Department of Water Department of Water Resources Role in Water Resources Role in Water

TransfersTransfers

Jerry Johns, DWR Jerry Johns, DWR

CaliforniaWater Transfers 101

Sacramento-San JoaquinSacramento-San Joaquin River Delta River Delta (Delta)(Delta)

What is a Water TransferWhat is a Water Transfer

A change in the way water is allocatedA change in the way water is allocated Expand use to new areasExpand use to new areas Allows alternative use without extensive additional Allows alternative use without extensive additional

facilitiesfacilities Instream Flow (W.C. 1707)Instream Flow (W.C. 1707)

From a water right perspective From a water right perspective Change in POU, POD, Purpose of UseChange in POU, POD, Purpose of Use Cannot increase the amount or seasonCannot increase the amount or season Follow the water not the tradesFollow the water not the trades

DWR’s Role in Water Transfers DWR’s Role in Water Transfers Across the DeltaAcross the Delta

Operator of the State Water ProjectOperator of the State Water Project

Water Supply Planning AgencyWater Supply Planning Agency

500

840

120

60400

Deposit

5

Costs

1

Withdrawal

4

Water Transfers- Making Sure the Check Clears the “Bank”

Some General Policies on Some General Policies on Water Water

Water belongs to the people of the StateWater belongs to the people of the State A water right is a usufruct rightA water right is a usufruct right Prohibition against waste or unreasonable Prohibition against waste or unreasonable

useuse Water rights can be lost through non-useWater rights can be lost through non-use To transfer water the transferor must have To transfer water the transferor must have

underlining rights to the water (water right underlining rights to the water (water right or contract right)or contract right)

Water transferred legally cannot be lostWater transferred legally cannot be lost

Types of Surface Water Types of Surface Water Rights Rights

PuebloPueblo RiparianRiparian Federal ReservedFederal Reserved AppropriativeAppropriative

Pre-1914Pre-1914 Section 12Section 12 Post-1914Post-1914

PrescriptivePrescriptive AdjudicatedAdjudicated

Types of TransfersTypes of Transfers

Surface WaterSurface Water Stored WaterStored Water Reduction in Direct Use of Surface WaterReduction in Direct Use of Surface Water

• Crop IdlingCrop Idling• Water ConservationWater Conservation• Alternative Source of Water ( e.g.groundwater not Alternative Source of Water ( e.g.groundwater not

directly connected to the surface system) directly connected to the surface system)

GroundwaterGroundwater

Types of Transfers Cont..Types of Transfers Cont..

GroundwaterGroundwater Direct Use Transfer of Groundwater Direct Use Transfer of Groundwater

• Basically a groundwater appropriation Basically a groundwater appropriation • Restrictions - WC 1220 for Sacramento BasinRestrictions - WC 1220 for Sacramento Basin

““Banked” GroundwaterBanked” Groundwater Use of Groundwater in lieu of Surface Water Use of Groundwater in lieu of Surface Water

(actually a surface water transfer see above)(actually a surface water transfer see above)

Three Rules Related to Water Three Rules Related to Water TransfersTransfers

““No injury” to any legal user of water (Water No injury” to any legal user of water (Water Code 1702, 1706, 1727, 1736, 1810)Code 1702, 1706, 1727, 1736, 1810)

““No unreasonable effects” to fish or wildlife No unreasonable effects” to fish or wildlife (Water Code 1727, 1736, 1810)(Water Code 1727, 1736, 1810)

““No unreasonable economic impacts” to overall No unreasonable economic impacts” to overall economy of the county from which the water is economy of the county from which the water is transferred. (Use of SWP - Water Code 1810)transferred. (Use of SWP - Water Code 1810)

No Injury RuleNo Injury Rule

No injury to other legal users of waterNo injury to other legal users of water Not just prior users - any other userNot just prior users - any other user Protects juniors from seniorsProtects juniors from seniors Based in old court cases, now in statute Based in old court cases, now in statute Applies to both pre and post 1914 rights Applies to both pre and post 1914 rights

(1706, 1702, 1727, 1736)(1706, 1702, 1727, 1736) What’s legal injury vs. impact- Imported What’s legal injury vs. impact- Imported

water/ watershed protectionwater/ watershed protection

““No Injury” IssuesNo Injury” Issues

Stored WaterStored Water Conditions absent the water transfer Conditions absent the water transfer Refill impactsRefill impacts

Water Diverted Direct to Use Water Diverted Direct to Use Crop shifting, Crop idlingCrop shifting, Crop idling Use of Groundwater in lieu of Surface WaterUse of Groundwater in lieu of Surface Water Direct use of Groundwater (not out of Sacramento Direct use of Groundwater (not out of Sacramento

Watershed - WC 1220)Watershed - WC 1220) Water Conservation EffortsWater Conservation Efforts

Agricultural Water UseAgricultural Water UseWithout water conservationWithout water conservation

20

Diversion15

6ET

CU=7

Deep percolationto salt sink - 1

Return Flow8

5

13

Agricultural Water UseAgricultural Water UseWith water conservationWith water conservation(No change in consumptive use)(No change in consumptive use)

20

Diversion10

6ET

CU=7

Deep percolationto salt sink - 1Return Flow

8

10

133

5

Agricultural Water UseAgricultural Water UseWith water conservationWith water conservation

(With change in consumptive use)(With change in consumptive use)

