The State Water Board issued a draft emergency regulation on Monday for measuring and reporting the diversion and use of water pursuant to Senate Bill 88. The Board also recently announced it will hold a workshop in Sacramento on Dec. 17 to hear public comments on the proposed emergency regulation. Details regarding the workshop are available here.

Signed by Gov. Jerry Brown on June 24, SB 88 adds certain measurement and reporting requirements for all water right holders diverting 10 acre-feet of water or more per year. This reporting requirement will affect all water users required to file statements of diversion and use, including those diverting pursuant to a riparian or pre-1914 appropriative water right.

Several key provisions of the draft regulation are worth noting:

• All water right holders will be required to report on their diversion and use of water annually.
• When the amount of water available in a surface water source is not sufficient to support the needs of existing water right holders, the Board may require monthly or more frequent reporting to assess water demand and determine which water right holders will receive notices of water unavailability.
• The draft regulation provides for a phased approach to compliance, which is based on the amount of water diverted. For example, a water right holder with a right to divert 1,000 acre-feet of water per year or more has a compliance deadline of July 1; while those diverting between 10 and 100 acre-feet of water per year have until Jan. 1, 2018.
• The draft regulation also links both device accuracy and monitoring frequency to the volume categories exemplified above. Large diversions are proposed to have more stringent measurement and monitoring requirements. For example, a water right holder with a right or a claimed right to divert 1,000 acre-feet of water per year or more would be required to install a measuring device that reports on an hourly or more frequent basis, while those diverting between 10 and 100 acre-feet would need to report on a weekly basis.
• Measuring devices will be subject to certifications of accuracy and calibration, and greater scrutiny. Water rights holders will be required to submit further information to the Board about their existing measuring devices by mid-2016, within 30 days of calibrating devices or installing new devices, and then again at five-year intervals during use.
• The draft regulation also provides alternative means for compliance with the regulation, provided a water right holder files such a request with the deputy director for the Division of Water Rights.

The Board fully anticipates that the new measurement requirements will present challenges to many water users. In response, the Board is seeking public comment and holding workshops in affected areas around the State to receive input on key issues to be addressed in the emergency regulation, which is tentatively scheduled to be presented to the Board for adoption at its second meeting in January. The public comment period on the regulation closes on Dec. 17 at noon.