Tag: State Water Resources Control board

Reasoning With Regulators, Benefitting From Bureaucrats

I worked 30 years as a bureaucrat, and for the last six years I have owned my own business.  That gave me first-hand immersion in working with members of the public, especially water right holders who divert water from various streams in Northern California.  When it comes to property rights, owners are intensely interested in getting problems solved, fast and hopefully permanently.  As a property owner I will get the help of whoever I can and whoever it takes to solve my problem.  On the flip side, when I worked for state government, I sure know what worked to get me to work on someone’s problem!

Whenever you divert water, you deal with people.  Your neighbors are very interested in what you divert.  They want you to use only your water right and hopefully less…and they want every possible law applied against whoever takes more than their legal share.

Laws are made by people.  I’m not talking about God’s Laws which are not in your or my control.  The man-made documents and organizations that establish, make, change, and enforce water laws and rules include:

  • the California Constitution
  • the Legislature
  • the Governor
  • Courts at various levels
  • everyone’s favorite: federal, state, and local agencies

file581310649632Agencies, otherwise known as bureaucracies, all have one thing in common.  To emphasize a very important point: they are all run and staffed by people.  Some folks are easy to deal with, others aren’t.  Some are truly caring human beings, and others hide behind the policies of their employer.

What exactly is a bureaucracy?  Here is a very good explanation:  https://en.wikipedia.org/wiki/Bureaucracy

By the way, corporations are the same as bureaucracies in a lot of ways.  Since we are talking about the diversion of surface water, that means bureaucracies.  And bureaucrats.

There are some money-saving, hassle-saving methods to dealing with bureaucrats.  These are time-tested and have worked for me and many others.  When other people acted this way with me, when I was a bureaucrat, to get me to do something even when I was too busy, it worked!  Hopefully these practices and techniques will aid you in dealing with an agency or a particularly difficult bureaucrat.

  1. Do some research.  “Google It”, as the saying goes, and learn about the agency you are dealing with.  (Actually, I am using Bing and DuckDuckGo as much as Google these days, to get accurate instead of popular results.)  Search for comments by people who had the same problem as you.  How did they handle it, and what was the result?  Did someone have a particularly effective way of getting a problem solved?  It might be worth an hour of your time to use the Internet to find out everything you can first.
  2. Document your problem in writing before contacting a bureaucracy, with text, photos, maps, drawings, contacts, everything you can get on paper.  Scan it if possible so everything you have can be emailed.
  3. Assuming you are calling or talking to the person, write everything down.  E-ver-y single thing.  Date all the entries.  Get each person’s name.  You might buy a cheap spiral bound notebook at a WalMart or Dollar store – or buy a few, and the ones you don’t use when dealing with bureaucrats you can use for a diary, or shopping lists, or dealing with corporations.  Enter it on the computer in front of you, or use Notes on your phone.  Let the person know that you are keeping careful notes.  If you intend to record audio of a call, ask first!
  4. Always be polite, and especially so during the first few contacts about a problem.  Do not threaten, curse, yell, or any of those things that would be classified as “impolite”.  If the person you are talking to gets unpleasant, just keep a record of it for later, and maintain your calm demeanor.
  5. Explain your problem or need in as few, relevant words as possible.  Boil your problem into one or two specific things that you need done.  That way a helpful person can get you the help you need quickly, without strain on your vocal cords or his or her ear.
  6. Don’t share your life story, complaints about your neighbor’s dog, the hassle you had getting your car repaired, or go into what a rotten, horrible person your neighbor is.  That is wasted time.  Unless what you say bears directly on the problem, it takes away working time from the person listening on the other end of the phone line, or reading your email, or sitting across the table from you.  There may not be enough time left to solve your problem!
  7. Give thanks and credit to the people who help you.  Call their boss, or write the boss a note about the great work they did in helping you.  Let everyone else you talk to about your problem know about those helpful people.
  8. If a bureaucrat says “It’s not my job”, politely explain the person’s statutory/legal/moral or other obligation to help you, and the terrible consequences to you if the person does not carry out his or her agency’s mission.  Give a reasonable estimate of the economic harm or cost involved.
  9. On the other hand, if the answer you get is “I have no idea how”, don’t get frustrated, get more contacts from the person.  You’ll be following a trail, sometimes clear, sometimes through thick brush.
  10. If you are talking to the right person and cannot get the help you need, or an exemption from a rule, or whatever help you are looking for, ask to talk to the bureaucrat’s boss.  Don’t insult the employee to the boss, just explain to the boss that he or she has the great power needed to help you.
  11. If the boss cannot help, ask to talk to his or her boss.  See the pattern here?  Be courageous and go up the line as high as you need to go.
  12. Take a few minutes and search online for the names and contact information of the people on the Board, or the Director, or the Chief, of the bureaucracy you are dealing with.  It can help to let a bureaucrat know that you know who these people are, and while you really don’t want to have to go that far, you will contact them if necessary.
  13. If you are being harassed or threatened by an agency and you are pretty sure they are going above and beyond their authority or normal practice, there are ways to get them to back off or slow down and listen.  Sometimes mentioning that they may be in violation of RICO, the Racketeer Influenced and Corrupt Organizations Act, can give them pause.  Ask them for all communications in writing – that can cut up to half of bureaucratic actions off right at the knees.  Ask bureaucrats to include references to all laws, rules, regulations, codes, court cases, etc., that they are relying on.
  14. Find the agencies, boards, or people to whom you can file a complaint, if you have exhausted all normal ways of getting the help you need and you haven’t been helped.  You may even have to enlist the help of staff at your state legislator’s office, or your congressperson.
  15. Although it is expensive, you may have to hire an attorney.

