Good Neighbors – Page 2 – All Water Rights

Rotation On 1 Farm; Between Diversions / Farms; And After Subdivision

This post is about individual water rights, not those that are distributed by a water district, irrigation district, water company, or other organization that can sell and assign shares of water. Side note: if your diversion is 100 AF to 1,000 AF per year, now (January-February) is a great time to get your measuring device installed and certified! Diversions of ~0.4 to 4 cfs take smaller devices – many can be installed between storms before the busy spring season. If you live on or farm a parcel that was subdivided from a ranch that had water rights, it will take you and your neighbors some planning and work to do to share the water equitably with your neighbors. This map shows multiple owners on land that used to belong to just one owner, H. Leggett, when the South Cow Creek Decree was issued by the Shasta County Superior Court in 1968.

Originally on the Leggett place, there wasn’t enough water to irrigate the whole ranch at one time. The water was rotated between one part and another. Maybe it took 10 days of turning the water into one field and then another, and after that there may be a to 10 day pause. Pixabay_water-340468_1280

Rotation also took place by agreement or adjudication between several diverters. Below is shown the northwest part of Sheet 5 of the South Cow Creek Decree. The green areas show the decreed irrigated acreage mostly in the correct spots. You can see that the H. Leggett was neighbors with A. Otten to the north, E. Frisbie and X. Shuffelberger to the northeast, H. Fraley to the southwest…and these diverters may have rotated and combined diversions to get a slug of water to push over a whole field quickly. One may have had water for 5 days for a larger farm, another for 2 days for a smaller farm, and so on. The rotation would have repeated through the irrigation season, with the time periods usually staying the same. That way, as natural flows decreased through the irrigation season, everyone shared the loss because they each had the same percentage for the individual irrigations.

Shasta Co. Sup. Ct. South Cow Ck. Decree Sht. 5, NW part

There is another kind of rotation that happens as land is subdivided over time. An original 800-acre ranch may be split into 10 parcels today. If the ranch originally had 4 main ditches, many of the parcels today don’t touch a ditch. What’s the solution?

When a bunch of smaller, feeder ditches are put in, then most of the water will soak into the ground before it gets to the parcels it is supposed to irrigate. If instead, landowners agree to get water for, say, 40 parcels

sierra_vly_sht_5_sierraville_area-edited — Sierra Valley Revised Decree Map, Portion Around Sierraville

at a time, then a higher volume of water may be pushed across all of the properties before it is sent to the next group of landowners.

Of course, investment in infrastructure, such as lining or piping ditches, might
make water available to most of the people for most of the time. Rotation can be alleviated by more and better plumbing. The monetary cost is higher, sometimes much higher, but getting more water overall can be worth a lot. Not having to be home on all rotation days is worth something, too.

Hat Creek Shearin Tract, from August 2014 Revised Decree Map

What happens when a subdivision is built on what used to be a farm or ranch? In some cases, new owners have invested in pipelines to keep rotating the water between the smaller parcels, or supply all parcels at once if the pipelines increase efficiency enough. In other places, some new owners use water, others don’t, which is fine as long as a new owner doesn’t complain loudly. The map above is from the revised Hat Creek Decree map, showing one original ranch that subdivided into 60 + parcels. Some parcels get surface water from the ditch, other, newer owners have put in a few pumps and pipelines to ensure decreed water rights are available to smaller parcels today.

In still other locations, none of the new homeowners wanted to use the water, either because there was a built-in municipal supply of treated, safe water, or

Subdivision - Photo Credit: Pixabay — Subdivision – Photo Credit: Pixabay

because one or more wells were drilled. No water is diverted, so none is rotated. The existence of surface water rights probably was not advertised when the parcels were purchased, and once the new owners were built homes, it became too expensive to arrange pipelines across several neighbors’ properties to get a share of the surface water right.

In summary, rotation has been part of most farms and ranches since the beginning. Physical rotation of a water right on subdivided parcels takes forethought and planning. It is least expensive when new ditches or pipelines are installed before the new parcels are built out in houses and businesses.

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What Should You Do If Your Neighbor Is Stealing Your Water?? Rest Of The Story Version 2

This is the “Version 2” conclusion of the story What Should You Do If Your Neighbor Is Stealing Water?

