A Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States: A Delineation Manual

U.S. Army Corps of Engineers, Cold Regions Research and Engineering Laboratory | August 1st, 2008

The Ordinary High Water Mark (OHWM) is an approach for identifying the lateral limits of non-wetland waters. However, determining whether any non-wetland water is

The Ordinary High Water Mark (OHWM) is an approach for identifying the lateral limits of non-wetland waters. However, determining whether any non-wetland water is a jurisdictional “Water of the United States” (WoUS) involves further assessment in accordance with the regulations, case law, and clarifying guidance. In the Arid West region of the U.S., the most problematic Ordinary High Water (OHW) delineations are associated with the ephemeral/intermittent channel forms that dominate the Arid West landscape. This report presents a method for delineating the lateral extent of the non-wetland waters in the Arid West using stream geomorphology and vegetation response to the dominant stream discharge.

A Guide to Ordinary High Water Mark (OHWM) Delineation for Non-Perennial Streams in the Western Mountains, Valleys, and Coast Region of the United States

U.S. Army Corps of Engineers (USACE) | August 14th, 2014

Federal regulations define the ordinary high water mark (OHWM) as “that line on the shore established by the fluctuations of water and indicated by physical cha

Federal regulations define the ordinary high water mark (OHWM) as “that line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas” (U.S. Congress 1986). Under Section 404 of the Clean Water Act (CWA), the OHWM defines the lateral extent of federal jurisdiction in non-tidal waters of the United States (WoUS) in the absence of adjacent wetlands (U.S. Congress 1977). Thus, accurate and consistent OHWM delineation practices are essential for proper implementation of the CWA. The dynamic nature of stream systems and fluvial processes presents challenges for OHWM delineation. Natural sources of variability in river and stream systems (e.g., climate, sediment supply, landscape position, etc.) are compounded by direct and indirect anthropogenic sources of variability (e.g., watershed alteration, dam emplacement and removal, climate change, etc.). Thus, it is challenging to impose a consistent measure of “ordinary” high flow conditions across systems in which the hydrology and geomorphology can vary greatly in both space and time. OHWM delineation in non-perennial (i.e., intermittent and ephemeral) streams can be especially challenging. The U.S. Army Corps of Engineers (USACE) defines intermittent streams as having “flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow” (USACE 2012). Ephemeral streams have “flowing water only during, and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream,” and “[r]unoff from rainfall is the primary source of water for stream flow” (USACE 2012). In contrast to both intermittent and ephemeral streams, perennial streams have “flowing water year-round during a typical year. The water table is located above the stream bed for most of the year,” and “[g]roundwater is the primary source of water for stream flow” (USACE 2012). Given the less persistent streamflow regimes characteristic of non- perennial streams, particularly ephemeral systems, the characterization of ordinary high water flows is perhaps more challenging than in perennially flowing systems. Moreover, depending on climate, vegetation, and other related factors, the appearance of some OHWM indicators may vary greatly between wet and dry seasons or between relatively infrequent flow events, more so than in many perennial streams. Mountainous terrain can present additional challenges to OHWM delineation. For instance, the relatively steep and confined valleys in which mountain streams commonly flow can restrict the development of some alluvial features (e.g., flood-plains, bankfull benches, etc.) that are typical of low-gradient systems and that may help to identify the OHWM. Thus, in non-perennial mountain streams, it is often difficult to determine what constitutes ordinary high water and to interpret the physical and biological indicators established and maintained by ordinary high water flows. Challenges and inconsistencies pertaining to OHWM delineation practices are becoming increasingly relevant in mountainous parts of the western U.S. in light of expanding development. This increased pressure on fluvial systems highlights the need for accurate, consistent, and repeatable OHWM delineation practices in this region. These factors, combined with the particular challenges of OHWM delineation in non-perennial mountain streams, provided the impetus for developing this delineation guide. This guide presents the concepts, field indicators, and methods for assessing, delineating, and documenting the OHWM in non-perennial streams in the Western Mountains, Valleys, and Coast (WMVC) Region of the United States (Figure 1). The information presented here is based on the findings of Mersel et al. (2014) (discussed in Section 1.5) and on years of field observations and data gathering in the WMVC Region and in other regions of the U.S. by the authors and other contributing experts. The remainder of Section 1 provides background information regarding the concept of the OHWM and pertaining to stream hydrology and geomorphology in general. Section 2 discusses and provides examples of the specific field indicators used to identify the OHWM in non-perennial streams in the WMVC Region. Section 3 discusses field methods for delineating the OHWM and addresses additional techniques and lines of evidence that may help in problematic delineation scenarios. The information presented here is technical guidance and does not define, amend, or replace any existing regulations, laws, or legal guidance related to the OHWM or to the regulation of WoUS. Furthermore, determining whether any stream is a jurisdictional WoUS is beyond the scope of this document and involves further assessment in accordance with regulations, case law, and clarifying guidance. This guide pertains to non-perennial streams in the WMVC Region of the U.S., and while the information presented here may have a wider applicability to other regions or to perennial rivers within the WMVC Region, this has not been tested or validated. This manual serves as a companion to A Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States (Lichvar and McColley 2008) as these two regions—the WMVC and the Arid West—are interspersed with one another. Best professional judgment is required to determine which manual is most appropriate for any given location within these two regions. The technical guidance presented here aims to provide an informed and consistent approach to OHWM delineation within the WMVC Region; however, OHWM delineation is not a precise practice. The OHWM can take on a variety of appearances and characteristics and may change over time due to natural or anthropogenic causes. Best professional judgment and consideration of the unique characteristics of each project site are always required.