That’s a long list, but if you are dealing with the State Water Resources Control Board, a lot of those folks are reasonable people.  The main problem at the Board is that these folks have five times the work to do than they can get done.  You’ll probably have to call several times to get someone’s attention.  See Rules 1 and 2 above!

StateWaterBoardHomePage

Riparian Rules by Chuck Rich

An oldie but still the best summary of riparian rights that can fit on both sides of an 8-1/2″ x 11″ sheet of paper:

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.

Reasoning With Regulators, Benefitting From Bureaucrats – Update

I worked 30 years as a bureaucrat.  That gave me first-hand immersion in working with members of the public, especially water right holders who divert water from various streams in Northern California.  When it comes to property rights, owners are intensely interested in getting problems solved, fast and hopefully permanently.  As a property owner I will get the help of whoever I can and whoever it takes to solve my problem.  On the flip side, when I worked for state government, I sure know what worked to get me to work on someone’s problem!

Whenever you divert water, you deal with people.  Your neighbors are very interested in what you divert.  They want you to use only your water right and hopefully less…and they want every possible law applied against whoever takes more than their legal share.

Laws are made by people.  I’m not talking about God’s Laws which are not in your or my control.  The man-made documents and organizations that establish, make, change, and enforce water laws and rules include:

  • the California Constitution
  • the Legislature
  • the Governor
  • Courts at various levels
  • everyone’s favorite: federal, state, and local agencies

file581310649632Agencies, otherwise known as bureaucracies, all have one thing in common.  To emphasize a very important point: they are all run and staffed by people.  Some folks are easy to deal with, others aren’t.  Some are truly caring human beings, and others hide behind the policies of their employer.

What exactly is a bureaucracy?  Here is a very good explanation:  https://en.wikipedia.org/wiki/Bureaucracy

By the way, corporations are the same as bureaucracies in a lot of ways.  Since we are talking about the diversion of surface water, that means bureaucracies.  And bureaucrats.

There are some money-saving, hassle-saving methods to dealing with bureaucrats.  These are time-tested and have worked for me and many others.  When other people acted this way with me, when I was a bureaucrat, to get me to do something even when I was too busy, it worked!  Hopefully these practices and techniques will aid you in dealing with an agency or a particularly difficult bureaucrat.

