Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A measurement method is a protocol for measuring water diversions, other than through a measuring device at each authorized point of diversion, where the method achieves the accuracy requirements of subdivision (e) of this section. The board encourages diverters on a local or regional basis to cooperate and establish a measurement method or methods to measure direct diversion, diversion to storage, and withdrawal or release from storage in an efficient and cost effective manner which meets the accuracy requirements of subdivision (e) of this section. Any measurement method shall be able to quantify the amount of water diverted under all separate priorities of rights being exercised. If the claimed water rights included in a measurement method have different requirements under section 933, the more stringent requirement shall control for all of the claimed water rights covered by the measurement method.
(b) Minimum Standards for Measurement Method.
(1) Form and Content. A measurement method shall be prepared by a qualified individual and shall include, at a minimum, a written description that includes the following information:
(A) Name and contact information of all participants, including designation of an agent to serve as the primary contact person.
(B) Topographic or aerial map(s) showing location of participants and covered lands (including all assessor parcel numbers). The map shall conform to the mapping requirements of article 7 of chapter 2 of division 3 of this title.
(C) Description of how the measurement method is implemented to meet the requirements of this chapter.
(D) Documentation required under subdivision (f) of this section verifying the accuracy of the measurement method.
(E) Description of the permits, licenses, registrations, certificates and water right claims covered by the measurement method including for each individual right: file number, owner name, water right type, priority of diversion, monthly and annual diversion amounts, place of use, purpose of use, and alternative sources of water.
(F) Description of how the measurement method will account for each priority of right during periods of insufficient supply.
(2) Action by the deputy director. The deputy director may review measurement methods at the deputy director's discretion, and may reject measurement methods that fail to meet the requirements of this section. A measurement method shall not be authorized where any requirement of any contract, policy, order, decision, judgment, determination, or other regulatory requirement of the board, a Regional Water Quality Control Board, other state or federal agency, or a court requires that diversions be measured by a measuring device at each point of diversion.
(3) Initial Term and Renewal. The deadlines for the adoption of a measurement method shall be in accordance with subdivision (c) of section 932 of this title.
(c) Shared Measurement Point Upstream of the Delivery Point or Farm Headgate. A group of diverters may measure water diverted at a location upstream of their respective delivery points or farm headgates or at shared points of diversion if a written agreement is in place for the diverters to share a measuring device located at the shared point of diversion. Diverters using a shared measuring device under this subdivision shall report the following additional information to the board on an annual basis:
(1) The methodology used to apportion the volume of water delivered from the shared point of diversion to each downstream diverter, including how water will be apportioned among the diverters participating in the agreement during periods of insufficient supply while preventing injury to any other legal user of water or to public trust resources.
(2) The field or flow condition at each individual diverter's delivery point downstream of the point of measurement including the duration of water delivery to the individual diverter, annual water use patterns, irrigated acreage (including GIS map showing assessor's parcel number and USDA field identification number), crops planted, on-farm irrigation system, and other relevant distinctions in beneficial uses and water management practices.
(3) Consumptive use of water for each individual diverter, if available.
(d) Data.
(1) Data Recording. The measurement method shall be capable of reporting the date, time, and total amount of water diverted in accordance with the requirements of subdivision (b) of section 933 of this title. The data shall be recorded in a format retrievable and viewable using Microsoft Excel, Microsoft Access, or other software program authorized by the deputy director.
(2) Data Submittal. Each diverter or claimant shall submit data from the measurement method to the board pursuant to chapter 2.7 of division 3 of this title, or within 30 days of request of the deputy director. Water use data for each twelve month reporting period shall be submitted on a form available on the board's website with the appropriate water use report including a Progress Report by Permittee, Report of Licensee, Supplemental Statement of Water Diversion and Use, and Water Use Reports of Registration and Certificate Holders.
(e) Required Accuracy. The accuracy of the measurement method to determine the volumes of water diverted, diverted to storage, and withdrawn or released from storage shall reasonably achieve accuracy standards comparable to the standards listed in subdivision (d) of section 933 of this title for individual measuring devices. The accuracy of the measurement method shall be determined by a qualified individual.
(f) Certification of Measurement Method Accuracy. The accuracy of a measurement method shall initially be certified and documented by field-testing performed by an individual trained in the use of relevant field-testing equipment. The results from the field testing shall be documented in a report approved by a qualified individual and shall be filed with the subsequent water use report. When the measurement method applies to water diverted for agricultural use, the certification shall be based on a statistically significant number of sampling points based on crop type and field size, include field testing and measurement during multiple phases of the crop-growth cycle, include all factors which influence consumptive use of water, and include any estimated tailwater return flows and percolation losses, where applicable. Field notes, calculations, and other materials used in the certification shall be included in the report.
(g) Operation and Performance Requirements. A measurement method shall be operated and maintained to meet the accuracy standards of subdivision (e) of this section. Field testing and re-analysis that the measurement method meets the requirements of this section shall be performed by a qualified individual upon installation, and at least once every five years thereafter.
(h) Inadequate Measurement Method. If a measurement method fails to meet the accuracy standards of subdivision (e) of this section, the measurement method shall be corrected to comply with such standards.
(1) Notification. The diverters employing a measurement method shall notify the board in writing within 30 days of finding a measurement method does not comply with the accuracy standards of subdivision (e) of this section. The notification shall include a plan to take appropriate, timely corrective action.
(2) Enforcement. Failure to correct defects or to ensure the measurement method complies with the accuracy standards of subdivision (e) of this section is a violation of this regulation.
(3) Measuring Devices Required. If defects in the measurement method are not timely corrected, measuring devices shall be installed at each point of diversion previously covered by a measurement method within 90 days.
(i) Measurement Method Duration and Renewal.
(1) A measurement method may remain in effect for a period of not more than five years, commencing from the effective date applicable to diversions subject to the plan pursuant to subdivision (c) of section 932 of this title.
(2) A diverter may renew a measurement method by resubmitting it, with or without amendment, before the method expires.
(3) The deputy director may reject a measurement method renewal for failure of the diverter(s) to implement a previous measurement method or for failure to achieve the required accuracy. Incomplete measurement method documentation, documentation that does not meet the minimum standards of this section, and lapses in measurement methods shall not relieve a diverter of the requirement to fully comply with sections 933 and 934 of this chapter.
(j) Measurement methods submitted in accordance with the provisions of this section shall be timely implemented.
1. New section filed 3-21-2016 as an emergency; operative 3-21-2016 (Register 2016, No. 13). Pursuant to Water Code section 1841(b), the regulation shall remain in effect until revised by the State Water Resources Control Board.
Note: Authority cited: Sections 183, 1058, 1840 and 1841, Water Code. Reference: Sections 13, 1846 and 5103, Water Code.
