<p> STATE WATER RESOURCES CONTROL BOARD BOARD MEETING MINUTES January 22, 2003</p><p>Note: Copies of the orders, decisions, and resolutions mentioned in these minutes can be obtained from Maureen Marché, State Water Resources Control Board, Post Office Box 100, Sacramento, California, 95812- 0100; or call (916) 341-5600.</p><p>CALL TO ORDER The meeting was called to order by Arthur G. Baggett, Jr., Chair, Wednesday, January 22, 2003, at 9:09 a.m., in the Coastal Hearing Room, 1001 I Street, Sacramento, California.</p><p>BOARD MEMBERS PRESENT Arthur G. Baggett, Jr., Peter S. Silva, Richard Katz and Gary Carlton.</p><p>BOARD MEMBERS ABSENT None</p><p>STAFF PRESENT Celeste Cantú, Harry Schueller, Thomas Howard, Craig M. Wilson, Maureen Marché and Barbara Leidigh.</p><p>OTHERS PRESENT Tim Cremins, Operating Engineers; David L. Hamilton, Advisory Committee, IUOE Local 50; Kristen Castanos, City of Stockton; Dan Suyeyasu, Dagny Grant and Jason Miller, Ellison, Schneider & Harris. </p><p>PRESENTATION OF CUSTOMER SERVICE AWARDS Customer Service Awards awards were presented to Debbie Matulis and Michael Lauffer, Office of Chief Counsel.</p><p>The Superior Accomplishment Award was presented to the IID Hearing Team of Andy Fecko, Gita Kapahi, Dana Differding, Meri Schmidgdall and Tom Peltier (not available).</p><p>PUBLIC FORUM No one addressed the Board.</p><p>MINUTES The Board unanimously approved the minutes of the November 19, December 2 and December 20, 2002 Board Meetings.</p><p>UNCONTESTED ITEMS Item #3 was removed from consideration and rescheduled for February 4, 2003 Board Meeting.</p><p>Items 2, 4-8 and 10 were unanimously adopted as recommended by staff. Items 1 and 9 were adopted: Board Member Carlton did not participate in these matters.</p><p>WATER QUALITY PETITION 1. In the Matter of the Petition of City of Stockton for Review of Waste Discharge Requirements Order No. R5-2002-0083 and Cease and Desist Order No. R5-2002-0084 for Stockton Regional Wastewater Control Facility, Issued by the California Regional Water Quality Control Board, Central Valley Region (Regional Board). SWRCB/OCC File A-1483 (Note: Board Member Carlton will not be participating in this matter.)</p><p>Motion: The Board adopted the proposed order. WQ Order 2002-0018 REGULATIONS 2. Consideration of a Resolution to Amend Regulations Governing Review By State Board Of Action Or Failure To Act By Regional Board. </p><p>Motion: The Board unanimously adopted the proposed resolution. Resolution No. 2003-0001</p><p>FINANCIAL ASSISTANCE 3. Consideration of a Resolution Finding a Condition of Emergency and Adopting an Emergency Regulation Setting Fees for the Wastewater Treatment Plant Classification and Operator Certification Program. </p><p>Item #3 was not considered and rescheduled to the February 4, 2003 Board Meeting.</p><p>4. Consideration of Adoption of an Amendment to the Policy for Implementing the State Revolving Fund Construction of Wastewater Treatment Facilities. </p><p>Motion: The Board unanimously adopted the proposed resolution approving the amendment. Resolution No. 2003 - 0002</p><p>5. Consideration of Appointment of Clean Beaches Task Force Members to Review Projects for the Clean Beaches Program Created by Assembly Bill 2534. </p><p>Motion: The Board unanimously adopted the proposed resolution. Resolution No. 2003 - 0003</p><p>6. Consideration of a Resolution Authorizing Issuance of an $1,800,000 Loan Contract and Amendments from the Agricultural Drainage Loan Program to the Panoche Drainage District for the Irrigation System Improvement Project. </p><p>Motion: The Board unanimously adopted the proposed resolution. Resolution No. 2003 - 0004</p><p>7. Consideration of a Resolution Authorizing Issuance of a State Revolving Fund Loan Contract and Amendments for up to $4,592,610 to the Marin Audubon Society for the Bahia Acquisition Project. </p><p>Motion: The Board unanimously adopted the proposed resolution approving the loan. Resolution No. 2003 - 0005</p><p>WATER QUALITY 8. Consideration of a Resolution Approving an Amendment to the Water Quality Control Plan for the Lahontan Region to Establish a Total Maximum Daily Load for Phosphorus for the Indian Creek Reservoir, Alpine County, California. </p><p>Motion: The Board unanimously adopted the proposed resolution. Resolution No. 2003 - 0006</p><p>9. Consideration of Approval of an Amendment to the Water Quality Control Plan for Sacramento River and San Joaquin River Basins to Incorporate Site-Specific Objectives for pH and Turbidity for Deer Creek. (Note: Board Member Carlton will not be participating in this matter.)</p><p>Motion: The Board unanimously adopted the proposed resolution. Resolution No. 2003 - 0007</p><p>2 ADMINISTRATION 10. Consideration of a Proposed Resolution Authorizing the Executive Director or Designee to Apply for, Accept, Amend, Execute or Terminate Federal Assistance Agreements, Interagency Agreements or Contracts Involving up to $500,000. in Federal Funds or up to Three (3) Years in Duration, Whichever is More Limiting, With the U.S. Environmental Protection Agency, the U.S. Department of Energy and Other Federal Entities. </p><p>Motion: The Board unanimously adopted the proposed resolution. Resolution No. 2003 - 0008</p><p>WATER RIGHTS 11. Consideration of a Proposed Order Reconsidering and Affirming WR Order 2002-0010-DWR, Which Denied a Temporary Change in Place of Use and Purpose of Use (Water Code Sections 1707 and 1725- 1732) of Claimed Pre-1914 Water Right (Statement #S015151) to Waters of the North Fork Tule River.</p><p>Barbara Leidigh, Office of Chief Counsel, presented the item recommending approval of the proposed order and addressed one comment received requesting deletion of section 4 of the order, last sentence, page 5. </p><p>Mssrs. Suyeyasu and Miller addressed the Board.</p><p>The Board directed the last sentence be stricken from page 5, section 4.</p><p>To avoid abandoning a pre-1914 water right when transferring it to instream use, if the water right holder does not take the water under physical control by some means, a pre-1914 water right holder must obtain approval of the transfer under Water Code section 1707. (See Fullerton v. SWRCB (1979) 90 Cal.App.3d 590 [153 Cal.Rptr.518].)</p><p>Motion: The Board unanimously adopted the proposed order as revised. WQ Order 2003-0001</p><p>ADJOURNMENT The Chairman adjourned the meeting at 9:30 a.m.</p><p>3</p>