  1. Do some research.  “Google It”, as the saying goes, and learn about the agency you are dealing with.  (Actually, I am using Bing and DuckDuckGo as much as Google these days, to get accurate instead of popular results.)  Search for comments by people who had the same problem as you.  How did they handle it, and what was the result?  Did someone have a particularly effective way of getting a problem solved?  It might be worth an hour of your time to use the Internet to find out everything you can first.
  2. Document your problem in writing before contacting a bureaucracy, with text, photos, maps, drawings, contacts, everything you can get on paper.  Scan it if possible so everything you have can be emailed.
  3. Assuming you are calling or talking to the person, write everything down.  E-ver-y single thing.  Date all the entries.  Get each person’s name.  You might buy a cheap spiral bound notebook at a WalMart or Dollar store – or buy a few, and the ones you don’t use when dealing with bureaucrats you can use for a diary, or shopping lists, or dealing with corporations.  Let the person know that you are keeping careful notes.
  4. Always be polite, and especially so during the first few contacts about a problem.  Do not threaten, curse, yell, or any of those things that would be classified as “impolite”.  If the person you are talking to gets unpleasant, just keep a record of it for later, and maintain your calm demeanor.
  5. Explain your problem or need in as few, relevant words as possible.  Boil your problem into one or two specific things that you need done.  That way a helpful person can get you the help you need quickly, without strain on your vocal cords or his or her ear.
  6. Don’t share your life story, complaints about your neighbor’s dog, the hassle you had getting your car repaired, or go into what a rotten, horrible person your neighbor is.  That is wasted time.  Unless what you say bears directly on the problem, it takes away working time from the person listening on the other end of the phone line, or reading your email, or sitting across the table from you.  There may not be enough time left to solve your problem!
  7. Give thanks and credit to the people who help you.  Call their boss, or write the boss a note about the great work they did in helping you.  Let everyone else you talk to about your problem know about those helpful people.
  8. If a bureaucrat says “It’s not my job”, politely explain the person’s statutory/legal/moral or other obligation to help you, and the terrible consequences to you if the person does not carry out his or her agency’s mission.  Give a reasonable estimate of the economic harm or cost involved.
  9. On the other hand, if the answer you get is “I have no idea how”, don’t get frustrated, get more contacts from the person.  You’ll be following a trail, sometimes clear, sometimes through thick brush.
  10. If you are talking to the right person and cannot get the help you need, or an exemption from a rule, or whatever help you are looking for, ask to talk to the bureaucrat’s boss.  Don’t insult the employee to the boss, just explain to the boss that he or she has the great power needed to help you.
  11. If the boss cannot help, ask to talk to his or her boss.  See the pattern here?  Be courageous and go up the line as high as you need to go.
  12. Take a few minutes and search online for the names and contact information of the people on the Board, or the Director, or the Chief, of the bureaucracy you are dealing with.  It can help to let a bureaucrat know that you know who these people are, and while you really don’t want to have to go that far, you will contact them if necessary.
  13. If you are being harassed or threatened by an agency and you are pretty sure they are going above and beyond their authority or normal practice, there are ways to get them to back off or slow down and listen.  Sometimes mentioning that they may be in violation of RICO, the Racketeer Influenced and Corrupt Organizations Act, can give them pause.  Ask them for all communications in writing – that can cut up to half of bureaucratic actions off right at the knees.  Ask bureaucrats to include references to all laws, rules, regulations, codes, court cases, etc., that they are relying on.
  14. Find the agencies, boards, or people to whom you can file a complaint, if you have exhausted all normal ways of getting the help you need and you haven’t been helped.  You may even have to enlist the help of staff at your state legislator’s office, or your congressperson.
  15. Although it is expensive, you may have to hire an attorney.

That’s a long list, but if you are dealing with the State Water Resources Control Board, a lot of those folks are reasonable people.  The main problem at the Board is that these folks have five times the work to do than they can get done.  You’ll probably have to call several times to get someone’s attention.  See Rules 1 and 2 above!

StateWaterBoardHomePage

Update – Who To Call At The Board?

