4c) Discussion and Possible Action Including Approval of Transmission of a Letter of Support for Assembly Bill 263 (Rogers)
(Sponsor: Supervisor Williams)
I am writing to express my strong support for AB 263 introduced by Assembly member Chris Rogers to restore and protect the Scott and Shasta Rivers.
AB 263 is a crucial bill to protect salmon spawning grounds in the Scott and Shasta Rivers. This legislation is critical to revitalizing some of California’s most important watersheds, which support Tribal communities, fisheries, and local economies. This legislation is a high priority for the Yurok and Karuk Tribes, who have stewarded these waters since time immemorial. Supporting this bill means standing with our Northern California Tribes and ensuring the survival of our salmon populations.
The Scott and Shasta are two tributaries that are critical to the Klamath River, and have consistently faced drought and significant water withdrawals, leading to rivers running dry and posing deadly threats to salmon. This bill will help ensure long-term ecological health by prioritizing habitat restoration, sustainable water management, and protections for fish and wildlife in the Klamath River and beyond.
These efforts will also strengthen Mendocino County’s economic resilience for fisheries. I urge you to support this legislation and advocate for the health of the Scott and Shasta Rivers and the communities that rely on it. Please vote to approve Agenda Item 4c Letter of Support for AB 263. Thank you for your leadership on environmental and water issues.
AB 263
Thank you Chair Haschak and fellow Supervisors. My name is Frost Pauli, I am a fifth generation Mendocino County farmer. I farm bartlett pears, bosc pear, and wine grapes in Potter Valley, Redwood Valley and Ukiah Valley.
I am here asking that you DO NOT endorse AB 263, for many reasons which I will quickly outline now.
What has happened in the Klamath River water shed is negatively affecting agricultural there in many ways. Whether or not the benefit to the environment as proposed comes to fruition is still to be determined, obviously. In the meantime, family farmers like my family are seeing generations of hard work swatted away. Despite three years of average or above average rain and snow, the State Water Resources Control Board has determined that there is not enough water for farms and for fish. It’s terrible. I feel bad for the farmers in Siskiyou County. I really do. But that is not why I am here and it is not why I ask you to oppose AB 263.
This issue for me is not about Siskiyou County or those rivers. It is about farmers right here in Mendocino County. And the people who live right here in Mendocino County. And the businesses and organizations who operate right here in Mendocino County. That is because AB 263 does not only apply to Siskiyou County. It sets a precedent that can be applied to any river in California, and, mark my words, WILL be applied to our rivers here in Mendocino County. Especially, but not limited to, the Eel River and the Russian River.
As you know, PG&E has asked for a variance on flows through the PVP each year since 2021. What if tomorrow, a State Assembly member from another district entirely, asks to make that variance permanent? Without looking at data on water availability or on the ground conditions. How would you feel if supervisors in other counties were voting to endorse a flawed bill that impacts us, in Mendocino County. Would you as a Supervisor support THAT bill?
Remove Shasta and Scott River from AB 263 and insert Garcia, Navarro, Noyo, Eel, Russian. Would you as a Supervisor support THAT bill?
We are looking at a future, according to an MOU this county has signed, where five or ten years from now Scott Dam and Capehorn Dam will be removed and the State Water Resources Control Board and other state and federal agencies will be trying to determine the new flow regime to supply appropriative water right holders in the Russian River with annual water supply, a very, very complicated issue which sounds to me a lot like what is happening in Siskiyou County. If AB 263, as written but applied to the Eel River, gave the State Water Board a pass, and said take as much time as you need, don’t worry! Forget science. Forget using data to make your decisions, it would leave Mendocino County business, Mendocino County water districts, and Mendocino County municipal water supply companies in limbo and without answers. Would you be endorsing that bill right now?
AB 263 is flawed in so many ways, that it is hard to drill down on any one flaw. But let me try anyway.
