Permitting

Construction Biological and Conference Opinion

The U.S. Fish and Wildlife Service issued a biological and conference opinion for construction of the Sites Reservoir Project on July 16, 2025. The biological and conference opinion was completed under Section 7 of the Federal Endangered Species Act (ESA) with the Bureau of Reclamation as the lead federal agency. The biological opinion identifies the effects of the construction of the Sites Reservoir Project on 8 federally-listed endangered or threatened species. The conference opinion identifies the effects of the construction of the Project on 3 species proposed for listing under the Federal ESA. The measures related to these 3 species take effect if the species are listed.

Construction Biological and Conference Opinion on the Proposed Sites Reservoir Project

Lake and Streambed Alteration Agreement

The California Department of Fish and Wildlife (CDFW) issued a Master Lake and Streambed Alteration Agreement for the construction of the Sites Reservoir Project on July 7, 2025. The Lake and Streambed Alteration Agreement identifies the effects of the construction on fish and wildlife resources associated with waters in the construction footprint. The Agreement became effective when issued and expires in July 2035 unless extended.

Master Lake and Streambed Alteration Agreement

Incidental Take Permits (ITPs)

The California Department of Fish and Wildlife (CDFW) issued an incidental take permit (ITP) for construction of the Sites Reservoir Project on October 22, 2024, and an ITP for operations of the Project on October 24, 2024. Key components of the Construction and Operations ITPs are discussed below.

Species Covered and Permit Term of Construction ITP: The Authority received incidental take coverage in compliance with the California Endangered Species Act (CESA) for all species and associated habitats requested in the ITP application. This includes Giant garter snake, Swainson’s hawk, and Tricolored blackbird, as well as Crotch’s bumble bee (candidate species). The Construction ITP is effective upon issuance and, unless renewed by CDFW, will expire on December 31, 2034.

Species Covered and Permit Term of Operations ITP: The Authority received incidental take coverage in compliance with CESA for all species requested in the Operations ITP application and 2024 Supplemental application. This includes the Winter-run Chinook Salmon, Spring-run Chinook Salmon, Delta Smelt, Longfin Smelt, and White Sturgeon (candidate species). The Operations ITP is effective upon issuance and, unless renewed by CDFW, will expire on December 31, 2039.

Bald and Golden Eagle Take Permit

On April 7, 2023, the U.S. Fish and Wildlife Service (USFWS) issued a Bald and Golden Eagle Take Permit to the Sites Authority. The permit was effective upon issuance and is effective through August 31, 2026.

Eagle Permit

Water Right Permit

The Sites Project Authority is pursuing a water right permit from the State Water Resources Control Board (SWRCB), which will provide them legal authority to divert water within certain conditions, for a specific purpose, and for use within a specified area. The Authority will be the State designated steward of the water right for the Sites Reservoir Project.

The Authority is in the process of obtaining a water right permit for the Project:

On August 19, 2024, the Sites Project water right hearing began and is expected to continue through 2025.
On March 1, 2024, the State Water Board issued a Notice of Public Hearing and Pre-hearing Conference and has issued several amended notices since then.
On June 2, 2023, the State Water Board issued public notice of the water right application for the Sites Reservoir Project.
On May 5, 2023, the State Water Board deemed the amended application sufficient to proceed with public notice of the application.
On January 6, 2023, the Sites Project Authority submitted an amended application for the Sites Reservoir Project. The amended application can be accessed through the eWRIMS Database System.
On August 26, 2022, the State Water Board accepted the Sites Project Authority’s water right application and requested information missing from the application before proceeding forward with processing the application.
A water rights application (Application A025517X01) was filed by the Sites Project Authority for the Sites Reservoir Project on May 11, 2022. The application can be accessed through the eWRIMS Database System.

For more information on the Sites Water Right process and for all hearing notices, please visit the State Water Board website.

How to Access the Sites Reservoir Project Application

Visit the eWRIMS Database System. (Public Database)
Click the “eWRIMS Database System” hyperlink
Click the “Water Rights Records Search”
Find the “Application ID” search field
Enter the Application ID for the Sites Reservoir water right: A025517X01
Click “Search”

Review this guide for more detailed instructions on how to use eWRIMS. For questions, please contact the Division of Water Rights at (916) 341-5431 or ewrims@waterboards.ca.gov.

The Authority had also developed an interactive map of the Points of Diversion and Rediversion and Place of Use that can be accessed here: Sites Reservoir Water Right Application – Proposed Place of Use, Points of Diversion & Points of Rediversion (arcgis.com). This map does not replace the original map on file with the State Water Board.