A question I often hear is, “Hey, I got this letter/a call from the State Water Resources Control Board.  What am I supposed to do about measuring my flow?”  The main number for the Water Board is (916) 341-5300 – and these folks have much more work to do than time to do it.  Several calls may be required to reach a knowledgeable person who isn’t already talking to two telephone calls, or making three investigations in the field.  So, start with the main contact, Paul Wells, who is very knowledgeable and can get you the answers or the person you need to talk to.

By the way, Thank You to Kathy Mrowka, who has been reasonable in working with diverters who are trying to comply.  What she says often is true:  talk with her and/or others at the Water Board and you’ll likely get consideration, some more time to comply, and reduced (maybe greatly reduced) fines.

Since many calls I get are about enforcement letters, calls, or visits from the Board, it’s probably most useful to have the phone numbers and emails from Enforcement Program Staff.  Here they are, from the Water Rights Enforcement Program Web Page:

Enforcement Program Staff

Katherine Mrowka, Manager
(916) 341-5363
Kathy.Mrowka@waterboards.ca.gov		 Paul Wells, Senior WRCE Specialist
(916) 323-5195
Paul.Wells@waterboards.ca.gov

 

Central Coast/So. Cal Unit San Joaquin Valley Unit
Laura Lavallee, Supervisor
(916) 341-5422
Laura.Lavallee@waterboards.ca.gov

 

Ramon Ruiz
(916) 341-5411
Ramon.Ruiz@waterboards.ca.gov

Kyle Wooldridge
(916) 323-9405
Kyle.Wooldridge@waterboards.ca.gov

Janelle Heinzler
(916) 323-9406
Janelle.Heinzler@waterboards.ca.gov

Dave LaBrie
(916) 341-5343
Dave.Labrie@waterboards.ca.gov
Brian Coats, Supervisor
(916) 341-5389
Brian.Coats@waterboards.ca.gov

 

Chuck Arnold
(916) 341-5634
Chuck.Arnold@waterboards.ca.gov

Matt Quint
(916) 341-5380
Matthew.Quint@waterboards.ca.gov

Damon Hess
(916) 341-5345
Damon.Hess@waterboards.ca.gov

Jeff Yeazell
(916) 341-5322
Jeff.Yeazell@waterboards.ca.gov
Sacramento Valley Unit North Coast Unit
Victor Vasquez, Supervisor
(916) 323-9407
Victor.Vasquez@waterboards.ca.gov

 

Michael Contreras
(916) 341-5307
Michael.Contreras@waterboards.ca.gov

Kathy Bare
(916) 327-3113
Kathy.Bare@waterboards.ca.gov

Oxcar Macias
(916) 341-5637
Oxcar.Macias@waterboards.ca.gov

Natalie Stork
(916) 322-8425
Natalie.Stork@waterboards.ca.gov

Tomas Eggers
916-327-8039
Tomas.Eggers@waterboards.ca.gov
Taro Murano, Supervisor
(916) 341-5399
Taro.Murano@waterboards.ca.gov

 

Michael Vella
(916) 327-3114
Michael.Vella@waterboards.ca.gov

Skyler Anderson
(916) 341-5355
Skyler.Anderson@waterboards

Kevin Porzio
(916) 323-9391
Kevin.Porzio@waterboards.ca.gov

Bill Rigby
(916) 341-5376
Bill.Rigby@waterboards.ca.gov

Vacant

Update – Worried about SB 88? That’s the problem I solve for you!

Worried about SB 88?  That’s what this blog is for!  Here is where you will find information you need, and can put to use, on selecting and installing flow measurement devices.  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.  Here is the part that affects private or small agricultural diverters the most:

SB88_Art3_Clip

Here is a convenient table that summarizes the Water Board‘s more specific regulations.  I added the two columns on the right to give folks an idea of how the volumes relate to water rights:

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

How Do I Comply With Water Board Regulations? Part 3

In Part 2, How Do I Comply With Water Board Regulations? Part 2, we considered the question:  Who has to have a certified, accurate device by January 1, 2017? How often is it monitored?  The answer is, those who divert 1,000 acre-feet (AF) per year or more, and it has to be monitored hourly.  Shawn_pointing_with_ruleWhat size diversion is this, really?  An irrigation diversion of 1,000 AF over 6 months, with flows starting at 100% of the water right, declining to 50% of the right by the end of the season (month 6) would calculate out to a water right of 3.68 cubic feet per second (cfs), or about 3.7 to 4.0 cfs (cfs).  Depending on where you are, that irrigates somewhere between 80 and 400 acres of hay or pasture.