1. AB 263 has no end date. It is open ended. Removing any sense of urgency for state and federal policy makers to finish developing permanent water flow and availability regimes, or in other words, doing their jobs. It removes any incentive for the State Water Board to act quickly, for the protection of the environment, and for the protection of water supply.
2. As I already mentioned, AB 263 is not limited to Shasta and Scott Rivers. It sets a precedent that can be applied to any river in California.
3. AB 263 takes what up until now has been an emergency order, and regardless of regional hydrological conditions, data and science, establishes a statute enacted by people with zero ties or connection to the effected region. Emergency regulations are established in times of emergency and drought, and their shorter lifespan and annual renewal process are designed to reflect this. Permanently enshrining in state code a regulation intended to address an urgent, short-term need runs contrary to the very concept of an emergency regulation.
4. AB 263 circumvents collaborative, public participation and efforts between local interests, sate and federal agencies, and says that anyone, anywhere, can dictate what happens in someone else’s back yard.
5. Already, in its very short life, AB 263 has been opposed by the California Municipal Utilities Association, Western Growers Association, CalChamber, the Association of California Water Agencies, the Valley Ag Water Coalition, the California Farm Bureau, the Siskiyou County Farm Bureau, and the Mendocino County Farm Bureau. And that list is growing every day.
In conclusion, AB 263 is offensive to the people of Siskiyou County, their business and towns, their Supervisors and sate elected leaders. Ask yourselves, when the role is reversed and outsiders are trying to dictate what is best for the rivers of Mendocino County, will you support that? Look to the future of our own water struggles and see how AB 263 could be applied right here in Mendocino County. How it would impact our citizens. And vote not to endorse AB 263.
Thank you for your time and consideration.
Sincerely,
Frost Pauli
As a constituent of Ted Williams I support 4c and his sponsoring of a letter of support for the Tribes and watershed protectors request that emergency regulations be in place while the State Water Resources Board adopts permanent rules regarding water flow in the Shasta and Scott Rivers which AB 263 is calling for. Additionally I support 3d,3e, 3f, 3m,and 3n. As well, being a county dependent on the coast for tourism it is critical to protect and support policies that strengthen coastal protections and ensure the California Coastal Commission maintains authority instead of dismantling it as the executive "leadership" is seeking to do. The same is true for AB 1468 which aims to gut all Ethnic Studies from our state's Educational Department negatively impacting all county High Schools. In these most scary times of constitutional crisis unfolding before US -regional, local governments and the Judiciary are our life force. I thank you and please do continue to represent our voices!
I am encouraged that the Mendocino County Board of Supervisors has been asked to support AB 263. Simply put, the BOS is being asked to support the Tribes request that emergency regulations be in place while the State Water Resources Board adopts permanent rules regarding water flow in the Shasta and Scott Rivers. It is incumbent on our elected local leaders to stand up for the health of northern rivers. Climate change threatens the life of our natural resources and the protection of those resources are under attack. Do the right thing...Extend the emergency regulations.
The Mendocino County Russian River Flood Control & Water Conservation Improvement District respectfully requests that during the Board’s discussion, the item sponsor provides the relevance for the County to weigh in on this matter.
AB 263 (Rogers, D-Healdsburg) would provide that emergency regulations adopted by the State Water Resources Control Board for the Scott and Shasta watersheds would remain in effect until the State Water Resources Control Board adopted permanent rules establishing and implementing instream flow requirements. The Association of California Water Agencies (ACWA) has an oppose position on the bill because it would set precedent for extending emergency regulations and disrupting the current established process for establishing and renewing emergency regulations in times of drought. Many Mendocino County water agencies are members of ACWA including this District, whose General Manager represents our region on the statewide ACWA Board of Directors.
The Russian River watershed has experience under State Water Resources Control Board Emergency Regulations, which often lead to curtailment of exercising water rights. The consideration of approving Emergency Regulations is done so under extreme situations with extensive analysis of water supply and demand data. The proposal to establish permanent rules through extending Emergency Regulations disregards analysis of regional hydrologic conditions, eliminates a thorough public engagement process, and sets precedent for a similar action of extending emergency orders beyond their original intent and need in other watersheds.
