2509.21,10 Contents
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FSH 2509.21 - NATIONAL FOREST SYSTEM WATER RIGHTS HANDBOOK
R-5 AMENDMENT 2509.21-96-1
EFFECTIVE 02/28/96
CHAPTER 10 - DETERMINING WATER NEEDS FOR NATIONAL FOREST USES
Contents
11 IDENTIFYING NATIONAL FOREST WATER RESOURCE NEEDS
11.1 Consumptive (Diverted) Water Uses
11.2 Non-consumptive (Instream) Water Uses
11.3 Determine Water Needs
11.31 Forest Planning Process
11.32 Project Level Environmental Analysis Process
11.4 Water Resource Data
11.5 Staffing Needs
11.6 Budget Needs
12 QUANTIFICATION OF NATIONAL FOREST WATER NEEDS AND USES
12.1 Water Available under Federal Law
12.2 Water Available under State Law
12.21 California
12.22 Nevada
12.23 Oregon

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FSH 2509.21 - NATIONAL FOREST SYSTEM WATER RIGHTS HANDBOOK
R5 Amendment 2509.21-96-1
Effective 02/28/96
CHAPTER 10 - DETERMATION OF WATER NEEDS AND USES
11 - IDENTIFYING NATIONAL FOREST WATER RESOURCE NEEDS. Base identification of planned National Forest resource activities requiring consumptive and non-consumptive water uses on Forest Land and Resource Management Plans and water development plans.
Factor exisiting water uses into all levels of analysis. Whenever possible identify and quantify economic and environmental values using both internal and/or external expertise and data.
11.1 - Consumptive (Diverted) Water Uses. See FSM 2541.11 for identification of consumptive uses for Organic Act purposes (Federal/Reserved water rights), and for non-Organic Act purposes (non-Federal/Reserved water rights), where water is deverted from specific sources.
For inventory, and water right notification and reporting purposes, the consumptive use portion must be subdivided into three distinct categories. These are:
1. A "permanent" diversion, storage or transmission installation is present.
This is the most common water use. Currently, this is the category of use reported to states.
2. A "transient" diversion, storage or transmission system is not a permanent installation, and the withdrawal might not be made at the same point each time, or when it does occur numerous times in one year, it does not occur again for several years. An example is timber sale road watering where, in a large drainage area, there are perhaps one or two permanent withdrawal points used annually and the remaining points are scattered throughtout the area and used only when and where sales occur.
Fire protection use is similar but, in contrast, is difficult to quantify. Currently the
Forest Service does not inventory and report these transient uses. However, transient uses need to be qualiified and claimed in adjudications as annual uses, unless exempted as "deminimis" uses by the state.
3. An "at-will use" of water is made by people, livestock, or wildlife drinking directly from the source. Generally this type of use is only quantified and reported during adjudications, unlees exempted as "deminimis" uses by the state.

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11.2 - Non-consumptive (Instream) Water Uses. See FSM 2541.12 for identifiication of non-consumptive uses for Organic Act purposes (Federal/Reserved water rights) as instream flows for channel maintenance needs; and instream flows for other resource needs such as Wilderness areas, Wild and Scenic rivers, National
Recreation/Congressionally designated areas, outdoor recreation, riparian habitat, fish and wildlife habitat, threatened and endangered species habitat, and wetlands.
For non-consumptive uses, or instream flows, no physical diversion of water takes place. Generally this type of use is only quantified and reported during adjudications and conditions for special use authorization.
11.3 - Determine Water Needs.
1. Determine general amounts and quality of water needed to meet current and future management objectives through the Forest Planning process.
2. Determine specific water needs for proposed Forest Service projects or permittee water use applications through project level environmental analyses.
11.31 - Forest Planning Process.
1. Identify current and future kinds and levels of resource development requiring water development and use (both consumptive and non-consumptive).
2 Assign highest priorities for water needs quantification in the following areas where: a. Adjudications have already begun.
b. State law requires establishment of water rights by a given date.
c. Adjudications are about to begin.
d Water is short or already over-allocated, such as fully appropriated stream systems, or stream segments with minimum flow requirements.
e. Assertion of Federal or reserved rights will have the greatest impact on non-Federal interests.
11.32 - Project Level Environmental Analysis Process. Develop project level environmental analyses (EAs) to identify:
1. Both the public interest in the proposed water use and the projected benefits to National Forest System resources.

