Water Measurement and Reporting Regulation Rulemaking

Following extensive outreach and compliance assistance efforts in 2023 and 2024, the State Water Board is proposing changes to Title 23 of the California Code of Regulations, Chapters 2 (Appropriation of Water), 2.7 (Water Diversion and Use Reports) and 2.8 (Measuring and Monitoring). The proposed changes clarify the regulation text and align data reporting requirements with water rights data modernization efforts. The proposed revisions would also require reporters to have an email address on file with the Board and will align the annual reporting period for groundwater recordations with the water year.

Written comments (including emailed comments) will be accepted until 5:00 p.m. on Wednesday, April 23, 2025. Please refer to the Public Participation Guide or Notice of Proposed Action below for additional information.

Administrative Procedure Act (APA) Hearing

• April 16, 2025 – Water Measurement and Reporting Revisions APA Hearing
• Hearing Presentation Slides
• Hearing Recording

Regulatory Documents

• February 2025 – Initial Rulemaking Package Submitted to Office of Administrative Law (OAL)
  • Notice of Proposed Action
  • Published Notice of Proposed Action in the California Regulatory Notice Register
  • Initial Statement of Reasons
  • Proposed Text for Chapters 2 and 2.7 (red-lined)
  • Proposed Text for Chapter 2.8. Due to the extensive nature of the edits to Chapter 2.8, only non-redlined versions of the original and proposed text are available for download. A red-lined version showing the proposed changes to the original text is available upon request.
    • Original Text for Chapter 2.8
  • Preliminary Standard Form 399 and Attachment

Supporting Materials

• Public Participation Guide (English | Spanish)
• Tribal Comment Period Outreach Letter
• Summary of Proposed Changes

On November 4, 2024, the State Water Resources Control Board held a staff workshop to present information and solicit public input on draft revisions to California Code of Regulations, Title 23, Chapters 2 (Appropriation of Water), 2.7 (Water Diversion and Use) and 2.8 (Measuring and Monitoring). The workshop was followed by a 4-week written public comment period.

Draft Proposed Regulation Text and Public Workshop

• December 2, 2024 – Written Comments Submission Deadline on the Proposed Changes to the Water Measurement and Reporting Regulation
  • To request a copy of written public comments submitted in response to the November 4, 2024 Draft Proposed Regulation Text, please email DWR-Measurement@Waterboards.ca.gov.
• November 13, 2024 – Staff Workshop on Proposed Changes to the Water Measurement and Reporting Regulation
  • Recording of Staff Workshop
  • PowerPoint Slides of the Staff Workshop on Proposed Changes to the Water Measurement and Reporting Regulation
• November 4, 2024 – Proposed Changes to the Water Measurement and Reporting Regulation
  • Draft Proposed Regulation Text
  • Notice of 11/13/2024 Staff Workshop and Opportunity for Public Input on Proposed Changes to the Water Measurement and Reporting Regulation
  • Aviso del 11/13/2024 Taller del Personal y Oportunidad de Opinión Pública Sobre los Cambios Propuestos en el Reglamento de Medición e Información Sobre el Agua

Senate Bill 88 (SB 88) was signed by Governor Edmund G. Brown Jr. on June 24, 2015, and codified in Division 2 of the California Water Code, Sections 1840-1841.5. On January 19, 2016, the State Water Board adopted a Resolution to adopt an Emergency Regulation for Measuring and Reporting Water Diversions. The regulation was submitted to the Office of Administrative Law (OAL) for review on March 10, 2016, and approved on March 21, 2016.

Outreach Events

• January 18, 2019 – Measurement and Reporting Workshop
• August 22, 2016 – Measurement and Reporting Fair
  • Presentation on Measurement and Reporting
  • Presentation on Measurement of Small Reservoirs
  • Presentation on Measurement in the Bay Delta
  • Presentation on Reporting Annual Water Diversion
  • Video of Reporting Fair
• April 6, 2016 – Fact Sheet: Emergency Regulation for Measuring and Reporting on the Diversion of Water

Rulemaking

• March 21, 2016 – Approved Text of Water Measurement and Reporting Regulation
  • OAL Approval
• February 19, 2016 – Regulation Package Submitted to OAL
  • Notice of Proposed Emergency Rulemaking
  • Form 400 (including Board-adopted regulation text)
  • Form 399 and Fiscal Impact Analysis
  • Board-Adopted Regulation Text and Informational Materials (Digest)
    • List of Appendices
• January 19, 2016 – Board Meeting
  • Proposed Regulations Presented to the Board (draft)
  • State Water Resources Control Board Resolution No. 2016-0005 (includes the adopted regulation text)
• December 17, 2015 – Board Workshop
  • Proposed Regulations (draft)
  • Presentation on Proposed Regulations
  • Public Comments Received on the Draft Regulation
• November 2-12, 2015 – Public Meetings
  • Meeting Agenda
  • Measurement & Reporting Presentation
  • Recommendations for Regulatory Development
  • Listening Meeting Summary, Including Public Comments
• June 2015 – Text of Senate Bill 88