Does the draft policy affect existing rights?
Those who have existing legal water right permits or licenses are not affected by the draft policy unless they seek to change the conditions of their water right permits or licenses. If a permit or license holder seeks to change aspects of the permitted project, some provisions of the draft policy could apply. Under the draft policy, petitions filed on existing permits and licenses would be reviewed to determine whether the proposed change may reduce instream flows. The draft policy proposes that petitions that do not cause a reduction in instream flows do not need to comply with the diversion season, minimum bypass flow, or maximum cumulative diversion requirements; however, if the petition involves moving or constructing an onstream dam, the onstream dam provisions would apply. Petitions resulting in decreased flow in a stream reach would be evaluated for adverse effects to fish and wildlife using the assessment methods proposed in the draft policy. Exceptions would be considered for