The State Water Resources Control Board is developing long-term instream flow objectives in the Scott River and Shasta River Watersheds. In the meantime, an updated emergency regulation that maintains minimum flow requirements and authorizes curtailment orders should flows fall below those levels went into effect on February 1, 2025, and remains in effect until February 1, 2026, unless re-adopted or rescinded. Therefore, it is not a matter of if there will be a permanent solution but when. The legal process in place allows for scientifically supported decisions by the State Water Resources Control Board.
This District respectfully asks the Mendocino County Supervisors if their collective understanding and expertise is sufficient to take a position on AB 263 and if they are confident that the precedent setting nature of this bill will not result in negative consequences for Mendocino County watersheds in the future.
Elizabeth Salomone, General Manager of the Mendocino County Russian River Flood Control & Water Conservation Improvement District
I am supporting Ted William’s sponsoring of a letter by the Supervisors supporting AB 263 introduced by Assemblymember Chris Rogers. This critical legislation will help restore and protect the Scott and Shasta River watershed and will insure stronger protections for coho and chinook salmon that depend on these Rivers. Many chinook salmon populations in the western United States are listed as threatened or endangered under the Endangered Species Act. Coho salmon in the Klamath Basin are listed as a threatened species under both the state and federal endangered species acts.
Healthy salmon populations are essential to Northern California’s environment, economy, and Tribes in the Scott, Shasta, and Klamath Watershed areas. With ongoing challenges like drought, habitat loss, dams, and pollution, this bill represents a crucial step toward long-term restoration and resilience. This bill would provide that specified emergency regulations adopted by the State Water Resources Control Board for the Scott River and Shasta River watersheds shall remain in effect until permanent rules establishing and implementing long-term instream flow requirements are adopted for those watersheds.
With the gutting of federal regulations and programs it is absolutely crucial that we protect these fish.
Thank you, Ted Williams, for sponsoring and supporting this bill. I am glad to see that one of our county’s leaders is pro-active in efforts to preserve and restore our state’s environmental treasures. I hope your fellow Supervisors will see the importance of this effort.
I write in support of our County taking a position of support for Bill 263 which is an expression of support for the water rights of indigenous tribes and protection of endangered species and environmental habitats. How water is distributed and shared is absolutely relevant to everyone. This is a social justice and equity issue as well as a natural resource issue. This is about preventing the agricultural industry from superseding indigenous rights, traditional water rights, and the protection of endangered species. We already know the effects of overuse of water for agriculture--we can not continue subsidizing and facilitating unsustainable farming practices. And especially not at direct cost to indigenous people and endangered species.
Endangered Habitats League writes from Southern California to express our strong support for AB 263 to restore and protect the Scott and Shasta Rivers. This legislation is critical to revitalizing some of California’s most important watersheds, which support Tribal communities, fisheries, and local economies.
As a conservationist, advocate for salmon trout and steelhead, former resident and graduate of Fort Bragg High School and Mendocino County property owner, I urge the Mendocino County board of supervisors to support AB 263. It's imperative to protect our salmon and steelhead in the Klamath basin during years of water scarcity. Thank you.
Trevor S. Fagerskog - Trout Unlimited, California Council Chair
Please vote to express strong support for AB 263! It is clear to Tribal people and scientists alike: improving salmon habitat improves salmon populations, and when this happens in one part of the north coast woods it improves salmon populations all over the north coast oceans. The bill also provides a model and precedent for improving salmon outcomes that can be used in other situations as well. I support this bill and our new Assemblymember Rogers in his push to join the Assembly and make a strong stand for salmon and all the other critters that will benefit from this bill, and I urge you to show strong support for him by supporting this letter! Thank you.
I strongly support AB 263 which will restore and protect the Scott and Shasta Rivers. We should listen to the Tribes about how to protect the salmon and waterways. Please support this letter.
