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The Water Conservation Act of 2009 - A2 Agricultural Water Measurement Regulations

A2 PROJECT DESCRIPTION Agricultural Water Measurement Regulation

SB X7-7 (Part 2.55, Chapter 4, §10608.48(i)) (1) The department shall adopt regulations that provide for a range of options that agricultural water suppliers may use or implement to comply with the measurement requirement in paragraph (1) of subdivision (b).
(2) The initial adoption of a regulation authorized by this subdivision is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for that purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. After the initial adoption of an emergency regulation pursuant to this subdivision, the department shall not request approval from the Office of Administrative Law to readopt the regulation as an emergency regulation pursuant to Section 11346.1 of the Government Code.

HIGHLIGHTS

  • DWR shall adopt regulations for agricultural water volume measurement
  • Regulations will provide for a range of options
  • Agricultural water suppliers may use or implement the options
    • To measure the volume of water delivered to customers with sufficient accuracy, so as to:
    • Comply with farm-gate delivery measurement requirements
  • Ag water suppliers need to comply by July 31, 2012 (§10608.48 (a))

Permanent Regulation:

On July 12, 2011, the Department of Water Resources (DWR) submitted to the Office of Administrative Law (OAL) a Certificate of Compliance, following the Emergency rulemaking file #2011-0624-01E, to start a regular rulemaking process for the adoption of a permanent agricultural water measurement regulation.

DWR modified the proposed text of regulation in response to comments received during the 45-day comment period (from July 22, 2011 to September 6, 2011), two Public Hearings conducted on August 24, 2011 in Sacramento and September 8, 2011 in Fresno, and five 15-day comment periods (September 23, 2011 to October 7, 2011, October 20, 2011 to November 3, 2011,February 29, 2012 to March 14, 2012, March 27, 2012 to April 11, 2012 and April 19, 2012 and May 3, 2012).

On May 31, 2012, the DWR submitted to the Office of Administrative Law a revised rulemaking package for the Agricultural Water Measurement Regulation.

Following OAL review and request for modification, and on 6/20/2012, a revised text of regulation is submitted along with a copy of the Aggregated Farm-Gate Delivery Reporting Form incorporated by reference in the regulation.

On July 11, 2012, OAL approved the permanent Agricultural Water Measurement Regulation (Title 23, Division 2 of the California Code of Regulations, Chapter 5.1, Sections 597, 597.1, 597.2, 597.3, and 597.4). The Regulation is effective July 11, 2012.

For more information, contact:

Fethi Benjemaa
Department of Water Resources
901 P Street, Suite 313A
Sacramento, CA 95814
jemaa@water.ca.gov

PUBLIC HEARINGS

The Department conducted two public hearings in accordance with the requirements set forth in Government Code section 11346.8.

August 24, 2011
9:00am to 12:00pm
Hearing Room
Bonderson Building
901 P Street
Sacramento, California 95814
September 8, 2011
9:00am to 12:00pm
Alice Peters Auditorium
California State University, Fresno
5245 North Backer Avenue
Fresno, California 93740

Public Hearing Presentation

Emergency Regulation:

