1. 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

6. Sacramento-San Joaquin River Delta (Delta)

7. 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

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

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

10. 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

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

12. 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

13. 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)

14. 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)

15. 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

16. “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

17. Agricultural Water Use Without water conservation20 6 ET 5
Diversion 15
CU=7
Return Flow 8 13
Deep percolation
to salt sink - 1

18. 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

19. 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

20. 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

21. 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

22. 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.

23. 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

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

25. 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

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

27. 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)

28. 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

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