State Water Resources Control Board – Pre-1914 Water Rights Diversions / Senate Bill 88; Water Measurement & Reporting Informational Meeting

October 27, 2015

NOTICE OF AVAILABLE WATER TO DIVERT UNDER PRE-1914 WATER RIGHTS FOR THE YUBA, AMERICAN AND SAN JOAQUIN RIVER WATERSHEDS

State Water Resources Control Board (State Water Board) staff has determined that sufficient water is now available to support diversions by all pre-1914 water right holders in the Sacramento-San Joaquin watersheds and Delta.  This includes those water rights subject to the June 12, 2015 and later notices of water unavailability in the Yuba, American and San Joaquin River watersheds.   The notice is applicable beginning Tuesday October 27th and will remain in effect until further notice.  Staff’s determination of water availability is based on precipitation and runoff estimates forecasted by the National Weather Service, unimpaired water supply calculations by the Department of Water Resources and reduced water right demands. During this diversion opportunity, you must comply with all terms and conditions of your water right, especially the season of diversion and bypass conditions.  This notice also does not relieve you of the responsibility to comply with other notices such as a Term 91 notice and orders of curtailment for fishery protection.  You should keep a record of your diversions since such diversions are still subject to prior rights and reporting requirements.  Any diversion in violation of the terms and conditions of your water right, or other notices, are subject to enforcementState Water Board staff will be monitoring weather forecasts and stream gages to determine if the diversion opportunity should continue or be expanded for post-1914 water rights.  Please monitor your email and our website for further updates on the suspension of the notice of water unavailability.  If a lyris notice is issued on the weekend, the website will not be updated until the following Monday due to service limitations.
SWRCB Site   NOTE:  This Lyris notice is posted for members information.  The information is not yet posted to the SWRCB website.  

SENATE BILL 88 – Water Measurement and Reporting Regulation

Senate Bill 88 was signed by Governor Edmund G. Brown Jr. on June 24, 2015. Sections 15 through 18 of SB 88 add measurement and reporting requirements for a substantial number of diverters. The measurement requirements authorized under SB 88 could go into effect on or after January 1, 2016. The State Water Board is adopting a regulation to implement these new provisions.

The legislation authorizes the State Water Board to adopt a regulation requiring measurement for water right holders and claimants who divert 10 acre-feet of water or more per year. The measurement requirement would apply to approximately 12,000 water right holders and claimants. The legislation also authorizes the State Water Board to adopt a regulation requiring annual reporting from statement holders and persons authorized to approriate under a permit, license, registration (small domestic, small irrigation, or livestock stockpond), or certificate for livestock stockpond use.

The legislation authorizes the State Water Board to adopt an initial regulation as an emergency regulation that shall remain in effect until revised by the State Water Board. The adoption of the initial regulation is exempt from the California Environmental Quality Act (CEQA)

The State Water Board anticipates that the new measurement requirements could present challenges to the regulated community. The State Water Board is holding meetings and workshops in affected areas around the state to receive input on key issues to be addressed in the emergency regulation. See the Meetings and Workshops section below for more information. The State Water Board will use the input from the meetings and workshops to shape a draft regulation which will be broadly circulated around the State in mid-November. The draft regulation will be presented for discussion at a State Water Board Workshop on November 18, 2015.

The emergency regulation is tentatively scheduled to be presented to the State Water Board for adoption at its Board meeting on December 15, 2015. If the emergency regulation is approved, it will be sent to the Office of Adminstrative Law for approval. The State Water Board is attempting to have an emergency regulation adopted by January 1, 2016, when the measurement requirements authorized under SB 88 could go into effect.oo

INFORMATIONAL MEETINGS

The State Water Board is scheduling five public meetings to provide the public opportunity to help formulate the proposed regulation to implement the measurement and reporting authority under Senate Bill 88. A quorum of the State Water Board may be present at the meetings. However, no State Water Board action will be taken.

DATE
TIME
LOCATION
November 2, 2015 (Monday)
6:00 – 9:00 pm

Junipero Serra State Office Building, Carmel Room
320 West 4th Street, Los Angeles, CA 90013

November 4, 2015 (Wednesday)
6:00 – 9:00 pm

The City of Redding
777 Cypress Avenue, Redding, CA  96001

November 5, 2015 (Thursday)
6:00 – 9:00 pm

State Office Building, Auditorium
31 East Channel Street, Stockton  95202

November 9, 2015 (Monday)
1:00 – 4:00 pm
CalEPA Building, Coastal Hearing Room
1001 I Street, Sacramento, CA 95812
A webcast of the meeting on November 9 in Sacramento will be available at http://www.calepa.ca.gov/broadcast/
November 12, 2015 (Thursday)
6:00 – 9:00 pm

Steele Lane Community Center
415 Steele Lane, Santa Rosa, CA  95403

 

For more information:

LINK TO SWRCB SITE

SENATE BILL 88

 

 

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