In 2018, the State Water Resources Control Board (State Water Board) adopted a plan collectively known as Unimpaired Flows, mandating 40% of unimpaired flows must remain in-stream from February to June on key tributaries (Merced, Tuolumne, Stanislaus), with an adaptive band of 30–50 %. On Sacramento tributaries, the baseline was 55 % remaining in-stream with an adaptive band of 45-65%. Imagine these rivers without dams and this helps a person visualize the objective sought under unimpaired flow conditions. 

Subsequently, Governor Gavin Newsom fired the Chair of the State Water Board. Although unstated, it was widely perceived at the time this political move early in his Governorship, was meant to create a voluntary pathway, collectively known as Voluntary Agreements, between water users and the environment. 

This fall, these voluntary pathways were released as the Healthy Rivers and Landscapes (HRL) plan, which touts ecological outcomes with less water by pairing flow releases with habitat restoration and other adaptive management plans. 

For Central Valley water users, the Unimpaired Flows plan defined intense economic and agricultural pain as it signaled significant surface supply reductions. Together, the UF Plan would have required over 1.25 million acre-feet annually to remain in-stream, depending on the water year:

• 150,000–465,000 ac-ft from San Joaquin tributaries (Feb–Jun).
• 1.1–3.1 million ac-ft from Sacramento Basin flows (Feb–Jun).

HRL offers a path that balances ecological needs with supply reliability, but only if implemented with an intensive high degree of engineering cost investments by water users. The HRL flow commitment is up to 825,000 acre-feet per year above baseline diversions, with variation in dry vs. wet years. These flows do combine with other habitat restoration (e.g. floodplain reconnection, spawning area improvements), and scientific monitoring.

Of the original collaborators listed for the voluntary agreements, ALL of the environmental groups have dropped their support for the final work product, HRL. This includes the Environmental Defense Fund, Defenders of Wildlife, The Nature Conservancy, California Waterfowl, and Trout Unlimited.

It’s important to point out that water suppliers in the Sacramento-San Joaquin Delta watershed not covered by an agreement are subject to the regulatory requirements developed by the State Water Board as part of its update to the Bay-Delta Water Quality Control Plan, which would include a mix of flow and potentially other measures to provide reasonable protection of fish, wildlife, agricultural, municipal, and other water uses. 

Many dairy farmers in Western United Dairies milkshed are affected by the development of the HRL plan. Whether you see your water district on this list of collaborators or not, please contact your local water supplier to find out how these developments in the Delta will impact your operation and future plans. These plans -although a compromise- still need A LOT of water and money to make them function without incurring fines from the State Water Board.

 You can read more about the HRL plan here.

 The deadline for public input is September 10th, 2025.