(WB) - The California State Water Resources Control Board (SWB) has drafted an emergency regulation required under Senate Bill (SB) 88, signed June 24, 2015, that will add measurement and reporting requirements for all water right holders diverting 10 acre-feet of surface water or more per year. 

The new measurement requirements will affect about 12,000 water right holders statewide. 

The annual reporting requirement will affect all water users required to file statements of diversion and use (including those claiming a riparian or pre-1914 appropriative water right) and persons authorized to appropriate under a permit, license, registration (small domestic, small irrigation, or livestock stock pond), or certificate for livestock pond use.

California’s current drought has highlighted the need for more accurate and timely information on water diversions in individual watersheds. Water supply and use can vary widely by watershed across the state during any given year. The SWB held five informational meetings throughout California in Fall 2015 and took comments that assisted in drafting the regulation. At a November meeting in Sacramento, SWB enforcement section manager Katherine Mrowka summarized, “The Board needs current and accurate information on how much water is being diverted in order to evaluate water supply data in the state’s watersheds, increase understanding of water use, and assure compliance to protect water rights.”

The SWB released a draft regulation and held a workshop December 17 in Sacramento for discussion and public comment. The emergency regulation is scheduled for adoption at a SWB meeting January 19, 2016 and will remain in effect unless modified. More information, the draft regulation, and copies of public comments submitted, are available at the emergency regulation website:
www.waterboards.ca.gov/waterrights/water_issues/programs/measurement_regulation/

Paula Whealen, principal with the water consulting and civil engineering firm Wagner & Bonsignore based in Sacramento, represents about 1,500 water right holders that include large and small grape growers. Whealen advised, “Everyone should be preparing for this and budgeting for the cost and installation of these measuring devices.”