Save Water? Ask Savers…And Depend On Capitalism

Faucet_Pixabay_water-1239368_1280
Pixabay, public domain

Do you think of Florida as short on water?  I sure didn’t; I have been there a couple of times and got rained on every day or two.  However, a University of Florida study on saving water concludes that if more conservation is needed, it’ll be easiest to get from those who already use less water.  That study is summarized in this short article.

On the opposite coast, what does that mean for California?  It means that voluntary conservation seems most likely to come from those who are reportedly conserving the most:  farms and communities in the San Joaquin Valley, and agencies and homeowners in the Los Angeles Basin.

1024px-USACE_Black_Butte_Dam_and_Lake
Black Butte Lake, Wikipedia

Does that mean that water districts and diverters in Northern California do not conserve?  There may be less conservation, especially if diverters have a reservoir.  Winter and spring flows are stored for later use.  Those flows would have gone to a a river and usually, out to the Pacific Ocean.  We’ll leave out the discussion of environmental uses of instream or stored surface water, except to say that they are one possible kind of use.  There are usually some senior water right holders who have first call to the water, or who get a higher percentage during a drought.

How about irrigators who have little or no water storage?  Since they depend on natural flows, droughts mean there is less flow available.  It’s not voluntary, but the diverters share the losses, either

FloodedField_Pixabay_nature-1252579_1280
Pixabay, public domain

with lower priority water right holders  shutting off first, or everyone taking a cut if everyone has the same priority.

The photo on the left shows flood-irrigation, which is the least efficient method and raises the hackles of downstream diverters, or just about anyone south of the Delta.  Flooding allows less productive land in California’s mountainous areas, often with shorter growing seasons, to be used to for pasture to raise cattle and other livestock, or for hay which might be used anywhere in the Western U.S.

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Pixabay, public domain

Even though not required, flood irrigation is being replaced over time with more efficient methods.  Ranchers and farmers want to make scarce water stretch farther and irrigate more acres than flooding would allow.  Land is being leveled right now to make

SprinklerPasture_Pixabay_water-340468_1280
Pixabay, public domain

flooding go further.  Sprinklers are increasingly used, so that less is diverted in the first place.  Plain capitalism makes upgrades economical for the long-term.  This isn’t an instant result, like voluntary conservation brings, but more water is available for instream and downstream uses every year.

These irrigation improvements are part of the reason that the State Legislators, Governors, and the State Water Resources Control Board have been careful about what laws to impose in the

WheelLine_Pixabay_irrigation-403371_1280
Pixabay, public domain

upper watersheds.  Many of the rights in the upper Sacramento River Basin are defined in Superior Court Decrees, and so are senior rights.  However, the State has and still can make laws that reach back and change the rights in these old decrees.  Many of you diverters on these streams have continually explained to politicians and bureaucrats that suddenly modifying or qualifying water rights can wipe out billions of dollars of agricultural production overnight.

So, yes, the fastest voluntary conservation will be had in the southern two-thirds of the state.  And a lot of senior water right holders up where rain and snow fall, in the northern third of the State, may be experiencing the same or even greater percentage of involuntary reductions in diversions at the same time.  “One size fits all” conservation may still not be equitable.

That’s enough on this for today.  Let’s hope and pray that precipitation is higher than forecasts next winter!

Water Issues Blogs/News – South, Central, and North

“All politics is local”, said U.S. Representative and House Speaker Tip O’Neill and water issues are local too, when it comes down to you and me using water.

https://en.wikipedia.org/wiki/Tip_O%27Neill
https://en.wikipedia.org/wiki/Tip_O%27Neill

There are also good regional and local blogs and news aggregators so we don’t have to pick through short, syndicated news articles to get the straight scoop.

I have had calls asking, “Where do I get information on California water issues and water rights?  Is there a website that covers it?”  California is too big and there are thousands of local water issues, so no one site could even try to cover it!  Hundreds of blogs and news sites are hosted by groups and associations, for every imaginable location and use of water.

We’ll just look at blogs and news covering Southern, Central, and Northern California.  That’s a diverse look at water issues in this highly varied state, and these three sites can give us a lot of detail (“granular” information in politispeak) about local goings-on.

