Water Board Letters, Reducing Or Denying Additional Time / Alt. Comply Plans Being Reviewed

Many diverters or pond owners are getting letters like the one shown below, reducing or denying a Request For Additional Time.  The letter looks threatening, because that is how letters from regulatory agencies (bureaucracies) have to look.  Keep in mind that the Water Board won’t start issuing fines the day after the deadline.  Usually what happens next is a 30-day letter to cease and desist, or correct a deficiency, or face fines of $500 per day.

What should you do?

On August 10, 2017, I sent Kathy an email asking about Alternative Compliance Plans for diversions in closed basins:

“Hi Kathy,

I have a client whose water rights are all in one closed basin.  This owner owns all the lands where the water flows, either naturally, or when diverted from streams.  The end effect is, whether the diverter actually diverts or not, all the water ends up only on his land.

There are reservoirs involved.  The water rights could be in the range of 5,000 to 10,000 AF.

The argument is, since nobody else is or could be affected, there is no benefit to the State of measuring this water.

What are your thoughts on Alternative Compliance Plan for every water right on the ranch?  Would the Water Board put this on the bottom of the pile for places to look at, or toward the top?

Thank you,

Shawn”

Kathy’s answer was:

“Hi Shawn –

The measurement regulation does not have an exception from measurement based on location of the water source.  Any alternative compliance plan would need to identify the proposed measurement frequency and proposed measurement methodology.  It would also need to include an explanation and substantiating documentation of alternative compliance.  Absent substantiation of the specific basis for reduced performance standards, the plan must state how compliance with the measurement regulation will be achieved.  You ask for my thoughts on submitting an alternative compliance plan for each of the ranch water rights.  You should only submit plans which satisfy the regulatory standards. 

You ask whether the Division would put this on the bottom of the pile of items to look at.  Jeff and I have been actively looking at the alternative compliance plans submitted thus far.  We coordinate our actions with Lily.  We are actively evaluating the plans because we feel an obligation to let people know how they have done with their proposals. 

Kathy Mrowka”

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Some Notes From May 24 RCD / CFB SB 88 Workshop In Red Bluff

Yesterday, Thursday May 24, The Resource Conservation District of Tehama County and the Tehama County Farm Bureau held an SB 88 workshop, explaining requirements and methods for measuring and reporting on stockponds and surface water diversions.  Kirk Wilbur of California Cattlemen gave the best explanation I have ever seen on the regulations, what they mean, and how to comply.

I discussed measurement devices and water level loggers, installations, and some Board forms.  Here are some really rough notes that I will edit and add to later:

Types of water flow measurement devices

  • Weir – water level – Showed model of weir with boards
    • With Stilling Well for water level logger
  • Orifice – upstream AND downstream water level – Showed model of weir with boards, configured as orifice
  • Flume – water level – Showed 2 sheet-metal models, one for 0.9 cfs, one for 1.8 cfs
  • Pipe Meter (magnetic or propeller) – velocity
  • Acoustic Doppler – velocity
  • Rated Section, earth or lined – elevation vs. flow
  • Staff gage – elevation
  • Pressure transducer, ALL BATTERY POWERED – depth – Showed 2 types: Hobo and PMC data logger

Typical Installations

  • Weir – poured, pre-fab, conversion of gate, T-post and boards for temporary
    • Weir in ditch
    • Splitter weir
  • Orifice – can use weir box, boards, steel plate
  • Flume – poured, pre-fab, WinFlume built in concrete lined ditch
  • Pipe Meter (magnetic or propeller) – 4” – 12” bolt on existing pipe, 12” and larger, replace section of pipe
  • Acoustic Doppler
    • ditch – Sontek IQ on bottom or Side Looker at side
    • pipe – Sontek IQ, Panametric, other
  • Rated Section, earth or lined – elevation vs. flow, requires engineer/hydrologist to measure each flow and develop a rating table and curve
  • Staff gage – elevation only, goes WITH a measurement device
  • Pressure transducer – depth only, Volume WITH area-capacity / elevation storage curve, or WITH measurement device.

Strategies for Success with the Water Board

  • CALL them, get to know Kathy Mrowka, head of the Enforcement Program, or Jeff Yeazell, the public contact for non-Delta issues.
  • EMAIL them about the compliance steps you are taking.
  • INVITE THEM to your place. Showing a green staffer how a ranch or farm really works gives them context.
  • CHAIN OF COMMAND – this always works in bureaucracies! If you make it a pain for the boss, you are more likely to be heard or get leniency.
  • NEGOTIATE – laws are laws, regulations are regulations, and there are always exceptions, waivers, and so on.
  • DON’T DIG IN YOUR HEELS – Water Board folks are human and they are likely to direct their attention to someone who they are mad at.

Alternative Compliance – Water Board survey on web page

  • Not approved, denied, or evaluated
  • Will be public and can be reviewed, questioned, or criticized by anyone
  • May be “audited”, as Kathy Mrowka just told me a couple of weeks ago.
  • Estimate pond evaporation – CIMIS
  • No guarantee an ACP will not be protested
  • Varying risk of protest based on situation – higher risk factors
    • Does the stream have salmon or trout?
    • Are there other threatened, or endangered species?
    • Is the diversion or pond large?
    • Is access easy?
    • Is there a definite diversion channel?

