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Statements of Water Diversion and Use Due July 1, 2010 June 8, 2010 by Nicholas A. Jacobs njacobs@somachlaw.com |
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Unless you are diverting surface water pursuant to an appropriative water rights permit or license, and subject to certain exceptions, surface water diverters must file an Initial Statement of Water Diversion and Use (Statement) with the Division of Water Rights of the State Water Resources Control Board (State Water Board) by July 1, 2010. Diverters that fail to meet the deadline may be subject to an initial $1,000 penalty, and additional fines of $500 per day if the violation continues after 30 days of a violation notification from the State Water Board. The reporting requirements apply to: • Riparian water users; • Holders of pre-1914 appropriation rights; • Water users with pending water right applications. The reporting requirements do not apply to: • Homeowners and property owners served by municipal water supplies; • Contract water users; • Post-1914 licensed/permitted appropriators (such diversions should be reported on a Report of Permittee or Licensee Report); • Water diverters that previously filed a Statement (the diverter should continue to file triennial supplemental statements on the next reporting due date). Further, a Statement should not be submitted where: • The aggregate diversions do not exceed 25 acre-feet per year from a spring that does not flow off the property on which it is located; • The diversion is covered by a registration for small domestic or livestock stockpond uses with a storage capacity of less than 10 acre-feet constructed prior to January 1, 1969, with a water right certificate; • The diversion is regulated by a state watermaster; • The diversion is included in annual reports filed with a court or with the State Water Board by a watermaster established by a court or by statute; • A notice is filed with the State Water Board for recordation of groundwater extractions and diversions in some Southern California counties; • The diversion occurred before January 1, 2009 where: • The Department of Water Resources (Department) reports the diversion in its annual hydrologic data bulletins; • The diversion is included in the consumptive use data for the Delta lowlands published by the Department in its hydrologic data bulletins; • The diversion is covered by an application to appropriate water on file with the State Water Board; and • The aggregate diversions do not exceed 25 acre-feet per year from a spring that does not flow off the property on which it is located. Procedure for filing the Statement: • The diverter must fill out the State Water Board’s Statement form; • The diverter must file the Statement form on paper; • The diverter must file a separate Statement for each point of diversion; • The reporting is for water diverted and used between January 1, 2009 and December 31, 2009; • The Statement must be filed with the State Water Board’s Division of Water Rights. Future procedures: • After the initial Statement, supplemental statements are required at three-year intervals; • Supplemental statements would be filed using an online system beginning in 2011; • On January 1, 2012, the reporting of precise monthly diversion and storage amounts becomes mandatory. The Statement form may be accessed through the State Water Board’s website at http://waterboards.ca.gov/waterrights/water_issues/programs/diversion_use/index.shtml. For further information related to the Initial and Supplemental Statements of Water Diversion and Use, please contact Nicholas A. Jacobs at (916) 469-3826 or njacobs@somachlaw.com. Somach Simmons & Dunn provides the information in its Environmental Law & Policy Alerts and on its website for informational purposes only. This general information is not a substitute for legal advice, and users should consult with legal counsel for specific advice. In addition, using this information or sending electronic mail to Somach Simmons & Dunn or its attorneys does not create an attorney-client relationship with Somach Simmons & Dunn. |