SoCalWater_HomePage - EditedThe Southern California Water Committee does not actually have a blog, but they have a great mix of blog posts and news articles that function as a typical blog. SCWC’s Mission is on their home page which you can see to the left: “The Southern California Water Committee addresses our state’s most critical water issues in order to ensure continued economic growth for California, and a secure, reliable water supply for its people”.  There is an Issues page to quickly read summaries of main concerns to Southern Californians.  It looks like this blog is growing quickly so check it often for updates.

METWDSC_Blog - EditedSouthern California is so big, in population and in the importance of water, that a
savvy reader has to look at the blog of the Metropolitan Water District of Southern California.  The professional H2outlook Blog can take up some hours or days of your time getting educated on MET’s perspective…and it is worth your time!

You will have to help me when we get to the middle; I could not find a specifically BayDeltaBlog - Edited“Central California” blog.  The Bay Delta Blog seemed promising for covering the Delta, the focus of Central Valley issues.  Unfortunately, the last post was in 2012.

 

The California Water Blog, mentioned here previously, has quite a few posts on Central Valley issues.  We’ll call that the go-to for the middle of the State for now.

Northern California Water Association:  From their About page, The NCWA Mission is “to advance the economic, Screenshot 2016-06-08 at 23.18.59 - Editedsocial, and environmental sustainability of the Sacramento Valley by enhancing and preserving its water rights, supplies, and water quality.”  This site covers issues in the wetter part of the State, where most of the snow and rain fall.  It’s a busy blog and, like the H2outlook Blog for the South, you can spend days here catching up on issues in the North.  Of course the issues covered by NCWA extend well into the Central Valley, too.

These sources are very good and will give anyone an in-depth understanding of each region’s main water concerns.  Please let me know of other in-depth blogs and I’ll list them here.

That’s enough for now and I wish the best for you in the use of your water rights.

Can I lose my water right?

This is a question that comes up all over California, every day.  It usually comes in one Headgate on streamof two ways:

  1. I’m about to buy some land.  Will I have a water right if the previous owner did not use it for X years ?
  2. My neighbor hasn’t used his right in X years.  He lost it, so I can use it, right?

The short answer is yes, an appropriative, post-1914 water right can be lost.  Court-decreed water rights, riparian rights, and pre-1914 are major exceptions, usually – we’ll discuss those cases later in the post.  What most people are thinking of is the provision from WATER CODE SECTION 1240-1244:

1241.  If the person entitled to the use of water fails to use beneficially all or any part of the water claimed by him or her, for which a right of use has vested, for the purpose for which it was appropriated or adjudicated, for a period of five years, that unused water may revert to the public and shall, if reverted, be regarded as unappropriated public water. That reversion shall occur upon a finding by the board following notice to the permittee, licensee, or person holding a livestock stockpond certificate or small domestic use, small irrigation use, or livestock stockpond use registration under this part and a public hearing if requested by the permittee, licensee, certificate holder, or registration holder.

Diversion box to field“Board” means the  State Water Resources Control Board.  The emphasis on “may” and “if” is mine, and it is important.  Loss of a water right under this provision is not automatic.  It takes a complaint by someone to get it started, just as it takes a complaint for someone to get a water rights case heard by the judge of a Superior or Federal Court.

Then, if the water right holder protests that yes, he or she has diverted water during the last 5 years, it’s up to the complainant or the Board to prove that water was not diverted.  This might be from yearly photos of the land in question (rare), testimony by several neighbors;, or a lack of records from the water right holder, showing that there was indeed pasture with cattle, or hay, or some other beneficial use; or some other evidence.

Let’s consider riparian rights and then put that discussion aside.  A riparian water right cannot be lost for non-use, since it is established by the Constitution of the State of California.  Riparian rights are not being considered here.

How does someone know that their water right may be on the chopping block?  They will have already had phone calls and probably visits from Board staff.  There should be no surprise at this point.  Then, the Board will send a letter that starts something like this:

Notice_proposed_revocation

There is an opportunity to dispute the assertions in the letter, and a water right holder can request a hearing (or hearings) before the Board.  If the alleged non-use is not a watertight case, the process can take a year or longer.

What if the water is a pre-1914 water right?  Can it be lost?  The answer used to be a fairly solid “no”, but the Board’s authority has increased in recent years.  It is harder to lose a pre-1914 right but the best defense is having used it at least once in the past five years, and having some proof it was used.