In this post, I’ll answer 2 questions:

  1. What if your water right is smaller than 3.7 cfs, diverting 100 AF to 1,000 AF per year?
  2. A BIG question right now: What is “alternative compliance”, and how might it be done to meet the Water Board’s regulations?

Shawn_pointing_at_orificeTo answer the first question, the next category down is 100 AF to 1,000 AF per year.  Using the example of a 6-month irrigation season, with a diversion that starts at 100% of the water right and gradually declines to 50%, the water right we’re talking about is about 0.37 to 3.7 contracted_weircfs.  This category does not have to comply as quickly – the deadline is July 1, 2017, or nearly a year from now.  The measurement frequency is daily, which is possible to be done by a diligent person, if not not recorded automatically.  For a sense of how much water this is, depending on where you are, what the soils are like, and how efficient the diversion is, the acreage of hay or pasture irrigated ranges from about 8 to 370 acres.

What kind of measurement devices would meet the regulations?  The same types that we discussed in Part 2, but ranging down to smaller sizes:

  • weirs as little as 0.5′ (0.5 feet, or 6″) wide, or wider with boards cut to make contracted weirs
  • free-flowing orifices with holes down to 0.16 x 0.16′ (2″ x 2″) square and a piece of steel plate to adjust it smaller
  • submerged orifices down to 0.25′ x 0.25′ (3″ x 3″) with an adjustment plate.
  • small flumes and meters

The photos above show smaller-sized devices than the 4′ weirs shown in earlier posts.

The second, and these days much BIGGER question, what about alternative compliance?  The Water Board requires submission of alternative compliance plans on a form that is not yet available.  If it were my diversion, I would not worry about tWaterBoard_Meas_AlterComp_Para - Editedhat; I would put together my plan and send it in.  The old rule applies that if you are not sure who to send it to, send it to several managers and maybe a Deputy Director.  Emailing documents is cheaper; most computers will let you print to PDFs that can be emailed.  Your submittal probably will not be accepted this way but the point is, the Water Board cannot say that you have not attempted to comply.  Not complying at all can be very expensive; “Do something wrong, instead of nothing at all.”

 

SOU_alternative_methods - EditedThis screenshot is from an OLD, no longer valid Statement Of Use form, but it
gives some ideas of what options for alternative compliance the Water Board has in mind.

What has to be in your alternative compliance plan?  From the Water Board’s ADOPTED TEXT OF EMERGENCY REGULATION, the text gives 12 parts that must be in the plan (below).  The plan may be rejected – having a plan (instead of a standard, certified measurement device) is no guarantee that the Board will accept it.  In summary, the plan must detail contacts for all people on a ditch, Assessor Parcel Numbers, the water right(s), priority(ies), use(s), diversion(s), ditch(es) and/or pipe(s), measurement frequency and methods, dates for milestones and completion, permits required, financing plan, and map(s) showing the plan area including all physical features and place of use…and all of this must be signed by all water right holders on the ditch (the emphasized text in the bullet points is mine):

“…………  §935 Alternative Compliance for a Measuring Device or Measurement Method Requirement.

(a) Alternative Compliance – Generally. In circumstances where strict compliance with sections 933 or 934 of this title is not feasible, would be unreasonably expensive, would unreasonably affect public trust uses, or would result in the waste or unreasonable use of water, a diverter may submit an alternative compliance plan.

