Some permit and license to divert water contain a "Term 91" which can preclude diversions under those permits and licenses under certain circumstances. Generally, when the Central Valley Project and the State Water Project have to release stored water from their reservoirs to meet in-Delta water quality standards, then those persons or entities with Term 91 in their permit or license must cease diversions under the permit or license. The term commonly controls in summer, but depending on the year's hydrology it may be in effect all year (during doughts) or not in effect at all (high flow years). If the permitee or licensee also has a riparian or pre-1914 right, then he/she may be able to divert under one of those rights when Term 91 precludes diversions under the permit or license. There are a very limited number of Term 91 permits or licenses in the Delta,
The State Water Resources Control Board Term 91 webpage can be found by clicking the button below.
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