  • See All Project Documents
  • See All Comments Received on This Project
  • A2 Timeline
    Remote Access and Webinar Availability
    Date Event/Task Details & Materials
    July 27, 2010 Agricultural Listening Session Fresno Meeting Details and Materials
    July 29, 2010 Agricultural Listening Session Sacramento (AM) Meeting Details and Materials
    Agricultural Stakeholder Committee Meeting #1 (PM) Meeting Details and Materials
    September 22, 2010 Agricultural Stakeholders Committee (ASC) meeting #2 Meeting Details and Materials
    October 21, 2010 A2 Subcommittee Meeting Details and Materials
    November 9, 2010 A2 Subcommittee Meeting Meeting Details and Materials
    November 10, 2010 Agricultural Stakeholders Committee (ASC) meeting #3 Meeting Details and Materials
    December 14, 2010 A2 Subcommittee Meeting Meeting Details and Materials
    December 15, 2010
    Please note new start time of 9:00am
    Agricultural Stakeholders A2 Subcommittee Meeting Meeting Details and Materials
    January 5, 2011 Agricultural Stakeholders Committee Meeting Meeting Details and Materials
    January 18, 2011 A2 Measurement Subcommittee Meeting Meeting Details and Materials
    February 17, 2011 A2 Measurement Subcommittee Meeting Details and Materials
    March 3, 2011 Agricultural Stakeholder Committee Meeting has been postponed. New date TBA
    March 8, 2011 A2 Measurement Subcommittee - WEBINAR Meeting Details and Materials
    March 14, 2011 Agricultural Stakeholder Committee Meeting Meeting Details and Materials
    July 31, 2011 DWR adopts regulation  
    August 24, 2011 Agricultural Water Measurement Regulation Public Hearing, Sacramento Meeting Details and Materials
    September 8, 2011 Agricultural Water Measurement Regulation Public Hearing, Fresno Meeting Details and Materials
    July 31, 2012 Ag water suppliers must comply with regulation  
    February 1, 2013 Agricultural Stakeholder Committee (ASC) Webinar Meeting Details and Materials

    A2 WORKING COMMITTEE
    The A2 Subcommittee of the ASC is being formed to work specifically on the issues of the A2 project.

    Membership List of the ASC Submcommittee

    The Agricultural Stakeholders Committee (ASC)

    The ASC will review technical material and documents, provide comments, data, and supporting information to DWR as the methodology is developed. Review of the ASC meeting materials will provide copies of draft documents related to this project as they are available.

    A2 DOCUMENTS
    Approved Permanent Regulation (7/11/12)
    Revised Text of Regulation (5/21/12)
    Final Statement of Reasons (5/31/12)
    Supplement to the Final Statement of Reasons (5/31/12)
    Notice of Fifth 15-day Comment Period (4/18/2012)
    Modified Text of Regulation (4/18/2012)
    Supplement to the Initial Statement of Reasons (4/18/2012)
    Notice of Fourth 15-day Comment Period (3/26/2012)
    Modified Text of Regulation (3/26/2012)
    Supplement to the Initial Statement of Reasons (3/26/2012)
    Notice of 15-day Comment Period (2/28/2012)
    Modified Text of Regulation (2/28/2012)
    Supplement to the Initial Statement of Reasons (2/28/2012)
    OAL's Decision of Disapproval of the 10/19/11 Text of Regulatory Action (2/8/2012)
    Final Statement of Reasons
    California Water Commission Resolution
    Notice of Second 15-day Public Comment Period (10/19/2011)
    Modified Text of Regulation (10/19/2011)
    Notice of 15-day Public Comment Period (9/22/2011)
    Modified Text of Regulation (9/22/2011)
    Office of Administrative Law (OAL) Notice of Approval + Emergency Regulation (7/5/2011)
    (Note: Regulation is modified to satisfy OAL approval)
    Responses to Comments on the Emergency Regulation (7/1/2011)
    Discussion Paper: Proposed Regulation on Range of Options for Agricultural Water Measurement (June 13, 2011)
    Ag Water Measurement Regulation - Adopted 6/15/11
    Notice of Proposed Emergency Rulemaking (6/20/11).
    California Water Commission Resolution
    Economic and Fiscal Impact Statement - Form 399
    Cost Analysis
    Proposed Draft Ag Water Measurement Regulation (June 7, 2011).
    Proposed Draft Ag Water Measurement Regulation (June 3, 2011).
    Proposed Draft Ag Water Measurement Regulation (May 3, 2011)
    Irrigation District Turnouts, Charles Burt 12/13/2010
    ASC IID Gate Type
    Division of Measurement Standards General Code
    Division of Measurement Standards Water Meters
    Turnout Measurement Options
    Legal Questions, Ag Measurement
    Water Measurement Arizona
    Discussion Paper 2: Agricultural Water Measurement - Project A2 - September 17, 2010
    Discussion Paper 2: Agricultural Water Measurement - Project A2 - July 16, 2010