I am writing to express my strong support for AB 263 introduced by Assembly member Chris Rogers to restore and protect the Scott and Shasta Rivers.
AB 263 is a crucial bill to protect salmon spawning grounds in the Scott and Shasta Rivers. This legislation is critical to revitalizing some of California’s most important watersheds, which support Tribal communities, fisheries, and local economies. This legislation is a high priority for the Yurok and Karuk Tribes, who have stewarded these waters since time immemorial. Supporting this bill means standing with our Northern California Tribes and ensuring the survival of our salmon populations.
The Scott and Shasta are two tributaries that are critical to the Klamath River, and have consistently faced drought and significant water withdrawals, leading to rivers running dry and posing deadly threats to salmon. This bill will help ensure long-term ecological health by prioritizing habitat restoration, sustainable water management, and protections for fish and wildlife in the Klamath River and beyond.
These efforts will also strengthen Mendocino County’s economic resilience for fisheries. I urge you to support this legislation and advocate for the health of the Scott and Shasta Rivers and the communities that rely on it. Please vote to approve Agenda Item 4c Letter of Support for AB 263. Thank you for your leadership on environmental and water issues.
Sincerely,
Taylor Bright
AB 263
Thank you Chair Haschak and fellow Supervisors. My name is Frost Pauli, I am a fifth generation Mendocino County farmer. I farm bartlett pears, bosc pear, and wine grapes in Potter Valley, Redwood Valley and Ukiah Valley.
I am here asking that you DO NOT endorse AB 263, for many reasons which I will quickly outline now.
What has happened in the Klamath River water shed is negatively affecting agricultural there in many ways. Whether or not the benefit to the environment as proposed comes to fruition is still to be determined, obviously. In the meantime, family farmers like my family are seeing generations of hard work swatted away. Despite three years of average or above average rain and snow, the State Water Resources Control Board has determined that there is not enough water for farms and for fish. It’s terrible. I feel bad for the farmers in Siskiyou County. I really do. But that is not why I am here and it is not why I ask you to oppose AB 263.
This issue for me is not about Siskiyou County or those rivers. It is about farmers right here in Mendocino County. And the people who live right here in Mendocino County. And the businesses and organizations who operate right here in Mendocino County. That is because AB 263 does not only apply to Siskiyou County. It sets a precedent that can be applied to any river in California, and, mark my words, WILL be applied to our rivers here in Mendocino County. Especially, but not limited to, the Eel River and the Russian River.
As you know, PG&E has asked for a variance on flows through the PVP each year since 2021. What if tomorrow, a State Assembly member from another district entirely, asks to make that variance permanent? Without looking at data on water availability or on the ground conditions. How would you feel if supervisors in other counties were voting to endorse a flawed bill that impacts us, in Mendocino County. Would you as a Supervisor support THAT bill?
Remove Shasta and Scott River from AB 263 and insert Garcia, Navarro, Noyo, Eel, Russian. Would you as a Supervisor support THAT bill?
We are looking at a future, according to an MOU this county has signed, where five or ten years from now Scott Dam and Capehorn Dam will be removed and the State Water Resources Control Board and other state and federal agencies will be trying to determine the new flow regime to supply appropriative water right holders in the Russian River with annual water supply, a very, very complicated issue which sounds to me a lot like what is happening in Siskiyou County. If AB 263, as written but applied to the Eel River, gave the State Water Board a pass, and said take as much time as you need, don’t worry! Forget science. Forget using data to make your decisions, it would leave Mendocino County business, Mendocino County water districts, and Mendocino County municipal water supply companies in limbo and without answers. Would you be endorsing that bill right now?
AB 263 is flawed in so many ways, that it is hard to drill down on any one flaw. But let me try anyway.
1. AB 263 has no end date. It is open ended. Removing any sense of urgency for state and federal policy makers to finish developing permanent water flow and availability regimes, or in other words, doing their jobs. It removes any incentive for the State Water Board to act quickly, for the protection of the environment, and for the protection of water supply.
