Section 932 - Applicability(a) Except as provided in subdivision (d), the following diverters shall install and maintain a measuring device or employ a measurement method capable of measuring the rate of diversion, rate of collection to storage, the rate of withdrawal or release from storage, and the total volume of water diverted or collected to storage: (1) Any person authorized to divert greater than 10 acre-feet of water per year under a permit or license.(2) Any person who has previously diverted or intends to divert greater than 10 acre-feet of water per year and is required under Water Code Part 5.1 to file a Statement of Water Diversions and Use.(3) Any person authorized to divert greater than 10 acre-feet of water per year or to have a storage facility with a capacity greater than 10 acre-feet under a registration.(b) A diverter with multiple claimed rights shall install and maintain a measuring device or employ a measurement method for all water rights to divert from the same point of diversion or serving the same place of use if the sum of the diverter's multiple claimed rights to divert from the same point of diversion or serving the same place of use exceeds 10 acre-feet per year, or exceeds such other measurement threshold as the deputy director may establish under subdivision (d) of this section. Measurement methods employed by a diverter with multiple claimed rights shall be capable of measuring the rate of diversion, rate of collection to storage, the rate of withdrawal or release from storage, and the total volume of water diverted or collected to storage.(c) Effective Dates. (1) The deadlines for the installation and certification of measuring devices or the adoption of a measurement method shall be: (A) On or before January 1, 2017, for a diverter with a right or a claimed right to divert 1000 acre-feet of water per year or more.(B) On or before July 1, 2017, for a diverter with a right or a claimed right to divert 100 acre-feet of water per year or more.(C) On or before January 1, 2018, for a diverter with a right or a claimed right to divert greater than 10 acre-feet of water per year.(2) For a diverter with multiple claimed rights, the deadlines for the installation and certification of measuring devices or methods shall be as follows for each point of diversion or place of use shared by multiple claimed rights: (A) On or before January 1, 2017, where the sum of all the multiple claimed rights to divert from the same point of diversion or to serve the same place of use is 1000 acre-feet of water per year or more.(B) On or before July 1, 2017, where the sum of all the multiple claimed rights to divert from the same point of diversion or to serve the same place of use is 100 acre-feet of water per year or more.(C) On or before January 1, 2018, where the sum of all the multiple claimed rights to divert from the same point of diversion or to serve the same place of use is greater than 10 acre-feet of water per year.(D) In the event of any conflict between deadlines for a diverter with multiple claimed rights, the more stringent requirement shall control.(d) Increasing the Measurement Threshold. (1) Beginning January 1, 2017, the deputy director may issue orders to increase the 10 acre-feet measurement threshold of subdivision (a) in a watershed or subwatershed incrementally to or above 25 acre-feet. The deputy director may authorize an increased measurement threshold after: (A) Considering the total monthly quantities of water diverted in relation to the monthly quantity of water available within the watershed or subwatershed; the requirements of any policy, decision or order of the board or a court; and the need for diversion and bypass information to evaluate impacts from the diversions of water to public trust resources. The deputy director may require submission of documentation on the nature and scope of diversions in the watershed prior to issuing the order; and(B) Reviewing any relevant information submitted by affected diverters, federal, state, local, or tribal governments, or other interested parties regarding a proposed increase in reporting threshold; and(C) Determining that the benefits of the additional reporting information at a specific measurement threshold are substantially outweighed by the cost of installing measuring devices, or employing measurement methods, or employing alternative compliance plans; and(D) Determining that increasing the measurement threshold will not injure public trust resources or any threatened, endangered, or fully protected fish.(2) The deputy director shall not increase the measurement threshold in a watershed or subwatershed above those established in any other regulation, policy, decision, order or other legal requirement adopted by the board, a Regional Water Quality Control Board, or a court, unless the change is authorized by such previous requirements.(3) The deputy director may review each proposal to increase the reporting threshold on a case-by-case basis.(4) The deputy director may authorize an increased measurement threshold for a period not to exceed five years. If changing conditions warrant, the deputy director may modify or cancel any such authorization.(5) The deputy director shall maintain and post on the board's website a list of measurement thresholds for watersheds or subwatersheds where the measurement threshold is greater than 10 acre-feet.(6) A decision or order issued under this section by the deputy director is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code, and all applicable sections of this title.(e) Other Measurement and Monitoring Requirements.(1) Any person with a water right identified in or subject to a statute, order, policy, regulation, decision, judgment or probationary designation of the board, a Regional Water Quality Control Board, or a court is responsible for meeting the terms and conditions of the statute, order, policy, regulation, decision or judgment and the requirements of this chapter. If there is any conflict or inconsistency between the measurement and monitoring requirements subject to the statute, order, policy, regulation, decision, judgment or probationary designation and the requirements of this chapter, the more stringent requirement or requirements shall control in each instance.(2) A permit, license, or registration holder is responsible for meeting the conditions of the permit, license, or registration and the requirements of this chapter. If there is any conflict or inconsistency between the permit, license, or registration condition for measurement and monitoring and the requirements of this chapter, the more stringent requirement or requirements shall control in each instance.(f) Failure to maintain a measuring device, employ a measurement method, or implement an alternative compliance plan in accordance with the requirements of this chapter is a violation subject to civil liability of up to $500 per day pursuant to Water Code section 1846.Cal. Code Regs. Tit. 23, § 932
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 1058, 1840 and 1841, Water Code. Reference: Sections 13, 1122, 1123, 1846 and 5103, Water Code.
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.