Department of Water Resources Role in Water Transfers Jerry Johns, DWR California Water Transfers 101 Department of Water Resources Role in Water Transfers Jerry Johns, DWR

Sacramento-San Joaquin River Delta (Delta)

What is a Water Transfer A change in the way water is allocated Expand use to new areas Allows alternative use without extensive additional facilities Instream Flow (W.C. 1707) From a water right perspective Change in POU, POD, Purpose of Use Cannot increase the amount or season Follow the water not the trades

DWR’s Role in Water Transfers Across the Delta Operator of the State Water Project Water Supply Planning Agency

Water Transfers- Making Sure the Check Clears the “Bank” Deposit 5 840 Costs 1 60 400 120 500 Withdrawal 4

Some General Policies on Water Water belongs to the people of the State A water right is a usufruct right Prohibition against waste or unreasonable use Water rights can be lost through non-use To transfer water the transferor must have underlining rights to the water (water right or contract right) Water transferred legally cannot be lost

Types of Surface Water Rights Pueblo Riparian Federal Reserved Appropriative Pre-1914 Section 12 Post-1914 Prescriptive Adjudicated

Types of Transfers Surface Water Groundwater Stored Water Reduction in Direct Use of Surface Water Crop Idling Water Conservation Alternative Source of Water ( e.g.groundwater not directly connected to the surface system) Groundwater

Types of Transfers Cont.. Groundwater Direct Use Transfer of Groundwater Basically a groundwater appropriation Restrictions - WC 1220 for Sacramento Basin “Banked” Groundwater Use of Groundwater in lieu of Surface Water (actually a surface water transfer see above)

Three Rules Related to Water Transfers “No injury” to any legal user of water (Water Code 1702, 1706, 1727, 1736, 1810) “No unreasonable effects” to fish or wildlife (Water Code 1727, 1736, 1810) “No unreasonable economic impacts” to overall economy of the county from which the water is transferred. (Use of SWP - Water Code 1810)

No Injury Rule No injury to other legal users of water Not just prior users - any other user Protects juniors from seniors Based in old court cases, now in statute Applies to both pre and post 1914 rights (1706, 1702, 1727, 1736) What’s legal injury vs. impact- Imported water/ watershed protection

“No Injury” Issues Stored Water Water Diverted Direct to Use Conditions absent the water transfer Refill impacts Water Diverted Direct to Use Crop shifting, Crop idling Use of Groundwater in lieu of Surface Water Direct use of Groundwater (not out of Sacramento Watershed - WC 1220) Water Conservation Efforts

Agricultural Water Use Without water conservation 20 6 ET 5 Diversion 15 CU=7 Return Flow 8 13 Deep percolation to salt sink - 1

Agricultural Water Use With water conservation (No change in consumptive use) 20 6 ET 10 Diversion 10 5 CU=7 3 13 Deep percolation to salt sink - 1 Return Flow 8

Agricultural Water Use With water conservation (With change in consumptive use) 20 4 ET 7 Diversion 13 CU=5 Return Flow 8 15 Deep percolation to salt sink - 1

Local Economic Effects Focuses mostly on crop idling or shifting Some positive aspects in today’s crop market Focus on dry years (about 1/3 of years) If fallowing greater than 20% - hearing Effects on local economy related to farming Reinvestment in local economy Farm jobs and services related to lost jobs

Water Transfer Programs by CalFed Agencies in the last four water years Type SWP/CVP EWA DWR Dry Year CVP Dry Year CVPIA -refuge -instream (SJRA) ERP Others Totals 2001 Dry 39%/49% UOD/SOD (TAF) 105/159 138/0 160/0 25/43 109/0 10/0 547/202 749 2002 Dry 70%/70% UOD/SOD (TAF) 145/97 22/0 0/63 110/0 5/0 282/160 442 2003 AN 90%/75% UOD/SOD (TAF) 70/145 134*/0 0/70 91/0 295/215 510 2004 BN 65%/70% UOD/SOD (TAF) 120/35 1/0 0/108 98/0 219/143 362 *includes 123 TAF for the Colorado River Contingency Program by Metropolitan Water District of Southern California supported by DWR

DWR Principles Related to Water Transfers Local Leadership Assuring Adequate Local Water Supplies. No Injury to Legal Users Protection of Fish and Wildlife Economic Effects Water management strategies designed to avoid unreasonable county-wide economic impacts.

Summary Water Transfers are working Water Transfers that work best are those that avoid injury to water users address fish and wildlife issues sensitive to economic issues Economic issues evaluated in EWA EIS/R Long-term water transfers are in our future Environmental Water Account (EWA) Waterfowl refuges Instream flows Water supply urban users and permanent crops

Groundwater Substitution Transfers (Base Conditions) 20 6 ET 5 Diversion 15 13 CU=7 Return Flow 8 Deep percolation to salt sink - 1

Groundwater Substitution Transfers (With Groundwater Pumping) 20 6 ET 10 Diversion 10 5 Well Water 18 CU=7 Return Flow 8 Deep percolation to salt sink - 1

Reservoir Refill Due to a Stored Water Transfer WINTER SPRING FALL 100 Storage Refill w/o transfer 40 100 80 40 before transfer refill 40 100 with transfer refill 60 Transfer 20 60 100% 100 60

DWR as Operator of the SWP Check for possible injury issues related to water transfers effects on the SWP Responsible for meeting inbasin demands and Delta Standards in coordination with the USBR for the CVP Provide appropriate System-wide credits for water transfers through adjustments in COA accounting Provide available pumping capacity in the Delta for water transfers (see W.C. 1810)

DWR as Water Supply Planning Agency Purchase water for the EWA and the State’s Dry Year Program Negotiate water transfer agreements Define types of water transfers in which DWR will participate, recognizing legislative guidance in the Water Code Evaluate water transfers from statewide perspective protecting the needs of the areas of origin

Water Supply Planning Agency Cont. Work with CALFED agencies to provide information on water transfers Water Transfers Papers - 2002 Provide information on water transfer to interested parties (see website www.watertransfers.water.ca.gov) “On Tap” Data Base and Web site - historic transfers