ITEM: 24

SUBJECT: Consideration of a proposed order regarding petitions for reconsideration of Order WR 98-05 which requires stream restoration and waterfowl habitat restoration measures in the Mono Lake Basin.

DISCUSSION: On September 2, 1998 the State Water Resources Control Board (SWRCB) adopted Water Right Order 98-05. Order WR 98-05 requires the City of Los Angeles Department of Water and Power to implement specified stream and waterfowl restoration measures in the Mono Basin. Petitions for reconsideration of Order WR 98-05 were filed by the National Audubon Society and the Mono Lake Committee (NAS/MLC), the California Department of Fish and Game (DFG) and California Trout, Inc. (CalTrout). All of the petitions request reconsideration of provisions of Order 98-05 regarding the criteria to be applied for determining when the stream restoration programs may eventually be terminated. The petitions do not challenge the actual stream restoration measures or the waterfowl restoration provisions of Order WR 98-05. A proposed order responding to the petitions has been prepared.

POLICY ISSUES: Should the SWRCB adopt the proposed order to the responding to the petitions for reconsideration of Order WR 98-05.

FISCAL IMPACT: None

STAFF RECOMMENDATION: Staff recommends the SWRCB adopt the proposed order.

Note: The draft order is not currently available electronically.