How to Divide Up a Decreed Water Right – Part 1

This post is an old version and has been updated here: https://wordpress.com/post/allwaterrights.com/4949

Back in 2005, Arnold and Eileen Williamson bought property near South Cow Creek in Shasta County.  They live in San Bernardino and plan to retire early, and build a new house on their land.  The parcel is part of an old ranch just off Highway 44.

The Williamsons paid $220,000 for the 3.55 acre lot.  That seemed high compared to similar parcels in the area, but they were assured the land has adjudicated water rights from South Cow Creek.

Arnold and Eileen brought their travel trailer to live on the land while they are building a new house.  Their savings account is in good shape so they are going to build a nice 2,200 square foot, single story ranch house with a garage and a shop.  They talked to a well driller 10 years ago and he assured them it would be easy to put in a well, for a cost of around $18,000.Williamson_Overview

When Arnold and Eileen went to get a permit to drill a well, they ran into unexpected problems.  Parcels on either side have their septic systems close to the common property lines, so their possible well locations are few.  Maybe a bigger issue is the passage of the Sustainable Groundwater Management Act in 2014.  Will their pumping rate be limited, and will their well-drilling permit application get held up?

Now the Williamsons are checking into their surface water right.  Is it enough for some pasture for horses and a few cows, in addition to the house and garden?  The Turings who live on the east side say there are no water rights.  The Poulans, to the west, say they have lived here for 6 years and they have never had water – they think the water right was bought off the place, or lost because of non-use.Williamsons_and_neighborsNow the Williamsons are upset and headed toward just plain mad.  The real estate agent said they had rights, and didn’t the title companies insure it??  After a few frantic calls, they found out that title companies don’t insure water rights.  But, their realtor gave them the number of some folks over on the north side of the highway, and they have a “decree map”.  Arnold and Eileen head over to the Winters’ place to look over the maps.  Brad and Jenny Winters even have the Internet address where the decree can be downloaded:  http://www.waterboards.ca.gov/waterrights/board_decisions/adopted_orders/judgments/docs/cowcreek_jd.pdfSCow_Sheet_5_screenshot

It turns out that the Cow Creek adjudication does not have maps, but an engineering report done a few years before the decree was issued does have the maps.  Brad and Jenny have that report, too, so they have Sheets 1 through 5 showing the “Diversions And Irrigated Lands” on Cow Creek.  Sheet 5 covers the area including the Winters and Williamson places.  Sheet 5 has a lot of “irrigated lands”Leggett_Focus_Area according to the legend – the green areas.

By looking at the maps, and their Assessor Parcel Map they have in their escrow package, it sure looks like their property is completely within the green area.  Great!  Now, how do they figure out if they actually have a water right?
AP_Map_59-98_croppedAfter asking around, Arnold and Eileen figure out they will need to see an attorney.  They call around and find out there are a couple of engineering companies that can see them faster, and they might cost less.  An appointment with Rights To Water EngineeringEx_2_Williamson_Parcel_Outline_on_DecreeMap_reduced   the next morning is their next step.  Within a couple of days, they have a nice report in their hands and answers to their questions.  So what did they find out?  That is an answer for the next post.

For now, good night to all….

 

Life Of Reilly: If You Can’t Measure It, You Can’t Manage It!

A friend of mine, Chris Reilly, summarizes everything you need to know about measuring flows into your surface water diversion:  “If you can’t measure it, you can’t manage it!”  Except for riparian rights and some very small water rights, diverted flows have to be measured.  Why?

Full_DitchFlooded_Field

Dry_DitchLegally, to ensure your neighbors, the Board, and/or a Superior Court Judge that you are diverting no more than your water right.  Practically, how do you know if you are getting as much water as you should?  As surface flows decrease through the summer, every bit less means some pasture, hay, orchards, row crops, or something else does not get irrigated.

If you have nWMM_Cover_smallever measured flow into a ditch before, well, here goes, I am going to leak the secrets right here, I’m going to violate the Unspeakable Code Of The Water Measuring Brotherhood, the ve
ry deepest, most powerful wisdom of how to measure your flow will appear on this very page.  After this, who knows if you will ever hear from me again, once this classified information is made public?  Well, not really, but few people have heard of the Bible Of Water Measurement, the USBR Water Measurement Manual (WMM)

Let’s look at 3 common measurement devices detailed in the manual:  weirs, orifices, and flumes.  Properly installed and maintained, these devices can measure flow within plus or minus 5% of the actual amount.  The photos below are from the WMM, which has lots of diagrams that make it easy to see the details of how each device works.  First, the weir:

WMM_weir

You have seen these before, they’re just a level plate or board of a specific width, with a relatively still pool behind them.  That’s it!  By measuring the height of the pool above the edge of the plate or board, you can use tables or equations from the WMM to determine what the flow is.