Alternative Compliance Plans – Reasons I have used:

  • PART OF A YEAR, for a diversion or pond, if a pressure transducer needs to be removed to keep it from freezing.
  • A diversion that is not going to be used for up to 4 years, if it is blocked off with an iron plate or concrete plug.
  • Hydro plant, using power converted to flow
  • Ponds that have no gated outlets, and are not filled or drained by human action. These can only spill over uncontrolled spillway.
  • Ponds that have been in place for decades. They are part of the landscape, necessary for cattle and other ranching, and criticial for wildlife, waterfowl, and perhaps fish.
  • Ponds that are strictly for dry-land farming. If there are no diversions on a ranch, the ponds are all there is.
  • Ponds that have a low total amount of storage for the size of a ranch. For example, 6 ponds totaling 110 acre-feet for a 2,500-acre ranch.  The ponds are only used for stock and/or wildlife water and no irrigation.
  • A pond larger than 100 acre-feet, which has a creek running through it that never dries, and no water is diverted from the pond, so it is always full. Collecting data would provide zero new information – zero benefit, so any measurement cost is infinite relative to the cost.

Request For Additional Time

  • Up to 24 months
  • Need good reasons
  • Easy to file

Request For Additional Time – Reasons I have used:

  • The Water Board did not get the word out well, especially if my client never got a letter from the Board.
  • A parent who ran the ranch passed away.
  • 2016 was an extremely wet winter and spring, making access difficult until June, July, or later.
  • By mid-season, farmers and ranchers are in the middle of long days, leaving no time to put in a measurement device.
  • My client is investigating water efficiency, possibly an NRCS EQIP grant, and this would change the plan for a measurement device.

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How Do You Record Diversions? Water Level Loggers, Value Vs. Costs

Recording is the other half of measuring diversions from streams, under the law per SB 88, and per the Water Board‘s water diversion measurement and reporting regulations.  Diverters are required by law to measure flows at frequencies based on the volume of water diverted in a year.  The flow has to be measured and recorded.  Of course many diverters don’t need the data – it costs money and it doesn’t add income…unless a farm or ranch is upgrading for efficiency or to increase acreage  What you and I want in all of our purchases is the best value for the money.

We’ll look at 5 different water level logging options.  The total cost given does not include installation – that adds $200 and up.  Certification for the logger and the measurement device itself, by a professional, required for all but the smallest diversions, costs $300 and up if you have Rights To Water Engineering do the work.

  1. Vegetronix Aqua-Plumb Water Level Sensor connected with the Logger-8-USB  ($400 per diversion, less if diversions are very close to one another – with tax and shipping, about $500 per diversion)
  2. Onset Hobo U20L-04 Water Level Logger  ($600, less for multiple diversions; with tax, shipping, and data shuttle, about $1,050 for the one diversion, $1,400 for two….)
  3. Global Water WL-16  ($1,000; with with tax, shipping, and cable, about $1,450 per diversion)
  4. In-Situ Rugged Troll 200 Data Logger and Tube 300 Telemetry System ($1,200 – less for multiple diversions, plus $1,300 for each telemetered diversion.  With tax, shipping, and cable, about $1,600 per diversion, and with telemetry and add-ons, about $3,300 for one diversion)
  5. PMC Versaline VL4511 – WLS-31 ($1,370 per diversion; with the cable, tax, and shipping, about $1,800 per diversion)

This is a long post since it is hard to summarize something this technical so here is the bottom line:  my top recommendation is the last of five in this post – for most diverters.

SWRCB Measurement and Recording Requirements for 2017 (diverters exempted where Watermaster reports)
SWRCB Measurement and Recording Requirements for 2017 (diverters exempted where Watermaster reports)

For very small diversions, flows have to be recorded monthly or weekly.  That is easy to do as long as someone goes to the diversion at least once a week.

WaterLevelLogger_wl300_1
Photo credit: globalw.com

Shawn_Sticking_WeirFor medium-sized diversions, flows must be recorded daily.  This is possible, but
it doesn’t allow for the owner or employees to have time off, travel, and so on.  At this level of recording, an automatic recorder of some type is necessary.  Large diversions must be recorded hourly, and automatic recording is the only practical way to be sure flows are recorded.  That is the subject of today’s post: automatic recording of flows, or what is really done most of the time, recording water levels and using equations to calculate the flow.

About_1.4_cfs_over_weir_edited_smallWe will leave aside the discussion of propeller, acoustic Doppler, magnetic, and other in-line meters.  If you have a diversion that goes through a long length of straight pipe, one of these devices can be bolted in or strapped on.  This post is about open diversions into a ditch, where an instantaneous measurement device (weir, orifice, flume) already exists.  These open devices do not measure flow directly, they measure the water level.  An equation is used to convert levels to flows after data is downloaded.

There are hundreds of devices (ready to go) and components (connected parts) to measure water levels.  There are also hundreds of loggers that collect data.  Here, we will look at 5 water level sensors connected to data loggers, called water level loggers.

 

THE FIRST is a setup that rancher and retiraqua-plumbed aircraft engineer Frank Crowe has been working on.  Frank’s desire is to save him and his neighbors money, so he has been working with the Vegetronix Aqua-Plumb Water Level Sensor connected with the Logger-8-USB.  Together these are $340, which is
the least cost of anything that I have seen.   With this you will have all thelogger-8-usb
parts you need for moderately durable, reliable, and accurate water level logger.  Not only that, but 
the Logger-8-USB has 8 channels altogether, so a diverter could measure up to 8 water levels at once by adding 7 more sensors at $95 apiece.  Wiith tax and shipping, this costs about $500 per diversion)

Here is Frank’s latest setup with his comments:  “Finally was able to put together a prototype package for the vegetronix_frank_1_p1300077vegetronix_frank_2_p1300078Vegetronix sensor.  The box is a little bigger than needed, but seems to work.  I’m trying to get the data to download into something I can analyze, but it seems to work very stable.

