New Efficiency Requirements for Agricultural Water Suppliers
In November 2009, three years of drought, decades of political gridlock in the Delta and the worst economy the state had seen since the Great Depression culminated in the passage of the most comprehensive package of water legislation since the State Water Project was built mid-20th century.
Touching on nearly every facet of water management — from water quality, transfers and storage to environmental restoration and governance in the Delta — the package also contained specific legislation aimed at advancing water conservation efforts in both the urban and agricultural water sectors. That piece of legislation is known as SBX7 7.
Although much of the attention has been focused on urban water conservation, SBX7 7 also requires all agricultural water suppliers providing water to 25,000 irrigated acres or more (excluding acres that receive only recycled water) to measure the volume of water delivered to their customers.
Under the legislation, they must also adopt a pricing structure based, at least in part, on the quantity of water delivered, and implement additional efficient management practices.
The deadline for implementing these requirements is July 1, 2012.
But that’s not the only deadline suppliers face: By Dec. 31, 2012, they must document their compliance by preparing agricultural water management plans. The plans will be updated by Dec. 31, 2015, and every five years thereafter. Beginning in 2013, non-compliant agencies will be ineligible for state water grants or loans.
Over the past year, regulatory and planning actions to implement these new agricultural water provisions have been gaining momentum. Below is a summary of the current state of play and elements on the near-term horizon.
Agricultural Water Measurement Regulation
The Department of Water Resources (DWR) is currently working to adopt a permanent regulation addressing agricultural water volume measurements based on an emergency regulation it adopted in June.
To assist in the development of the regulation, DWR convened the Agricultural Stakeholder Committee (ASC) in September 2010 composed of agricultural water agencies, production agriculture, environmental and academic representatives.
The ASC has been asked to review technical materials and documents and provide comments, data and supporting information to DWR. With help from respected agricultural water consultants, the staff prepared a series of technical documents and conducted listening sessions and ASC meetings that were used to frame the scope of several drafts of the regulation.
The proposed water measurement regulation provides for a range of measurement options that agricultural water suppliers may use to measure the volume of water delivered to customers so that they can comply with existing farm-gate delivery measurement requirements and adopt a compliant water pricing structure.
The text of the proposed regulation provides agricultural water suppliers with:
- The criteria needed to determine applicability of the water measurement requirement;
- Definitions needed to clarify terms used in the regulation and specify the meanings for the purposes of applicability of the regulation;
- A range of water measurement options for various conditions;
- Accuracy standards for water measurement devices and provisions for certification and performance requirements;
- Reporting and compliance procedures.
DWR had aimed to adopt the permanent regulation by July 31, 2011, in order to have the regulations in place a full year before water suppliers are required to be in compliance. However, the drafting and the emergency rulemaking processes turned out to be more extensive than any participants had expected.
On July 12, DWR submitted to the Office of Administrative Law a Certificate of Compliance that initiated the regular rulemaking process for the adoption of a permanent agricultural water measurement regulation. That action started a 45-day comment period on the proposed permanent regulation, which ended on Sept. 6. (The proposed permanent regulation is available at water.ca.gov.)
DWR has since held two public hearings to accept comments on the proposed permanent regulation, and plans.
DWR plans to inform the California Water Commission (CWC) about the updated regulation. At press time, it was unclear whether the CWC would take action at its Sept. 21 meeting, starting a 15-day public comment period for possible adoption by the CWC at its October meeting.
Once adopted by the CWC, DWR will submit the regulation to the Office of Administrative Law for approval. Regardless of the final date of adoption, agricultural water suppliers are still required to implement the water measurement regulations by July 31, 2012.
Delta Watermaster and the Reasonable Use Doctrine
The 2009 water legislation created another new regulatory element that affects agricultural water use: the Office of the Delta Watermaster.
Housed within the Division of Water Rights of the State Water Resources Control Board, the Delta Watermaster is responsible for overseeing the day-to-day administration of water rights, enforcement activities, and reports on water right activities involving diversions within the Delta.
Shortly after being named to the post in early 2011, Delta Watermaster Craig Wilson released a controversial report on the reasonable use doctrine and agricultural water use efficiency.
In his report, Wilson suggested that “inefficient” agricultural water use could be considered “unreasonable use” and could be subject to constitutional prohibitions. The report claims that while many growers use water efficiently, expanding efficient practices on a relatively small percentage of farms could result in significant reductions in water use.