WMM_orifice

Above is shown an orifice.  Not much to see, is there?  In this case, it is just a hole, lower than the upstream flow.  That is physically all an orifice is.  Knowing the size of the hole, and how high the water is over the center of the hole, and how high the water is down the ditch, a table or equation can be used to figure out the flow.  The gentleman above is using a square gate with a certain width.  The area changes with how high the bottom of the gate is, not hard to figure out.

WMM_Flume_01

The photo above shows a Parshall Flume.  These are great for measuring high flows without needing a lot of “head” or the drop in the water from upstream to downstream.  By knowing the depth at a certain point, a table or equation can give the flow amount.

We’ll go into how to use tables for specific measurement devices in later posts.  It’s enough for now to know that if you have a decent measurement device, then you CAN manage your flow, as well as proving that you are taking no more than your legal water right.

Quick Change of Subjects: What’s a Water Right Permit Cost?

What does it cost to get a surface water right?  If your land is not riparian to the stream where the water is, or maybe one parcel is but your other 5 parcels are not, then you’ll need to file for a (Post-1914) appropriative right with the State Water Resources Control Board.

AlmondOrchard

Let’s say you want to irrigate 50 acres of new almond orchard in the Sacramento Valley.  How much water do you need for micros-sprinkler irrigation?  Let’s use the value for a 5-year-old orchard, about 3.33 acre-feet (AF) per year for irrigation and frost protection.  That number comes from the U.C. Davis Report Sample Costs To Establish An Orchard And Produce Almonds Sacramento Valley – 2012, at http://aic.ucdavis.edu/almonds/cost%20studies/AlmondSprinkleSV2012.pdf ,

The total annual volume of water for 50 acres is 3.33 * 50 = about 167 AF/year.  That equates to a constant flow of 0.03 cfs.  But, you probably irrigate one day per week, so 7 times the average rate = 0.21 cfs. So, in your permit application, you would need to apply for 167 AF/year, diverted at a maximum rate of 0.21 cfs.

To get the rate for filing for a permit with the Board, we need to check the fee schedule:   http://www.waterboards.ca.gov/waterrights/water_issues/programs/fees/docs/fy15_16_fnl_fee_schd_sum.pdf

SWRCB_fee_summary_permit_app

So your application fee would be $1,000, plus $15 per AF over the first 10 AF.  Your cost would be $1,000 + (167 AF – 10 AF) * $15/AF, for a total of $3,350.  There is also an annual cost:

SWRCB_fee_summary_permit_annual

Your annual fee would be $150 + $0.063 per AF over the first 10 AF.  Your annual cost would be $150 + (167 AF – 10 AF) * $0.063/AF, for a total of $160/year.

Of course, these costs are if it’s a “slam dunk” and there are no complications.  There would likely be a 1602 permit required by the California Department of Fish and Wildlife, and there could be other permits.  If anyone contests the application, then you would have more fees (see the schedule), perhaps attorney fees, and perhaps a negotiation to use water from someone else’s diversion.

Nothing Secret About It

A word on all the information discussed in this blog so far – it is all publicly available.  It is not all on the Internet, but it can be obtained by going to the right office or court.

For example, the South Cow Decree is available from the Board’s website.  That’s great!  However, last I checked, the maps are not available online, so a call to the Board might get you a copy or more likely, scanned PDFs of the maps.

http://www.waterboards.ca.gov/waterrights/board_decisions/adopted_orders/judgments/

swrcb_judgmentn_clip

If that doesn’t work, then a trip to the Shasta County Superior Court will be necessary.  This particular decree is not kept in a spot where a requester can wait in line.  A request has to be filled out, and then you go in a few days later, review the case box(es), note which pages you want copied, and pay for copies.

My last post (Permits and Licenses) listed what information is available on the Board’s website.  Additional information might be obtained with a phone call to the right person but folks at the Board usually have 5 times as much assigned as what they can get done.  A visit to Sacramento might be necessary to get all the info.

