State Water Board Adopts Guidelines for Securing Prop. 1 Funding for Storm Water Control and Capture

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The State Water Resources Control Board set priorities earlier this week for storm water control and capture projects seeking Proposition 1 funding. The Board adopted two sets of guidelines for the awarding of $200 million in Prop. 1 monies approved by state voters.

(Clean copies of these two sets of guidelines have not yet been published, but links to the final drafts are incorporated below, and a change sheet can be found here.)

“Storm water projects that capture and ‘use’ storm water for a variety of benefits, including (but not limited to) water supply, flood control, habitat enhancement/restoration, and creation of green space will receive priority funding consideration,” the Board said in a fact sheet.

Storm water is often seen as a problem or as a waste of water rather than a potential resource for certain types of use, the Board said in its Proposition 1 Storm Water Grant Program Guidelines, one of the two policy documents approved. Unplanned or unmanaged use of storm water runoff could (and sometimes do) erode soil, degrade infrastructure or simply disperse, unused and polluted, into the ocean.

Also, a local entity must adopt a Storm Water Resource Plan to participate in Prop. 1 funding. This plan must comply with the provisions outlined in the second document the Board adopted, called the Storm Water Resource Plan Guidelines.

The plan would need to be designed to capture or direct storm water to a useful purpose in a way that avoids or minimizes harm. For instance, a new drainage channel could divert water from a suburban area prone to flooding, but the channel must be built and maintained to avoid sedimentation build-up or undermining masonry foundations.

The Guidelines also called for “multi-benefit” projects. To continue the example from above, the drainage channel might not only mitigate flooding, but it could also provide the additional benefit of providing water to natural habitats.

Other uses that could be blended into a set of multi-benefit projects include increased park and recreation lands, reduced heat island effects, enhanced tree canopy, improved water quality and water supply, and wetland restoration.

The Storm Water Resource Plan must be consistent with existing laws and policies, such as the Clean Water Act and Safe Drinking Water Act, water rights permits and licenses, and state and regional water board controls and policies.

The Board said that, in the fiscal year 2015-2016, up to $20 million will be awarded for planning (including the development of Storm Water Resource Plans) and up to $80 million will be awarded for implementation. The remaining funds will be awarded through future project solicitation.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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