Angry Neighbor Larry Lucifer - Photo Credit: Pixabay — **Angry Neighbor Larry Lucifer – Photo Credit: Pixabay**

Mark and Sally Saint Family - Photo Credit: Pixabay — **Mark and Sally Saint Family – Photo Credit: Pixabay**

Sally Saint was convinced that her neighbor, Larry Lucifer, has been stealing water. She didn’t want to make an enemy of Larry but that may be impossible since Larry gets angry easily, has lots of opinions, and tells everyone else what they should do. Sally called the California Department of Water Resources Watermaster Supervisor, and he gave her detailed advice. So, what did Sally do with that advice?

Sally called the Water Board in Sacramento and found that Larry and she have a riparian water right. Larry has been filing Statements of Use for the ditch, including for the Saint’s and others’ parcels that get water from the ditch. As far as the Board knows, Larry is the sole owner of the w lucifer-saint_with_ditch_names ater right.

In Version 1 of this saga, Sally went over to talk to Larry, said that she thinks the Saints are not getting their right, and Larry threatened to take legal action and then kicked her off the property. Mark and Sally ended up placing their own pump in the creek and avoiding Larry.

Today, in Version 2, Sally went over on Saturday and said hello to Larry. She even brought fresh-baked cookies. He was grumpy but willing to talk about irrigation from the Greig Ditch. After a few easy questions, Sally asked, “Larry, can you help me understand the water rights on Rowdy Creek?” Smart – this is an open question and gives Larry a chance to show how smart he is.

“Well, my grandparents and parents always said these are riparian rights. I don’t know if there is an amount. I know my property has riparian rights but you don’t anymore.”

Sally nodded. “Okay, thanks for explaining that. Your family owned all this once and if anyone still understands it’s you. I appreciate you sending water through the ditch to us so we can irrigate, even if we don’t have a right.”

Larry nodded and said, “Well, you guys might still have a water right. Or you could pay me for more. I’ll sell it to you for $1,000 per acre-foot. That’s a pretty good price. I do all the work at the diversion, and ditch work, and you guys don’t pay anything. You haven’t even offered to help.”

**Backhoe Cleaning Dry Ditch, Photo Credit: Pixabay**

Sally looked surprised and said, “You know, you’re right, Mark and I never even thought about that. You do the work every year, and we really appreciate it. We would like to help so you don’t have the whole load. Can we rent a backhoe every other year and clean out the ditch? I’ll help you at the dam – I know you build it up every year and put plastic in.”

pixabay_call_phone-61002_1280 — **Watermaster In His “Field Office” – Photo Credit: Pixabay**

Larry thought about it. “Well, yeah, you should be doing the work, too. So, what’s the problem? Why did you come over here, anyway?”

“We really want to understand our water rights. If there was a way we could keep the pasture green a little longer, say, through August, that would really help.”

“Well Sally, I’m not even sure you have a water right. But if you do half the maintenance, or pay something for me to do it, then as long as I get my water I don’t care what goes down the ditch to you guys. You can go raise up the dam a little if you want more, too, just let me know if you are coming on my property.”

Sally thanked Larry again for helping her to understand. She left while she still had a “win”, since she had a solution to get her water. Since the Watermaster had spent time giving advice, she called back to let him know how it turned out.

The Watermaster explained: “Hey, that’s great, Sally! Well done, you tamed the tiger a little bit and it sounds like you will get your water next year. You have a

Putting In Small Rock Dam, Photo Credit: Pixabay — **Putting In Larry’s Rock Dam, Photo Credit: Pixabay**

riparian right, correct? Remember that riparian rights are undefined – per the California Constitution, it’s whatever you can apply reasonably and beneficially, without wasting it. As the flow drops in the stream you have to share the loss with other riparian diverters. As a rough idea, you might have the full right through June 15 or 30, and by the end of August, maybe half, and the flow pops back up again at the end of October. If nobody is complaining to you or Larry, you could raise or seal up your dam a little more in July to keep ditch flows a little higher.

The end of Version 2 of this story is that Sally talked with Mark, and he was pretty happy that they had an agreement with Larry. They agreed that they should tread lightly and not talk with neighbors and others about it; if it got back to Larry he might get mad about the gossip and really mess with their flows!

What have you experienced – a Version 1, Version 2, or something else? Please let us know in a comment!