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2. Existing water rights and uses. Forests shall obtain records of water claims, rights and uses which may be affected by NFS use of water, before increasing water use in drainage basins where a large percentage of flow has already been appropriated.
Sources of information are: a. Water rights records and publications from the State Water Resources
Control Board (California), California Department of Water Resources, and
California Department of Fish and Game.
b. Superior Court and Federal Court adjudications.
c. Records of the County Recorder.
d. Records of the U.S. Bureau of Reclamation and other federal agencies.
e. Field examination disclosing water uses not otherwise of record.
3. Specific sources for water needed.
11.4 - Water Resource Data.
1. Use Water Resource Inventories (FSM 2531.11) and the R5 Water Rights and
Uses data base (FSH 2509.21, ch. 40) as information sources in conducting water resource investigations.
2. Use Groundwater Resource Inventories (FSM 2881) and the R5 Water Rights and Uses data base (FSH 2509.21, ch. 40) as information sources in conducting groundwater resource investigations to provide information on: a. Availability, quality, quantity, depth to and extent of the groundwater resource, and the recharge system.
b. Recommendations for best locations and development of potable water for recreation, administration, and stock watering.
c. Design parameters and recommendations for well development.
d. Effects of surface water development and use and/or surface disturbance on groundwater quality and recharge system.
11.5 - Staffing Needs. Plan staffing needed to determine NFS resource water needs for current and foreseeable future uses including:
1. A hydrologist for surface water analysis.

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2. A groundwater geologist for groundwater analysis.
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3. Support staff as needed.
11.6 - Budget Needs. Plan for expenses (paid by the benefiting function) such as state water rights fees and resource support for:
1. Current water uses where the water is diverted from a specific source.
Include necessary survey, filing fees and other resource expenditures to perfect rights and claims.
2. Foreseeable water uses where the water will be diverted from a specific source. Include necessary survey, filing fees and other resource expenditures to perfect rights and claims.
3. Instream flows for reserved water rights for original purposes of the reservation, generally to maintain favorable conditions of water flow and production of continuous supply of timber, plus any other purposes specifically mentioned in the withdrawal document. Include estimated cost of field surveys to identify the following: a. Current streamflow and channel characteristics.
b. Effect of changes in streamflow on channel characteristics and channel stability.
c. Relationship between instream water levels and groundwater table on riparian vegetation in areas adjacent to the stream channel.
d. Includes cost of analyses to quantify instream flow needs, filing fees, and other resource expenditures needed to perfect rights.
4. Instream flows needed to fulfill additional purposes of National Forest lands as identified by legislation and Executive Orders. Includes additional costs of field surveys and analyses by multi-disciplinary team.
12 - QUANTIFICATION OF NATIONAL FOREST WATER NEEDS AND USES.
Forest Supervisors shall secure and maintain adequate supplies of sufficient quality water to meet National Forest System resource needs, before making excess water available to private parties for their uses.
Quantify water being used under Federal and State law for project evaluations, water right adjudications, licensing or relicensing of Federal Energy Regulatory Commission
(FERC) projects, and in development of State coordinating plans.

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12.1 - Water Available Under Federal Law. Quantify water being used under Federal law for reserved uses on reserved land for:
1. Consumptive Use (diverted water uses) for Organic Act purposes.
a. Current water uses. Estimate the project water use, as well as reasonable water losses due to evaporation and seepage or conveyance.
Usage should include direct diversion amounts as well as the storage capacity of the facilities.
b. Future water uses. Estimate future water quantities needed to support known proposed resource development. Usage should include the maximum amount of water likely to be used by both direct diversion and storage facilities to allow for fluctuations in annual stream flow conditions.
2. Instream Flows/Non-Consumptive Use (non-diverted water uses).
a. Reserved claims in water right adjudications. See FSH 2509.17, chapter 30 for quantification methods for channel maintenance flow claims.
Use of a different methodology requires prior approval from the Chief.
b. Bypass flows at dams, diversions and impoundments. Recognized methods such as the Instream Flow Incremental Methodology (IFIM) can be used to quantify instream flow needs for aquatic habitat and recreational activities.
12.2 - Water Available Under State Law. State water law applying to use and appropriation of groundwater is often different than for surface use. Quantify water uses that are only available under state law at the earliest possible date in states where rights are based on prior appropriation.
12.21 - California. California recognizes five types of water rights, riparian, overlying
(groundwater), prescriptive, pueblo, and appropriative.
1. Consumptive Uses (Diversions and Impoundments).
a. Determine water needed for the following recognized beneficial uses: aquaculture, domestic water supply, fire protection, fish and wildlife, frost protection, heat control, industrial water supply, irrigation, mining, municipal water supply, power generation, stockwater, and water quality control. Recommended quantities for various veneficial uses are listed in
California State Resources Control Board publications "A Guide to California
Water Rights Appropriation", "How to File an Application/Registration to
Appropriate Water in California", and "Examples of Amounts Considered
Reasonably Necessary".