A Path Forward for California’s Freshwater Ecosystems

Public Policy Institute of California (PPIC) | December 2nd, 2019

Californians rely on freshwater ecosystems for many things: water supply, hydropower, recreation, fisheries, flood risk reduction, biodiversity, and more. These ecosystem

Californians rely on freshwater ecosystems for many things: water supply, hydropower, recreation, fisheries, flood risk reduction, biodiversity, and more. These ecosystems—and the social, economic and environmental benefits they provide—are part of the state’s natural infrastructure. But they are changing in undesirable ways in response to water and land use, pollution, introduction of non-native species, and a changing climate. Declines in native biodiversity are the most direct measure of these changes, with numerous species now protected by state and federal endangered species acts (ESAs) and many times more likely to need protection in future.  For the past 40 years, the ESAs have played a prominent role in managing the state’s freshwater ecosystems. While this approach has prevented extinctions, it also places an emphasis on reducing harm to listed species, rather than improving overall ecosystem condition necessary to recover their populations. And these laws are not forward-looking enough to help species adapt to changing climate and reduce future species listings. This approach also fuels controversy and litigation due to perceptions about trade-offs between species protection and economic uses of land and water.  To maintain the benefits that Californians derive from their freshwater ecosystems—and arrest the decline of native biodiversity—a new approach is needed. We recommend that the state adopt the principles and practices of ecosystem-based management. This involves the simultaneous management of water, land, and organisms to achieve a desired ecosystem condition that benefits both native biodiversity and human well-being. The goal of ecosystem-based planning is to develop a shared vision for the ecosystem, agreement upon a common set of facts, and a unified plan to achieve it. We are not proposing major reforms to state or federal endangered species acts. Rather, we recommend a shift in the way these acts are implemented.  Ecosystem-based management relies on robust governance frameworks that are transparent, collaborative, and supported by science and secure funding. Many programs are starting to adopt its principles and practices, but much more needs to be done. Actions needed to achieve ecosystem-based objectives include setting aside water budgets for the environment and using this water to improve ecosystem condition and create multiple benefits. Binding comprehensive agreements between regulatory agencies, stakeholders, and water users—developed as part of sustainable watershed management plans—should guide implementation. These plans can be used to align agency actions and permitting and can be adopted by the State Water Board as water quality control plans.  California needs to change course in how it manages freshwater ecosystems to protect the many beneficial uses they provide. Ecosystem-based management offers a more comprehensive, flexible, and adaptive approach, and one that is compatible with existing laws. We believe this approach is better able to improve ecosystem outcomes that benefit both people and nature and respond to today’s challenges while preparing for an uncertain future. 

