emergency regulation for measuring and reporting on the
TRANSCRIPT
Emergency Regulation for Measuring and Reporting on the
Diversion of Water (SB 88 REGULATIONS)
Danny Merkley
California Farm Bureau Federation
Director, Water Resources
(916) 446-4647
Jack L Rice
California Farm Bureau Federation
Associate Counsel
(916) 561-5667
SB 88 • Budget Trailer Bill
• Removed “locally cost effective”
• SWRCB Process: • Public Meetings – November 2015 • Draft Regulation – December 2015 • Regulation Adopted – January 2016 • Regulation Approved (OAL) – March 2016 http://www.waterboards.ca.gov/waterrights/water_issues/programs/measurement_regulation/
Diversion Measurement and Reporting
• Measurement (Ch. 2.8) – Required to measure both diversion and use of water at the prescribed frequency and accuracy.
• Reporting (Ch. 2.7) – Annual reporting of measurement information to the SWRCB, or more frequently if required.
Who must measure and report: • If you divert and use water from a surface water source such as a
lake, creek, stream, or river.
• If you divert water from a subterranean stream that flows in a known and definite channel.
Includes: Permits, Licenses, Certificates, Registrations, Statements (Pre-1914 or Riparian)
Excepts: Diversions included in watermaster reports filed with a court or SWRCB (Water Code §5101 (d)-(e).)
Basic Reporting Requirements: • All diversions – including less than 10 acre-feet/year
• Online Reporting – Report Management System (RMS)
• Annual Reporting (unless insufficient supply – more frequent): • Permits, Licenses, Registrations & Certificates – April 1
• Statements (Pre-1914 & Riparian) – July 1
• Water Right Information
• Measurement Information
• Monthly Quantities of Water: directly diverted, diverted to storage and used (not raw data)
Basic Measuring Requirements:
• All diversions greater than 10 af/year – specifics depend on size
• Device or Method meeting prescribed: • Accuracy – How accurately the device/method must measure water .
• Frequency – How frequently measurements must be recorded.
• Installation and Certification by Qualified Person
• Recertification every 5 years
• Keep records for 10 years
Flexibility – Alterative Compliance Plan
Measurement Tiers
Size Storage Direct Diversion
Extra Large > 10,000 acre-feet
> 30 cfs from June 1 – September 30 > 20% of flow at USGS gage in sensitive watersheds
Large ≥1,000 acre-feet ≥1,000 acre-feet/year
Medium ≥200 acre-feet ≥100 acre-feet/year
Small ≥50 acre-fee > 10 acre-feet/year
Extra Small > 10 acre-feet
Stockponds: <10 acre feet New Reporting Requirement – Annual Reporting of monthly diversion and use
No new Measurement Requirement
Place of Use is the pond itself, not the pasture or ranch
Compliance – “estimate the monthly quantity of water diverted using their knowledge of the stockpond, weather conditions, ranching practices, and other relevant information.” (SWRCB website)
• If 8 af pond fills in first rain heavy rain, report 8 af diversion in month of first heavy rain
• If 9 af pond fills steadily from January to March, report diversion of 3 af in each month
Measurement Method
• A way to measure diversions without installing a measuring device at every point of diversion.
• Typically: device + math
• Examples: • Pump electrical readings and a formula for the pump’s capacity. • Measuring multiple landowner’s diversions through a shared ditch system
with one device and assigning a percentage of the total diversion to each landowner
Flexibility – Alternative Compliance Plan
• Where strict compliance with measurement requirements: • Not feasible,
• Unreasonably affect public trust uses,
• Result in the waste or unreasonable use of water, or
• Unreasonably expensive
• Requirements: • Must still achieve closest attainable compliance
EXTRA SMALL Storage 10 – 50 acre feet
Installation Deadline
Accuracy Monitoring Frequency
Qualified Individual
Potential Reporting Frequency
January 1, 2018 15% Monthly
Individual experienced with measurement and reporting
Monthly
Examples
1. 13 af pond used for stockwater, recreation, wildlife and fire protection that never really changes.
2. 11 af pond that only fills up in very wet years and usually only has 4-6 af
3. 30 af pond that fills up from three different gullies during rain events
SMALL Storage 50 – 200 acre feet
Direct Diversion 10 - 100 acre feet/year
Installation Deadline
Accuracy Monitoring Frequency
Qualified Individual
Potential Reporting Frequency
January 1, 2018 15% Weekly
Individual experienced with measurement and reporting
Weekly
Examples
1. 40 acres of pasture irrigated pumped directly from river pursuant to pre-1914 right
2. 100 af reservoir filled by diversion from creek pursuant to license
3. 8 gpm (12.9 af/yr) diverted from creek for domestic, stockwater, and irrigation of garden pursuant to a riparian right
MEDIUM Storage 200 – 1,000 acre feet
Direct Diversion 100 – 1,000 acre feet/year
Installation Deadline
Accuracy Monitoring Frequency
Qualified Individual
Potential Reporting Frequency
July 1, 2017 10% Daily Engineer/Contractor/Professional
Daily
Examples:
1. 80 acre alfalfa field irrigated with shallow well 75 feet from river.
2. 300 af pond, filled partially with groundwater, used to irrigate 600 acre vineyard pursuant to a license
3. 150 af pond filled by diversion from stream pursuant to a pre-1914 right at a rate of
LARGE Storage 1,000+ acre feet
Direct Diversion 1,000+ acre feet/year
Installation Deadline
Accuracy Monitoring Frequency
Qualified Individual
Potential Reporting Frequency
January 1, 2017 10% Hourly Engineer/Contractor/Professional
Hourly
Example • 300 acres of pasture irrigated from 3 points of diversion with an average use of 3 ft
(900 af/yr) and a decreed right of 4 ft (1,200 af/yr). • POD and ditch shared by 4 landowners – one ranch is 300 acres, other 3 are 50 acres
(total of 450 acres irrigated) - and POD is locate in remote area without power or cell service.
• 3 cfs pre-1914 right to divert from stream from April 1 – September 30 (1085 af/yr), but diversion is shut off for 20 days of season (120 af).
EXTRA LARGE 10,000+ acre-feet
30+ cfs from June 1 – September 30 20%+ mean monthly flow at USGS gage in sensitive watersheds
Installation Deadline
Accuracy Monitoring Frequency
Qualified Individual
Mandatory Online Reporting
Frequency
January 1, 2017 10% Hourly Engineer/Contractor/Professional
Updated weekly providing daily
summaries
• Telemetry Required – by January 1, 2020 daily diversion data posted on public website
• Sensitive Watersheds: • Listed species historically or currently present
• Deer Creek, Mill Creek, or Antelope Creek watersheds
• North Coast streams