The pipe is 3/4″ mounted to the box, with the sensor wire going down to about an inch from the bottom and then returns up over 12″, therefore doubling the sensitivity.  The end is held by some wire at the moment, but would probably work better with a stainless steel spring.  The top of the pipe is not sealed, but should be to keep the humidity out of the box.  Of course if the data logger were in a separate box, the seal would not be necessary.

To exercise the thing, it is stuck into a 3″ pipe with a water drip going in and a drain at the bottom.  The overflow hole is 13″ above the bottom.”

So, what is the trade-off?  If you are handy, somewhat experienced with electronic components, and willing to spend some hours, you can set this up yourself.  Frank can help a few of his neighbors, but he has his family and ranch requiring his time, too.  Otherwise, it is going to cost a couple hundred dollars or so for someone to set this up for you.  It needs to be checked, maintained, and adjusted more often than the integrated water level loggers, too, so the maintenance and downloading cost can be $50 to $100 per year if everything is working well.

 

SECOND, the Onset Hobo U20L-04 Water Level Logger is $300 before shipping and tax.  The DWR Groundwater folks I worked with for years, use these in groundwater wells.  They are easy to set up – program one and place it in a stilling well.  Take it out once or twice a year to dowonset_hobo_u20l-04-editednload the data.  The battery life is 5 years, maybe more.

Why aren’t these automatically the cheapest option?  They may be the cheapest if a diverter has 3 diversions or more, or several neighbors are using the same Hobo U20L-04.  However, they are not vented, meaning that as atmospheric pressure changes due to low pressure areas and storms, the device’s pressure reading will not be as accurate.  Therefore  Onset recommends having a second U20L-04 set up outside the water to measure the pressure change over time.  The second device can be some miles away, so one outside calibration device could be used for several in the water within a 300-square-mile area.

What I heard from colleagues is that these did not last for 10 years, and sometimes not for five years, although the device is being improved over time.  Durability and reliability of a device are important for uninterrupted data, and therefore compliance with the Water Board’s regulations.  The more often onset_u20l-xx_handhelda device has to be replaced, the more it costs over time.

In summary, the cost of Onset Hobo U20L-04 devices is $600. This cost may be reduced somewhat if the cost of a calibration device can be shared between several diverters, or several diversions.  With tax, shipping, and data shuttle, the delivered cost for all parts is about $1,050 for the one diversion, $1,400 for two….)

 

THE THIRD device discussed here is the Global Water WL-16.  This is an integrated, vented device, designed to program and set in a pipe.  Watermasters have used these for years at various diversions.global_water_wl16-edited

The WL-16 has a stainless steel casing and is fairly tough.  They should last a good 5 years.  The problem is at the sensor end – it is relatively easy to clog up in warm-water conditions, with algae and/or silt.  In cool flowing water, it might operate for the whole irrigation season.  In warmer or still water, it will have to be checked and sprayed clean every 1 to 3 months.  Watermasters have put the sensor ends in distilled water in baby-bottle bags, and rubber-banded the tops of the bags closed to keep the sensors clean for the entire irrigation season.

One other concern which I have not discussed with the manufacturer – the manual for the WL-16globalwater_wl16_in_field was updated in 2009 and refers to Windows XP, not the current Windows 10.  I am sure that a newer manual is sent out with the device when it is purchased.  Overall, with some care to check the sensor end and clean it as necessary, this is a great drop-it-in-and-turn-it-on option.  The cost for a WL-16 is $1,000; with with tax, shipping, and cable, about $1,450 per diversion.

 

THE FOURTH device, the In-Situ Troll, has the advantage of out-of-the-box options for telemetry.  The Groundwater folks at the Department of Water Resources have used these and a couple recommend these for the right application.  The In-Situ

in-situ_rugged_troll_200_loggerRugged Troll 200 Data Logger and Tube 300 Telemetry System.

The Troll 200 Data Logger can run independently without telemetry, or be attached to the Tube 300R Telemetry System.  The Troll 200 is non-vented, so like the Onset Hobo data loggers mentioned above, an extra unit is needed for air pressure to correct the water level (pressure) recorded by the unit in the water.

The total unit cost for 2 Troll 200s, a Tube 300R, and accessories, is about $2,900.  This is not cheap, but it is a lot less than a full-on gaging station with satellite radio, which costs $12,000 and up for components, and over $2,000 to install in easy locations.  Telemetry is expensive, there is no way of getting around that fact.  In summary, the cost for 2 Troll 200s is $1,200 to log a diversion – each additional, nearby diversion costs only another $600.  Telemetry addes $1,300 to the cost of parts for each telemetered diversion.  With tax, shipping, and cable, using Troll 200s costs about $1,600 per diversion, and with the Tube 300R telemetry and add-ons, the total parts cost is about $3,500 for one diversion)

The Tube 300R requires a separate phone number for each water in-situ_tube_300r_telemetrylevel logger, and cell service.  In-Situ offers the option of $35/month web hosting, on its HydroVu Cloud Data Services Plan.  This cost is in addition to the Tube 300R, cell phone service, and installation.

