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19 Amendment merely provides a regulatory framework for flow allocation, which must be accomplished by other regulatory and/or adjudicatory proceedings, such as a comprehensive water rights adjudication or, in the case of the Tuolumne River, the 401 certification process in the Federal Energy Regulatory Commission’s (FERC) relicensing proceeding for Don Pedro Dam. It is not clear when license amendment process is expected to be completed. This process and the other regulatory and/or adjudicatory proceedings would likely face legal challenges and have lengthy timelines, and quite possibly could result in a different assignment of flow responsibility (and therefore a different water supply impact on the SFPUC). • In recognition of the obstacles to implementation of the Bay-Delta Plan Amendment, SWRCB Resolution No. 2018-0059 adopting the Bay-Delta Plan Amendment directed staff to help complete a “Delta watershed-wide agreement, including potential flow measures for the Tuolumne River” by March 1, 2019, and to incorporate such agreements as an “alternative” for a future amendment to the Bay-Delta Plan to be presented to the SWRCB “as early as possible after December 1, 2019.” In accordance with the SWRCB’s instruction, on March 1, 2019, SFPUC, in partnership with other key stakeholders, submitted a proposed project description for the Tuolumne River that could be the basis for a voluntary substitute agreement with the SWRCB (“March 1st Proposed Voluntary Agreement”). On March 26, 2019, the Commission adopted Resolution No. 19-0057 to support SFPUC’s participation in the Voluntary Agreement negotiation process. To date, those negotiations are ongoing under the California Natural Resources Agency and California Environmental Protection Agency and the leadership of the Newsom administration. The negotiations for a voluntary agreement have made significant progress since an initial framework was presented to the SWRCB on December 12, 2018. The package submitted on March 1, 2019 is the product of renewed discussions since Governor Newsom took office. While significant work remains, the package represents an important step forward in bringing together diverse California water interests. The SWRCB began implementation of Phase 1 of the Bay Delta Plan in 2022 and on April 11, 2023 issued a notice of preparation of an Environmental Documentation and Scoping Meeting for a possible amendment of the Bay-Delta Plan to incorporate a voluntary agreement for the Tuolumne River, but there is no clear date on when implementation will be completed. • A recent California Court of Appeal case held that the SWRCB lacks jurisdictional authority to issue curtailment notices to pre-1914 appropriative water rights holders under Water Code section 1052. This ruling removed SWRCB’s ability to broadly regulate senior water rights holders. However, the SWRCB may still exercise “emergency regulations” under other provisions of the Water Code to require curtailment of diversions when there is insufficient water. This ruling may add to the questions that surround the SWRCB’s legal basis for the Bay-Delta restrictions and available means of implementation. Because of the uncertainties surrounding the implementation of the Bay-Delta Plan Amendment, the SFPUC 2020 UWMP analyzed two supply scenarios, one with the Bay-Delta Plan Amendment assuming implementation ATTY/RESO.0027/CC RESO WATER SUPPLY ASSESSMENT (920 SHASTA) - EXHIBIT A REV: 04-22-25 VR Page 19 of 42