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US Army Corps of Engineers

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Public Notices

Under the Corps' Regulatory Program, a public notice is the primary method for advising all interested parties of a proposed activity for which a permit is sought. Soliciting comments and information necessary to evaluate the probable impacts on the public interest. Public notices are also published to inform the public about new or proposed regulations, policies, guidance or permit procedures.

Public Notices published by the Sacramento District under the Regulatory Program are posted on this page. Once a public notice is available on-line, an email notification is sent to individuals on the appropriate mailing list.

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SPECIAL PUBLIC NOTICE – SPK-2007-01874, Traditional Navigable Water Determination for Rye Patch Reservoir in Nevada

REGULATORY DIVISION

Published April 15, 2024

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On April 10, 2024, the Commander of the South Pacific Division of the U.S. Army Corps of Engineers determined that Rye Patch Reservoir is a traditional navigable water pursuant to the Clean Water Act and 33 CFR §328.3(a)(1)(i). The determination was made based on a report of findings prepared by the Sacramento District and replaces a determination made by the Sacramento District on March 4, 2009.

The term “traditional navigable waters,” as used here, are those waters described at
33 CFR §328.3(a)(1)(i): all waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide.

Rye Patch Reservoir was used in the past and continues to be used for commercial fishing for carp (Cyprinus carpio) and Sacramento blackfish (Orthodon microlepidotus). Commercial fishing began in 1998 and continues with Sacramento blackfish netted in Rye Patch Reservoir marketed in San Francisco, California. Both carp and Sacramento blackfish have been shipped to markets in California and Oregon in the past but, while carp are still harvested by the licensed commercial fishing operation, there has not been a market for carp in the last eight years. The operation requires two boats, with the smaller boat pulling a purse sein in a semicircle around the larger boat. The larger boat then hauls in the catch.

We anticipate that this stand-alone TNW determination will reduce the need for
case-specific analyses, saving time and effort and increasing consistency and predictability.

Traditional Navigable Waters

TNW

TNW Determination

Rye Patch Reservoir

Humboldt River

navigable

navigability

interstate commerce