 

THE FIFTH and final water level logger discussed here is the PMC Versaline VL4511 – WLS-31 Water Level Datalogger.  This looks much like the WL-16, but instead of a silicon bladder at the end of sensor, it has a non-fouling ceramic sensor.  At $1,370 before tax and shipping, it has the highest purchase cost of the 4 listed in this post, but it is my recommendation for durability, reliability, and low maintenance.

The Versaline is made for wastewater; in other words, for sewer lines.  The datalogger end is vented and it is not supposed to be submerged, same as the Vegetronix components and the WL-16.  However, it is made to put inside manholes where it is very warm and humid.  The PMC guys have maintained the sensor end in rough environments with the equipment lasting 8 to 12 years.  If the sensor gets completely covered with algae (or something worse), it still works.  It can be cleaned off with a toothbrush if it seems so clogged it might prevent water from getting to the ceramic end.  The data logger and sensor are fairly new but are improvements on the older, long-lived versions.

The VL4511 – WLS-31 is three times the cost of the least-expensive option.  However, it might be the least expensive in the long run…it sure is the most worry-free of all the options listed here!  In summary, the VL4511 – WLS-31 costs about $1,370 per diversion; with the cable, tax, and shipping, about $1,800 per diversion.pmc_header-editedversaline-vl4511-and-wls-31-water-level-datalogger-specs-editedThere are many, many choices for logging water levels.  These are the ones I would install, either because I, my colleagues at DWR, or larger farms or ranches have used them; or because I have checked with other users.  One of these choices can serve you well!

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How Do Shared Ditch Users Comply With SB 88?

This is a summary of how water right holders who share a ditch comply with SB 88, and report correctly to the Water Board.  So, why I am I using the Measurement Method Form Instructions below?  Because, this has the best summary that I have seen, of how a shared ditch is measured and reported.  In short:

  • every water right holder on a ditch has to sign onto the same form;
  • each person’s split, land use, and irrigated acreage must be reported;
  • the ditch manager and each person is responsible to report leaving the agreement – presumably this covers every property sale, too.

Excerpts from the Instructions:

…Examples of Measurement Methods include:  Multiple water right holders on a single surface supply may propose a collaborative measurement approach.

“…Attach maps, aerial photographs, or other renderings showing the area covered by the Method and delineating the acreage of each place of use served. For the area covered by the Method, include a list of assessor’s parcel numbers and the current owner of each parcel. Attachments can be uploaded in Section H of the online form.

…A Measurement Method based on using a shared measuring device shall include the following information:

  • Description of the methodology used to apportion the volume of water delivered to each diverter covered by the Measurement Method.
  • Description of the field or flow condition at each diverter’s delivery point, including duration of or period of water delivery, annual water use patterns, irrigated acreage, crops planted, and on-farm irrigation system.
  • Description of the consumptive use of water for each individual diverter, if available….”

“…A Measurement Method based on using a shared measuring device shall be accompanied by a written agreement signed by each diverter covered by the Measurement Method.

“…Each participant in a Measurement Method plan must sign the form or an “opt-in” form which must be retained by the Measurement Method manager. (Attach an excel spreadsheet listing of participants, as needed). Each Measurement Method participant shall acknowledge that the method will substantially comply with the measurement and monitoring requirements.

“…Each Measurement Method participant is responsible for promptly informing the Division of Water Rights or the Delta Watermaster, as appropriate, if the participant withdraws from the Method. The Method manager is responsible for promptly informing the Division of Water Rights or the Delta Watermaster, as appropriate, if the Method is modified or abandoned….

 

 

 

 

How To Get Water Board Forms: ADD’L TIME, Meas. Method, Alter. Compliance

Many diverters have filled out the forms due April 1, 2017 – a few days from now.  For those who have not, how can you get to the Water Board Forms you need now?  See below.  Note: for any of the 3 forms, you can still update information after you click the SUBMIT button.

UPDATE:  Revised:  For any of the 3 forms listed below, save the text from each box where you make an entry, to Word or Notepad.  If you get an error message, keep hitting the Previous and Next buttons, and/or browser forward and back buttons until text is saved, or the box blanks out and then reenter the text you saved to Notepad.  Especially when attaching files, you may have to go forward and back 10 times, and reattach files, before they’ll “stick’.  Entering “too much” text in the form fields can lock up the web page, after you have already gone on to the next, and nothing will save.  The advice is to enter less text, then add more and resubmit, and more and resubmit….

  1. REQUEST FOR ADDITIONAL TIME – fill this out if you don’t have your device in, or you have not filled out the other 2 forms.  Put in lots of detail. 
  2. Measurement Method
  3. Alternative Compliance Plan

Start at the Water Right Form and Survey Submittal Portal:

 

Log in with the User ID and Password you used in past years, or from the last reminder letter that the Water Board sent to you:

 

This brings up the Water User Dashboard:

 

Fill out the report(s) you need, or have your qualified individual do it.  Done!  If you do not have your password, or even your login ID; go to the Electronic Water Rights Management System (eWRIMS) Report Management System (RMS) page and get the information you are missing:

Deadlines Are Here / How Can You Comply Fast?