Ownership information is also publicly available.  It can be searched for free at the County Assessor Office, and in some counties, searched online, showing owners and sometimes even maps.  Various private companies make ownership information available, which is really handy if you want to know the owners and mapping of 10…or 100…or 1,000 parcels.   ParcelQuest is an excellent company, at parcelquest.com.  They have various purchase plans and subscriptions; last I checked, anybody with a credit card can get a subscription for $100/month ($150/month premium plan) and query and download ownership in any of California’s 58 counties.

I agree, it is unsettling just how much information is quickly available on each of us and our possessions.  Much of the information is free, and what isn’t can be had a little cost.  On the other hand, if you are trying to figure out what your existing water right is, or what the water rights are for land you might purchase, you can figure out half of it online in a few hours time.

A Place For Permits And Licenses

A Permit or License is required to hold Post-1914 water rights issued by the State Water Resources Control Board. An Application starts the process, then the right is permitted, and once proven, licensed.  This is the engineering summary of the process, not as precise or detailed as an answer from an attorney or a bureaucrat.

Let’s take a look at a license.  All of the information shown here is publicly available and it was downloaded from the Board’s website.  Note that the License has 3 identification numbers, all of which are important:

Application:  18405          Permit:  13122          License:  12363

From the language in the body, it is clear that the first use of water at this location was in 1958.  An Application was filed at some point, and proof of the claim was established in 1979 when the Board inspected the diversion.  A Permit might have been issued at the same time in 1979 – that information is not listed here.  Finally in 1988, the water right holder obtained the License.

A018405_ewrims_lic_pg1_purpose_amt

 

Now to the subject of this post, on Page 2 the Place of Use is listed.  The clip below shows the end of Page 1 and the start of Page 2:

A018405_ewrims_lic_pg1_pod_placeofuse

The place of use is defined as  1) at the reservoir, and  2) on 357.7 acres somewhere within 3 Sections, an area totaling about 1,900 acres.  The clip above also lists the point of diversion, and the purposes of use, but we’re focusing on the Place of Use right now.  Let’s go look at the map.

Whoops!  This License was downloaded as a PDF from the Board’s Electronic Water Rights Information Management System (eWRIMS) website at http://www.waterboards.ca.gov/waterrights/water_issues/programs/ewrims/index.shtml.  The thousands of downloadable permits and licenses in the database do not include the maps, as far as I have ever seen.  To get that, we would have to visit the Board’s office in the CalEPA building in Sacramento.

However, there is also an eWRIMS Geographic Information System (GIS), in addition to the database.  We can see the location of the diversion on either a  topographic map, or on an aerial photo.  Here’s what that looks like:

A018405_ewrims_map_w_aerial_256color_small

The pink text in the middle of the photo is where the GIS shows the diversion for this License.  What is the Place of Use?  That is not shown.  With some other information, like who owns the surrounding parcels of land, and maybe a telephone call to the owner, manager, or representative, we could probably figure out where the Place of Use is.

However, land can change hands so the owner shown on the license may no longer be correct.  Sometimes parcels get split up and one of the present-day owners pays for the permit covering the entire Place of Use.  It can get complicated without seeing the original hardcopy of the map.  The owner might not even have a copy of the map, especially if ownership has changed hands several times.  It’s good to memorize or keep on a Post-It the number for the Board: (916) 341-5300.

That’s enough for this post.  Stay tuned for upcoming posts on the Place of Use, Purpose of Use, Point of Diversion, and water right amount….

Places Of Use – Adjudicated (Decreed) In The State Superior Court

For adjudicated or decreed water rights, the place of use is usually defined in maps created for an engineering report.  The State Superior Court (Court) in the particular County of the court case often uses these maps, making a few changes by text when the decree is finally issued.

In the South Cow Creek Decree (Decree), formally known as Shasta County State Superior Court Case Number 38577, the maps were created by a prior engineering report. This 1968 decree defined all water rights for South Cow Creek, Old Cow Creek, and their tributaries.  Maps show owners at the time the initial report was written, Sections divided up into 1/4 1/4 Sections (~40 acres each), points of diversion, irrigated lands, and other features.