Diversion box from diversion

What if the water right is part of a  State Superior Court  or  Federal District Court  decree* or adjudication?  Interestingly, very few decrees have ANY provision for expiration of water rights.  In addition, courts usually maintain jurisdiction of these cases, so that any following petitions or lawsuits over decreed water rights must go back to court.  In essence, this makes decreed rights “eternal” or permanent, unless the rights are changed in a subsequent lawsuit.  *Statutory adjudications where the Board issued an Order of Determination, and then took it to the Superior Court to be adjudicated, might be easier for the Board to bring before the court for a revocation action.

What does the Water Board think about that?  Board staff assert that they have “concurrent authority” with State Superior Courts.  That means they have equal power over water rights.

Credit: Pixabay
Courthouse.  Photo Credit: Pixabay

Some at the Board say they have authority over the same water rights that the court does.  Is that true?

Let’s say that it is true.  Has the Board ever asserted its authority over decreed water rights in court?  The last few times I asked Board staff, the answer was

“no”.  So it may be true, but as far as I have heard, it has not been tested.  So, no, decreed rights cannot be revoked by the Board without going to court.

Summarizing the subject of losing post-1914 appropriative water rights for five years of non-use, then, they can be lost if the water right holder admits it, or if there is good evidence that water has not been used.  Pre-1914 rights are harder to lose but it can happen.  The Board cannot revoke riparian rights because they are defined in the State Constitution.  Court-decreed rights cannot be revoked by the Board without going to the court with a petition or as part of a lawsuit.

Highest And Best Use – Eye Of The Beholder, Part 1 of Many

What is the highest and best use of water?  That’s a loaded question – ask 10 of your friends and get ready for some long conversations.
pump DSC06523Highest and best use is the doctrine that water should be used for the most valuable purposes.  Most people probably agree that the highest use is human health and safety – drinking water and fighting house or apartment fires being at the top of the list.

stream IMG_8137What comes next?  The answer depends on where you are, many court cases, what your business is, and right at the root of all human valuations, your world view.  Is your view of the world that humans and businesses come first, or that animals and environmental uses are most important?  This aspect of who we are, our world plum branch IMG_5832_view, is the foundation of our beliefs and our filter for all information.  World view discussions already have 10 million or more blogs so we won’t discuss that here.

Regarding water, what else determines the ranking of best and highest uses?  If you live in North Carolina, then rainfall is relatively abundant.  Sure, water needs to be moved to where it is needed, but handling floods might be more of a concern than enough rainfall.  If you live in a part of the world where surface water is scarce, like California, then every water use competes with others in dry years.

This is a short pgrain field _DSC2817ost and it will be fleshed out in the coming months.  For now, everybody have a great week.

 

California Water News All In One Place – Aquifornia

How do you keep up on California’s water news?  A great place to see articles for all major and many local newspapers is Aquafornia.

I fell behind on my blog and missed the weekly deadline, so I am behind a couple of days.  Travel for my son’s college graduation on the other coast, as well as Internet issues played a part.  Now my schedule is back on track and I’ll get another post in this week to make up for the tardy post.

Newspaper articles vary in length, coverage of the subject, and context.  The quality depends on reporters’ experience and editors’ interest in water subjects.  Since the great majority of California’s population lives in urban areas, reporting on water issues can be brief and leave out detail regarding agricultural issues.  Water rights is a complicated subject and it can be difficult to figure out what a reporter is actually saying when writing about some aspects of changes that can affect diversions!

AuaiforniaThe great thing about Aquafornia is that they aggregate, or pull together, a whole bunch of articles in one place.  I have been reading news articles from their site for years to keep up on news inside my area of expertise, as well as reporting well outside my own interests.

It’s always good to know what;s coming down the pipeline that might widely impact water rights.  For example, urban and environmental water shortages or water quality issues will certainly affect agricultural water rights in the long run, possibly even in the near future.


Screenshot 2016-05-11 at 06.50.27 - EditedAquafornia
is a whole lot more than current water news.  The site, hosted by the Water Education Foundation, is an encyclopedia of Statewide water issues.  If you want to do research on any water subject, it’s a very good place to start or get pointed in the right direction.

Great Writing on Variety of Water Issues – California WaterBlog

This blog is about California water rights, diversions, devices, and how measurement devices work, plus a few posts on larger or different issues.  For a great source on a wide variety of water concerns in California, check out the California WaterBlog:  https://californiawaterblog.comCalifornia_WaterBlog

Reading this is like taking some college classes (but faster and more interesting), especially if you check out some of the linked sources.