This is a reminder, if your diversion is over 1,000 AF per year, then these deadlines apply:
January 1, 2017 – Installation of a certified flow measurement device, or devices.
April 1, 2017:
  1. REQUEST FOR ADDITIONAL TIME FORM, if your device was not installed by January 1, 2017.  Go to https://public.waterboards.ca.gov/WRInfo/Account/Login? and use the User ID and password that you have been using or that the Water Board gave you in a reminder letter.
  2. Measurement Method – diversions over 100 AF/year have to be certified by a qualified professional, although the deadlines for 100 to 1,000 AF  diversions are July 1/October 1.  You can build it but it has to be certified.
  3. Alternative Compliance Plan – if your device does not comply, or standard devices will not work, but you have a reasonable measurement plan, fill this out.  It will be posted online by the Water Board, and they do not approve or evaluate it.  If nobody (state or federal agency, group, or individual) complains to the Water Board, you’re done.  If the Water Board says it’s not good enough, you may have as few as 30 days to put in a compliant measurement device to avoid fines.
  4. Supplemental Statements Of Diversion And Use for Water Rights Under Applications, Permits, and Licenses.

What Device Can You Put In Quickly, if Your Diversion Is Over 1,000 AF/Year?

          A temporary weir can be put in fast – as little as half a day.  You should be able to say it’ll last a couple of years.  It needs to be sealed up with plastic and/or dirt so it does not leak through or around.
          Whatever you do, it has to be certified…but by whom?  According to http://www.waterboards.ca.gov/waterrights/water_issues/programs/diversion_use/docs/meas_method_instruct.pdf, it can be:  “… A) A California-registered Professional Engineer; or B) A California-licensed contractor authorized by the State License Board for C-57 well drilling or C-61 Limited Specialty/D-21 Machinery and Pumps; or C) A person under the supervision of a California-registered Professional Engineer and employed to install, operate, and maintain water measurement and reporting devices or methods; or D) In the case of a right or a claimed right to divert by an agency of the federal government, a hydrologist or professional engineer experienced and trained in water measurement who is employed by the federal agency in that capacity….”
          The ideal weir, whether suppressed or contracted, needs 2′ available depth upstream and downstream of the weir boards.  That’s enough for an (ideally) 1.5′ high weir, plus 0.45′ static head on top of the weir boards.  The water downstream needs to be at least 0.25′, or 3″ below the top of the weir boards to have a good nappe (air gap between the boards and falling water).
          The 0.45′ static head gives 1 cfs per foot of length of weir.  You can go higher with the special Kindsvater-Carter equations – you’ll use those to develop a rating curve.  You can drop the weir boards down a little, but not so much you drown out (submerge) the weir.  So, ideal parameters can be stretched some if you take great care to use the correct calculations.

         When it comes right down to it, 2 braced T-posts, or 2 lengths of galvanized pipe, with boards and plastic could be certified as compliant for a year. 

     Temporary Weir In Ditch

 I have done that in a pinch when I was a bureaucrat Watermaster.  The important things are the heights and depths.

          One more possibility – use an orifice in your weir box, but you would have to have 2 data collectors per measurement device.  An orifice can have as little as 0.2′, or 2.4 inches of head difference between upstream and downstream; more head is better for accuracy.  If the ditch is really flat, use a weir setup that has exposed weir boards down to the sill of the device, so you can cut a hole in a lower board for your orifice.

Paul Wells, Water Board Main Contact, Has New Job / Diversion Forms Deadlines Delayed

Well, rats, the main contact for (non-Delta) Water Board Enforcement issues, Paul Wells, found a better job at my old agency, DWR.  Hopefully someone will be, or already is, appointed in his place to help Kathy Mrowka.  I missed his auto-reply because it went into the wrong email folder – here it is:

“Wells, Paul@Waterboards Paul.Wells@waterboards.ca.gov via cawaterboards.onmicrosoft.com
Jan 19, 2017

Greetings,

My last day at the Division of Water Rights was January 6, 2017.

If you need assistance regarding the measurement and monitoring requirements, please contact Kathy Mrowka at kathy.mrowka@waterboards.ca.gov.

If you need assisance with any other issue related to the Division of Water Rights, please call 916-341-5300

If you would like to contact me, my new email address at the Department of Water Resources is Paul.Wells@water.ca.gov.

Sincerely,

Paul Wells”

************************************************************************

The Water Board made a slight update to report filing deadlines on February 6.  For the biggest diversions, over 1,000 acre-feet per year, deadlines for forms:

  • Request for Additional Time
  • Measurement Method
  • Alternative Compliance Plan

are pushed back to April 1 for Permits and Licenses, July 1 for Statements.  The device installation deadline is still January 30, BUT, since the Request for Additional Time deadline is later, then the effective device installation deadline must be AFTER April 1.  I don’t know whether pressure from ranchers and farmers made the difference (seems likely), or if the Water Board is just inundated with too much information.

Feb. 6, 2017 Water Board Update on Filing Deadlines

1,000 AF + Diversion Measurement Device Install Deadline Passed…Req. For Addl. Time Due 30 Days After Available Online

If you divert over 1,000 acre-feet a year, or over about 4 cfs during the irrigation season, your measurement device deadline at the Water Board was January 1.  However, you can file a Request For Additional Time until 30 DAYS AFTER THE FORM IS AVAILABLE ONLINE.  It is January 18 today, so the filing deadline has to be later than February 17, 2017.  This is a welcome UPDATE from 10 days ago, when the Deadline was January 30.

I am often nervous about just mailing a letter or filling out a form online; the letter could fall off a table and the web-based form does not always work.  You can always send an email to record your intent to make the request.  This also helps in case you are unable to (or forget, with 99 other things on your to-do list) fill it out by the deadline.  You will have a record that you are making the request and intend to fill out the form.  Who should you email?  See the post Update – Who To Call At The Board? for names, phone numbers, and email addresses.

