Diverters must report weekly, daily, or HOURLY starting 2017!

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So on Tuesday, January 20, “The State Water Resources Control Board (State Water Board) adopted regulations Tuesday evening requiring all surface water right holders and claimants to report their diversions. Those who divert more than 10 acre-feet of water per year must also measure their diversions.”  Click the logo above to see the 2-page document on the Board’s website.

Well, how bad can it be?  Before January 20, most diverters had to report monthly diversions, so 12 volumes per year, plus the annual total.  That’s 13 numbers.  The required frequency a year from now will be increased quite a bit, to weekly, or daily, or hourly:

For instance, large diverters with a claimed right to take 1,000 acre feet of water or more per year are required to have a measuring device or measuring method capable of recording at least hourly in place by Jan. 1, 2017; those with claimed rights to divert 100 acre feet or more must comply by July 1, 2017 and record at least daily; and those with claimed rights to divert more than 10 acre feet must comply by Jan. 1, 2018 and record at least weekly.

How can flows even be reported hourly?  See the end of this post.  What if someone decides to skip reporting, and let the Board catch up with them later?  The FINES can be large enough to hurt – we’ll discuss this in a later post.

At the minimum reporting requirement of weekly, the volume is 10 acre feet (AF) to 100 AF.  What is 10 AF in terms of a seasonal agricultural diversion?  All the flows shown below are year-round; if the diversion only runs seasonally, the actual water right might be 2 to 10 times the calculated amount, depending on how long the season is and when the stream dries up.

10 AF  =  0.014 cubic feet per second (cfs) year-round, or 6.2 gallons per minute (gpm).  That’s a domestic right, enough for a family house, garden, and perhaps 15 trees or a yard.

100 AF = 0.140 cfs, or 62 gpm year-round.  Depending on soil, this is enough for 3 to 15 acres of pasture or hay, maybe 15 cows or steers, or maybe 30 acres of a mature walnut orchard with micro-sprinklers.  This is enough for a little extra money, still not enough to support a family.About_1.4_cfs_over_weir_edited_2_small

1,000 AF = 1.40 cfs or 620 gpm year-round.  This is enough for 30 to 150 acres of pasture or hay, or maybe 300 acres of orchard.  Water in this quantity could support a family and would be considered a ranch or farm.  The 4′ weir above has about 1.4 cfs going over it.  As mentioned above, if this diversion only runs 6 months of the year, and really only gets the full flow for 3 months, then the actual continuous water right might be 5 cfs.  It might be easier to reverse the thinking: a 5 cfs right might run at 5 cfs for 3 months,  3 cfs for a month, 2 cfs for 2 months, and be off the rest of the year.  That’s closer to a 2 cfs right year-round, or about 1,400 AF per year.

How is flow measured HOURLY?  The only practical ways to do this used to be an old mechanical recorder, like a Stevens F Recorder (pen on paper on rotating drum) you can still see on some creeks.

More likely today, it will require a battery-powered pressure transducer set inside a 2″ pipe bolted on the side of the weir, or headwall, or other permanent structure.  These cost from $400 to $1,200 or more, depending on the brand and more importantly, quality.  The higher the quality, the less they have to be checked, and have dirt removed from the bottom sensor.  The maintenance can be significant – in warm water with algae, the sensor might have to be cleaned once a week.  If it’s not maintained…well, then at some point it stops recording that data that the Board requires.

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Here’s one that would do the job, from http://www.globalw.com/ products/levelsensor.html.  It sits there and records water levels night and day, for months at a time before it has to be downloaded to a computer.  The data file that is downloaded is what is actually sent to the Board – a spreadsheet of flows for 6 months would be half an inch think and unusable!

That’s enough for now, a good night to you all.

Worried about SB 88? That’s what this blog is for! Get a device in, send a photo to the Board, record and report your diversions

Worried about SB 88?  That’s what this blog is for!  Read here to select a flow measurement device, install it, send a photo to the Board, record your flows, and report them as required.  You will find most or all of the information you need in here.  If you need help, Rights To Water Engineering can help you meet the law quickly and at a relatively low cost.  (530) 526-0134

California Senate Bill 88 is effective as of January 1, 2016, 11 days ago as of this posting.  Here is the part that affects private or small agricultural diverters the most:

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California Water Right Holders Now Required To Have Measuring Devices

Water laws are changing at lightning speed because California is in a historic drought. Groundwater law was passed requiring local agencies to be formed to manage groundwater. In 2012, I thought that would take 20 years to happen. The drought accelerated it to 2 years.

