Cal. Code Regs. tit. 23 § 6003

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 6003 - Application Submittal

(a) The Commission shall notify the public when applications will be accepted through its website and its electronic mailing list. Alternatively, if requested by a potential applicant, notice shall be provided by regular mail. The application solicitation shall be open for a minimum of five months from the date the notice is published. Applicants shall complete and submit an application, using the Department's Grants Review and Tracking System (GRanTS) on-line application submittal tool, by the close of the application solicitation period. Staff shall post all applications received on the Commission's website within 30 days of the close of the solicitation period, with the exception of potentially confidential documents subject to the process described in section 6015.

(1) The application shall consist of the following:

(A) Maximum 20 page executive summary describing:

1. The project facilities and operations;

2. How the project is integrated into one or more state water systems, including use of new water sources such as recycled water or storm water capture. The summary must include information such as the project's inclusion in an integrated regional water management plan, other integrated planning documents, or interactions with existing projects and operations that support the description of integration;

3. How the project increases the flexibility of the water system(s) it is integrated with, including references to analyses, data, documents, or studies included in other parts of the application that support the added flexibility;

4. How the added quantity of water in the water system due to the project, or other metric, is important to increasing water system reliance and achieving public benefits;

5. The project's ability to contribute to sustainable groundwater management;

6. The project's ability to expand beyond its current capacity including any planned phases of expansion and explain the current status of any expansion described;

7. Physical and economic magnitude of public and non-public benefits; and

8. Other relevant information the applicant deems necessary to inform the Commission.

(B) Project name and objective, county, latitude, longitude, water source, watershed, groundwater basin, hydrologic region, senate district, assembly district, congressional district, project description, and maps, schematics, and engineering drawings to support the project description;

(C) Signed resolution from the authorized representatives or governing authority of the applicant designating an authorized representative to submit the application and execute an agreement with the State for Program funding;

(D) Contact information, including the name of organization, the point of contact and position title at the organization, email address, entity address and phone number;

(E) Explanation of eligibility, including which specific subsection of Water Code section 79712 or 79759 qualifies the applicant to apply and the subsection of Water Code section 79751 which qualifies the project type;

(F) Amount of Program funding requested, total capital costs, estimated total project cost, benefit and cost analysis, and cost allocation;

(G) Estimated project schedule that presents the anticipated timeline until the initial year of project operation;

(H) A preliminary operations plan or documentation describing, at a minimum, the following items:

1. Project operations and public benefits under a range of hydrologic conditions, including wettest and driest years and multiple dry years;

2. The actions that will be taken to meet the desired public benefit objectives;

3. How operations will be monitored to ensure public benefit outcomes; and

4. Preliminary adaptive management strategies, including:

a. Process through which an adaptive management and monitoring program will be developed for approval by the agency administering the public benefit;

b. Potential uncertainties that may impact project operations in the future;

c. Potential measurable objectives, performance measures, thresholds, and triggers to monitor project performance and achievement of desired outcomes;

d. Decision making process for changes in project operations, including potential management or corrective actions, if conditions fall outside the range of anticipated conditions or if public benefits are not provided as anticipated in the application; and

e. Funding sources and financial commitments to develop and implement an adaptive management and monitoring program.

(I) Explanation that the project does not adversely affect any river afforded protection pursuant to the California Wild and Scenic Rivers Act or the federal Wild and Scenic Rivers Act;

(J) Where an urban water supplier or agricultural water supplier is the applicant, verification from the Department that the urban or agricultural water supplier is in compliance or is working with the Department toward compliance with the requirements of Water Code section 10608.56;

(K) If applicable, identify affected groundwater basins, as defined by Water Code section 10722 et seq., and how the project would be integrated with future GSP(s). Explain how the project would reduce, eliminate, or have an effect on undesirable results within the affected groundwater basin(s). Describe how the applicant would work with GSA(s) or adjudicated participants of the basin.

