Water Measurement

Frequently Asked Questions (FAQs)

Why do I need to measure my water diversion under my Statement?

What are some examples of water diversion measurement devices?

  • Propeller Meter/Turbine Meter: A device that uses an internal propeller or turbine to determine the inline flow rate.
  • Acoustic Meter: A device that uses a sensor to transmit an ultrasonic sound signal into a pipe.
  • Flow Totalizer: A device that totalizes measured flow through a flow meter.
  • Slide/Sluice Gate: A gate valve opening that has been calibrated to measure flow.
  • Weir: An overflow dam with a designed edge or notch.
  • For more information, see the section “Examples of Water Diversion Measurement Devices.”

Why do I need to file a Statement of Water Diversion and Use?

  • 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.

    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.

Under what conditions does a Statement not need to be submitted to the State Water Board?

  • 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.

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.

How do I file an initial “Statement of Water Diversion and Use?”

  • Obtain a “Statement of Water Diversion and Use” form by contacting the Division of Water Rights or download the form. Complete the form, sign it and mail it back to the Division of Water Rights. The Division will set up a file for your statement and issue a statement number. Every three years you will be asked to electronically file a report of your water diversion and use.

What is a Supplemental Statement of Water Diversion and Use?

  • Supplemental Statements are filed by the owner or agent of record 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 the following 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 updated to reflect this status. This will prompt the Division to stop mailing Supplemental Statement notices 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.

What is the benefit of filing Statements of Diversion and Use?

  • The State Water Board maintains the official records for water rights in the State of California. Therefore, if a water diverter is diverting under a valid water right in compliance with all provisions of the Water Code and reporting accurate monthly amounts of water, then filing Statements establishes an official record of compliance with law. Water diverters with active records on file are notified directly by the Division of Water Rights if someone is applying for a water right to divert water upstream from their diversion. Existing water diverters will be able to file a protest of these intended diversions. In years of water shortage, Statements may be able to help a water user continue their diversion.

Did the State Water Resources Control Board obtain input from Statement holders on water diversion measurement?

  • Yes. On July 21, 2011 the State Water Resources Control Board held a workshop (see notice | agenda) to consider information regarding water diversion measurement under the California Water Code 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. Some speakers and comment letters stated that measuring methods should suffice in lieu of measuring devices and asked for guidance from the State Water Board on how to comply with the water diversion measurement requirements. See the comment letters.

What guidance did the State Water Board provide on how Statement holders could comply with the water diversion measurement requirements?

  • The State Water Board intends to revise the (calendar year) 2012 Supplemental Statement online reporting form to include a new section that allows Statement holders to (1) report on their measuring device or (2) explain why implementation of best available technologies and best professional practices to measure their water diversion is “not locally cost effective.” In addition, if the Statement holder determines that use of a measuring device is “not locally cost effective,” they can describe the alternative measuring methods used in lieu of measuring devices, if applicable. The 2012 Supplemental Statement online reporting form will be due to the State Water Board on July 1, 2013.

    After review of the comments on the guidance and draft Statement reporting form, the State Water Board will revise these items, if necessary, and forward them to Statement holders. Once the State Water Board has received and reviewed the 2012 water diversion measurement information reported on the Statement forms, the State Water Board will decide whether to provide additional guidance and/or develop water diversion measurement regulations for future reporting years.

What does the proposed new section of the Statement reporting form dealing with water diversion measurement look like?

What information is available to assist Statement holders with deciding on the type of water diversion measurement device to install or explaining why their water diversion is “not locally cost effective?”

How many statements does a diverter need to file if they have more than one point of diversion?

  • Water Code section 5102 requires that a separate Statement be filed for each point of diversion, regardless of type of water right claimed.

Where can I obtain additional information about Statements?

Where can I obtain additional information about California water rights?

Where can I obtain information about water delivery measurement required under the Water Conservation Act of 2009 (SBx7-7) for large agricultural water users with more than 25,000 acres?

  • Information on the Water Conservation Act of 2009 can be found at the California Department of Water Resources’ webpage at: www.water.ca.gov/wateruseefficiency/sb7/. The water diversion measurement guidance for Statement holders is a different program than the water delivery measurements required under the Water Conservation Act of 2009 (SBx7-7).

What factors might contribute to a conclusion that use of best available technologies and best professional practices to measure water diversions is “not locally cost effective?”

  • Factors might include the geography, topography, weather, accessibility, size of the diversion, frequency of diversion, availability of power sources, and whether the cost of the device is high in relation to the economic value of the diversion.

What is a Point of Diversion and what are the various Point of Diversion types?

  • The Point of Diversion is the location where water from a source is initially taken under control by the water right holder. Water code Section 5102 requires that a separate Statement of Water Diversion and Use be filed for each point of diversion. Water code Section 1260 (e) requires that every application, permit or license have at least one point of diversion. California Code of Regulation (CCR) section 715(c) requires that points of diversion must be shown on the project map. The various Points of Diversion types are:
    1. Direct diversion
    2. Diversion to offstream storage
    3. Diversion to onstream storage
    4. Direct diversion and storage (at the same location)
    5. Moveable point of diversion

What is a Point of Rediversion?

  • A Point of Rediversion is a point, other than the point of initial diversion, where controlled water is diverted from a natural stream or an artificial water course that serves as a source of water. CCR section 715(c) requires that Points of Rediversion from any natural stream must be shown on the project map.