Wilson’s presentation was met with questions from the Delta Stewardship Council on whether the report was within his jurisdiction and whether the amount of potential water savings was worthy of focus. Wilson defended his position by arguing that statewide agricultural water use affects the Delta, and that even incremental increases in efficiency could result in significant water savings.
As a result of Wilson’s report, the State Water Resources Control Board held a workshop in July to seek input from a broad range of stakeholders. Featuring presentations from agricultural water suppliers statewide, the meeting provided board members with on-the-ground information about basin-wide and on-farm efficiencies currently in place, and the innovative strategies some suppliers are employing to meet the requirements of SBX7 7.
California Roundtable on Water and Food Supply
To address the issue of water security for California agriculture, a coalition of water stakeholders released a report in June making targeted recommendations for state agencies, water suppliers, local water management groups, and the agricultural and research communities to facilitate long-term solutions.
In its report, “Agricultural Water Stewardship,” the California Roundtable on Water and Food Supply identified agricultural water stewardship as a key area of importance for sound long-term water management.
The group’s unified set of principles for agricultural water stewardship include creating a stronger knowledge base, improving support mechanisms for growers, and moving toward outcome-based policy and regulatory frameworks that foster agricultural water stewardship.
The policy report will serve as a guidance document for many of the regulations being developed in the next several years as the 2009 legislation is fully implemented.
Quantification of Agricultural Water Use Efficiency
When DWR first convened the Agricultural Stakeholder Committee in 2010, staff and consultants initiated some action of another requirement of SBX7 7 — to “develop a methodology for quantifying the efficiency of agricultural water use.”
A consultant draft white paper was circulated to frame the scope of this project, but it was soon decided that this effort needed to be deferred in favor of work on the agricultural measurement regulation.
In August 2011, a revised version of the white paper was circulated for review by the ASC, and work is now under way to develop a range of quantification methods and assess water use efficiency levels based on crop type or irrigation system distribution uniformity.
DWR is working with a technical subcommittee of the ASC to develop the required elements, in close consultation with the Agricultural Water Management Council (AWMC) and agricultural water management consultants, academics, and suppliers to draft the elements of the methodology.
DWR is required to report to the Legislature by Dec. 31, 2011, on a proposed methodology and plan for implementation that includes cost estimates and the types of data that would be needed to support the methodology.
While the statute did not authorize DWR to implement the methodology, the results of this effort are likely to inform possible future legislation and regulations.
Agricultural Efficient Water Management Practices
SBX7 7 directs DWR to consult with the AWMC, the U.S. Bureau of Reclamation and the State Water Resources Control Board concerning the need to update agricultural efficient water management practices (EWMPs).
A specific list of EWMPs is already a part of the Memorandum of Understanding that water suppliers who are members of the AWMC address in their Water Management Plans and commit to implement “at the highest practically feasible level.”
If the result of the interagency consultation is identification of new or revised EWMPs, DWR is required to conduct public hearings to “allow participation of the diverse geographical areas and interests of the state.” Given the current resource constraints within DWR, this project has not yet been initiated.
Although Agricultural Water Management Plans are now required for all water suppliers providing water to 25,000 irrigated acres or more statewide, it is expected that they will use the existing EWMPs as the basis for their plans that are due by July 31, 2012.
The effort to update the EWMPs is expected to inform the Agricultural Water Management Plans due in 2015 and thereafter.
Standardized Water Use Reporting Form
Two additional processes will be getting under way in the coming months relating to the implementation of SBX7 7.
DWR staff has begun meeting with the State Water Resources Control Board, Department of Public Health, California Public Utilities Commission and Delta Stewardship Council to discuss the database and logistical issues associated with creating a statewide water use reporting form, as mandated by SBX7 7.
This water use reporting form is intended for use by both agricultural and urban water suppliers. DWR plans to seek input from the water suppliers through the Agricultural Stakeholder Committee and the Urban Stakeholder Committee processes and is planning to complete the form in 2012 so that it can be used for the Agricultural Water Management Plans that are due by the end of July.
Statewide Targets for Regional Practices
DWR intends to use the California Water Plan Update 2013 process to address SBX7 7 requirement to “review and update existing statewide targets for regional water resources management practices including but not limited to recycled water, brackish groundwater desalination and infiltration and direct use of urban stormwater runoff.”
Although SBX7 7 does not require target-setting for agricultural water use, this project is expected to involve the agricultural sector as it relates to groundwater management considerations and agricultural use of recycled water.
