Month: May 2021

H-S Flumes For Accurate Measurements Of Small Flows

What if you have a small diversion, but grass or debris would interfere with a standard weir?  A weir has to have unobstructed, free-flowing water over

        Weir with debris and grass on crest

the crest so measured depths accurately relate to a calculated flow.  A weir with debris problems has to be cleared whenever flow is measured, which increases the time requirement.

When weirs have low flows, they trap debris more frequently, and they are less accurate when the depth over the crest drops below  0.2 feet (2.4 inches).  Then the only way to measure flow is with a narrow suppressed weir, or with a contracted weir, typically half or less the maximum width.  A V-notch weir can be used for measurement of low flows.

Changing the weir boards for different flows requires someone with experience,

                      Contracted weir

who will recognize when the depth over the weir is 0.2 feet or less and then use a contracted weir board.  However, people are busy when irrigating, and even busier when flows drop.  Weirs are often neglected during the time they need more frequent maintenance visits.

A good flume for passing debris and measuring low flows is the HS flume.  These are accurate right down to zero flow.  For the maximum flow, they require more

1.0-foot HS flume, for flows of 0.00 to 0.80 cfs

material than a rectangular Winflume, Montana, or Parshall flume.  However, they are more accurate than other flumes at very low flows – testing by the University of Minnesota found an average accuracy to be +/- 3.2% for ideal approach conditions.  They will pass debris down to zero flow – the flume shown here has an opening of 0.05 feet, or 5/8 inch at the flat bottom, and the opening increases with height.

        HS flume for flows up to 0.8 cfs

                 HS flume at 0.025 cfs

Why aren’t HS flumes common in California?  I suspect that the early adoption of Parshall flumes here established the standard.  I have seen a few hundred flumes, but I had never seen an operating HL (wide, high flow), H, or HS flume, prior to my installations.

Why go to the trouble of using an HS flume, if Parshall flumes are readily

                   New Parshall Flume

available?  A Parshall flume may be +/- 10% accurate down to perhaps 5% of its maximum flow.  Below that, the accuracy decreases.  An HS flume is +/- 10% accurate down to 1% to 2% of its maximum flow.  If the flow regime is predominantly low with occasional high flows, it is important to measure those low flows with the best possible accuracy.  Some places where low flow measurement is critical include field runoff where pollution is proportional to flow, small water rights, and dam leakage.

HS flumes are easier to construct than a Parshall, too.  The HS flume bottom is flat, and it has 3 vertical planes.  The photos of the Parshall flume here show

            Bottom of Parshall flume

that it has 3 horizontal planes, and 5 vertical planes.  An HS flume takes less time to build, and can be put together fairly quickly in any farm or ranch shop.  Parshalls are complex enough that they are purchased, including design and shipping costs.

Reasoning With Regulators, Benefitting From Bureaucrats

I worked 30 years as a bureaucrat, and for the last six years I have owned my own business.  That gave me first-hand immersion in working with members of the public, especially water right holders who divert water from various streams in Northern California.  When it comes to property rights, owners are intensely interested in getting problems solved, fast and hopefully permanently.  As a property owner I will get the help of whoever I can and whoever it takes to solve my problem.  On the flip side, when I worked for state government, I sure know what worked to get me to work on someone’s problem!

Whenever you divert water, you deal with people.  Your neighbors are very interested in what you divert.  They want you to use only your water right and hopefully less…and they want every possible law applied against whoever takes more than their legal share.

Laws are made by people.  I’m not talking about God’s Laws which are not in your or my control.  The man-made documents and organizations that establish, make, change, and enforce water laws and rules include:

  • the California Constitution
  • the Legislature
  • the Governor
  • Courts at various levels
  • everyone’s favorite: federal, state, and local agencies

file581310649632Agencies, otherwise known as bureaucracies, all have one thing in common.  To emphasize a very important point: they are all run and staffed by people.  Some folks are easy to deal with, others aren’t.  Some are truly caring human beings, and others hide behind the policies of their employer.

What exactly is a bureaucracy?  Here is a very good explanation:  https://en.wikipedia.org/wiki/Bureaucracy

By the way, corporations are the same as bureaucracies in a lot of ways.  Since we are talking about the diversion of surface water, that means bureaucracies.  And bureaucrats.

There are some money-saving, hassle-saving methods to dealing with bureaucrats.  These are time-tested and have worked for me and many others.  When other people acted this way with me, when I was a bureaucrat, to get me to do something even when I was too busy, it worked!  Hopefully these practices and techniques will aid you in dealing with an agency or a particularly difficult bureaucrat.