20

Diversion13

4ET

CU=5

Deep percolationto salt sink - 1

Return Flow8

7

15

Local Economic EffectsLocal Economic Effects

Focuses mostly on crop idling or shiftingFocuses mostly on crop idling or shifting Some positive aspects in today’s crop Some positive aspects in today’s crop

marketmarket Focus on dry years (about 1/3 of years)Focus on dry years (about 1/3 of years) If fallowing greater than 20% - hearing If fallowing greater than 20% - hearing Effects on local economy related to Effects on local economy related to

farmingfarming Reinvestment in local economyReinvestment in local economy

Farm jobs and services related to lost jobs Farm jobs and services related to lost jobs

Water Transfer Programs by CalFed Agencies in the last Water Transfer Programs by CalFed Agencies in the last four water yearsfour water years

2001

Dry

39%/49%

UOD/SOD

(TAF)

105/159

138/0

160/0

25/43

109/0

0

10/0

547/202

749

2002

Dry

70%/70%

UOD/SOD

(TAF)

145/97

22/0

0

0/63

110/0

0

5/0

282/160

442

2003

AN

90%/75%

UOD/SOD

(TAF)

70/145

134*/0

0

0/70

91/0

0

0

295/215

510

2004

BN

65%/70%

UOD/SOD

(TAF)

120/35

1/0

0

0/108

98/0

0

0

219/143

362

Program

Type

SWP/CVP

EWA

DWR Dry Year

CVP Dry Year

CVPIA

-refuge

-instream (SJRA)

ERP

Others

Totals

*includes 123 TAF for the Colorado River Contingency Program by Metropolitan Water District of Southern California supported by DWR

DWR Principles Related to DWR Principles Related to Water TransfersWater Transfers

Local LeadershipLocal Leadership Assuring Adequate Local Water Supplies.Assuring Adequate Local Water Supplies. No Injury to Legal UsersNo Injury to Legal Users Protection of Fish and WildlifeProtection of Fish and Wildlife Economic EffectsEconomic Effects

Water management strategies designed to Water management strategies designed to avoid unreasonable county-wide economic avoid unreasonable county-wide economic impacts. impacts.

SummarySummary

Water Transfers are working Water Transfers are working Water Transfers that work best are those that Water Transfers that work best are those that

avoid injury to water usersavoid injury to water users address fish and wildlife issuesaddress fish and wildlife issues sensitive to economic issuessensitive to economic issues

Economic issues evaluated in EWA EIS/REconomic issues evaluated in EWA EIS/R Long-term water transfers are in our futureLong-term water transfers are in our future

Environmental Water Account (EWA)Environmental Water Account (EWA) Waterfowl refugesWaterfowl refuges Instream flowsInstream flows Water supply urban users and permanent cropsWater supply urban users and permanent crops

Groundwater Substitution Groundwater Substitution TransfersTransfers

(Base Conditions) (Base Conditions) 20

6ET

CU=7

Deep percolationto salt sink - 1

Return Flow8

5

13

Diversion15

Groundwater Substitution Groundwater Substitution TransfersTransfers

(With Groundwater Pumping) (With Groundwater Pumping) 20

6ET

CU=7

Deep percolationto salt sink - 1

Return Flow8

10

18

Diversion10

Well Water

5

Reservoir Refill Due to a Stored Reservoir Refill Due to a Stored Water TransferWater Transfer

Reservoir Refill Due to a Stored Reservoir Refill Due to a Stored Water TransferWater Transfer

100

60

100

Storage Refillw/o transfer 40

TransferTransfer2020

60

100%10080

40

before transfer refill 40

100

with transfer refill 60

WINTER

SPRING

FALL

DWR as Operator of the SWPDWR as Operator of the SWP

Check for possible injury issues related to Check for possible injury issues related to water transfers effects on the SWPwater transfers effects on the SWP Responsible for meeting inbasin demands Responsible for meeting inbasin demands

and Delta Standards in coordination with the and Delta Standards in coordination with the USBR for the CVPUSBR for the CVP

Provide appropriate System-wide credits for Provide appropriate System-wide credits for water transfers through adjustments in COA water transfers through adjustments in COA accountingaccounting

Provide available pumping capacity in the Provide available pumping capacity in the Delta for water transfers (see W.C. 1810)Delta for water transfers (see W.C. 1810)

DWR as Water Supply Planning DWR as Water Supply Planning AgencyAgency

Purchase water for the EWA and the Purchase water for the EWA and the State’s Dry Year ProgramState’s Dry Year Program Negotiate water transfer agreementsNegotiate water transfer agreements Define types of water transfers in which DWR Define types of water transfers in which DWR

will participate, recognizing legislative will participate, recognizing legislative guidance in the Water Codeguidance in the Water Code

Evaluate water transfers from statewide Evaluate water transfers from statewide perspective protecting the needs of the areas perspective protecting the needs of the areas of originof origin

Water Supply Planning Agency Water Supply Planning Agency Cont.Cont.

Work with CALFED agencies to provide Work with CALFED agencies to provide information on water transfersinformation on water transfers Water Transfers Papers - 2002 Water Transfers Papers - 2002 Provide information on water transfer to Provide information on water transfer to

interested parties (see website interested parties (see website www.watertransfers.water.ca.gov) www.watertransfers.water.ca.gov)

““On Tap” Data Base and Web site - historic On Tap” Data Base and Web site - historic transferstransfers