Surface water laws were passed in 2009, greatly increasing penalties for not reporting diversions, for misreporting, for overdiverting – in short, for evading, lying, and stealing. Suddenly tens of thousands of diverters who had been ignoring the State Water Resources Control Board started to worry. How do I report, am I in hot water if the Board sends me a letter, how do I figure out what my water right is?

The California Water Code Section 5100-5107 has the new, more restrictive part of the Water Code.

For example CWC 5103 (e) (B) says:

” (i) On and after July 1, 2016, the measurement of a diversion of 10 acre-feet or more per year shall comply with regulations adopted by the board pursuant to Article 3 (commencing with Section 1840) of Chapter 12 of Part 2. “

That doesn’t sound too bad. But what does CWC 1840 say?

” 1840 (a) (1) Except as provided in subdivision (b), a person who, on or after January 1, 2016, diverts 10 acre-feet of water per year or more under a permit or license shall install and maintain a device or employ a method capable of measuring the rate of direct diversion, rate of collection to storage, and rate of withdrawal or release from storage. The measurements shall be made using the best available technologies and best professional practices, as defined in Section 5100, using a device or methods satisfactory to the board, as follows:
(A) A device shall be capable of continuous monitoring of the rate and quantity of water diverted and shall be properly maintained. The permittee or licensee shall provide the board with evidence that the device has been installed with the first report submitted after installation of the device. The permittee or licensee shall provide the board with evidence demonstrating that the device is functioning properly as part of the reports submitted at five-year intervals after the report documenting installation of the device, or upon request of the board.
(B) In developing regulations pursuant to Section 1841, the board shall consider devices and methods that provide accurate measurement of the total amount diverted and the rate of diversion. The board shall consider devices and methods that provide accurate measurements within an acceptable range of error, including the following:
(i) Electricity records dedicated to a pump and recent pump test.
(ii) Staff gage calibrated with an acceptable streamflow rating curve.
(iii) Staff gage calibrated for a flume or weir.
(iv) Staff gage calibrated with an acceptable storage capacity curve.
(v) Pressure transducer and acceptable storage capacity curve.
(2) The permittee or licensee shall maintain a record of all diversion monitoring that includes the date, time, and diversion rate at time intervals of one hour or less, and the total amount of water diverted. These records shall be included with reports submitted under the permit or license, as required under subdivision (c), or upon request of the board.
(b) (1) The board may modify the requirements of subdivision (a) upon finding either of the following:
(A) That strict compliance is infeasible, is unreasonably expensive, would unreasonably affect public trust uses, or would result in the waste or unreasonable use of water.
(B) That the need for monitoring and reporting is adequately addressed by other conditions of the permit or license.
(2) The board may increase the 10-acre-foot reporting threshold of subdivision (a) in a watershed or subwatershed, after considering the diversion reporting threshold in relation to quantity of water within the watershed or subwatershed. The board may increase the 10-acre-foot reporting threshold to 25 acre-feet or above if it finds that the benefits of the additional information within the watershed or subwatershed are substantially outweighed by the cost of installing measuring devices or employing methods for measurement for diversions at the 10-acre-foot threshold.
(c) At least annually, a person who diverts water under a registration, permit, or license shall report to the board the following information:
(1) The quantity of water diverted by month.
(2) The maximum rate of diversion by months in the preceding calendar year.
(3) The information required by subdivision (a), if applicable.
(4) The amount of water used, if any, for cannabis cultivation.
(d) Compliance with the applicable requirements of this section is a condition of every registration, permit, or license.
(Amended by Stats. 2016, Ch. 32, Sec. 98. Effective June 27, 2016.) “

Now THAT has a punch. There are exceptions in following paragraphs, but the Board now wants “continuous monitoring”, meaning one of the older, mechanical Stevens Recorders and the like, or newer, electronic pressure transducers. Now we are talking $500 and up just for recording data, in addition to a measurement weir, flume, or orifice.

And the diverter has to provide “evidence”. How is that done? Is a photo good enough? A video? A drawing? A statement by the local ditch tender, the Resource Conservation District, a technician, or an engineer?

Of course, the Board has higher priorities with larger diversions, and streams with anadromous (chinook and steelhead) fisheries. Still, it is an open question about when the Board will get to your or my diversion.

Complaints from neighbors with a grudge tend to elevate problems that the Board considers. But, water is nothing to argue over, is it? Or have grudges?

More on this later. Good night to all.

All Water Rights, California

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