2. As I already mentioned, AB 263 is not limited to Shasta and Scott Rivers. It sets a precedent that can be applied to any river in California.
3. AB 263 takes what up until now has been an emergency order, and regardless of regional hydrological conditions, data and science, establishes a statute enacted by people with zero ties or connection to the effected region. Emergency regulations are established in times of emergency and drought, and their shorter lifespan and annual renewal process are designed to reflect this. Permanently enshrining in state code a regulation intended to address an urgent, short-term need runs contrary to the very concept of an emergency regulation.
4. AB 263 circumvents collaborative, public participation and efforts between local interests, sate and federal agencies, and says that anyone, anywhere, can dictate what happens in someone else’s back yard.
5. Already, in its very short life, AB 263 has been opposed by the California Municipal Utilities Association, Western Growers Association, CalChamber, the Association of California Water Agencies, the Valley Ag Water Coalition, the California Farm Bureau, the Siskiyou County Farm Bureau, and the Mendocino County Farm Bureau. And that list is growing every day.
In conclusion, AB 263 is offensive to the people of Siskiyou County, their business and towns, their Supervisors and sate elected leaders. Ask yourselves, when the role is reversed and outsiders are trying to dictate what is best for the rivers of Mendocino County, will you support that? Look to the future of our own water struggles and see how AB 263 could be applied right here in Mendocino County. How it would impact our citizens. And vote not to endorse AB 263.
Thank you for your time and consideration.
Sincerely,
Frost Pauli
As a constituent of Ted Williams I support 4c and his sponsoring of a letter of support for the Tribes and watershed protectors request that emergency regulations be in place while the State Water Resources Board adopts permanent rules regarding water flow in the Shasta and Scott Rivers which AB 263 is calling for. Additionally I support 3d,3e, 3f, 3m,and 3n. As well, being a county dependent on the coast for tourism it is critical to protect and support policies that strengthen coastal protections and ensure the California Coastal Commission maintains authority instead of dismantling it as the executive "leadership" is seeking to do. The same is true for AB 1468 which aims to gut all Ethnic Studies from our state's Educational Department negatively impacting all county High Schools. In these most scary times of constitutional crisis unfolding before US -regional, local governments and the Judiciary are our life force. I thank you and please do continue to represent our voices!
I am encouraged that the Mendocino County Board of Supervisors has been asked to support AB 263. Simply put, the BOS is being asked to support the Tribes request that emergency regulations be in place while the State Water Resources Board adopts permanent rules regarding water flow in the Shasta and Scott Rivers. It is incumbent on our elected local leaders to stand up for the health of northern rivers. Climate change threatens the life of our natural resources and the protection of those resources are under attack. Do the right thing...Extend the emergency regulations.
The Mendocino County Russian River Flood Control & Water Conservation Improvement District respectfully requests that during the Board’s discussion, the item sponsor provides the relevance for the County to weigh in on this matter.
AB 263 (Rogers, D-Healdsburg) would provide that emergency regulations adopted by the State Water Resources Control Board for the Scott and Shasta watersheds would remain in effect until the State Water Resources Control Board adopted permanent rules establishing and implementing instream flow requirements. The Association of California Water Agencies (ACWA) has an oppose position on the bill because it would set precedent for extending emergency regulations and disrupting the current established process for establishing and renewing emergency regulations in times of drought. Many Mendocino County water agencies are members of ACWA including this District, whose General Manager represents our region on the statewide ACWA Board of Directors.
The Russian River watershed has experience under State Water Resources Control Board Emergency Regulations, which often lead to curtailment of exercising water rights. The consideration of approving Emergency Regulations is done so under extreme situations with extensive analysis of water supply and demand data. The proposal to establish permanent rules through extending Emergency Regulations disregards analysis of regional hydrologic conditions, eliminates a thorough public engagement process, and sets precedent for a similar action of extending emergency orders beyond their original intent and need in other watersheds.