An Index of Biotic Integrity (IBI) for Perennial Streams in California’s Central Valley

California State Water Resources Control Board | December 1st, 2008

Bioassessment is the science of using aquatic organisms as indicators of ecological condition in streams in rivers. Many types of organisms can be used as indicat

Bioassessment is the science of using aquatic organisms as indicators of ecological condition in streams in rivers. Many types of organisms can be used as indicators, for example fish or algae, but bioassessment is most frequently based on benthic macroinvertebrates (BMIs), which are small but visible bottom-dwelling organisms such as insects. BMI data sets typically consist of long lists of species (or taxa) found in a sample and their relative abundances. These data can be simplified into measures of biological condition such as indices of biotic integrity (IBIs) that are designed to be sensitive to human-caused alterations to the landscape, to stream channels and riparian zones, and to water chemistry. IBIs function much like economic indicators: high IBI scores reflect good ecological conditions while low IBI scores reflect poor ecological conditions. Bioassessment is increasingly used throughout California by water quality monitoring programs, but in the Central Valley bioassessment is more challenging than in other regions of the state because the entire landscape and most streams are highly altered by human activities such as urbanization, agriculture and water diversions. This makes it impossible to evaluate how BMIs respond across a complete gradient of human disturbance within the region, that is, from minimally disturbed reference sites where human activity is absent or minimal and which therefore set the benchmark for biological expectations, to the most altered sites with degraded biology. In the Central Valley, minimally disturbed reference sites are no longer available. Even the ‘least-disturbed’ sites, which represent the best-available chemical, physical and biological habitat conditions given the current state of the landscape, are markedly disturbed. Reference sites in other parts of California, such as the Sierra Nevada or the Sierra foothills, may be significantly less disturbed than Central Valley reference sites. In this study, BMI data sets from 11 studies conducted at various intervals over the last 14 years were compiled to build an IBI for Central Valley streams. Data were not collected consistently by the different studies, and many gaps were present in associated physical habitat and water chemistry data sets. This could be corrected for BMI samples by standardizing to a consistent level of taxonomic effort. Gaps in other data could not be addressed. Criteria for defining ‘best-available’ reference sites were established as data allowed and were based on local urban and agricultural intensity, stream channel and riparian condition, and stream substrate composition. Eighty BMI metrics were evaluated for inclusion in the IBI based on 4 criteria: 1) sufficient range for scoring; 2) responsiveness to land use and/or local disturbance variables measured at the 150-meter sampling reach (as data allowed); 3) good discrimination between reference and test sites; 4) lack of correlation with other responsive metrics. Five final metrics were selected and scored for inclusion in the IBI: collector richness (number of taxa that are collector- feeders), predator richness (number of taxa that are predators), percent EPT taxa (percent of taxa that are mayflies, stoneflies, or caddisflies), percent clinger taxa (percent of taxa that cling to vegetation) and Shannon diversity (a composite measure of taxonomic richness and evenness of abundance). The final IBI showed good discrimination between reference and test sites, and was validated with an independent data set. BMI metrics and the final IBI were more strongly related to reach-scale physical habitat variables than to water chemistry or land use variables, but detailed water chemistry was lacking for many sites, and some studies have shown that response to land use diminishes when more than 10% of a watershed is degraded by human activities. Despite data gaps that were less than ideal for indicator development, this study is the first to set expectations for Central Valley BMI assemblages based on best-available reference sites. The Central Valley IBI can be used as a general interpretive framework for benthic samples collected from perennial streams on the valley floor and provides an objective means for rating biological condition in a region with high urban and agricultural intensity. The ability to rank sampling sites relative to explicitly defined biological expectations is essential to any biological monitoring program. Therefore, this index may prove useful in several monitoring applications, including California’s non- point source CMAP program where sampling was stratified to assess and compare stream condition in urban, agricultural and forested watersheds, in stormwater monitoring programs, in point-source pollution investigations, and in stream restoration monitoring. Key recommendations include: 1) that all future bioassessment projects in the Central Valley should collect quantitative physical habitat and water chemistry with consistent protocols at all sites; in situ chemistry and rapid (qualitative) physical habitat are not sufficient for screening reference sites or evaluating BMI responses to stressor gradients; 2) that bioassessment should be added to NPS monitoring where programs are already collecting more intensive stressor data such as pesticides, nutrients and metals. This will provide California’s monitoring programs with better datasets to support future analyses.