(b) Minimum Standards – an alternative compliance plan under subdivision (a) shall meet the following minimum standards:

(1) The plan shall include the following information:

(A) The name and contact information for all diverters covered by the plan;
(B) The name and contact information for the person designated to represent all diverters covered by the plan in matters before the board;
(C) Identification of each individual water right type and priority covered by the plan;
(D) A detailed description of the area served by the plan, including all points of diversion whether used or not used, all methods of diversion, any conveyance systems, all beneficial uses of water, and all acreage served;
(E) The assessor’s parcel numbers and ownership within the area covered by the plan;
(F) Identification of the proposed measurement frequency;
(G) Identification of the proposed measurement methodology;
(H) Topographic map(s) or aerial photograph(s) of the area covered by the plan that show the separate places of use authorized to be served by claimed water rights covered by the plan and showing the acreage served;
(I) An implementation schedule, including date-specific, objective milestones of plan implementation from date of filing through final implementation, including the estimated milestones for acquiring permits required for plan implementation and the estimated milestones for compliance with the California Environmental Quality Act, if required;
(J) Budget for implementation of the plan and the source(s) of financing for the plan;
(K) A list of any permits required for plan implementation, the agencies that will issue the permits, and expected dates for issuance;
(L) An affirmation, signed by all diverters covered by the plan, that the plan will be implemented in accordance with the schedule contained therein and that all claimed water rights covered by the plan will not be exercised outside the scope of the plan  …………”

New_Weir

eWRIMS Board Water Rights Search – Part 3

This is the third part of the discussion of the Water Board‘s Electronic Water Rights Information Management System – eWRIMS.  In eWRIMS Board Water Rights Search – Part 2,  we looked at how to search by Water Right type, Status, ID, County, etc., and most relevant for finding your own, by Primary Owner.  Let’s search by Primary Owner “Metropolitan”:eWRIMS_search_dialog_Met - Edited 2

The results we get are all the names with the word “Metropolitan” in them, and first on the list are the Metropolitan Water District of Southern California:eWRIMS_search_results_Owner_Met - Edited

We’ll scroll down the page until we get to Application Number A006406.  By the way, if you have a Permit or License, or you are looking for one, that Application Number is important.  It is the unique identifier for these documents, sort of like the Assessors Parcel Number is the true unique identifier for your property for tax purposes.  A006406 is for an Appropriative Permit for with a face value of 1,085,950 acre-feet.  If we click on the number A006406 in the left column, we get this summary:Permit_Summary - Edited 2

The summary doesn’t have that much more useful information – what we really want to do is go look at the original document.  Click on the “View Permit” text in the upper left-hand corner.  Now you get to see a scan of the permit.  You can see that document by clicking here:  a006406  The first page of the permit is shown here.  And this is the information you want to see for your application, permit, or license, the actual face value, purpose, place of use, and so on.

Permit_7641_firstpage - Edited

In the same way, we can view and download Statements Of Use (SOU).  Clicking through the Summary is a little different – we scroll down the page and then pick the statement for the year we want.  Here is the summary for SOUs for one of the City of Santa Barbara’s Permits:SB_SOU_Sum - Edited

Clicking on the year 2015 brings up the following report, showing that under this Permit, Santa Barbara diverted a total of 287.8 acre-feet last year:

Santa_Barbara_SOU - Edited

That’s how we use eWRIMS to search for information on water rights and Statements Of Use.  Remember, many thousands of adjudicated and riparian rights, and some pre-1914 rights, are not in the database.  What do we do if we think there is a water right, and we’re not sure where the information is?

  1. Start with eWRIMS, and call the Water Board if the database answer is inconclusive.  You may have to call several times, these folks are way too busy.
  2. Call the Watermaster if it is an adjudicated water right under watermaster service.  Even if the right is under a decree with no Watermaster, whoever you call probably has a good idea of who to call next to find out.  Google the county and name of the stream to see if one of the first five or so results brings up a Watermaster’s name or phone number.
  3. Call the Clerk of the Superior Court in the county where the water right is.  Ask if they have a searchable index of some kind that would give you a Case Number for an adjudication.  Some counties even have old water rights books where you can search for a pre-1914 recording of a right.

That’s plenty for now.  Have a great weekend!

