Streambed Alteration Agreement
If the proponent does not approve the protections contained in the draft contract, the proponent must notify the CDFW in writing of measures it deems unacceptable within 30 days of receiving the draft contract. Cal. Fish – Game Code No. 1603 (a). If the developer approves the safeguards contained in the draft contract, the developer must return a signed copy of the agreement to CDFW. The CDFW adopts a written conclusion agreement signed by the Agency, which contains all protected measures deemed necessary for the protection and conservation of fish and wild resources. The proponent of the project can only proceed with the project when it receives a copy of the final agreement signed by the Agency and must execute the project in accordance with the safeguards set out in the agreement. Cal. Fish – Game Code Nr.
1602 (a) (4) (B). For the purpose of the notification of modification for creek beds or seabeds, the term “flow” includes all multi-year, volatile and intermittent streams. Within 14 days of receiving the developer`s meeting request to resolve disputes over the safeguards contained in the draft contract, CDFW must meet with the developer. Cal. Fish – Game Code No. 1603 (a). If the proponent and the CDFW agree on the protection measures for the protection and conservation of fish and wildlife resources, it is the CDFW that adopts a final agreement. See Element 19-CA-h.17 – Final Streambed/Lakebed Alteration Agreement, below. If the developer does not respond within 90 days of receiving the draft contract, CDFW can withdraw the contract and ask the developer to resubmit notification of streambed or Lakebed changes. CDFG 1603 (a). Within 14 days of the creation of the proceeding, the Arbitration Committee makes a decision on the safeguards to be included in the final agreement. The arbitration committee`s decision is binding on both CDFW and the developer.
However, under section 1604, any party can confirm, correct or clean up the decision before the Tribunal. If the developer and the CDFW are unable to reach mutual agreement on the necessary safeguards to protect and conserve fish and wildlife resources, the developer may request in writing the appointment of an arbitration committee to end the disagreement.