Assessing the Health of Southern California Streams

California State Water Resources Control Board | April 14th, 2011

There are over 4,200 miles of perennial streams in the coastal watersheds of Southern California. Effective protection and management of these resources require an unders

There are over 4,200 miles of perennial streams in the coastal watersheds of Southern California. Effective protection and management of these resources require an understanding of their overall health (or condition) and the major stressors that affect their condition. In 2009, major municipalities and counties and their state/federal regulatory counterparts got together to conduct the first comprehensive assessment of the health of streams in Southern California. The first year of a five year program was a great success: Over 120 sites were sampled and analyzed for biological community characteristics, chemical parameters, aquatic toxicity, and physical habitat condition.

Bathymetry and Digital Elevation Models of Coyote Creek and Alviso Slough, South San Francisco Bay, California

U.S. Geological Survey (USGS) | March 15th, 2018

In 2010 the U.S. Geological Survey (USGS), Pacific Coastal and Marine Science Center completed three cruises to map the bathymetry of the main channel and shall

In 2010 the U.S. Geological Survey (USGS), Pacific Coastal and Marine Science Center completed three cruises to map the bathymetry of the main channel and shallow intertidal mudflats in the southern most part of south San Francisco Bay. The three surveys were merged to generate comprehensive maps of Coyote Creek (from Calaveras Point east to the railroad bridge) and Alviso Slough (from the bay to the town of Alviso) to establish baseline bathymetry prior to the breaching of levees adjacent to Alviso and Guadalupe Sloughs as part of the South Bay Salt Pond Restoration Project. Since 2010 the USGS has conducted twelve additional surveys to monitor bathymetric change in this region as restoration progresses.

Benthic Invertebrate and Deposited Sediment TMDL Guidance for the Pajaro River Watershed

California State Water Resources Control Board | March 1st, 2016

The Pajaro River and its tributaries are exposed to sediments from a variety of sources. To establish limits for regulating this pollutant, it is necessary to u

The Pajaro River and its tributaries are exposed to sediments from a variety of sources. To establish limits for regulating this pollutant, it is necessary to understand how and where deposition of sediments impact biological health. Benthic, or bottom-dwelling, invertebrates offer a direct way to assess the impacts of deposited sediment on the integrity of stream ecosystems. The channel bed is where sediments accumulate and persist, so benthic macroinvertebrates that live in this ha bitat provide a responsive indicator of the effect of these sediments. Previous criteria for bedded sediment fines in spawning gravels have been established for salmonids, but these may not be appropriate to all stream segments, are not typically measured in stream assessments, and are confounded by other factors limiting steelhead vitality. Instead, the effects of sediment cover can be evaluated using benthic macroinvertebrates (BMIs) as indicators of stream condition to assess any stream segment and can be related to the bioassessment and stream habitat surveys of the Surface Water Ambient Monitoring Program (SWAMP) . The approach taken in this study was to select 25 sites throughout the perennial Pajaro watershed and in the adjacent upper Coyote Creek watershed that represented a cross-section of land uses, above and below reservoirs (unregulated/regulated flows), and in varied geographic settings that would permit examining source area influences on sediment deposition. Rather than define conventional TMDL estimates for daily loads of sediment, a more relevant survey of the cover of deposited fine and sand (FS) sediments on the stream bed was used here to find the level at which BMIs lost integrity of species c omposition and diversity. BMI responses we re-examined at the reach scale (50-meter channel length ) and at local patch scales (30x3 0 cm) of varied FS sedim ent cover . The data were used to define target levels at which sediment impairs stream bed habitat quality. Reaches of varied sediment cover were compared to conditions at relatively undisturbed reference streams of the Central Coast region to evaluate sediment impacts. Significant loss of species diversity and altered community type occurred above a sediment cover range of 40% FS at both reach and local-patch scales. In a range of 20-40% FS , BMI diversity declined, showing incipient losses of biological integrity . Richness of mayfly, stonefly and caddisfly taxa richness (EPT) was used as an indicator of biological effects of sediment, and reduced diversity associated with sediment increase corresponded to declines below the criterion 10th percentile of reference site EPT found in other central coast streams . Because of multiple stressors, some streams may not achieve these sediment or EPT targets just by improving the local sediment condition . For example, streams that are regulated (below reservoirs) or in arid regions may be influenced by temperature, dissolved minerals and/or elevated pH , in addition to sediment . Rankings of streams surveyed were based either on sediment cover within the wetted stream width or the entire bankfull channel profile, accounting for both current habitat conditions and recent environmental exposure . Although the design of this study examined sediment deposition at different spatial scales and used a variety of sediment measures, the results are compatible with habitat and bioassessment surveys using standard SWAMP protocols. Only three to five of the 25 streams surveyed in the Pajaro region showed sediment and diversity levels indicating likely sediment deposition impacts. Results from this study can be used to identify streams where sediment degradation to biological integrity is likely (at >40% FS) , and those in a warning range (20-40% FS) that should be flagged for further assessment.

