency Regulation for Mill Creek and Deer Creek Watersheds
- September 21, 2021 – Comment from Byrd Cattle Company LLC
- September 21, 2021 – Comment from Minasian, Meith, Soares, Sexton & Cooper, LLP on behalf of Stanford Vina Ranch Irrigation Company and Los Molinos Mutual Water Company
- September 16, 2021 - Comment from The California Cattlemen’s Foundation
- September 14, 2021 – Comment from CDFW
- September 8, 2021 – Comment from Sue Knox
- September 8, 2021 – Comment from Stanford Vina Ranch Irrigation Company
- September 8, 2021 – Comment from The California Farm Bureau
- September 8, 2021 – Comment from Northern California Water Association
- September 8, 2021 – Comment from Keith Bentz
- September 8, 2021 – Comment from Los Molinos Mutual Water Company
- September 8, 2021 – Comment from Linda Pitter
- September 7, 2021 – Comment from Bailey and Amy Peyton, Peyton Pacific Properties, LLC
- September 3, 2021 – Comment from Melinda Brown
- September 2, 2021 – Comment from The Nature Conservancy
- November 4, 2022 - Petition for Reconsideration of Deer Creek Irrigation District Related to Curtailment Orders WR 2022-0169-DWR and WR 2022-0170-DWR
- October 14, 2022 – Petition for Reconsideration of Stanford Vina Ranch Irrigation Company, Los Molinos Mutual Water Company, and Peyton Pacific Properties, LLC Related to Curtailment Orders WR 2022-0169-DWR and WR 2022-0170-DWR
- October 6, 2022 - CDFW Presence of Central Valley Steelhead on Deer and Mill Creeks Fall 2022
- September 1, 2022 - Petition for Reconsideration of Stanford Vina Ranch Irrigation Company, Los Molinos Mutual Water Company, and Peyton Pacific Properties, LLC Related to Emergency Regulations
- June 28, 2022 - NMFS Memo requesting re-adoption of Emergency Regulation
- May 25, 2022 - Emails between CDFW and SWRCB re: Mill Creek Pulse Flow
- May 11, 2022 - CDFW Memo requesting pulse flows for Mill Creek
- May 11, 2022 - CDFW Memo requesting pulse flows for Deer Creek
- April 11, 2022 - CDFW Memo requesting re-adoption of Emergency Regulation
- March 30, 2022 - CDFW Outline for Deer Creek
- March 23, 2022 - Minasian Outline of issues pertaining to Deer Creek Emergency Regulation
- February 22, 2022 - CDFW Outline for Mill Creek
- February 17, 2022 - Minasian Outline of issues pertaining to Mill Creek Emergency Regulation
- November 3, 2021 – Letter from Los Molinos Mutual Water Company re: Response to SWRCB on MCH Gage
- November 3, 2021 – Emails between Los Molinos Mutual Water Company and Department of Water Resources re: MCH Gauge
- November 3, 2021 – Emails between SWRCB and Los Molinos Mutual Water Company re: Low Measurement Readings on the MCH Gage
- October 19, 2021 – Petition for Reconsideration of Stanford Vina Ranch Irrigation Company, Los Molinos Mutual Water Company, and Peyton Pacific Properties, LLC Related to Emergency Regulations
- October 8, 2021 – Letter from The Nature Conservancy re: September 22, 2021 Mill Creek Drought Emergency Regulation Follow-Up
- October 8, 2021 – Letter from CDFW re: Presence of Central Valley Steelhead on Deer and Mill Creeks Fall 2021
- September 24, 2021 – Emails between CDFW and Stanford Vina Ranch Irrigation Company re: Short Term Local Agreements for Deer Creek
- September 23, 2021 – Emails between CDFW and Los Molinos Mutual Water Company re: Short Term Local Agreement for Mill Creek
- April 16, 2015 - Memoranda of Understanding with Los Molinos Mutual Water Company, The Nature Conservancy, Nobmann Cattle, and Orange Cove Irrigation District
- September 16, 2021 – Letter from Dustin Cooper (Minasian, Meith, Soares, Sexton & Cooper, LLP) on behalf of Stanford Vina Ranch Irrigation Company and Los Molinos Mutual Water Company
- September 15, 2021 - Letter from Jackson A. Minasian (Minasian, Meith, Soares, Sexton & Cooper, LLP) on behalf of Stanford Vina Irrigation Company and Los Molinos Mutual Water Company
- September 14, 2021 – Letter from CDFW to Minasian, Meith, Soares, Sexton & Cooper, LLP re: Letter Regarding Preliminary Emergency Regulation for Mill and Deer Creek Watersheds
- September 2, 2021 – Stanford Vina Ranch Irrigation Company and Los Molinos Mutual Water Company Public Records Act Request
- August 9, 2021 – Letter from CDFW to the State Water Board Executive Director re: 2021 Drought Emergency Minimum Flow Recommendations for Mill and Deer Creeks, Tehama County
- July 30, 2021 – Letter from NMFS to the State Water Board Executive Director re: Emergency Drought Regulations for Listed Salmonids during the 2021 California Drought for Mill and Deer Creeks in the California Central Valley
- June 28, 2021 – Letter from the State Water Board Executive Director to Los Molinos Mutual Water Company Response to Outlines of Key Terms
- June 28, 2021 – Letter from the State Water Board Executive Director to Stanford Vina Ranch Irrigation Company Response to Outlines of Key Terms
- June 11, 2021 – Letter from NMFS to Stanford Vina Ranch Irrigation Company Response to Outlines of Key Terms
- June 11, 2021 – Letter from NMFS to Los Molinos Mutual Water Company Response to Outlines of Key Terms
- June 9, 2021 - Letter from CDFW to Los Molinos Mutual Water Company Response to Outlines of Key Terms
- May 18, 2021 – Letter from CDFW to Los Molinos Mutual Water Company and Stanford Vina Ranch Irrigation Company re: Drought Conditions on Deer and Mill Creeks, Tehama County
- May 13, 2021 – Letter from Los Molinos Mutual Water Company re: Drought Actions on Mill Creek
- May 11, 2021 – Letter from Stanford Vina Ranch Irrigation Company re: Deer Creek, Drought Year 2021
How to Report an Unauthorized Diversion or Water Waste
Visit the CalEPA Complaint System to report unauthorized diversions, such as violations of water right permits or diversions impacting fisheries.
Visit savewater.ca.gov to report water waste, such as leaks and overwatering, to your local water agency.