How Do I Comply With Water Board Regulations? Part 2

In Part 1, How Do I Comply With Water Board Regulations? , we looked at what water flow measurement devices will meet and exceed the Board’s requirements.  The questions right back to me were:  1) Yeah, but which dates apply to me?  and 2) Yeah, but what about monitoring and collecting data and reporting?  How do I do that?Board_2017_Table

  1.  Who has to have a certified, accurate device by January 1, 2017?  How often is it monitored?

This is the “worst case” if I am not already compliant – less than 6 months from today!  The first to have to report are those who divert 1,000 acre-feet or more per year, or store 1,000 acre-feet or more per year.  The reporting has to be hourly, or 8,760 data points per year.  The average rate of diversion for 365 days is 1.38 cubic feet per second (cfs) (which I had rounded to 1.40 cfs in previous posts).  That’s equal to 620 gallons per minute (gpm), or 2.74 AF/day.

What if all the flow is diverted just for the irrigation season?  Let’s use 6 months for simplicity – the average rate of flow is 2.76 cfs.  Available flows dropAbout_1.4_cfs_over_weir_edited_small as the summer proceeds, so what size of water right are we really looking at?  Let’s say flows decline evenly from 100% at the beginning, to 50% of available flows at the end of 6 months.  The right that would divert 1,000 AF per year under these conditions is 3.68 cfs.  The summary is, if my water right is, say, 4 cfs or more, then it is very likely I will be in this category.  The weir shown abovJohn_Headgate_edite is a 4′ weir, capable of measuring up to 4 cfs very accurately, at plus or minus 5% (sometimes better) accuracy with new lumber.  A headgate like the one to the left is easily capable of passing 4 cfs and, if the gate is used as a measurement orifice, the accuracy can be 5%, certainly within plus or minus 10% if care is used with an older gate.

I can get that 4′ weir shown above installed and working for somewhere between $2,000 and $10,000 – depending on how difficult the access is to the site, whether native materials can be used, or 3/4″ base rock and 12″ protective rock have to be hauled in, and whether I already have a backhoe or excavator to install it.  The headgate will cost more than that, maybe $3,000 to $12,000.  A larger bulkhead or box is required, and good gates can cost quite a bit.

A larger diversion will have to use a larger weir or orifice, or more likely a flume or acoustic measurement device.  That makes sense – the larger the flow, the more complicated it is to measure.

How do I report hourly flows?  I sure can’t run out to the diversion every hour, so that means I have to use some kind of automawl16ted flow GE_PT878measurement device.  The G.E. Panametrics acoustic Doppler meter on the left is an option, and it or an in-line propeller meter, or an inline mag-meter, will be necessary for some configurations of diversions (pumped or very flat).  The price starts at $5,000, though.  If I have enough fall (drop in water elevation), I would sure rather put in a weir, orifice, or flume.  A weir or flume can use a water level measurement device and data collector like the water level logger above on the right.  That Global Water device is relatively durable, takes readings as often as desired, and can store data for months.  It costs a little over $1,000.  Oh, and if the orifice is submerged, so that the hole is underwater both upstream and downstream, then I will need two water level loggers, for $2,000.

Some folks at the Water Board are talking about telemetered data, meaning the data is sent to a remote location, or even available online.  This would only be necessary if there were a great possibility FTS_GOES - Editedthat the diversion would be tampered with, or if it is a large diversion having a big impact on the amount of flow left in the stream.  This has little benefit for anyone at most diversions.  I would only install it if the need were very clear to me and everyone else.  The added cost can be anywhere from $1,000 for short-range radio, to $20,000 or more for a full-on gaging station like you see on streams.  The annual cost of operation and maintenance goes up, too.