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What Should You Do If Your Neighbor Is Stealing Your Water?? Rest Of The Story Version 1

This is the “Version 1” conclusion of the story What Should You Do If Your Neighbor Is Stealing Your Water? Version 2 will be out in a couple of weeks.

Sally went over on Saturday and said hello to Larry. She even brought fresh-baked cookies. He was grumpy but willing to talk about irrigation from the Greig Ditch. After a few easy questions, Sally asked, “Larry, how do I know what my water right is?”

“I don’t know, it’s your job to figure it out for your property.”

Sally tried another tack: “I noticed that your field stays green through August, and mine starts drying up in July. I don’t know if this is correct, but it seems like maybe our field is getting less than our water right. What do you think?”

“Dang it Sally, I make sure some water gets to you. Do you have a way to measure it? I don’t, and you don’t, so how the heck do you know you are not

getting your full water right? Besides, I clean out the ditch and keep it flowing with my backhoe, my fuel, my time, and I never ask you for help.”

Sally was a little embarrassed. She had not thought about the work Larry did that helped her family out; she was getting to ready to acknowledge Larry’s help and tell him thanks when Larry barked, “You know what, Sally, I learned long ago don’t do anybody any favors. My mistake for not making you pay your part. Why don’t you get off my property, and I’ll have my attorney contact you. If that’s not good enough I’ll get a court restraining order. How about that? I’m not sure how much water is going to make it down the ditch next year. Now leave and don’t come back.”

Sally left, boiling mad and flabbergasted. What did she do wrong? Should she just forget it? Were there really jerks like this, who you can’t talk to? Sally went home and fumed, and then called the Water Board to demand some answers. What were her rights, and how did she figure them out? She couldn’t get anyone on the phone who would take the time; the Water Board was way too busy enforcing the SB 88 deadlines for measurement device installation. Sally called back to the Department of Water Resources in Red Bluff and talked to one of the Watermasters. She explained everything that had happened.

The Watermaster explained: “Yeah, I’m sorry Sally, sometimes that’s the way it goes. You have a riparian right, correct? Well riparian rights are undefined – per the California Constitution, it’s whatever you can apply reasonably and beneficially, without wasting it. You can’t ship it off your property, but you could use it anywhere, for any crop, livestock, and short-term storage less than 30 days. As the flow drops in the stream you have to share the loss with other riparian diverters. As a rough idea, you might have the full right through June 15 or 30, and by the end of August, maybe half, and the flow pops back up again at the end of October.

“You do have a right to maintain your ditch. However, that doesn’t mean a neighbor won’t sue, which costs money and time no matter what. If it were my place, I don’t think I’d walk on your neighbor’s land without permission.

“Hey, here’s an idea. There’s no reason you couldn’t divert your flow from your

Pump - Photo Credit: Pixabay — Pump – Photo Credit: Pixabay

own diversion. Yes, you’re right, you would have to pump it, since the creek is a little downhill of where it would need to get onto your place. The pump will cost a few hundred, plus some hundreds in sprinkler lines, plus some power cost each year, and right now you get the water for free with gravity. But if you wanted, you could avoid dealing with your neighbor on water. Oh, and since you would be pumping, think about putting in sprinklers to keep it efficient.

“Another thing to think about – what if he gets mad and cuts off the water completely? You could see a lawyer and take it to court, and it would be decided once and for all. But, a court action is very expensive, whether you win or lose, and you never know how a judge is going to decide. Having your own pump might be a lot less expense and hassle in the long run.

“At least you have the option of your own diversion; think about people who aren’t riparian and aren’t getting their water. They have to complain to the Water Board, or hire an attorney, and maybe even sue in court!

“I wish I had a better answer for you. Right, ‘water’s for fighting, whiskey’s for drinking,’ as the old saying goes. As you’re seeing now, sometimes water just seems like an excuse to carry on an argument. Putting in a pump might be your best option. Call back if you have any questions, okay? I hope it works out well in the end.”

The end of the story is that Sally talked with Mark, and she was careful not to talk about her neighbor at the salon – gossip spreads like fire in a small town. Mark and Sally decided to put in a small pump, some pipe, and some small sprinkler lines. That way, they would not have to deal with Larry at all, and they would make sure to irrigate all the pasture.

Next time we’ll look at Version 2 of the end of the story. Could things turn out differently, depending on how Sally approached Larry? We’ll see!

What Should You Do If Your Neighbor Is Stealing Your Water??

