[Update/Repost] Do Something Wrong, Instead Of Nothing!

Do something wrong, rather than nothing at all. Have you ever heard that before? I have heard it from Army veteran friends, a boss, even an elder of a church.

What it means to you and me is, if action is necessary, do something, maybe ANYthing, rather than freezing in place or ignoring a problem. This is obvious when you see a tornado 5 miles away, for example; either drive away from it if you are in a car, or take shelter if you are on foot. If you have a plumbing leak in the house and no parts to replace broken pipe, then put a bucket under it, or turn off the valve, and call a plumber. All of us have seen a TV show (or maybe had it happen to us) where a bad guy or an enemy pointed a rifle and said, “Don’t move.”. What do we all say to the TV? “Don’t just stand there, run!”. Doing nothing is a much worse choice!

Man working in ditch CostaDisc2-129 - EditedWhat about water rights – how does doing something wrong help? Everyone knows by now that surface water diverters need measurement devices, so put in a weir box and boards and try to measure flow if the Water Board, your watermaster, or your neighbor is promising painful consequences. Even stick boards in a ditch and seal the sides with gravel – something to take positive action to reduce future pain.

Take a look at the blog posts here.  There is enough information and how-to directions, that you might be able to do it right!  Check out these posts:

There is a philosophy based in law and a lot of experience, that says don’t put any controls on yourself until the court or government makes you. Why remodel your house to accommodate the wiring or plumbing, if you aren’t selling the house and everything works okay? Who would put a lot of money into an old truck to make it pass smog, if it just might pass a smog check the next time it has to be done? What farmer would change how he irrigates or ranches if everything still operates and the bank will keep making operating loans?

Surface water and groundwater are getting 10 50 times the attention they were prior to 2009. If the Water Board, or California Fish and Wildlife, or any other agency comes along, do something, anything, to comply sooner, even if it’s not the ultimate solution. Two posts ago, bureaucrats were discussed – they are still human beings and most people appreciate some effort to “get with the program”.

Be proactive, take some inexpensive action, educate yourself for free with some time in the Internet. Even a small, less-than-perfect improvement in your measurement device, flow and water use record keeping, diversion practices, or acreening, can pay back a lot more when you have to deal with agencies, a court, or an angry neighbor in the future.


Alternative Compliance Plans – First Batch Is Online

Many people have asked about Alternative Compliance Plans filed with the Water Board.  Have any been approved?  Do I have any feedback regarding the ones I filed?  What will work, and what won’t?

In short, I have heard nothing from the Water Board, so I have no answers.  However, the Water Board has started posting them online.  See the screenshot below – I erased the water right holders’ names, you can see them and download them at the web page.

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,


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”

Late 2015 Filers to Water Board Down to 2,000 from 3,000 Aug. 25

Please let your neighbors know if any of them are on the list!  The list of late 2015 diverters is shrinking, that’s good news; 20160908_swrcb_late_filers-edited fines are $500/day.  2,000 names are left, 2/3 of the original 3,000 listed.  The link to the current “deficiency list” is here, from the Water Board‘s water use webpage.

Fewer Late 2015 Filers to Water Board! Down from 46, to 36 Pages of Names

Looks like the word is getting out, thankfully.  The list of 2015 diverters who are late in filing their monthly diversions for last year, is reduced from 46 to 36 pages!  That’s about 720 names off the list, only 2,480 to go.  The link to the current “deficiency list” is here, from the Water Board‘s water use webpage:

SWRCB_Late_2015_Filers - Edited

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

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

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


Alert to Permittees and Licensees – Reports to SWRCB are Past-Due!

Do you have a Water Board Permit or License?  Did you report for 2015, even zero flows?  If not, get your flows reported online, to avoid potential $500/day fines after September 25!  See the files below, and let your neighbors know if one of them is on the list.

Letter from Kathy Mrowka at the Water Board – 2015ftfltr_082516 

List of permittees and licensees who have not reported 2015 flows (PDF) – plftf2015_082316

List of permittees and licensees who have not reported 2015 flows (Excel) – plftf2015_082316

SWRCB_Letter_To_Late_2015_Filers - Edited