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California Water Transfers 101. Department of Water Resources Role in Water Transfers Jerry Johns, DWR. Sacramento-San Joaquin River Delta (Delta). What is a Water Transfer. A change in the way water is allocated Expand use to new areas
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California Water Transfers 101 Department of Water Resources Role in Water Transfers Jerry Johns, DWR
What is a Water Transfer • A change in the way water is allocated • Expand use to new areas • Allows alternative use without extensive additional facilities • Instream Flow (W.C. 1707) • From a water right perspective • Change in POU, POD, Purpose of Use • Cannot increase the amount or season • Follow the water not the trades
DWR’s Role in Water Transfers Across the Delta • Operator of the State Water Project • Water Supply Planning Agency
WaterTransfers- Making Sure the Check Clears the “Bank” Deposit 5 840 Costs 1 60 400 120 500 Withdrawal 4
Some General Policies on Water • Water belongs to the people of the State • A water right is a usufruct right • Prohibition against waste or unreasonable use • Water rights can be lost through non-use • To transfer water the transferor must have underlining rights to the water (water right or contract right) • Water transferred legally cannot be lost
Types of Surface Water Rights • Pueblo • Riparian • Federal Reserved • Appropriative • Pre-1914 • Section 12 • Post-1914 • Prescriptive • Adjudicated
Types of Transfers • Surface Water • Stored Water • Reduction in Direct Use of Surface Water • Crop Idling • Water Conservation • Alternative Source of Water ( e.g.groundwater not directly connected to the surface system) • Groundwater
Types of Transfers Cont.. • Groundwater • Direct Use Transfer of Groundwater • Basically a groundwater appropriation • Restrictions - WC 1220 for Sacramento Basin • “Banked” Groundwater • Use of Groundwater in lieu of Surface Water (actually a surface water transfer see above)
Three Rules Related to Water Transfers • “No injury” to any legal user of water (Water Code 1702, 1706, 1727, 1736, 1810) • “No unreasonable effects” to fish or wildlife (Water Code 1727, 1736, 1810) • “No unreasonable economic impacts” to overall economy of the county from which the water is transferred. (Use of SWP - Water Code 1810)
No Injury Rule • No injury to other legal users of water • Not just prior users - any other user • Protects juniors from seniors • Based in old court cases, now in statute • Applies to both pre and post 1914 rights (1706, 1702, 1727, 1736) • What’s legal injury vs. impact- Imported water/ watershed protection
“No Injury” Issues • Stored Water • Conditions absent the water transfer • Refill impacts • Water Diverted Direct to Use • Crop shifting, Crop idling • Use of Groundwater in lieu of Surface Water • Direct use of Groundwater (not out of Sacramento Watershed - WC 1220) • Water Conservation Efforts
6 ET Agricultural Water UseWithout water conservation 20 5 Diversion 15 CU=7 Return Flow 8 13 Deep percolation to salt sink - 1
6 ET Agricultural Water UseWith water conservation(No change in consumptive use) 20 10 Diversion 10 5 CU=7 3 13 Deep percolation to salt sink - 1 Return Flow 8
4 ET Agricultural Water UseWith water conservation(With change in consumptive use) 20 7 Diversion 13 CU=5 Return Flow 8 15 Deep percolation to salt sink - 1
Local Economic Effects • Focuses mostly on crop idling or shifting • Some positive aspects in today’s crop market • Focus on dry years (about 1/3 of years) • If fallowing greater than 20% - hearing • Effects on local economy related to farming • Reinvestment in local economy • Farm jobs and services related to lost jobs
Water Transfer Programs by CalFed Agencies in the last four water years Program Type SWP/CVP EWA DWR Dry Year CVP Dry Year CVPIA -refuge -instream (SJRA) ERP Others Totals 2001 Dry 39%/49% UOD/SOD (TAF) 105/159 138/0 160/0 25/43 109/0 0 10/0 547/202 749 2002 Dry 70%/70% UOD/SOD (TAF) 145/97 22/0 0 0/63 110/0 0 5/0 282/160 442 2003 AN 90%/75% UOD/SOD (TAF) 70/145 134*/0 0 0/70 91/0 0 0 295/215 510 2004 BN 65%/70% UOD/SOD (TAF) 120/35 1/0 0 0/108 98/0 0 0 219/143 362 *includes 123 TAF for the Colorado River Contingency Program by Metropolitan Water District of Southern California supported by DWR
DWR Principles Related to Water Transfers • Local Leadership • Assuring Adequate Local Water Supplies. • No Injury to Legal Users • Protection of Fish and Wildlife • Economic Effects • Water management strategies designed to avoid unreasonable county-wide economic impacts.
Summary • Water Transfers are working • Water Transfers that work best are those that • avoid injury to water users • address fish and wildlife issues • sensitive to economic issues • Economic issues evaluated in EWA EIS/R • Long-term water transfers are in our future • Environmental Water Account (EWA) • Waterfowl refuges • Instream flows • Water supply urban users and permanent crops
6 ET Groundwater Substitution Transfers(Base Conditions) 20 5 Diversion 15 13 CU=7 Return Flow 8 Deep percolation to salt sink - 1
6 ET Well Water Groundwater Substitution Transfers(With Groundwater Pumping) 20 10 Diversion 10 5 18 CU=7 Return Flow 8 Deep percolation to salt sink - 1
SPRING Storage Refill w/o transfer 40 100% 100 100 100 before transfer refill 40 with transfer refill 60 FALL 60 40 60 Transfer 20 WINTER 80 100 Reservoir Refill Due to a Stored Water Transfer
DWR as Operator of the SWP • Check for possible injury issues related to water transfers effects on the SWP • Responsible for meeting inbasin demands and Delta Standards in coordination with the USBR for the CVP • Provide appropriate System-wide credits for water transfers through adjustments in COA accounting • Provide available pumping capacity in the Delta for water transfers (see W.C. 1810)
DWR as Water Supply Planning Agency • Purchase water for the EWA and the State’s Dry Year Program • Negotiate water transfer agreements • Define types of water transfers in which DWR will participate, recognizing legislative guidance in the Water Code • Evaluate water transfers from statewide perspective protecting the needs of the areas of origin
Water Supply Planning Agency Cont. • Work with CALFED agencies to provide information on water transfers • Water Transfers Papers - 2002 • Provide information on water transfer to interested parties (see website www.watertransfers.water.ca.gov) • “On Tap” Data Base and Web site - historic transfers