The April 17 post is really interesting; everyone wants to end groundwater overdraft, which decreases the amount of available groundwater.  Increasing overdraft makes wells have to go ever deeper to get water while drying up some existing wells.  However, there is a cost to any new action, and some folks have figured out costs of getting more water through the Delta to fill up the San Joaquin and Tulare groundwater holes:  at least $50 Million, maybe as high as $1.5 Billion per year:  https://californiawaterblog.com/2016/04/17/californias-delta-groundwater-nexus-economic-and-water-supply-effects-of-ending-groundwater-overdraft-in-californias-central-valley/

Anyway, check out this blog, they talk about every aspect of California water!

How Can You Keep Up With The Water Board?

SWRCB_EmailSub_Header

How can anyone keep up with all the new regulations from the California Water Board?  Subscribe to the email lists affecting you (links below).

It’s impossible to keep up with everything, so we have to pick and choose.  But the pace of Water Board regulations is already jet-speed and headed toward hypersonic.  It’s wise for everyone who diverts surface water to subscribe to relevant email lists and then at least scan the ones that look important.  The link for all Water Board Subscriptions is:

http://www.waterboards.ca.gov/resources/email_subscriptions/

The link for statewide issues is below.  I think I counted 174 possible email lists, but you can probably pick the 10 that affect you the most and keep up pretty well by reading these:

http://www.waterboards.ca.gov/resources/email_subscriptions/swrcb_subscribe.shtml

Of course, AllWaterRights.com, this blog, will highlight the most important issues for surface water diversion measurement, water rights, laws, and regulations.  Come back often and you’ll see one or two new posts each week.  🙂

As a bonus for those of you who read this post, here are a couple of Death Valley photos my wife and I took last weekend.  This year there is a super bloom!  Last year was very wet, DeathValleySuperBloomand while we were there were good showers in several parts of the valley.

There is also stunningly beautiful geology, with colors ranging from white to black, and in between amazing hues of green, red, blue, orange, yellow, purple….  It’s the first time we had ever been there in daylight and we want to go back.  If it is raining in Death Valley, that bodes well for all of California this year.DeathValleyGeology_2

Good night all, and enjoy the rain and snow!

Water Management (Sharing Shortages) In California In the Short and Long Term, Part 2

Continuing from Part 1, why would a groundwater shortage in San Diego affect how much a surface water diverter in Modoc County could use…rather, how much the diverter has to reduce his use?  Where does all groundwateWatercyclesummaryr come from?  Surface water flowing in streams, accumulating in meadows, ponds, and lakes replenishes groundwater, whether it takes a year, 3 years, or 20 years.
Rainfall infiltrates (soaks in) until the soil has no more capacity, and then runs off.  Groundwater is directly connected to, and depends on the amount of surface water.

In 2009, just 7 years ago, the California Legislature passed and the Governor signed Senate Bills 1, 6, 7, and 8.  These new laws required:

In 2013, 4 short years later, the Sustainable Groundwater Management Act passed.  This is a gigantic change in state groundwater laws – 515 groundwater basins in California are now prioritized based on overdraft, increased groundwater pumping, and falling groundwater levels; or conversely, the health of groundwater basins – some are hardly even touched.  On this map, now everybody can see what was neCASGEM_BasinPrioritization_Statewidearly invisible 2 years ago – the state of our groundwater basins.

About 2/3 of California’s water falls in the northern 1/3 of the State.  However, most of the good agricultural land, as well as most of its population, is in that drier 2/3 of the State.

Back to San Diego potentially affecting how much water can be diverted in Modoc County…does San Diego even have a groundwater basin?  Yes it does, along the Sweetwater River.  Of course this isn’t hydrologically connected to drainage from the Pit River in Modoc County; the Pit River ultimately eCASGEM_BasinPrioritization_SanDiegonters the Pacific Ocean in the Sacramento River-San Joaquin River Delta, and the Sweetwater enters the ocean on the shores of the City of San Diego.

Think about it:  7 short years ago, groundwater was mostly a mystery to 90% of folks, and surface water management was hardly “integrated”, except for the federal Central Valley Project (CVP), State Water Project (SWP), and some relatively small projects.  20 years from now?  Heck, that’s 2036; I’ll bet that, just continuing the –> trajectory –> of legislation that started in 2009, by 2030 (14 years from now), surface water and groundwater will be so connected and co-managed, that shortages in San Diego will require diversions to be reduced from where the water is in those northernmost Counties contributing to the Sacramento River drainage:  Siskiyou, Modoc, Shasta, part of Lassen, Tehama, Glenn, Butte, and Plumas.  I put in print so we can check my prognostications down the road.  You heard it here first!