See the second table below for the original deadline table, including approximate equivalent water rights.  Let me know if you need help!

http://www.waterboards.ca.gov/waterrights/water_issues/programs/diversion_use/water_use.shtml
SWRCB Water Rights: Water Use Reports and Measurement webpage, January 18, 2017
SWRCB Measurement and Recording Requirements for 2017 (diverters exempted where Watermaster reports)
SWRCB Measurement and Recording Requirements for 2017 (diverters exempted where Watermaster reports)

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How Do You Record Diversions? Water Level Loggers, Value Vs. All Component Costs – Update

My friend Steve Beall in the far north of the state brought something to my attention, regarding my comparison of four water level loggers (five with the In-Situ Troll 200 added).  I listed only the component costs, and not the data cable, data shuttle (Hobo), software, PVC/galvanaized pipe, or installation.  Good point, and thanks for suggesting that I address all costs, Steve.  The five loggers detailed farther on down in the post are, with component costs only, data transfer, installation, and certification not included:

  1. Vegetronix Aqua-Plumb Water Level Sensor connected with the Logger-8-USB  ($400 per diversion, less if diversions are very close to one another – with tax and shipping, about $500 per diversion)
  2. Onset Hobo U20L-04 Water Level Logger  ($600, less for multiple diversions; with tax and shipping about $700)
  3. Global Water WL-16  ($1,000 per diversion, about $1,100 with tax and shipping)
  4. In-Situ Rugged Troll 200 Data Logger and Tube 300 Telemetry System ($1,200 – less for multiple diversions, plus $1,300 for each telemetered diversion…about $2,500 for one diversion; with tax and shipping about $2,800 per diversion)
  5. PMC Versaline VL4511 – WLS-31 ($1,370 per diversion, about $1,500 with tax and shipping)

The additional components you will need if you want to download and process your own data are:  a customized data cable (or shuttle for the Hobo), and software.  These add $250 to $350.  You also need a laptop, except for the Hobo, unless you temporarily remove the other loggers to download them on your desktop at the house.  Shipping and taxes will add $70 to $350, depending on which equipment and the location where it ships from.  Electronic tools and equipment, and various testers are useful, sometimes necessary, to chase down problems.  Extra connectors and wire might be needed – keep at least a simple kit.  Installation can cost $200 and up, depending on the difficulty, need for vandalism protection, access, and so on.  Certification by a professional, required for all but the smallest diversions, costs $300 to $500 if you have Rights To Water Engineering do the work.

*****  ORIGINAL POST, with a couple of edits:

Recording is the other half of measuring diversions from streams, under California’s new water diversion measurement and reporting regulations.  Diverters are required by law to measure flows at frequencies based on the volume of water diverted in a year.  The flow has to be measured and recorded.  Of course most diverters don’t care about the data – it costs money and it doesn’t add income…unless a farm or ranch is upgrading for efficiency or to increase acreage  What you and I want in all of our purchases is the best value for the money.

This is a long post since it is hard to summarize something this technical so here is the bottom line:  my top recommendation is the last of five in this post – for most diverters.

SWRCB Measurement and Recording Requirements for 2017 (diverters exempted where Watermaster reports)
SWRCB Measurement and Recording Requirements for 2017 (diverters exempted where Watermaster reports)

For very small diversions, flows have to be recorded monthly or weekly.  That is easy to do as long as someone goes to the diversion at least once a week.

WaterLevelLogger_wl300_1
Photo credit: globalw.com

Shawn_Sticking_WeirFor medium-sized diversions, flows must be recorded daily.  This is possible, but
it doesn’t allow for the owner or employees to have time off, travel, and so on.  At this level of recording, an automatic recorder of some type is necessary.  Large diversions must be recorded hourly, and automatic recording is the only practical way to be sure flows are recorded.  That is the subject of today’s post: automatic recording of flows, or what is really done most of the time, recording water levels and using equations to calculate the flow.

About_1.4_cfs_over_weir_edited_smallWe will leave aside the discussion of propeller, acoustic Doppler, magnetic, and other in-line meters.  If you have a diversion that goes through a long length of straight pipe, one of these devices can be bolted in or strapped on.  This post is about open diversions into a ditch, where an instantaneous measurement device (weir, orifice, flume) already exists.  These open devices do not measure flow directly, they measure the water level.  An equation is used to convert levels to flows after data is downloaded.

There are hundreds of devices (ready to go) and components (connected parts) to measure water levels.  There are also hundreds of loggers that collect data.  Here, we will look at 5 water level sensors connected to data loggers, called water level loggers.

 

THE FIRST is a setup that rancher and retiraqua-plumbed aircraft engineer Frank Crowe has been working on.  Frank’s desire is to save him and his neighbors money, so he has been working with the Vegetronix Aqua-Plumb Water Level Sensor connected with the Logger-8-USB.  Together these are $340, which is
the least cost of anything that I have seen.  Add shipping, tax, logger-8-usb
and $60 in other parts and batteries, and for $450 you’ll have the parts you n
eed for moderately durable, reliable, and accurate water level logger.  Not only that, but 
the Logger-8-USB has 8 channels altogether, so a diverter could measure up to 8 water levels at once by adding 7 more sensors at $95 apiece, not including tax and shipping.