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Page 7 of 7 b. Both riparian and appropriative claims should reflect direct diversion amounts as well as the storage capacity of the facilities.
c. Estimates of water necessary to meet forest project needs should tend to overestimate rather than underestimate water needs. Amounts of water used on a project can not exceed the amount of water originally requested on the permit, but a request for water in excess of actual need, can and will be adjusted to to actual beneficial use levels when a water right license is issued.
d. Determine water available for appropriation at proposed water source(s).
(1) Certain streams or basins, and seasons of use have been declared fully appropriated by State Water Resources Control Board. In these areas, all available water, excess to flows needed to maintain state instream beneficial uses, has been completely appropriated.
(2) Certain stream segments have minimum bypass flow requirements established by California Department of Fish and Game. This instream flow requirement consists of the following contractually or legally required amount of water and its timing past the diversion structure. California Department of Water Resources bulletin "Inventory of Instream Flow Requirements
Related to Stream Diversions" discusses authority, quantification, enforcement, and stream segment locations.
2. Instream Flows (Non-consumptive Uses). Both riparian and appropriated claims for all recognized beneficial uses.
a. Determine water needed for the following recognized beneficial uses: fish and wildlife, recreation, and wetlands.
b. Use recognized methods such as Instream Flow Incremental
Methodology (IFIM) to quantify instream flows needs for aquatic habitat and recreational activities.
c. Convert existing water rights with consumptive (diverted) beneficial uses in part or all to instream flow beneficial uses (California Senate Bill
301).
3. Groundwater Uses. Groundwater uses include both extraction wells and collection tunnels. Driscoll's "Groundwater and Wells" and California Department of
Water Resources' "7-Steps for Managing Ground Water Supplies" discuss quantification of groundwater resources.

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Three California agencies play a role in regulating State water rights and uses: a. California Department of Fish and Game (DF&G), is charged with protecting state's fish and wildlife resources. DF&G assesses an
"environmental filing fee" to any applicant for an appropriative water right that exceed the limits for domestic use registration. These fees support preparation of streamflow protection standards on stream studies around the state.
b. California Department of Water Resources (DWR), has overall responsibility for managing the State's water resources. DWR conducts
Statewide water resource planning, operates the State Water Project, and runs the federal-state Flood Operations center.
c. State Water Resources Control Board (SWRCB), is part of DWR, and together with nine Regional Water Quality Control Boards, regulates water quality in all State waters; sets water quality standards and administers the
State's permit system to appropriate and divert surface water; allocates water between competing beneficial uses in a watershed for state water rights.
12.22 - Nevada. Nevada's water law is appropriative for both surface and groundwater uses. The State Engineer allocates water use.
a. Consumptive Uses (diverted uses). Recognized beneficial uses include domestic, electric power, industrial self-supply, irrigation, public supply, rural, and stockwatering.
b. Instream flows (Non-consumptive uses). Recognized beneficial uses include hydropower generation, navigation, recreation, waste disposal, and wildlife watering purposes.
12.23 - Oregon. Oregon's water law is appropriative for both surface and groundwater uses. The Water Resources Department allocates water use.
a. Consumptive uses (diverted uses). Recognized beneficial uses include domestic, fish and wildlife, hydropower generation, industrial, irrigation, mining, recreation, and stockwatering.
b. Instream flows (Non-consumptive uses). Recognized beneficial uses include fish protection, pollution abatement, and recreational use.