What potential impact would the draft policy have on pending applications?
The effect of the draft policy on pending water right applications (those filed before January 1, 2008) varies, depending on how far along the project is in the application review process. As proposed by the draft policy, if the applicant has submitted an analysis of water availability and cumulative flow-related impacts prior to January 1, 2008, and the project is consistent with the recommendations contained in the 2002 Draft Guidelines issued by the Department of Fish and Game (DFG) and National Marine Fisheries Service (NMFS) (2002 DFG-NMFS Draft Guidelines) pertaining to diversion season, onstream dams, minimum bypass flows, protection of the natural hydrograph and avoidance of cumulative impacts, the State Water Board may consider whether water is available for the project using the 2002 DFG-NMFS Draft Guidelines. Examples of projects that are consistent with the recommendations contained in the DFG-NMFS Draft Guidelines are: (1) direct diversions or diversions to offstream stora