  1. Do some research.  “Google It”, as the saying goes, and learn about the agency you are dealing with.  (Actually, I am using Bing and DuckDuckGo as much as Google these days, to get accurate instead of popular results.)  Search for comments by people who had the same problem as you.  How did they handle it, and what was the result?  Did someone have a particularly effective way of getting a problem solved?  It might be worth an hour of your time to use the Internet to find out everything you can first.
  2. Document your problem in writing before contacting a bureaucracy, with text, photos, maps, drawings, contacts, everything you can get on paper.  Scan it if possible so everything you have can be emailed.
  3. Assuming you are calling or talking to the person, write everything down.  E-ver-y single thing.  Date all the entries.  Get each person’s name.  You might buy a cheap spiral bound notebook at a WalMart or Dollar store – or buy a few, and the ones you don’t use when dealing with bureaucrats you can use for a diary, or shopping lists, or dealing with corporations.  Enter it on the computer in front of you, or use Notes on your phone.  Let the person know that you are keeping careful notes.  If you intend to record audio of a call, ask first!
  4. Always be polite, and especially so during the first few contacts about a problem.  Do not threaten, curse, yell, or any of those things that would be classified as “impolite”.  If the person you are talking to gets unpleasant, just keep a record of it for later, and maintain your calm demeanor.
  5. Explain your problem or need in as few, relevant words as possible.  Boil your problem into one or two specific things that you need done.  That way a helpful person can get you the help you need quickly, without strain on your vocal cords or his or her ear.
  6. Don’t share your life story, complaints about your neighbor’s dog, the hassle you had getting your car repaired, or go into what a rotten, horrible person your neighbor is.  That is wasted time.  Unless what you say bears directly on the problem, it takes away working time from the person listening on the other end of the phone line, or reading your email, or sitting across the table from you.  There may not be enough time left to solve your problem!
  7. Give thanks and credit to the people who help you.  Call their boss, or write the boss a note about the great work they did in helping you.  Let everyone else you talk to about your problem know about those helpful people.
  8. If a bureaucrat says “It’s not my job”, politely explain the person’s statutory/legal/moral or other obligation to help you, and the terrible consequences to you if the person does not carry out his or her agency’s mission.  Give a reasonable estimate of the economic harm or cost involved.
  9. On the other hand, if the answer you get is “I have no idea how”, don’t get frustrated, get more contacts from the person.  You’ll be following a trail, sometimes clear, sometimes through thick brush.
  10. If you are talking to the right person and cannot get the help you need, or an exemption from a rule, or whatever help you are looking for, ask to talk to the bureaucrat’s boss.  Don’t insult the employee to the boss, just explain to the boss that he or she has the great power needed to help you.
  11. If the boss cannot help, ask to talk to his or her boss.  See the pattern here?  Be courageous and go up the line as high as you need to go.
  12. Take a few minutes and search online for the names and contact information of the people on the Board, or the Director, or the Chief, of the bureaucracy you are dealing with.  It can help to let a bureaucrat know that you know who these people are, and while you really don’t want to have to go that far, you will contact them if necessary.
  13. If you are being harassed or threatened by an agency and you are pretty sure they are going above and beyond their authority or normal practice, there are ways to get them to back off or slow down and listen.  Sometimes mentioning that they may be in violation of RICO, the Racketeer Influenced and Corrupt Organizations Act, can give them pause.  Ask them for all communications in writing – that can cut up to half of bureaucratic actions off right at the knees.  Ask bureaucrats to include references to all laws, rules, regulations, codes, court cases, etc., that they are relying on.
  14. Find the agencies, boards, or people to whom you can file a complaint, if you have exhausted all normal ways of getting the help you need and you haven’t been helped.  You may even have to enlist the help of staff at your state legislator’s office, or your congressperson.
  15. Although it is expensive, you may have to hire an attorney.

That’s a long list, but if you are dealing with the State Water Resources Control Board, a lot of those folks are reasonable people.  The main problem at the Board is that these folks have five times the work to do than they can get done.  You’ll probably have to call several times to get someone’s attention.  See Rules 1 and 2 above!

StateWaterBoardHomePage

Do Something Wrong, Instead Of Nothing Right

Do something wrong, rather than nothing at all. Have you ever heard that before? I have heard it from Army veterans, a boss, even an elder of a church.  George Patton said, “A good plan violently executed now is better than a perfect plan executed next week.”  A non-military way to say that is, “A poor plan now is better than no plan at all.”

What it means to you and me is, if action is necessary, do something, maybe ANYthing, rather than freezing in place or ignoring a problem. This is obvious when you see a tornado 5 miles away, for example; either drive away from it if you are in a car, or take shelter if you are on foot. If you have a plumbing leak in the house and no parts to replace broken pipe, then put a bucket under it, or turn off the valve, and call a plumber. All of us have seen a TV show (or maybe had it happen to us) where the bad guy pointed a rifle and said, “Don’t move”. What do we all say to the TV? “Don’t just stand there, run!”. Doing nothing is a much worse choice, if the result for freezing in place is death or injury.

What about water rights – how does doing something wrong help? Everyone knows by now that surface water diverters need measurement devices, so put in a weir box and boards and measure your flow before the threats come from the Water Board, your watermaster, your ditch tender, or your neighbor.  Even just stick horizontal boards in a ditch and seal the sides with plastic – something to take positive action to reduce future pain.

Remember to file the information for the measurement device with the Water Board, either via your annual report of diversions, or using the Water Right Form and Survey Submittal Portal.

Take a look at the blog posts below.  There is enough information and how-to directions, that you should be able to do it well enough to satisfy the Water Board.  Check out these posts:

There is a philosophy based in law and a lot of experience, that says don’t put any controls on yourself until the court or government makes

Temporary Weir In Ditch

you. Why remodel your house to accommodate the wiring or plumbing, if you aren’t selling the house and everything works okay right now? Who would put a lot of money into an old truck to make it pass smog, if it just might pass a smog check the next time it has to be done? What farmer would change how he irrigates or ranches if everything still operates and the bank will keep making operating loans?

All of the Water Board deadlines have passed to install measurement devices, or file Alternative Compliance Plans.  If you haven’t got your device or plan done yet, get a Request For Additional Time done as soon as possible.

Be proactive.  Take some inexpensive, temporary action.  Educate yourself for free with some time in the Internet. Even a small, less-than-perfect improvement in your measurement device, flow and water use record keeping, can pay back a lot more when you have to deal with potential Water Board fines, a court case, or even just an angry neighbor in the future.