This is a story about Larry Lucifer and Sally Saint, neighbors for 12 years on Rowdy Creek. Larry is third generation on the same property, which was originally a 320-acre ranch. His grandparents subdivided it for their 8 children, and some of then kept their 40-acre pieces, while a couple subdivided into ranchettes. Sally and her family moved onto one of the smaller parcels and built their starter home.

The names have been changed to protect the innocent and guilty in this story. However, most

of Larry’s neighbors know him to have strong opinions that he is happy to share with anyone; using Lucifer as his last name is probably a fair characterization. He knows what everyone else should be doing with their property, how they should vote, what they should drive, what their kids should do…and what their water right is. He thinks he has a genetic ability to look at water in the creek or a ditch and tell you exactly what the flow is. Larry has somehow stayed out of jail for his more famous misadventures, and he is happy to sue anyone he has a disagreement with.

Sally Saint is truly a nice lady who gets along with her neighbors. Her husband Mark

works for the Bureau of Reclamation and she works at a nail salon in town. Their 2 kids are nice, and involved in various sports and 4H, and they get good grades. Sally volunteers at the schools and writes a beauty column in the local paper. She is fairly well known and everyone likes her.

Mark is working overtime at the Bureau, so Sally is the one who puts in boards and irrigates from the ditch. Everything went fairly well until 2012, and since then it seems to Sally that there has been a lot less water. Larry’s whole pasture stays green all the way through August – hers is half dry in July. Somebody must be stealing water! The only one upstream on the ditch is…Larry.

lucifer-saint_with_ditch_names — Lucifer and Saint Parcels (Red Lines), and Diversions

Sally doesn’t like conflict, so she asked around some. Is there someone her other neighbors call about water problems? Nope, there is no ditch tender for the diversions from Rowdy Creek, everyone takes care of their own water. Sally used Bing to search online: water dwr_watermaster_web problems, ditches…water rights. Yup, water rights brought up some likely results. One of the government offices
is even close by – the Department of Water Resources (DWR) Watermaster Service. She called and talked with the Senior Engineer in the Surface Water and Watermaster Section and then she took notes on what he said as fast as she could write:

“It’s not a water right from a court decree, so DWR has no jurisdiction. Do you know the basis of your water rights? No? I’ll give you the Water Board’s number before we hang up.

“First, write down everything you know that is a fact, as well as what you think is going on. Be clear on what you know and what you do not know for sure.

“This is really important: TALK TO YOUR NEIGHBOR FIRST. This makes good sense – if you can resolve a problem between the two of you, it is the cheapest, easiest, fastest, friendliest way to fix things. Of course, be polite, ask questions, listen to what he says, don’t accuse. If this works, you might keep from making an enemy unnecessarily. Wouldn’t that be wonderful? Sometimes it works! If it does not work, at least you tried.

“You might find out you are wrong – maybe your neighbor Larry is diverting a lot more than his right because he is legally combining flows from several diversions, all at one diversion. Maybe he has a larger right than you thought, because he bought his neighbor’s property. It could be a one-time thing – he had to flush his ditch for maintenance, or he was doing a trial flood-up after leveling land. He could even be adding well water to the ditch somewhere you can’t see, and since it’s his he takes it out down the ditch.

“Make sure you are diverting correctly, Sally! Even if you are the nicest person

Newly Installed Briggs Weir — Briggs Weir Box

versaline-vl4511-and-wls-31-water-level-datalogger-specs-edited — PMC Data Logger

in the world, and your neighbor is as bad as you say, you will be upset and embarrassed if your neighbor turns around and finds you doing something wrong! I don’t know your ditch or property, but I suggest that you get a measurement device installed, and a data logger working, your online reports to the Water Board submitted and current. Given the size of your property, you probably need to record data every hour.

Intermountain_Env_Nuway_Flume_Brochure_Photo - Edited — Intermtn. Env. Flume

If you have enough fall in your ditch, you could put in a weir box from Briggs Manufacturing in Willows. If not, then a sheet-metal flume from Intermountain Environmental, or I have a local friend that can make you a flume. Oh, and I know a guy who can install it and a data logger right and make sure it’s working, inexpensively. Give me your email and I’ll give you all their contact information.

