Additional Guidance for Addressing BLM-held California Water Rights in Response to Continuing Drought Conditions
January 27, 2015
In Reply Refer To:
7000 (CA-930)P
EMS TRANSMISSION: 1/27/2015
Information Bulletin No. CA-2015-006
To: All CA District and Field Managers
From: Deputy State Director, Natural Resources
Subject: Additional Guidance for Addressing BLM-held California Water Rights in
Response to Continuing Drought Conditions DD: 02/27/15
Program Area: Soil, Water, and Air
Purpose: This Information Bulletin provides notice that the State Water Resources Control Board (SWRCB) has indicated a high probability that surface water rights in many watersheds will be curtailed during the upcoming months and prescribes District and Field Office actions related to potential curtailments.
Background: January 17, 2014, Governor Brown declared a Drought State of Emergency in response to the driest rainfall year in state recorded history. As the drought worsened throughout 2014, the SWRCB curtailed post-1914 appropriated water rights in multiple river basins. These curtailments affected the BLM managed resources in several Field Offices. In spite of December precipitation, California entered 2015 with 78 percent of the state in extreme or exceptional drought, and drought conditions are expected to persist.
On January 23, 2015, the SWRCB notified all California water rights holders of the current surface water shortage and the potential need for curtailments in the upcoming months. The SWRCB notice can be viewed by clicking. Should curtailments become necessary, the SWRCB will notify affected water rights holders and holders will be required to certify their curtailment. Curtailments in 2014 did not affect riparian rights or Statements of Diversion and Use (Statements). The BLM has claimed federal rights through the Statement filing process that may include riparian rights. The Field Offices should be aware of the potential for future curtailments of both appropriated rights and Statements in all watersheds in California.
Policy/Action: The BLM policy in 7250 requires cooperation with state governments, conformance to applicable State water rights laws, protection of existing senior water rights, and acquiring and/or perfecting water rights. Accordingly, Field Offices are instructed to complete the following two tasks:
- Using the data collected as directed by CAIM2014-025, review all the BLM-held State water rights and identify critical resources affected if water rights were curtailed. Examples include water rights that provide habitat or water for TES species or water rights where the BLM has facilities or contractual agreements. Critical water rights should be reported to the State Office Soil, Water, and Air Program Lead by February 27, 2015.
- If the BLM-held State water rights are curtailed, the BLM will comply with all curtailment notices and certification requirements within the allotted timeframes. Curtailments should be reported to the State Office Soil, Water, and Air Program Lead as they are certified.
Contact: Should you have any questions or require assistance, please contact State Office Oil, Water, Air Program Lead, Russell Scofield at (760) 833-7139 or russell_scofield@blm.gov.
Signed by:
Tom Pogacnik
Deputy State Director, Natural Resources
Authenticated by:
Cynthia Diezel
Administrative Assistant