Diverters reminded to measure water use under law ByChristine Souza
“The stats tell a story that the regula- tions are difficult to understand and, con- sequently, difficult to comply with,” said Laca, who took part in a session on the topic at theCalifornia Irrigation Institute’s conference inSacramento lastweek. “Staff isdevelopingapublicoutreachplanto im- prove data submission and compliance withSB88.Weunderstand it is complicat- ed, and we are committed to helping the community provide the datawe need.” For diversion or storage of 100-acre feet or more annually, SB 88 also requires that installation and certification of measure- ment methods be approved by a profes- sional engineer or licensed contractor. AssemblyBill 589,which is ineffect until Jan. 1, 2023, allows diverters to install and maintain devices or implement methods of measurement. But to be considered qualified to do so, they must complete an instructional course onmeasurement devices and methods administered by the University of California Cooperative Extension and pass a proficiency test. The instructional course also clarifies reporting requirements and helps ranch- ers and water-rights holders understand which meters are appropriate measure- ment tools. Participants also learn how to determine measurement equipment ac- curacy and develop an understanding of measurement weirs and how to calculate and report volume from flowdata. “One thing that I heard as we started to
work through this was, ‘Why do we have to do this?’’’ said Larry Forero, a UCCE livestock and natural resources farm ad- visor. “It was like, well, you always were supposed to do it. Since 1965, you were supposed to, and then in 2009, the water codeprovidedthat youneedto, andthere’s penalties if you don’t.” Forero offered assurances to water di- verters. “If youmake an effort to try to get incompliance, you’regoing tobeOK. That has beenmy experience with state board staff,” he said. Modoc County rancher Glenn Nader, a former UCCE livestock and natural re- sources advisor, said he was one of the af- fected diverters who didn’t know he was required to report. He said he took part in the training course and thanked the state water board andUCCE for providingdiverterswith the education that ultimately resulted in cost savings for him. “The other thing that this training did is it gaveus the technical resource tocallwith questions,” Nader said. “I think that’s im- portant, andwe need to continue to build onthat.Weneedmore technical resources. We complain all the time as ranchers, but therewere some benefits to doing this.” UCCE is developing an online training course, and Forero said more technical support is needed to address site-specific situations. “Because every situation is dif- ferent, thatwouldreallyhelpget to thenext stage of implementation,” he said.
Achallenge to compliance, Laca said, is small diverters do not have the resources to install the equipment. “What we’ve seen is small diverters will either revoke their water right or decrease their facevalue toavoidmeasurement reg- ulations,” Laca said. To assist diverters and increase the rate of compliance, twobillswere introducedin the State Legislature. SB 880 by Sen. John Laird, D-Santa Cruz, indefinitely extends the sunset date for AB 589. SB 832, by Sen. Bill Dodd, D-Napa, allows for a different way to report diversions for people who use evapotranspiration rates. California FarmBureauhas expressedconcernsover those rates and is suggesting bill amend- ments, Merkley said. “Statewater board staff is not looking to bepunitive,” saidMerkley,whoalsoserves as director of the California Irrigation Institute. “They’re looking for compliance, so they knowwhat the flows are and how muchwater is or is not available anddon’t havetocurtail legalwater-rightusersbefore it isnecessary. If you’re trying tobecompli- ant, then they’re going toworkwith you.” Laca said compliance is the state’s main objective. “We’re not looking to put people out of business,”he said. “If youneedhelpor you have questions with your compliance sta- tus, reach out to us.” (Chr i s t ine Souza i s an ass i s tant editor of Ag Alert. She may be contacted at csouza@cfbf.com.)
Data is key to better understanding and managing California’s water supply. However, thestatereportsa lackof compli- ancebyaffectedwater-rightsholders,who are requiredtoreport thewater theydivert. “Even though we initially opposed the regulation, it is the law, so it is very important that people are in compli- ance,” said Danny Merkley, California FarmBureau director of water resources. “Itprotectsourexistingwater-rightssystem, whichwasdesignedfortimesofscarcity, like wehavenow,anditworksifweget thedata.” Regulations adopted by the StateWater Resources Control Board in 2016 estab- lishedpenalties for those required tomea- sure and report water diversions. Mandated under Senate Bill 88 in 2015, the rules apply to those who have previ- ously diverted or intend to divert more than 10 acre-feet per year. They also im- pact water-rights holders who are autho- rized to divert more than 10 acre-feet per yearunderapermit, licenseor registration. “It is going to be very important that we findaway togetmorepeople tobe incom- pliance,”Merkleysaid. “Until recently, there werenopenalties.Therearepenaltiesnow, and$500 aday canaddupprettyquick.” As of Jan. 25, the compliance rate state- widewas just 39%, saidAllenLaca, asenior water resource control engineer with the statewater board’sdivisionofwater rights.
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4 Ag Alert March 9, 2022
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