“It is a really good idea not to ask for help from law enforcement officers (LEOs) or officers of the court. They are not trained in, nor are they water diversion experts. It wastes their time and yours to have to respond, and then it is frustrating for everyone when our LEOs cannot help to resolve a situation. If a water argument goes sideways and turns into a water brawl, then definitely call 9-1-1!

“DO contact the folks who have authority or at least have water rights and/or
water flow measurement expertise! It is always safe to:

“Call the Water Board: (916) 341-5300

“They will either be able to help you directly, or to point you in the right direction. For example, sometimes people in Community Service Districts, Water Districts, or Watermaster Service Areas call the Water Board, and staff there will refer them back to whoever regulates the water diversions there. You’ll need to work with the district or agency that has authority over regulations if there is one. Otherwise you’ll waste time and money for little or no effect.

“If the Water Board folks are the ones who can solve your problem, then you will need to file a complaint. Complaints used to be filled out by hand, now they are, of course, filled out online at https://calepacomplaints.secure.force.com/complaints/ Make sure you have a measurement device in first, if you can, so all of the Water Board’s attention will be focused on your neighbor and not you.

“You will have to scan any paper documents you have. Many home printers have a scanner – if you do not have one, then get help from a family member, or a business supplies store. Oh, you have one? Okay, save documents as Adobe PDF files if possible; they are usually the format that results in the smallest file size. Cute PDF and other freeware can make a PDF file from your scanner output image files – JPEG, PNG, etc. Better yet, download the free NAPS2 scanner software on your computer – it can save scans directly to PDF format. If you are desperate, you can use a digital camera to take a photo and send that…but it distorts the document, and small text may not be readable.

“Make your complaint effective and easy to work on, by providing complete information:

Provide documentation of water rights. Do you know what the water rights are, because they come from a permit or license, or decree, or other document? Include them to save the government folks time…and establish that you know what you are talking about.
Get Google Earth or other maps, or sketches and drawings of the area. Write on them the property boundaries, owners’ names, diversion locations, and other pertinent information.
Write a clear, concise statement of the problem: “My neighbor has a water right of 1.5 cfs, and I think he is diverting 3.5 cfs.”
Provide photographs or video, all you can get.
Provide any measurements you have made and recorded. What were the dates, times, water depths, flows if you know them?
What do you want to have happen? Explain clearly: “I want my neighbor to reduce his diversion from 3.5 cfs to his actual water right of 1.5 cfs, so I can get my full water right.”

“I think that’s about it, and I am 5 minutes late for a budget meeting so let’s call it good for today. Call me back if you have any questions. You too, have a great week.”

So, what did Sally do next? This post is long enough – I’ll tell you the rest of the story soon!

Table Of Contents For All Water Rights!

It was getting hard for ME to go back and find the posts I had written, so I added a Table Of Contents (TOC) to the left menu bar. As of this date, there are 86 posts! I like to put work into standard, documented procedures to simplify life and make it easier for me to do the same thing next time, and for the next person in my job to pick it up quickly. Why did I wait this long to do a simple TOC?

I wrote 5 times this much verbiage in emails as a bureaucrat, so it is not lack of ability. Of course most of my State emails were for everyday work and coordination. Little of it had public interest.

In this blog, though, every post is of interest to a few thousand water right holders. The TOC lets you scroll through every post at your leisure and pick out the titles you are most interested in today. Tomorrow you’ll have a different question, and the TOC and blog posts will still be here for your use.

Do you have a question or an idea you do not see in the TOC? Let me know and I’ll publish a post about it!

On the How Do I? page, I picked out the burning questions and the posts that provide the best answers. When I received phone calls in the Watermaster job from which I recently retired, this lookup format was most useful in helping someone solve an immediate problem.

Is there a water rights issue or flow measurement problem you can’t find an easy answer for? Let me know and I will write a post, then include the link on this page, too!

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How Do I …. ? (Determine My Water Rights, Measure Flows, Report Flows , Etc.)

See the new “How Do I … ?” link on the left. There are so many posts on this blog, it is getting harder to find stuff. Click on the link, or right-click then “Open link in new tab”, and the big questions are linked to the appropriate blog posts.

