July/August 2016 California Cattleman

KEEPING IN COMPLIANCE SWRCB Guidance on Measurement and Reporting Regulations

by CCA Director of Government Affairs Kirk Wilbur changes in the law through legislation By now, most CCA members Diversion and Use Reporting and through our lobbying efforts are well-aware of SB 88, a budget Under the new regulations, all water before the SWRCB. For instance, trailer bill passed as part of the 2015 rights holders must report annually CCA has co-sponsored legislation, AB budget which required the State Water on their diversion and use of water, 2357 (Dahle), which would provide Resources Control Board (SWRCB) regardless of the size of diversion relief from the regulations for stock to adopt emergency regulations for (unlike other provisions of the ponds that are not filled year-round. the measurement and monitoring of emergency regulation, this requirement AB 2357 passed out of the Assembly all water diversions over 10 acre-feet even applies to diversions under 10 per year and which required annual with overwhelming support, and as acre-feet annually). This is a significant reporting of all water diversions of press time was before the Senate change in the law, as statement holders regardless of size. CCA was adamantly Committee on Natural Resources were previously only required to report opposed to SB 88; unfortunately, and Water. Additionally, because every three years and registration because the legislation was a budget the emergency regulation gives the holders previously only reported trailer bill it avoided the typical hearing Deputy Director of the Division of every five years. Reports must be filed process, and there was very little Water Rights the discretion to raise the electronically, via the SWRCB’s Report opportunity to voice opposition to the reporting threshold above 10 acre-feet Management System (RMS) available bill and even less opportunity to defeat on a watershed-by-watershed basis at https://ciwqs.waterboards.ca.gov/ it. On Jan. 19, the SWRCB formally after Jan. 1, 2017, CCA will actively ciwqs/ewrims_online_reporting/login. adopted an emergency regulation for lobby the SWRCB to exempt the jsp (RMS will also be used to report measuring and reporting the diversion smallest diverters from the emergency the monitoring data required by the of water. regulation’s requirements nearer to that emergency regulations for diversions In May, the SWRCB released effective date. over 10 acre-feet). Deadlines for information via its website intended to Nevertheless, the emergency reporting are found in the chart below. assist diverters in complying with the monitoring and reporting regulation emergency measuring and reporting adopted in January is current law, and Measuring and Monitoring regulations. The purpose of this article is set to go into effect for the largest Under the emergency regulations is to convey those details to CCA diverters on January 1, 2017. Given adopted in January, all water rights members who are affected by the this reality, CCA would like to provide holders who divert 10 or more acreregulation. (The SWRCB’s Website for feet of water annually will be required diverters with information about how Water Use Reports and Measurement to install a measuring device at their to comply with the regulations as early can be accessed at http://www.swrcb. point(s) of diversion. The requirements as possible to ease the compliance ca.gov/waterrights/water_issues/ for these measuring devices vary based burden upon ranchers. programs/diversion_use/water_use. on the size and type of the diversion, shtml.)

CCA remains WATER USE REPORT DEADLINES DIVERSION/ strenuously opposed to STORAGE PERIOD PERMITS LICENSES STATEMENTS REGISTRATIONS CERTIFICATES these onerous regulations, 2015 JULY 1, 2016 JULY 1, 2016 JULY 1, 2016 VARIES NOT REQUIRED and is actively seeking 2016 AND BEYOND APRIL 1, 2017 APRIL 1, 2017 JULY 1, 2017 APRIL 1, 2017 APRIL 1, 2017 78 California Cattleman July • August 2016