This is old news but it does answer a few questions about stockponds. Are they different from other diversions? In the Water Board’s letter of reply to Assemblymember Dahle, the answer is that diversions to stockponds are the same as any other. If the total diversion to the pond is more than 10 AF/year, then the diversion must be measured, as shown in the excerpt just below.
However, there is an additional wrinkle. If the total of several rights stored in the pond exceeds 10 AF/year, then all diversion(s) to the pond must be
measured. Although this would be an unusual case, 2 diverters could have small diversions, say 6 AF/year, diverted to the same pond. Each diversion would have to be measured because, even though each falls under the 10 AF/year threshold, together they total 12 AF/year, exceeding the 10 AF/year limit. If each diverter had a separate pond, then neither diversion would have to be measured.
This is sort of the same logic the Board uses when several diverters share one ditch. Even if each right is under one of the threshold levels (10, 100 or 1,000 AF/year), if the summed diversion is over the next higher level, then the next higher requirements apply, either making the compliance date sooner, or requiring higher accuracy and certification. If each diverter had a separate ditch, then all would remain at the lower level of compliance.
This is an excerpt and link to the Water Rights: Water Use Reports and Measurement web page where the letter to Assemblymember Dahle is linked:
How is a person supposed to keep up with regulations, and make sure they comply? That is what I do for a living: help you get rid of headaches, upset, and trouble, to comply with State law, make sure you are getting your water right, and cut off complaints from other diverters. The phone call is free to discuss your diversion, (530) 526-0134, and email is also free at RightsToWaterEng1@gmail.com.