South_Cow_Sht5_Hall_small

The clip above is from Decree Sheet 5, which is centered on the SW 1/4 of Section 13, Township 31 North, Range 3 W.  In the short hand of the Decree, it is the SW 1/4 (Section) 13 T31N R3W.  These were the irrigated lands of Jura Lawrence Hall.

 

South_Cow_Sch1_Hall_small

The Place Of Use is shown in Schedule 1 of the decree, excerpted above.  Each piece of the irrigated acreage is listed.  Some are footnoted is being “dormant riparian land”, not irrigated at that time.

 

South_Cow_Sch2_Hall_POD_small

The excerpt above, from Decree Schedule 2 shows the points of diversion for Hall, Numbers 78 and 79.  These diversions are shown as circled numbers with arrows on the map above.  In Schedule 2, the points of diversion are listed as being so many feet at some angle, distant from a Section Corner or other point.

So, the place of use and point of diversion can still be located on the ground today, with an error that might be as little as 20 feet, or as great as 300 feet (sometimes more than that.  This is enough to define where the court order, the Decree, allows water to be diverted and applied on the land that originally belonged to Jura Lawrence Hall.

 

The following excerpt from Schedule 6 shows the water rights for Hall.  There are first priority, second priority, and fourth priority rights.  Where exactly do these rights go, and what are they for?  That’s a story for a future post, more likely several posts.

South_Cow_Sch6_Hall_Allot_small

 

In this world, it seems that the only constant is change, and that goes for land ownership, too.  The aerial photo below shows ownership lines on Hall’s lands today.  Notice that there are 10 parcels, most with some portion of the decreed water right:

South_Cow_Sht5_Hall_Owner_Lines_2015_small

How are the water rights divided up?  Who gets some, and how much?  That falls under the heading of apportioning water rights, also a story for a later post.

It is interesting, isn’t it?  Now we start to see why there is some confusion about water rights, and who has them, and how they can demonstrate that.  As you might guess, there have been lawsuits since the original 1968 Decree to define the rights better.

What Is Your Place Of Use?

Where can I use my water right?  Can I change the location, or make it bigger?

Water rights most often have a place of use.  The place of use may be defined in a court decree or adjudication, and shown on an associated map.  In most court decrees, the place of the use for a water right is “forever”, unless another case comes up to change that place.

For pre-1914 rights which are not part of a court decree, the place of use is defined…somewhere.  Hopefully the water right holder has an old map, or evidence that the farm or ranch has the same boundaries today that it did when water started being used.  The map might be in the attic, or someone may have sent a copy of the map to the State Water Resources Control Board.

Riparian rights belong to parcels touching a stream, natural lake, or spring.  The requirement for us is that it be reasonable and beneficial.  So the place of use might be a whole parcel of ownership, or part of it, but the place of use cannot be off that parcel.  Riparian rights are defined by the California State Constitution, but the place of use is not defined except that it has to touch the water.

Post-1914 rights issued by the State Water Resources Control Board, and used under a permit or license, have the place of use defined.  It might be by 1/4 1/4 Section, or 40-acre pieces.  It might be by coordinates in a surveying system, such as the California Coordinate System.  Sometimes there are maps with permits and licenses, sometimes not.

This is a quick summary of the concept of place of use.  We’ll go into more detail later, with some examples.  For now, good night to all.

Read Me My Rights

How do you know if you have a water right? Right up front, you know I am not a water rights attorney, and you may end up needing to consult one. There are some good ones. Make sure you go to an attorney who is…a water rights attorney, not an insurance attorney, or a workers comp attorney….house 20100222EAV2232

If you live in a town, city, county water district, or a number of other areas that provide water hookups or delivery by ditch, then you are relying on the provider’s water right. That may be any of the kinds of rights mentioned previously: riparian, rancho, pueblo, appropriative pre-1914, appropriative post-1914, groundwater, adjudicated, prescriptive (proven and adjudicated), or contract.

What if you own a place outside of town, and you have always relied on a well?
Might you have a surface water right? If you are on or near a stream, the answer is a definite “maybe”. Hopefully when you bought the place, the previous owner told you if the place has a decreed (adjudicated) right, or appropriative right, or some other water right.

If you never knew and wanted to find out, then the first thing to do is ask your neighbors. IMPORTANT: maintain good relationships with the peWilliamsons_and_neighborsople who live around you if at all possible. You never know when you need someone’s help, or want to borrow a tractor, or need to peaceably resolve a thorny issue…or get their likely-very-good idea of whether you have a water right, and how much it might be. A neighbor’s opinion is not proof, but someone who has lived in the area for 40, 50, 60 years probably has a good idea.