Another way to search is, as always, Google. For example, googling “allwaterrights measure weir” brings up the following results:

ggl_awr_meas_weir

Good Reasoning – Public Servants Serve…Farmers, Ranchers Are The Ag. Producers

file000762170543 — Photo credit: morguefile.com

My public service philosophy came largely from Watermasters, and I continue this way of thinking in my business. The DWR Watermasters are good public servants, and they do what government employees are expected to do: serve the public – in this case, a specific segment of the population – as they regulate diversions per decrees, make quick and correct decisions to resolve problems, educate new landowners, and keep other agencies out of decreed water rights. However, Watermasters like Kevin Taylor and Joe Scott (and Les Grade, Ira Alexander, Mike Faber, Keith Dick, and others) taught me from the start, that the important part of the service is who is being served.

When Kevin would get complaints from diverters, he would often say, “I am interested in your success. Watermaster service takes money out of your pocket, and food off your table – I understand that. I want you and all the other diverters from this stream to prosper…and by making sure everyone can divert their legal entitlement, each person has the opportunity to succeed as far as it depends on the availability of a water right.” Really, Kevin suppressed_weir_jackson_small said nearly those exact words, which you know if you have ever talked with him. Joe would often call diverters and say something like, “Hey, I just wanted you to know, flows came up and you can take another half a cfs. Yeah, just open the gate another 3 turns, and I will fine tune it when I get there today.” Or on the other hand, “Why did I turn your diversion down? You were taking way over your water right! Oh, you think that’s unfair? How about when your neighbor ______ upstream wants to crank up his diversion when he feels like it, and you can’t get your water? The same rules apply to everyone on the creek – learn it, love it, live it!”

file000791511170 — Photo credit: morguefile.com

Farmers and ranchers are the producers, bringing out of the ground, water, and air, what most of the rest of us do not have: plenty of top quality food, lumber, flowers, and every kind of grown product. The end results feed and supply our families, livestock, pets, as well as providing surpluses to export to other countries. If agricultural producers did not work the long hours, take risks, weather market ups and downs, and try to keep their kids interested in the family business, food and everything that is grown would cost a whole lot more. Sure, corporations own a lot of ag. land, but it takes the same people to make the farm work.

Government workers can do research, carry out the public will to contract (sometimes build) infrastructure, enforce laws and rules, and make resource use equitable or legal (not always the same thing). That’s where state Watermasters come in. They professionally administer Superior Court decrees, sometimes permits and licenses, day after day over many years, to ensure diverters get their legal share. The good Watermasters, like Kevin and Joe, always keep uppermost in their mind that they are serving agricultural producers. Every story needs a main character. In the story of agricultural water diversion, the main characters are men and women who put water to use growing food and products.

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Why install a WEIR, with cost-effective FLUMES available?

Why would a diverter even think about installing a weir, when cost-effective flumes are available? It sure would be nice to have just ONE flow measurement device to consider!

After all, a weir should ideally convey only 1 cubic foot per second (cfs) for every foot of interior width, per the USBR Water Measurement Manual. For example, the 3′ weir on the left should only convey 3 cfs.

A flume like the Nuway Ramp Flume to the left can convey up to 8 cfs per foot of width. A weir has to have boards correctly installed, and a flume has no boards.

Flumes can have some drawbacks, though, which is why in ditches with adequate slope, the California Department of Water Resources Watermasters have preferred weirs for 15 years. A formed-up flume that is poured in place is expensive compared to a prefabricated weir. The new, prefabricated, galvanized metal flumes will reduce the cost compared to concrete, so cost is not as much an issue today. Even so, these flumes probably won’t last 20 to 40 years like the older, well-built concrete flumes do.

Flumes have a history of the ditch downstream filling in. This isn’t the flume’s fault; it was cheaper for a landowner not to do ditch maintenance and over years of neglect, the bottom of the ditch gradually got higher, flooding out the flume a greatly reducing its capacity and accuracy. Weirs can handle the lack of maintenance better – boards Photo_5566 can be stacked up a little higher and still have accurate measurements.

When a flume settles in the ground, or if a galvanized metal flume tips sideways or up- or downstream, its accuracy is seriously affected. It will only work right if a new calibration curve is developed by measuring flows in the ditch at different elevations within the flume.

However, when a weir settles or tips, boards can be cut so that the top board is still level. In fact, some settled or worn-out flumes have had weir racks and boards installed inside, to regain accurate flow measurement. It is not an ideal fix, but it is better than a +/- 30%-accurate flume.

