Protecting our Lifeline: Why the Clean Water Act is Essential for the Yuba River

The Yuba River is an iconic California landscape, providing vital clean water, supporting salmon populations, and offering unparalleled recreation opportunities.  Its beauty and ecological importance underscore the need for strong protections that keep our water clean and safe.   

One of the most important tools for safeguarding rivers like the Yuba is Section 401 of the Federal Clean Water Act. This provision grants states (like California) and Tribes the authority to certify that federally permitted activities will not violate the state’s water quality standards. This includes hydropower operations, dam construction, pipeline crossings, and dredge-and-fill projects that discharge into waters of the U.S. like the Yuba River and its tributaries. 

This means that before a federal license or permit is issued — by agencies such as the Federal Energy Regulatory Commission (FERC) or the U.S. Army Corps of Engineers — the project must first obtain a Section 401 Water Quality Certification from the relevant state authority. In California, this authority is the State Water Resources Control Board (SWRCB) or the appropriate Regional Water Quality Control Board. 

Now, the current Administration is considering changes to the Clean Water Act that could weaken these protections and potentially impact the Yuba River for generations to come.  

A Brief History of the Clean Water Act and Section 401 

The Clean Water Act (CWA) was passed in 1972 and signed by President Nixon in response to public outcry over unchecked industrial and municipal waste decimating America’s rivers, then so polluted they were literally catching fire. The law established a comprehensive federal-state partnership to protect and restore the “chemical, physical, and biological integrity” of the nation’s waters. 

Section 401 was included in the CWA to give states and Tribes a critical role in that partnership. It ensured that federal projects such as dams, pipelines, or mines cannot proceed without local approval, ensuring that water quality standards will be upheld. In essence, Section 401 was created to keep decisions about water not only in federal hands, but, most importantly, also in the hands of the people and communities who live closest to it. 

Over the decades, Section 401 has been a powerful tool for states like California to impose conditions or even deny federal permits when a project threatens fish habitat, drinking water, or recreational use – things that are important to Californians. The law has been tested and reshaped by court decisions, federal rulemakings, and recent political debates, but its core principle remains: local control to protect clean water. 

How It Works 

Section 401 ensures that federally licensed projects do not degrade water quality, violate standards, or harm beneficial uses.  

States may choose to certify the project as it is proposed or add enforceable conditions to protect water quality.  States also have the ability to deny certification altogether if water quality standards cannot be met.  

The Yuba Watershed: Where Section 401 Matters 

Federal Hydropower Licenses 

Yuba Water Agency’s Yuba River Development Project (FERC No. 2246) 

• Includes facilities on the North Yuba and Lower Yuba, including New Bullards Bar Dam and Reservoir, Colgate Powerhouse, and Our House and Log Cabin diversion dams. 
• The State Water Resources Control Board will soon consider a  Section 401 certification to ensure adequate water quality through actions like flow requirements. 

Nevada Irrigation District’s Yuba-Bear Hydroelectric Project (FERC No. 2266) 

• Involves storage and diversion facilities on the South Yuba, Canyon Creek, and Bear River. 
• The Draft 401 certification (issued by the Board in June 2025) addresses issues like minimum instream flows, fish entrapment, temperature management, and sediment transport. 

PG&E’s Drum-Spaulding Project (FERC No. 2310) 

• A complex system overlapping with NID’s, impacting headwaters and tributaries of the South Yuba. 
• A 401 certification was issued in February 2021 for the project.  

These FERC licenses can last 40–50 years. The 401 Certification is often the only chance in a generation to demand stronger environmental protections related to water quality. 

What Does this Mean for the Yuba? 

The Yuba River watershed supports: 

• Drinking water for rural and foothill communities. 
• Cold-water habitat for native and endangered fish like spring-run Chinook and steelhead. 
• Swimming holes, boating, and fishing beloved by residents and visitors. 
• Agricultural water supply for farms and ranches. 
• Cultural connections for Indigenous communities. 

In California, water quality standards are set by the State (and Regional) Boards to protect the beneficial uses of rivers like the Yuba.  These standards include limits on temperature, sediment, and pollutants.   

For the Yuba River, this means maintaining cold-water habitat for salmon and steelhead, preventing toxic algae blooms, and safeguarding water for local communities and ecosystems. Without strong certification conditions: 

• River temperatures could rise beyond levels safe for fish. 
• Floodplain habitats could degrade and diminish, hurting fish, frogs, and birds. 
• Recreational opportunities could be impacted by less river flow.  
• The public could lose access to clean, flowing water. 

Section 401 Certification is the public’s opportunity to shape how federal projects are managed. When people speak up during comment periods or challenge inadequate protections, it can lead to: 

• Better flow conditions for fish and recreation 
• Monitoring programs to assess water quality impacts 
• Restoration requirements to repair damage and mitigate for project impacts 

SYRCL’s Role 

SYRCL actively engages in the 401 certification process by: 

• Submitting science-backed recommendations to protect the river, 
• Advocating for transparency and fairness in license decisions, 
• Working with community members to make their voices heard, and 
• Collaborating with agencies and licensees to ensure they follow through with their commitments. 

What you can do: 

Take Action for Clean Water!

The U.S. EPA is currently accepting public comment on how Section 401 of the Clean Water Act is implemented and your voice matters.  The EPA has opened a “recommendations docket” to gather feedback from the public on the so-called “implementation challenges” related to CWA Section 401 certifications.   

SYRCL urges you to submit a written comment by August 6^th to support keeping strong protections in place and oppose any changes that would weaken state and Tribal authority to protect clean water. You can submit your comments through the portal here.   

Takeaways 

Section 401 Certification is a critical environmental safeguard that ensures federal projects comply with state water quality standards. 

In the Yuba watershed, projects by Yuba Water Agency, Nevada Irrigation District, and PG&E are subject to these certifications. 

These decisions affect our water, our fish, and our future. Public input matters. 

SYRCL is your watchdog and advocate in this process, but we need your voice too. 

Want to learn more about current certifications or how you can help defend clean water in the Yuba River watershed?  

Contact SYRCL’s Policy Director,  Traci Sheehan at traci@yubariver.org or visit yubariver.org to get involved.