Curtailment of Certain Types of Water Rights in the Scott, Sacramento, and San Joaquin River Watersheds and the Delta
May 5, 2015
In Reply Refer To:
7000 (CA930) P
EMS TRANSMISSION: 5/7/15
Instruction Memorandum No. CA-2015-020
Expires: 9/30/18
To: All California District and Field Managers
From: State Director
Subject: Curtailment of Certain Types of Water Rights in the Scott, Sacramento, and San Joaquin River Watersheds and the Delta
Program Area: Soil, Water, and Air
Purpose: This Instruction Memorandum is to advise you that the State Water Resources Control Board (SWRCB) has curtailed all post-1914 water rights in the San Joaquin River and Sacramento River watersheds and the Delta, and certain types of water rights in the Scott River watershed, due to continuing drought conditions.
Background:
January 17, 2014, Governor Brown declared a Drought State of Emergency in response to the driest rainfall year in state recorded history. As the drought worsened throughout 2014, the SWRCB curtailed post-1914 appropriated water rights in multiple river basins. These curtailments affected the BLM- managed resources in many Field Offices.
On January 23, 2015, and again on April 2, 2015, the SWRCB notified all California water rights holders of the current surface water shortage and the probable need for curtailments in the upcoming months. This information was transmitted to Districts and Field Offices in
CAIB-2015-006 on January 27, 2015. By mid-April 2015, over two-thirds of the State was in extreme or exceptional drought.
April 23, 2015, the SWRCB curtailed all post-1914 water rights in the San Joaquin River watershed and certain types of water rights in the Scott River watersheds. On May 1, 2015, the SWRCB curtailed all post-1914 water rights in the Sacramento River watershed and the Delta. The SWRCB orders are available by clicking.
San Joaquin River watershed-All post-1914 appropriative water rights are curtailed. The SWRCB indicates that absent precipitation, curtailment of pre-1914 water rights can also be expected.
Scott River watershed-Junior class water rights are curtailed. The SWRCB defines junior class water rights as (1) a Priority 2 Class Rights in Schedule D-4 of the Decree, (2) a Post-1914 Appropriative Right in Schedule E of the Decree, or (3) a “Surplus Class” right in the Decree.
Sacramento River watershed and the Delta-All post-1914 appropriative water rights are curtailed. The SWRCB indicates that absent precipitation, curtailment of pre-1914 water rights can also be expected.
Unlike 2014, there will be no exceptions for human health and safety purposes. If you have an exceptional need (i.e., primarily drinking water standards will not be met), please contact
Russell Scofield of my staff to discuss options.
The SWRCB will impose penalties if junior water right holders are found to be diverting water without a granted exception.
All Offices are directed to review your water rights programs and identify all water rights held by your office and to ensure that all necessary annual and triennial reporting of use to the Board is up-to-date. The SWRCB expects additional curtailments will occur in other watersheds.
Clarification for Curtailment and Range Improvements:
Curtailment orders do not affect existing stored water, so tanks or stock ponds that have captured water from winter’s precipitation events are not subject to curtailment. If a spring originates on public land administered by the BLM (BLM land), only flows across the BLM land, and terminates on the BLM land, a water right is not necessary and diversions are not subject to curtailment. Flow-through systems such as troughs are not consumptive and are not subject to curtailment as long as the return flow is to the original stream channel. If the return flow is to a different stream channel, the flow-through system is consumptive and is subject to curtailment.
Required Action:
The BLM policy in 7250 requires cooperation with State Governments, conformance to applicable State water rights laws, protection of existing senior water rights, and acquiring and/or perfecting water rights.
All Districts and Field Offices with affected diversions must cease diverting. All Districts and Field Offices with affected water rights must provide the SWRCB with a completed online Curtailment Certification Form (Form), which is available at http://www.waterboards.ca.gov/waterrights/water_issues/programs/ewrims/curtailment, or by clicking. The SWRCB has directed that the Form must be submitted by May 8, 2015. Upon completion of certification of your curtailment, please notify Russell Scofield.
Contact: Russell Scofield, State Office Soil, Water, and Air Program Lead at (760) 833-7139, or russell_scofield@blm.gov.
Signed by: :
James G. Kenna
State Director
Authenticated by
Richard A. Erickson
Records Management