The State Water Resources Control Board is developing long-term instream flow objectives in the Scott River and Shasta River Watersheds. In the meantime, an updated emergency regulation that maintains minimum flow requirements and authorizes curtailment orders should flows fall below those levels went into effect on February 1, 2025, and remains in effect until February 1, 2026, unless re-adopted or rescinded. Therefore, it is not a matter of if there will be a permanent solution but when. The legal process in place allows for scientifically supported decisions by the State Water Resources Control Board.
This District respectfully asks the Mendocino County Supervisors if their collective understanding and expertise is sufficient to take a position on AB 263 and if they are confident that the precedent setting nature of this bill will not result in negative consequences for Mendocino County watersheds in the future.
Elizabeth Salomone, General Manager of the Mendocino County Russian River Flood Control & Water Conservation Improvement District
I am supporting Ted William’s sponsoring of a letter by the Supervisors supporting AB 263 introduced by Assemblymember Chris Rogers. This critical legislation will help restore and protect the Scott and Shasta River watershed and will insure stronger protections for coho and chinook salmon that depend on these Rivers. Many chinook salmon populations in the western United States are listed as threatened or endangered under the Endangered Species Act. Coho salmon in the Klamath Basin are listed as a threatened species under both the state and federal endangered species acts.
Healthy salmon populations are essential to Northern California’s environment, economy, and Tribes in the Scott, Shasta, and Klamath Watershed areas. With ongoing challenges like drought, habitat loss, dams, and pollution, this bill represents a crucial step toward long-term restoration and resilience. This bill would provide that specified emergency regulations adopted by the State Water Resources Control Board for the Scott River and Shasta River watersheds shall remain in effect until permanent rules establishing and implementing long-term instream flow requirements are adopted for those watersheds.
With the gutting of federal regulations and programs it is absolutely crucial that we protect these fish.
Thank you, Ted Williams, for sponsoring and supporting this bill. I am glad to see that one of our county’s leaders is pro-active in efforts to preserve and restore our state’s environmental treasures. I hope your fellow Supervisors will see the importance of this effort.
I write in support of our County taking a position of support for Bill 263 which is an expression of support for the water rights of indigenous tribes and protection of endangered species and environmental habitats. How water is distributed and shared is absolutely relevant to everyone. This is a social justice and equity issue as well as a natural resource issue. This is about preventing the agricultural industry from superseding indigenous rights, traditional water rights, and the protection of endangered species. We already know the effects of overuse of water for agriculture--we can not continue subsidizing and facilitating unsustainable farming practices. And especially not at direct cost to indigenous people and endangered species.
Endangered Habitats League writes from Southern California to express our strong support for AB 263 to restore and protect the Scott and Shasta Rivers. This legislation is critical to revitalizing some of California’s most important watersheds, which support Tribal communities, fisheries, and local economies.
Dan Silver
Executive Director
As a conservationist, advocate for salmon trout and steelhead, former resident and graduate of Fort Bragg High School and Mendocino County property owner, I urge the Mendocino County board of supervisors to support AB 263. It's imperative to protect our salmon and steelhead in the Klamath basin during years of water scarcity. Thank you.
Trevor S. Fagerskog - Trout Unlimited, California Council Chair
Please vote to express strong support for AB 263! It is clear to Tribal people and scientists alike: improving salmon habitat improves salmon populations, and when this happens in one part of the north coast woods it improves salmon populations all over the north coast oceans. The bill also provides a model and precedent for improving salmon outcomes that can be used in other situations as well. I support this bill and our new Assemblymember Rogers in his push to join the Assembly and make a strong stand for salmon and all the other critters that will benefit from this bill, and I urge you to show strong support for him by supporting this letter! Thank you.
I strongly support AB 263 which will restore and protect the Scott and Shasta Rivers. We should listen to the Tribes about how to protect the salmon and waterways. Please support this letter.