Biological Condition of Non-Perennial Streams and Spring-Fed Oases in the Colorado River Basin Region

California State Water Resources Control Board | August 22nd, 2014

The Colorado River Basin Regional Water Board conducted bioassessment sampling at high-quality (i.e., “reference”) streams in their region during 2013-2015. The purpo

The Colorado River Basin Regional Water Board conducted bioassessment sampling at high-quality (i.e., “reference”) streams in their region during 2013-2015. The purpose of the study was to characterize the biological condition of these streams, which had never been done before, and to expand ongoing research as to whether existing biological indices, developed primarily for perennial streams, apply in nonperennial streams. The latter are usually excluded from bioassessment surveys, but make up the majority of stream length in the most arid parts of the state like the Colorado River Basin, leaving stream condition assessments in such regions largely incomplete. The indices evaluated were the California Stream Condition Index (CSCI) based on benthic macroinvertebrates and the first to have statewide applicability in perennial streams, and the D18 and S2 indices for diatoms and soft algae, respectively, developed for use in perennial streams of southern coastal California. Sixteen sites were sampled during the 3-year period, and data loggers that measure water depth were deployed for 2 of the 3 years to characterize the hydrologic regime at each site. Most sites were nonperennial, but a few were spring-fed perennial oases. Fourteen of the sites passed formal reference screening criteria developed by statewide programs. The CSCI and S2 indices had generally good applicability in the region, with most samples from reference sites indicated either good or fair (i.e., non-degraded) biological condition. The mean CSCI score at regional reference sites was slightly lower than the statewide mean (i.e., 0.90 vs. 1.0, respectively), but the difference could be an artifact of a relatively small regional data set. The fact that CSCI and S2 performed as well as they did in a region, and in a set of stream types, largely excluded from their development indicates that the indices can be used in nonperennial streams (and spring-fed oases) in the Colorado River Basin as long as certain minimum flow conditions are met, such as sustained flow for several weeks prior to sampling and sufficient wetted width to employ existing protocols developed for perennial streams. By contrast, the D18 index did not perform well in the region. A majority of samples from reference sites indicated poor or very poor biological condition when condition thresholds based on statewide data sets were used, but even when more relaxed thresholds based on just south coast reference sites were applied, the number of reference sites in good or fair condition was still much lower than expected. This was not a result of regional reference sites being of low quality, but was most likely an artifact of applying the index to a set a stream types unintended for its use. Development of statewide algal indices is underway, which may improve the performance of diatom indices in the southern desert.

Biology-based Stressor Thresholds

California State Water Resources Control Board | October 1st, 2011

The objective of this memo is to describe how biological assessment data (such as those collected using Surface Water Ambient Monitoring Program (SWAMP) bioasse

The objective of this memo is to describe how biological assessment data (such as those collected using Surface Water Ambient Monitoring Program (SWAMP) bioassessment protocols) can be used to develop biologically-relevant stressor thresholds. This memo describes an objective approach for setting regulatory stressor thresholds based on the association between biological condition and stressor intensity gradients. While these relationships show a large amount of variability typical of biological data, there are clear thresholds that indicate levels below or above which stream health is maintained or degraded.

Bulletin No. 5, Flow in California Streams, Being Appendix "A" to Report to Legislature of 1923 on the Water Resources of California

California Department of Water Resources (DWR) | January 1st, 1923