Policy for Maintaining Instream Flows in Northern California Coastal Streams

1. Policy for Maintaining Instream Flows in Northern California Coastal Streams Monitoring and Reporting Provisions for Water Rights Victoria Whitney Deputy Director State Water Resources Control Board

2. Overview • Instream Flow Policy: applies to new water right permits • New statutes regarding measurement and monitoring and reporting: applies to riparians and pre-1914 appropriators as well as illegal diverters • New regulations regarding online reporting: applies to all water right holders and claimants • Proposed Frost Protection Regulations: applies to all users in the Russian River watershed • Other states

3. Instream Flow Policy Summary • Adopted May 4, 2010 • Effective September 28, 2010 • Contains: • Guidelines for assessing impacts of water diversions on fishery resources for purposes of water right administration • Enforcement Provisions • Monitoring and Reporting Provisions

4. Type of Data -- Monitoring Required • Diversion data: amount of water diverted, season over which diversion occurs, bypass flow past the diversion, rate of water diversion • Streamflow data: needed for the State Water Board to effectively manage watershed systems

5. Monitoring and Reporting of Diversions • Continuous monitoring of diversions –demonstrate compliance with permit terms relating to bypass flow, season of diversion and rate of diversion. • Direct diversions and diversions to storage - monitor and report the timing and quantity of water actually diverted from the stream. • Onstream reservoirs - monitor reservoir levels, releases from the reservoir to the stream channel, and withdrawals from the reservoir.

6. Monitoring and Reporting of Diversions • “Continuous” recording consists of recording time intervals of one hour or less • Data reporting • Annual Reports of Progress by Permittee • Reports of Licensee, or whenever requested by the State Water Board

7. Monitoring and Reporting of Streamflows • Monitoring approaches: • Install automated flow measuring devices downstream of the point of diversion that record river stage/flow data on an hourly (or more frequent) basis • Participation in a regional monitoring and reporting program

8. Reporting of Streamflow Data • When resources become available, the State Water Board intends to implement real-time electronic monitoring and reporting of streamflows. • Permit terms will require electronic reporting to begin after the State Water Board shows that the program and infrastructure are in place to accept real-time electronic reports.

9. Reporting of Streamflow Data • Independent of whether the State Water Board’s program is implemented, streamflow monitoring data shall be transmitted, not less than hourly, to an internet site accessible to the State Water Board and the public. • Streamflow monitoring data shall also be submitted with either the Progress Reports by Permittee or Report of Licensee, or whenever requested by the State Water Board.

10. New Statutory Requirements • Water Code Section 5103: • Beginning January 1, 2012, monthly records of water diversions. made using best available technologies and best professional practices. • Water Board may determine that the implementation of those practices is not locally cost effective after review of information submitted by the user. • Loans and grants awarded or administered by the DWR, the Water Board, or the California Bay-Delta Authority shall be conditioned on compliance with the monitoring requirement • Water Board may determine a person is eligible for a grant or loan even though the person is not complying with the monitoring requirements, if both: • (i) The Water Board determines that the grant or loan will assist the recipient in complying with the requirement and • (ii) The person has submitted to the Water Board a one-year schedule for complying with the requirement

11. New Statutory Requirements • Water Code Section 5107: penalties • Willful misstatement: $1000 or up to six months in County jail • Failure to file: $1000 plus $500/day after 30 days • Physical malfunction or unintentional misstatement: $250 plus $250/day after 60 days • Tampering or intentional misstatement: $25,000 plus $1000/day after 30 days • Other violations: $500 plus $250/day after 30 days

12. New Requirements Regarding Reporting of Diversions and Use of Water • Water Code Section 348 (a) • DWR or the Water Board may adopt emergency regulations to require the electronic filing of reports of water diversion or use under the Water Code • Water Board adopted regulations requiring electronic reporting on November 2, 2010 • The draft regulations are effective upon approval by the office of administrative law and filing with the Secretary of State

13. Other Activities-Frost Protection • Proposed rule: applies to all water right holders and claimaints who divert surface and interconnected groundwater from the Russian River watershed • Would require monitoring of: • instantaneous water diversion rates for each water diversion thatthe board has determined to be significant and • flows in the Russian River mainstem and any tributaries that support anadromous fish • Would provide for the transmission of monitoring data, in an appropriate format, not less than hourly, to an internet site accessible to the board.

14. Other States • Washington http://www.ecy.wa.gov/programs/wr/measuring/measuringhome.html • Kansas http://www.ksda.gov/includes/document_center/appropriation/DWR_forms/MeterRegs.pdf

15. Contact Jim Kassel, Assistant Deputy Director Division of Water Rights jkassel@waterboards.ca.gov