AB 2357, as amended, Dahle. Water rights: measurement of diversion.
Existing law requires a person who diverts 10 acre-feet of water per year or more under a permit or license to install and maintain a device or employ a method capable of measuring the rate of direct diversion, rate of collection to storage, and rate of withdrawal or release from storage, as specified, and with certain exceptions.
This bill wouldbegin delete make a nonsubstantive change to this provision.end deletebegin insert delay those requirements for 2 years.end insert
Vote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1840 of the Water Code is amended to
2read:
(a) (1) Except as provided in subdivision (b), a person
4who, on or after January 1,begin delete 2016,end deletebegin insert 2018,end insert diverts 10 acre-feet of
5water per year or more under a permit or license shall install and
6maintain a device or employ a method capable of measuring the
7rate of direct diversion, rate of collection to storage, and rate of
P2 1withdrawal or release from storage. The measurements shall be
2made using the best available technologies and best professional
3practices, as defined in Section 5100, using a device or methods
4satisfactory to the board, as follows:
5(A) A device shall be capable of continuous monitoring of the
6rate and quantity of water diverted and shall be properly
7maintained. The permittee or licensee shall provide the board with
8evidence that the device has been installed with the first report
9submitted after installation of the device. The permittee or licensee
10shall provide the board with evidence demonstrating that the device
11is functioning properly as part of the reports submitted at five-year
12intervals after the report documenting installation of the device,
13or upon request of the board.
14(B) In developing regulations pursuant to Section 1841, the
15board shall consider devices and methods that provide accurate
16measurement of the total amount diverted and the rate of diversion.
17The board shall consider devices and methods that
provide accurate
18measurements within an acceptable range of error, including the
19following:
20(i) Electricity records dedicated to a pump and recent pump test.
21(ii) Staff gage calibrated with an acceptable streamflow rating
22curve.
23(iii) Staff gage calibrated for a flume or weir.
24(iv) Staff gage calibrated with an acceptable storage capacity
25curve.
26(v) Pressure transducer and acceptable storage capacity curve.
27(2) The permittee or licensee shall maintain a record of all
28diversion monitoring that includes the date, time, and diversion
29rate
at time intervals of one hour or less, and the total amount of
30water diverted. These records shall be included with reports
31submitted under the permit or license, as required under subdivision
32(c), or upon request of the board.
33(b) (1) The board may modify the requirements of subdivision
34(a) upon finding either of the following:
35(A) That strict compliance is infeasible, is unreasonably
36expensive, would unreasonably affect public trust uses, or would
37result in the waste or unreasonable use of water.
38(B) That the need for monitoring and reporting is adequately
39addressed by other conditions of the permit or license.
P3 1(2) The board may increase the
10-acre-foot reporting threshold
2of subdivision (a) in a watershed or subwatershed, after considering
3the diversion reporting threshold in relation to quantity of water
4within the watershed or subwatershed. The board may increase
5the 10-acre-foot reporting threshold to 25 acre-feet or more if it
6finds that the benefits of the additional information within the
7watershed or subwatershed are substantially outweighed by the
8cost of installing measuring devices or employing methods for
9measurement for diversions at the 10-acre-foot threshold.
10(c) At least annually, a person who diverts water under a
11registration, permit, or license shall report to the board the
12following information:
13(1) The quantity of water diverted by month.
14(2) The maximum rate of diversion by months in the preceding
15calendar year.
16(3) The information required by subdivision (a), if applicable.
17(d) Compliance with the applicable requirements of this section
18is a condition of every registration, permit, or license.
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