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Statement of Water Diversion and Use Program

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General Information

California law requires each person or organization that uses diverted surface water or pumped groundwater from a known subterranean stream to: 1) file a Statement of Water Diversion and Use (Statement); or 2) file an application to appropriate water with the State Water Resources Control Board (State Water Board), Division of Water Rights (Division). A Statement should be filed if water is diverted and used under a claim of riparian entitlement to the natural stream flow. A valid riparian claim is a vested right that is superior to any permit or license issued by the Division to appropriate water. Therefore, it is advantageous to document the riparian claim by filing a Statement for all or part of the diversion. A Statement should also be filed for water appropriated prior to the establishment of the State Water Commission (the predecessor to the State Water Board) on December 19, 1914, regardless of whether it was recorded in the county or if the diversion occurred after January 1, 2009 and is not covered by a permit or license.

A Statement should not be submitted where:

The diversion is from a spring that does not flow off the property on which it is located and from which the person’s aggregate diversions do not exceed 25 acre-feet in any year;
the diversion is covered by a registration for small domestic or livestock stockpond uses, or covered by a State Water Board stockpond certificate issued for ponds with a storage capacity of 10 or less acre-feet in either program;
the diversion is covered by a permit or license to appropriate water that is on file with the Division;
a notice is filed with the State Water Board for the recordation of groundwater extractions and diversions in Los Angeles, Riverside, San Bernardino, and Ventura Counties;
a diversion is regulated by a Watermaster appointed by the Department of Water Resources (Department) and included in annual reports filed with a court or the State Water Board by the Watermaster, which reports identify the persons who diverted water and describe the general purposes and the place, the use, and the quantity of water that has been diverted from each source; or
a diversion is included in annual reports filed with a court or with the State Water Board by a Watermaster appointed by a court or filed pursuant to statute to administer a final judgment determining rights to water, which reports identify the persons who have diverted water and give the general place of use and the quantity that has been diverted from each source.

or the diversion occurred before January 1, 2009 where:

The diversion is from a spring that does not flow off the property on which it is located and from which the person’s aggregate diversions do not exceed 25 acre-feet in any year;
the diversion is covered by an application to appropriate water on file with the board;
the diversion is included in the consumptive use data for the Delta lowlands published by the Department in its hydrologic data bulletins; or
the Department reports the diversion in its annual hydrologic data bulletins.

Failure to file a statement for each diversion that occurred after January 1, 2009 may be subject to civil liabilities that carry a maximum fine of $1,000 plus $500 for each day the violation continues after 30 days of the State Water Board notification of the violation.

The main purpose of the Statement Program law is to create a central repository for records of diversions and uses of water. This repository differs from the records of appropriated water rights that are permitted and licensed. The law also enables the Division to notify water users about applications to appropriate water that might affect their supply. The information collected from the Statements helps the Division to protect the rights of existing and known diverters and to evaluate whether there is a reasonable likelihood that water is available for appropriation for new applications. In the future, water use reported on Statements and in reports required under the appropriation process will also help the Division to assure the proper allocation of the State’s water resources. There are no fees associated with the Statement Program.

The initial Statement should be completed for each point of diversion and should identify the amount of water used during the first calendar year. The Statement must be filed with the Division before July 1 of the following year. Once a Statement is received at the Division, it is reviewed for acceptability in accordance with the bulleted conditions listed above. The Division will assign a Statement Number to acceptable Statements. If a Statement is inadequate, the Division will notify the diverter of the deficiencies. All correspondence concerning these Statements should refer to the assigned Statement Number.

Supplemental Statements

Supplemental Statements are filed by the owner or agent of record contained in the Division’s database at three-year intervals through the Water Rights Management System (RMS) and must be filed with the Division prior to July 1 of that year. The Division will notify Statement holders when the triennial report is due. Changes in the name and address of the person diverting the water should be made on the Supplemental Statement, or online using the Change of Name/Address or Ownership form so that the Division’s database can be updated. If the location of the existing point of diversion as identified on the Supplemental Statement has changed, the new location must be identified. If there is a new point of diversion, a separate Statement must be filed with the Division.

If the notification to file the triennial Supplemental Statement is returned to the Division from the U.S. Postal Service, the diverter’s water use will be considered inactive and the Division’s database will be modified to reflect this status. This database modification will prompt the Division to stop mailing Supplemental Statements and notices of proposed appropriations. The Division must be notified if a diverter wishes to reactivate an inactive Statement in order to record their diversion and use of water.

If you have been notified to file an online Supplemental Statement you can access the Report Management System (RMS) at eWRIMS Online Reporting.

Water Diversion Measurement & Workshop

In 2009, the California Water Code was modified to require diverters of water who file Statements to measure their monthly water diversions beginning in January 2012. Amended California Water Code section 5103 subdivision (e)(1) states the following:

“On and after January 1, 2012, monthly records of water diversions. The measurements of the diversion shall be made using best available technologies and best professional practices. Nothing in this paragraph shall be construed to require the implementation of technologies or practices by a person who provides to the [State Water Board] documentation demonstrating that the implementation of those practices is not locally cost effective.”

Notice of Opportunity to Comment - Guidance for Complying with Water Diversion Measurement Requirements for Statement Holders (including the draft Statement Form) (posted 10/24/11)

Comments Received - Deadline was November 18, 2011 by Noon (posted 12/13/11)
Final Guidance for Complying with Water Diversion Measurement Requirements for Statement Holders (including final Statement Form) (posted 12/15/11)

On July 21, 2011 the State Water Resources Control Board held a workshop (see notice | agenda) to consider information regarding water diversion measurement under Water Code section 5103 (e), (1) which requires diverters of water who file Statements of Water Diversion and Use (Statements) to measure their monthly water diversions beginning in January 2012 and (2) Title 23 of the California Code of Regulations sections 920, 925 and 929, which requires Statement holders, water right permittees and water right licensees, respectively, to report their maximum rate of diversion achieved during each month. The informal workshop included presentations on water diversion measurement, including practices, requirements, and trends. The workshop also gave an opportunity for participants and stakeholders to provide comments. See the comment letters.

The following presentations were given at the July 21, 2011 Water Measurement Workshop:

Water Diversion Measurement Workshop by Richard Satkowski, SWRCB, Division of Water Rights
Statements of Water Diversion & Use Water Diversion Measurements by Craig Wilson, Delta Watermaster
Independent Panel on Appropriate Measurement of Agricultural Water Use by Chris Kapheim, Panel Member
SBX7-7 Rulemaking Process by Kent Frame, Department of Water Resources
Policy for Maintaining Instream Flows in Northern California Coastal Streams by Aaron Miller, SWRCB, Division of Water Rights
In addition, Measurement of Delta Agricultural Diversions – July 2011, a report by Patrick L. Stiehr, P.E., Watermark Engineering, Inc., and commissioned by O'Laughlin & Paris, LLP, was presented by Valerie C. Kincaid on behalf of the San Joaquin River Group Authority. Comments on the report were provided by BSK Associates on September 6, 2011.
Water Measurement Information

To get the latest developments on Water Diversion Measurement you can subscribe to the Division’s “Water Measurement” email subscription list located on the State Water Board’s Website.

eWRIMs (Electronic Water Rights Information Management System)

eWRIMS General Information
eWRIMS Database System (Public Water Rights Database)
eWRIMS Online Reporting