If your neighbors don’t know (or the relationship isn’t real friendly), the one-stop-shop for most water rights is the State Water Resources Control Board in Sacramento, or 59-98the “Board”. Get your County Assessor Parcel Number (APN), which is in your purchase documents, or probably can be found online by now in every California county. Call the Board at (916) 341-5300, tell the person what you need, and when you are forwarded to the person in the know, give him or her your APN. Write down everything you are told.

Hopefully you get to talk to a knowledgeable person who can tell you “yes” and what type of right. The Board tracks appropriative water rights: all post-1914 rights, and some pre-1914 rights. The Board posts most of the important court adjudications on their web site, so the person can probably tell you if you are in an area with decreed rights.

If the answer you get from the Board doesn’t seem right, you mMan working in ditch CostaDisc2-129 - Editedight call again and get a second opinion. If it still sounds funny, and you have asked your (friendly) neighbor, and checked your property deed for indications, then your best option is probably to consult a water rights attorney.

If you live on a stream or lake, or have a spring on your property, you most likely have a riparian right. Caution here – it’s not guaranteed. Your property has to touch, cross, or include the water body. Then, you have to check your deed on the very small chance the right was transferred to some other parcel. You may live one parcel away from a stream, and there is a very small chance your property has rights reserved, as evidenced by your deed, from when the original owner split off your property. Not likely.

South_Cow_Sht5_Hall_smallIf you live on an adjudicated stream, or at least your property is one of those in a decree on part of a stream, then the court has told you in writing how much water you can take, in what season. Typically these decrees cover the irrigation season, and some also define winter rights. If this is your case, your right is limited to what the court said.

If you ask the Board about your riparian right, the answer you get can vary from, “I don’t think you have any rights” to “You very likely have a right to what you can reasonably and beneficially use.” The person on the phone cannot be certain your property actually touches a water body.

In summary, it’s easy, right? Well, no it’s not. With this information, you have a process you can use to figure it out. Happy hunting!

Reasonable And Beneficial Use Depends On Who You Are

As far as water rights go, what is “reasonable and beneficial use”? The California Constitution, Article 10, Section 2, says, in part: “…The right to water or to the use or flow of water in or from any natural stream or water course in this State is and shall be limited to such water as shall be reasonably required for the beneficial use to be served, and such right does not and shall not extend to the waste or unreasonable use or unreasonable method of use or unreasonable method of diversion of water….”

That’s pretty clear, isn’t it? Use of water has to make sense and we can’t waste it. The question you are probably asking right now is, who defines the good and bad use of water?

In 1849, The Gold Rush! Starting in the year 1849, prior to California becoming a State in 1850, it was reasonable and beneficial to move a lot of gravel, sometimes whole streams, and sometimes considerable portions of mountains to get gold.

Along with ounces, pounds, and tons of gold found, came a whole lot people than there were before. As the proportion of gold miners to State population decreased, the weight of public opinion changed. Wasn’t it a shame to fill up good rivers with so much gravel that a steamboat could not get through? And weren’t the gnawed-out mountains ugly? Use of monitors was the first, biggest use of water declared to be unreasonable.Irrigation_small

Over time, the mines played out and water went more and more to ranches and farms. This is definitely reasonable and beneficial. California became the bread basket and salad bowl of the nation. With more people, land was developed faster, and more water was used.

And you know what happened next. Fish populations in streams decreased, and more focus was put on non-farm uses of water. As dams went in, the miles of natural streams decreased. The fight over water went from who gets the first the mostest, to also arguing how much should be left in creeks and rivers.

In these photos, one shows the whole flow of a creek being diverted to irrigated pastures. In 1940, that was the best use of that water in this part of the State, except if it cut into someone else’s diversion right. Today, a lot of people think the natural stream iHat Creek_smalls best, with no use by people.

So “reasonable and beneficial” depends on when and where you were, and how scarce the water is. Scarcity includes what’s left over after everyone else has rights.

“Good” use of water changes as society changes. In 1900, 90% of people in the USA lived on farms, and 10% in cities. In 2000, 10% lived on farms, and 90% in cities. California was more like 7% vs.93% – it is no surprise that this wholesale change in who we are also changed what is “reasonable and beneficial.” More on this later….