(L) Documentation, analytical methods and results that support, substantiate, and quantify all public and non-public claimed physical benefits, as further defined in section 6004, including measurable improvements to the Delta ecosystem or to the tributaries to the Delta. If a project is not within the watershed of the Delta, the applicant shall identify specific water rights or water contracts that would be created or amended to ensure public benefits to the Delta ecosystem and shall provide supporting documentation of the parties' willingness to enter into such contracts or amendments including an explanation of how these changes would assure measurable improvements to the Delta ecosystem;

(M) Explanation of how the project improves the operations of the state water system;

(N) Physical and Economic Benefits Summary tables incorporated by reference herein (November 2016) and documentation that supports the quantification and monetization requirements listed in subsection 6004(a)(4) of these regulations;

(O) Documentation that demonstrates the project's engineering, environmental, economic, and financial feasibility as specified in the Water Storage Investment Program Technical Reference Document (Technical Reference) (November 2016), incorporated herein by reference, including draft feasibility studies (if available);

(P) Summary of how the applicant is coordinating with the owners and operators of facilities of water systems not owned or operated by the applicant or project partners that may be affected by the project;

(Q) For each ecosystem and water quality public benefits quantified pursuant to section 6004, the applicant shall identify at least one Program ecosystem or water quality priority in section 6007(c). For each identified Program ecosystem or water quality priority, the applicant shall submit the appropriate Ecosystem Priorities Application Worksheets (August 2016), incorporated herein by reference, or Water Quality Priority Application Tables (November 2016), incorporated herein by reference;

(R) Applicant's supporting documentation and explanation of how the project advances the long-term objectives of restoring ecological health and improves water management for beneficial uses of the Delta;

(S) Most recent version of publicly-available environmental documentation for the project;

(T) Summary of how the project may impact environmental or cultural resources and how the project will mitigate or minimize impacts to those resources;

(U) If applicable, evidence of Tribal Cultural Resource consultation under CEQA;

(V) A discussion of how the applicant will ensure that the proposed project will comply with and be consistent with all applicable local, state and federal laws and regulations, including existing environmental mitigation or compliance obligation requirements;

(W) A list of permits known to be necessary for construction and operation of the proposed project, along with a description of the status of and time to obtain each permit

(X) If applicable, request for early funding for completion of environmental documentation and/or permitting, the amount requested, associated schedule, budget, and scope of work for requested activities per section 6010;

(Y) Statement, under penalty of perjury pursuant to the laws of the State of California, attesting that the information provided in the application is true and correct to the best of the applicant's knowledge;

(Z) A summary of public benefits that cannot be monetized in the quantification of public benefits and does not address an ecosystem or water quality priority;

(AA) A listing of quantified net public benefits claimed and the existing environmental mitigation or compliance obligations that are accounted for in each net public benefit as of the date of the CalSim-II model product in section 6004(a)(1). Projects defined section 6004(a)(1)(E) can indicate "within model" for those existing environmental mitigation and compliance obligations contained in the model. If applicable to their claimed net public benefit such projects shall also list and account for the non-flow related mitigation and compliance obligations of the State Water Project and Central Valley Project;

(BB) A description and assumptions of the with-project conditions, as defined in subsection 6004(a)(2) as well as a description of the with and without project current conditions;

(CC) If the applicant does not use the model products and assumptions per subsection 6004(a)(1), a description of the assumptions the applicant used to determine the without-project future conditions; and

(DD) The applicant's uncertainty analysis required by subsection 6004(a)(8).

Cal. Code Regs. Tit. 23, § 6003

1. New section filed 3-7-2017; operative 3-7-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 10).

Note: Authority cited: Sections 79705, 79710, 79750 and 79754, Water Code. Reference: Sections 79705, 79710, 79750, 79751, 79753, 79754, 79755 and 79756, Water Code.

1. New section filed 3-7-2017; operative 3/7/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 10).