Here is Frank’s latest setup with his comments:  “Finally was able to put together a prototype package for the vegetronix_frank_1_p1300077vegetronix_frank_2_p1300078Vegetronix sensor.  The box is a little bigger than needed, but seems to work.  I’m trying to get the data to download into something I can analyze, but it seems to work very stable.

The pipe is 3/4″ mounted to the box, with the sensor wire going down to about an inch from the bottom and then returns up over 12″, therefore doubling the sensitivity.  The end is held by some wire at the moment, but would probably work better with a stainless steel spring.  The top of the pipe is not sealed, but should be to keep the humidity out of the box.  Of course if the data logger were in a separate box, the seal would not be necessary.

To exercise the thing, it is stuck into a 3″ pipe with a water drip going in and a drain at the bottom.  The overflow hole is 13″ above the bottom.”

So, what is the trade-off?  If you are handy, somewhat experienced with electronic components, and willing to spend some hours, you can set this up yourself.  Frank can help a few of his neighbors, but he has his family and ranch requiring his time, too.  Otherwise, it is going to cost a couple hundred dollars or so for someone to set this up for you.  It needs to be checked, maintained, and adjusted more often than the integrated water level loggers, too, so the maintenance and downloading cost can be $50 to $100 per year if everything is working well.

 

SECOND, the Onset Hobo U20L-04 Water Level Logger is $300 before shipping and tax.  The DWR Groundwater folks I worked with for years, use these in groundwater wells.  They are easy to set up – program one and place it in a stilling well.  Take it out once or twice a year to dowonset_hobo_u20l-04-editednload the data.  The battery life is 5 years, maybe more.

Why aren’t these automatically the cheapest option?  They may be the cheapest if a diverter has 3 diversions or more, or several neighbors are using the same Hobo U20L-04.  However, they are not vented, meaning that as atmospheric pressure changes due to low pressure areas and storms, the device’s pressure reading will not be as accurate.  Therefore  Onset recommends having a second U20L-04 set up outside the water to measure the pressure change over time.  The second device can be some miles away, so one outside calibration device could be used for several in the water within a 300-square-mile area.

What I heard from colleagues is that these did not last for 10 years, and sometimes not for five years, although the device is being improved over time.  Durability and reliability of a device are important for uninterrupted data, and therefore compliance with the Water Board’s regulations.  The more often onset_u20l-xx_handhelda device has to be replaced, the more it costs over time.

In summary, the cost of Onset Hobo U20L-04 devices is $600 plus tax and shipping.  This cost may be reduced somewhat if the cost of a calibration device can be shared between several diverters, or several diversions.

 

THE THIRD device discussed here is the Global Water WL-16.  This is an integrated, vented device, designed to program and set in a pipe.  Watermasters have used these for years at various diversions.  They cost about $1,000, before tax and shipping.global_water_wl16-edited

The WL-16 has a stainless steel casing and is fairly tough.  They should last a good 5 years.  The problem is at the sensor end – it is relatively easy to clog up in warm-water conditions, with algae and/or silt.  In cool flowing water, it might operate for the whole irrigation season.  In warmer or still water, it will have to be checked and sprayed clean every 1 to 3 months.  Watermasters have put the sensor ends in distilled water in baby-bottle bags, and rubber-banded the tops of the bags closed to keep the sensors clean for the entire irrigation season.

One other concern which I have not discussed with the manufacturer – the manual for the WL-16globalwater_wl16_in_field was updated in 2009 and refers to Windows XP, not the current Windows 10.  I am sure that a newer manual is sent out with the device when it is purchased.  Overall, with some care to check the sensor end and clean it as necessary, this is a great drop-it-in-and-turn-it-on option.

 

THE FOURTH device, the In-Situ Troll, has the advantage of out-of-the-box options for telemetry.  The Groundwater folks at the Department of Water Resources have used these and a couple recommend these for the right application.  The In-Situ

in-situ_rugged_troll_200_loggerRugged Troll 200 Data Logger and Tube 300 Telemetry System.

The Troll 200 Data Logger ($595) can run independently without telemetry, or be attached to the Tube 300R Telemetry System ($1,320).  The Troll 200 is non-vented, so like the Onset Hobo data loggers mentioned above, an extra unit is needed for air pressure to correct the water level (pressure) recorded by the unit in the water.  The cable and software for the Troll 200 are about $375.

The total unit cost for 2 Troll 200s, a Tube 300R, and accessories, is about $2,900.  Tax, shipping, and installation will add $600 and up, depending on location, elevation, and the length of the dirt road going in; and difficulty at the site and vandalism potential will add costs, too.  $3,500 + for telemetered water level logging is not cheap, but it is a lot less than a full-on gaging station with satellite radio, which costs $12,000 and up for components, and over $2,000 to install in easy locations.  Telemetry is expensive, there is no way of getting around that fact.

The Tube 300R requires a separate phone number for each water in-situ_tube_300r_telemetrylevel logger, and cell service.  In-Situ offers the option of $35/month web hosting, on its HydroVu Cloud Data Services Plan.  This cost is in addition to the Tube 300R, cell phone service, and installation.