 

Riparian Rules by Chuck Rich

Riparian Rules by Chuck Rich, State Water Resources Control Board, 2007

GENERAL RULES GOVERNING THE EXISTENCE OF AND
USE OF WATER PURSUANT TO RIPARIAN CLAIMS OF RIGHT

  1. A riparian right exists by reason of ownership of land abutting upon a stream or body of water and affords no basis of right to use water upon nonriparian land.
  2. A parcel of land generally loses its riparian right when severed from the stream channel via a parcel split (i.e., “physical severance”) unless the right is specifically reserved for the severed parcel in the deed of transfer or other conveyance document. However, the California Supreme Court has held that where a physical severance has previously taken place, if the severed tract was receiving water from the creek at the same time the conveyance created the severance, that fact can be used in court to argue that the grantor and grantee did not intend any severance of riparian rights notwithstanding the physical severance, and the riparian right might be preserved as a result – if the court so decides. The riparian right also may be lost when transferred apart from the land by grant, contract, or condemnation. Once lost or severed, the riparian right can NEVER be restored.
  3. Riparian water right holders may only divert a share of the “natural streamflow” of water in the stream. “Natural streamflow” is the flow that occurs in a watercourse due to accretions from rainfall, snowmelt, springs and rising groundwater. To the extent that flow in its natural state reaches or flows through their property, riparian right holders have a proportional right, based on need, to the use of the natural flow.
  4. A riparian right does not allow diversion of water that is foreign to the stream source. Water that is: a) imported from another watershed; b) stored and subsequently released later in time into the stream system from upstream dams; or c) irrigation runoff generated from the application of percolating groundwater applied to upstream lands; is not available for diversion under a riparian claim of right.
  5. Water diverted under claim of riparian right may only be used on the parcel of land that abuts the stream – – unless the severed parcel’s riparian status has been somehow retained (see #2 above), and then only on that portion of the parcel that drains back into that portion of the stream from which the water was originally diverted.
  6. In order to divert water under claim of riparian right, the diverter must use the water on riparian land but need not own the land at the point of diversion. That is, the diversion may be made at a point upstream (or downstream) from the land being served so long as permission is granted to use that point of diversion and intervening land owners between the point of diversion and place of use are not adversely affected by such practice. However, water cannot be diverted upstream or downstream under a riparian claim of right if this water would not have reached the diverter’s land in the “natural” state of affairs. (In other words, the land is only riparian to the stream when the stream, in the natural state, would actually reach or touch the parcel in question.)
  7. Riparian rights are not lost by nonuse of the water.
  8. “Seasonal storage” of water cannot be accomplished under a riparian claim of right. “Seasonal storage” is generally defined as the collection of water during a period of excess flow for use during a period of deficient flow. However, water may be retained for strictly “regulatory” purposes. “Regulatory storage” of water means the direct diversion of water to a tank or reservoir in order that the water may be put to use shortly thereafter at a rate larger than the rate at which it could have been diverted continuously from its source. Regulatory ponds should generally be drained at the end of the season of use (e.g., irrigation season).
  9. If there is insufficient water for the reasonable, beneficial use requirements of all riparian owners, they must share the available supply. Apportionment is governed by various factors, including each owner’s reasonable requirements and uses. In the absence of mutual agreement, recourse to a determination in the Superior Court may be necessary.
  10. The riparian diverter is subject to the doctrine of reasonable use, which limits the use of water to that quantity reasonably required for beneficial purposes. The method of diversion and conveyance must also be reasonable and non-wasteful.
  11. A diverter who possesses a valid riparian claim of right does NOT need to obtain a permit from the State Water Resources Control Board for the act of diverting water. However, any alteration made to a natural channel in order to divert the water will probably require acquisition of a “streambed alteration agreement” from the Department of Fish and Game and may require a Section 404 Permit from the Army Corps of Engineers or a waste discharge requirement from the appropriate Regional Water Quality Control Board. Compliance is also required with any other local, state, or federal requirements regarding construction and operation of the diversion facilities.
  12. Water Code section 5100, et seq. requires that a “Statement of Water Diversion and Use” be filed with the Division for any diversion under riparian right if no other entity reports this use. As of 2007, there is no charge to file this document and forms are available upon request from the Division of Water Rights.