TO: Technical Advisory Group for the Napa County Groundwater Sustainability Agency
FROM: Brian D. Bordona, Director of Planning, Building and Environmental Services
REPORT BY: Jamison Crosby, Natural Resources Conservation Manager
SUBJECT: State Waterboard - Recharge Project Options
RECOMMENDATION
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Mike Conway, State Water Resources Control Board, will provide an overview of options available for temporary recharge permits (180-day and 5-year permits) and also floodwater diversion without a permit (Water Code Section 1242.1).
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Procedure
Staff introduces.
Questions and answers with the TAG.
Public comments.
BACKGROUND AND DISCUSSION
During previous meetings, preliminary information has been shared with the TAG regarding the NCGSA’s interest in preparing an application for a temporary recharge permit. At the November meeting, Mike Conway of the State Water Resources Control Board Division of Water Rights, will provide information on some options for Napa County to consider, including a 180-day or 5-year temporary permit and also an option that involves no permit for floodwater diversions under Water Code Section 1242.1. In June 2026, NCGSA submitted a letter of interest to the Department of Water Resources (DWR) for technical support services for assistance with the preparation of a permit application, and a kickoff meeting occurred on October 27 to initiate work on the permit and necessary components.
On the State Water Board website, the Board describes that temporary permits are not water rights. Temporary permits are a conditional approval to divert and use available water that has not been claimed by a water right holder. Temporary permits are junior to all water rights and include terms and conditions that prohibit diversions in times of water shortage when the demands of other right holders may not be met. There are two options for temporary permits for groundwater recharge (180-day permits and 5-year permits). Temporary permits can usually be processed more quickly than standard permits and may be renewed but are subject to change or revocation at any time.
Water Code Section 1242.1 allows parties to divert for groundwater recharge without a water right if in compliance with certain requirements. The State Water Board previously tracked implementation of a similar effort under Executive Orders N-4-23 and N-7-23. Executive Order N-14-26 (issued October 27, 2026) suspends the need for a local plan of flood control or consideration of flood risk in a general plan as a prerequisite for diversion of flood flows. This suspension only applies to eligible local or regional agencies per Water Code section 1242.1(a)(1).
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.
SUPPORTING DOCUMENTS
A. Recharge Project Options, Napa County TAG (presentation by Mike Conway, State Water Resources Control Board)
B. Technical Guidance, Using SGMA Regulatory Documents to Support Temporary Permits of Underground Storage (State Water Resources Control Board, Division of Water Rights, October 2026)