How do I read the data on thesnotebook-405755_1280e devices, so I can report it to the Water Board?  Well, that takes some expertise.  If I have 5 diversions from a creek, I’ll make sure my foreman knows how to do it, and handle it myself.  If I have 1 or 2 diversions, then it’s more cost effective for me to have a professional do it, and to maintain it periodically.  Reading that data takes a laptop to hook up to the USB port, and the software that comes with the device, and the expertise to look at the data Sticking_Weirand make sure it’s reasonable.  The data that is recorded is “stage”, or water surface elevation.  Using the correct weir, orifice, or flume equation, or table from the Water Measurement Manual, the stages have to be converted to flows.  For hourly flows, that means 8,760 data points per year, which will require a spreadsheet like Excel to make the conversions.  A BIG caution is that if the boards are changed, it has to be written down WMM_Cover_smalland then a different zero-flow datum used to convert stages to flows starting when the change was made.

2.  Who has to have a certified, accurate device by July 1, 2017?  How often is it reported?

The “next worst case” is for those diversions from 100 AF to 1,000 AF per year – irrigation water rights of about 0.35 to 3.5 cfs.  These have to be recorded daily.  The measurement devices are the same, but smaller.  It is possible someone might grab a reading every day…but it is more likely that these will also have some kind of automated water level logger.  More on these later.  Have a great weekend!

How Do I Comply With Water Board Regulations? Part 1

Yesterday I met with some nice folks up in Hat Creek and Old Station.  A big Board_AF_Dates_Freqquestion right now is, how do I comply with Water Board regulations?  Also, what exactly do I need to do for a measuring device?  And, where can I find out that what I do will be acceptable, so I don’t get dinged after I did what I was supposed to?

First: devices.  The most common, long-lasting, and cost effective devices for measurement of irrigation diversions are:  weirs, orifices, flumes, mag-meters, propeller meters, and acoustic Dopplers.

Weirs areAbout_1.4_cfs_over_weir_edited_small the least expensive, long-lasting, accurate devices.  This weir was prefabricated and shipped from Briggs Manufacturing.  Installation takes a few hours, and with new 2″ lumber, accuracy is plus or minus 5 %.  That is better than the Water Board’s requirement of 10 % accuracy.

Shawn_sticking_Orifice

An orifice is often exactly the same as a weir, with the boards set as an orifice.  Instead of the water going over, it goes through an exactly-sized hole.  The accuracy is plus or minus 5 % if it is set up carefully.  The cost is the same as for installing and operating a weir.

John_Headgate_edit

Here is another kind of orifice – a headgate.  If it is a square headgate, or a new, round (Waterman) headgate, then the area of the opening can be determined with plus or minus 5% accuracy.  An older headgate or one with a less-than-perfect opening can still be 10% accurate, within the Boards’s standards.

Photo_5566

This is a Parshall flume.  It uses no boards, so no debris can pile up.  It is nearly maintenance-free.  Flumes cost more to install, and if they settle and get out of level they lose accuracy.  However, you’ll see many of these in Northern California.  There are some prefabricated flumes just coming into production that will be easier to install and will include data collectors.

How do you know which one will work for a particular diversion?  Someone with expertise can check the ditch, grade, soil-type, flow range, and other information and tell you within a couple of days what will work best, with an engineering report and cost estimate.  Rights To Water Engineering does this for $300 to $500, and can install the device if you like, with an operations manual.

Filing Statements of Use with the Water Board is now all by computer through SOUthe Internet.  That’s one of the things Rights To Water Engineering, and some other folks do at a reasonable cost.  If that’s your worry then contact us and we can point you in the right direction or help you out with reporting.

This is the quick summary on compliance!  Contact me at (530) 526-0134 or RightsToWaterEng1@gmail.com, and read this blog for more detailed information.  Have a great weekend!

Save Water? Ask Savers…And Depend On Capitalism

Faucet_Pixabay_water-1239368_1280
Pixabay, public domain

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

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

1024px-USACE_Black_Butte_Dam_and_Lake
Black Butte Lake, Wikipedia

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

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

FloodedField_Pixabay_nature-1252579_1280
Pixabay, public domain

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

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

3inPipePasture_Pixabay_spraying-294628_1280
Pixabay, public domain

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

SprinklerPasture_Pixabay_water-340468_1280
Pixabay, public domain

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

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

WheelLine_Pixabay_irrigation-403371_1280
Pixabay, public domain

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

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

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