If the ditch is significantly wider than a flume, then a couple of things have to be done to make it work. First, it has to have wide wingwalls, maybe much wider than the flume itself. These wingwalls have to be added upstream and downstream. Then, much more fill has to be used so water ca Weir_Showing_Board_Slots nnot overtop or wear through the fill. If fill has to be trucked in, that means extra cost and work to install it.

A weir is already wider than a flume, so shorter wingwalls can be used, if they are necessary. Less fill is needed. Installation can be substantially less hassle, and less expensive, depending on the ditch and proximity of the property to main roads.

However, in some wide ditches, 2 weirs have been installed side-by-side to measure a larger flow than just one could handle. And, as Watermasters understood orifices better and worked with them more, they discovered that sometimes, more flow can be conveyed through an orifice than over a weir and still have accurate flow measurement, +/- 5%.

Shawn_sticking_Orifice Finally, weir boards can be cut for a wide range of flows and elevations. A weir can become an orifice, which may be more appropriate for low flows or variable submerged conditions downstream.

We need both flumes and weirs! Which one is better, more durable, or more cost-effective, depends on the total diverted flow; width, depth, and slope of the ditch; proximity of the property to road access; downstream Shawn_Profile_Barn_Light_Circle flooding (backing up water) in the ditch, and other factors. 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.

Water Rights Review, And What Are They Worth?

This is a review of what kinds of water rights we have in California, discussed here some months back in Water Rights – Why Do They Exist? Which Kinds Are There? As a water right holder, you are really interested in what kind of right you have. Knowing what other water rights are is sort of academic, interesting but not necessary for day-to-day operations and the success of your farming or ranching business.

Even so, when the water supply is scarce you need to know what your neighbors’ water rights are both upstream and downstream of you. We’re putting aside the issue of someone stealing water, and conflicts over diversion amounts. Deferring the possibility of arguments, do they have a higher priority or seniority, compared to your water right? Do other diverters have riparian rights, which would be senior to an appropriative water right? The previous post in this blog is a good way to understand various surface water rights. It’s always helpful to read another description in someone else’s words , and here is a really good list from Sandy Denn at the Family Water Alliance: http://familywateralliance.com/water-rights-revisited/

The article has a brief and very handy description of beneficial use that is easy to remember:

“STATE CODE AND BENEFICIAL USE
The California water code was adopted in 1914. Since that time, water rights have evolved through many and varied decisions of case law and State Water Resources Control Board (SWRCB) actions which can carry the weight of law. A water right in California is a property right. For certain purposes, the right is treated as a real property right, yet for other purposes, it is purely usufructuary (i.e., a right to use). To preserve the right to use water, a beneficial use must be shown. Article X Section 2 of the California Constitution declares that the general welfare of the state requires that its water resources be put to beneficial use. In 1928, the voters of California approved a Constitutional amendment mandating that all waters in the state be “put to beneficial use to the fullest extent to which they are capable and that waste or unreasonable use of water be prevented…”

The kind and quantity of water right you have also affects the value of your land. Sometimes, land with a good water right can be worth more than double the price per acre of an adjacent parcel with no surface water right. In other locations, groundwater is used by most irrigators and surface water rights have less impact on the land value. You may be interested in selling your property or buying someone else’s, so where can you find good information on how to value your water right? This is what appraisers do, and the Northern California Chapter of the Appraisal Institute has a very good presentation on what goes into valuation: http://www.norcal-ai.org/amass/doc-get-pub/article/252/Water_Rights_021010.pdf

This slide show also includes a discussion of highest and best use. Water used for irrigation usually does not have to be used for the highest possible value or income, but it can be profitable to know what value the water could have. This information is also good to have in your pocket if you face the issue of some or all of the land being taken by eminent domain, or by a mandated change of use , such as taking by the state or federal government for environmental benefit. Here is one very useful quote from the presentation:

“…

Highest Highest and Best Use Analysis Analysis
If the value of the water right on the open market is worth more than its contributing value to the larger parcel under its existi ng use, then maximum value is attained by selling the water right separately.
 Example ‐ sell the appropriative water right for a beneficial use and convert the land to dry land grazing

…”

If you have any questions or comments, please comment here or contact me at RightsToWaterEng1@gmail.com. It’s sprinkling here right now, and I hope that 2016 is a good water year for you.

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 DSC06523 Highest 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_8137 What 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 p grain field _DSC2817 ost and it will be fleshed out in the coming months. For now, everybody have a great week.

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