Maybe that sounds paranoid or protective.  It’s not, I would think the same whether I lived in Crescent City, San Francisco, Susanville, Oroville, Bakersfield, or San Dimas.  After all, who would have thought in 2007 or 2008, that we would be integrating surface water use, looking at groundwater maps in syndicated newspapers, hearing of possible  fines of $25,000 for misreporting surface water diversion in the middle of nowhere…?

That’s all for now, by the end of the week we’ll be back to discussing the many aspects of the diversion of surface water.  Have a good night, everybody.

Water Management (Sharing Shortages) In California In the Short and Long Term, Part 1

san_diego_sdskyline14_smCalifornia surface water and groundwater laws are increasing controls rapidly, and the changes aren’t over yet.  The end result will likecreek_through_meadow_smallly be that shortages in San Diego will reduce how much a license holder in Modoc County can take.  It will probably take 20 years for the full effect…but 20 years is a lot faster than it used to be for farmers, ranchers, cities, and the environment.

How does this work?  It is harder to see from the surface water side.  How are the two ends of the State even connected, hydrologically?  Some diverters up around Alturas divert from the Pit River, which flows into Shasta Lake on the Sacramento River, which flows to the Delta, from which water is pumped by the U.S. Bureau of Reclamation (USBR) and the California Department of Water Resources (DWR).  Actually, DWR diverts water released from Lake Oroville on the Feather River, but that water joins the Sacramento River at Verona, before it gets to the Delta.Central_valley_project-01_wiki

The federal water goes to the San Joaquin Valley, which is the southern end of the Great Central Valley and salad bowl of California.  The USBR Central Valley Project (CVP) coordinates to some extent with the California State Water Project (SWP).

CVP_State_water_project_wiki

 

 

 

The state water goes partly to the San Joaquin Valley, and mostly over the Tehachapi Range to the Los Angeles Basin.  Where the water goes from the CVP and SWP is carefully controlled by water rights and contracts.

 

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What we don’t see with our own eyes is the groundwater picture.  Groundwater pumping has dramatically increased during the last few years of drought, as news articles have made clear.  Nobody’s groundwater rights are affected by the new groundwater laws, but every groundwater basin either has or will soon have a local management agency of some type.  Maps of groundwater shortages will be in news articles, online, and where every citizen of California can see them.  This is part 1 of a several-part post on how in the world, or in this case the state, groundwater shortages in the extreme South will affect surface water diversions way up in the North.

Coming to a Diversion Near You – Water Board’s 2017 Measuring, Reporting Requirements

Continuing our discussion from a previous post, http://allwaterrights.com/2016/01/27/diverters-must-report-weekly-daily-or-hourly-starting-2017/, surface water diverters must have some kind of measurement system, and must report diversions more frequently.  The Water Board posted a fact sheet online that summarizes the emergency regulations:  SENATE BILL 88 AND EMERGENCY REGULATION FORMEASURING AND REPORTING ON THE DIVERSION OF WATER

Many diverters, particularly those who report less than 100 acre-feet (AF) per year, can find enough information in this blog to successfully install their own measurement devices.  100 AF per year is equivalent to a year-round, 24-7 diversion of 0.140 cubic feet per second (cfs).  If the diverter only uses water during the irrigation season, the equivalent rate is higher.  For example, a diversion for 90 days is only 1/4 of a year, so the rate is proportionately 4 times greater:  0.560 cfs.

What are some of the other regulations?  Here are a few from the January 8 version, which still has the edits shown.  The first is that diverters must “immediately” report changes in name, address, or ownership.  Sometimes, buyers of property don’t even know they have a permit or license!  Not immediately reporting something a buyer is not even aware of, puts the new owner in legal trouble:20160108_prop_regs_S_915-916

There are changes in the regs which we have already discussed, in measurement devices, reporting frequency, and who is legally qualified to install measurement devices:

20160108_prop_regs_S_933_meas_dev_Part_2_of_4

20160108_prop_regs_S_933_meas_dev_Part_3_of_4

20160108_prop_regs_S_933_meas_dev_Part_4_of_4

 

 

 

 

 

 

 

 

 

 

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More on the regulations later, including additional information about how to comply with the law, stay out of trouble, and protect your right to divert water