 

THE FIFTH and final water level logger discussed here is the PMC Versaline VL2111 – WLS-31 Water Level Datalogger  (replaced by the same-priced, updated model:  PMC Versaline VL4511 – WLS-31).  This looks much like the WL-16, but instead of a silicon bladder at the end of sensor, it has a non-fouling ceramic sensor.  At $1,370 before tax and shipping, it has the highest purchase cost of the 4 listed in this post, but it is my recommendation for durability, reliability, and low maintenance.

pmc_vl2111-with-wls-31-datalogger

The Versaline is made for wastewater; in other words, for sewer lines.  The datalogger end is vented and it is not supposed to be submerged, same as the Vegetronix components and the WL-16.  However, it is made to put inside manholes where it is very warm and humid.  The PMC guys have maintained the sensor end in rough environments with the equipment lasting 8 to 12 years.  If the sensor gets completely covered with algae (or something worse), it still works.  It can be cleaned off with a toothbrush if it seems so clogged it might prevent water from getting to the ceramic end.  The data logger and sensor are fairly new but are improvements on the older, long-lived versions.

The VL2111 – WLS-31 is three times the cost of the least-expensive option.  However, it might be the least expensive in the long run…it sure is the most worry-free of all the options listed here!

*****  From the update post, Update – Recommended Water Level Logger: PMC Versaline VL4511 – WLS-31

The PMC guys had to make a change in the sensor, so now the recommended setup is the PMC Versaline VL4511 – WLS-31 Water Level Datalogger.  It will cost the same and be as durable.  Regarding the reason for the change, pmc_header-editedversaline-vl4511-and-wls-31-water-level-datalogger-specs-editedBob Foster at PMC wrote: “This system will come with our VL4511 level sensor and not the VL2000 that we initially spoke to you about.

The reason for the change is the VL2000 required slightly more power than what is available through the datalogger battery, so we decided to provide an upgraded sensor model, which uses much less power.

This upgraded sensor, our VL4511 also has the advantage of using:

  1. An all-welded Titanium housing, which has a 5-year corrosion warranty
  2. Significantly smaller diameter

Additionally, it still has anti-clog features near the sensing element to ensure reliability.”

 

There are many, many choices for logging water levels.  These are the ones I would install, either because I, my colleagues at DWR, or larger farms or ranches have used them; or because I have checked with other users.  One of these choices can serve you well!

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Water Board Fines 458 Non-Filers For 2015 With ACLs Of $250 to $3,500

The State Water Resources Control Board issued fines (Administrative Civil Liabilities) to 458 people/companies/organizations on November 28.  There were actually 544 fines; some people or companies had several.  Each fine was $75,000 – seventy five thousand dollars – ouch!  This was just for not filing reports of water use for 2015, not for doing something wrong with water.  “Fortunately”, the Water Board offered each recipient of a letter a “settlement”; the numbers I saw were between $250 and $3,500 per letter.

WATER BOARD 2015 NON-FILERS ACL COMPLAINT ACTIONS 11-28-2016

“……….

YOU ARE HEREBY GIVEN NOTICE THAT:

1. [NAME] (referred to herein as Licensee) is alleged to have violated Title 23, Chapter 2.7, Article 2, section 929 of the California Code of Regulations. Section 929 requires annual use reports to be filed by July 1st of the succeeding year for every water right License.

……….”

For those whose water right is less than 20 acre-feet, they got letters threatening fines, but not actual assessments.  The Board wants these folks to file asap, not pay fines unless someone ignores a series of letters.  One client of mine was not getting any mail, since the mail delivery person was putting mail in all the wrong boxes.  Once the problem got solved, my client’s first contact was a letter threatening a fine larger than $75,000!  Those reports are now filed and there won’t be a fine.

Back in September, I took a weekend going through the Board’s list of 3,200 non-filers and notified everyone I could reach electronically – email, web pages, even a few FaceBook messages.  Almost none of these folks are still on the current list.  I wish I could have reached every name on the list, but I don’t have the resources of a government agency to find everyone.

“……….

2. Water Code section 1846, subdivision (a)(2), provides that the State Water Board may administratively impose civil liability to any person or entity who violates a regulation or order adopted by the State Water Board not to exceed $500 for each day in which the violation occurs. Water Code section 1846, subdivision (c) provides that civil liability may be imposed administratively by the State Water Board pursuant to Water Code section 1055.

3. Water Code section 1055, subdivision (a), provides that the Executive Director for the State Water Board may issue a complaint to any person or entity to whom administrative civil liability (ACL) may be imposed.

……….

PROPOSED CIVIL LIABILITY

8. California Water Code section 1846(a)(2) provides that the State Water Board may administratively impose civil liability to any person or entity who violates a regulation or order adopted by the State Water Board in an amount not to exceed $500 for each day in which the violation occurs.

9. As of November 28, 2016, Licensee has been in violation for 150 days. Based on the days of violation described in the previous paragraph, the maximum liability for the violations alleged is $75,000 (150 days at $500/day).

……….

CONDITIONAL SETTLEMENT OFFER

12. To promote resolution of the alleged annual use filing violations and administrative efficiency, the Division makes the following conditional settlement offer (Conditional Offer). Licensee can avoid further enforcement action and settle the alleged failure to file annual use violation by agreeing to comply with the terms of the Conditional Offer, provided below, as well as in the Acceptance of Conditional Settlement Offer and Waiver of Right to Hearing or Reconsideration (Acceptance and Waiver) enclosed hereto as Exhibit “A.”

13. This Conditional Offer requires Licensee to pay an Expedited Payment Amount of $1,500, file the Annual Use Report within 20 days of receipt of this complaint, and waive the right to a hearing and reconsideration of the alleged violations. This Expedited Payment Amount is based on Licensee’s failure to comply to date, maximum amount of allowed diversion under the License along with staff costs incurred in preparing the ACL complaint.

……….”

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