2509.21,30 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 30 - MANAGING WATER RIGHTS AND USES
Contents
31
31.1
31.2
31.3
31.31
31.32
31.33
31.34
31.35
31.36
31.4
31.5
MAINTENANCE OF WATER RIGHTS
Signature Block
Reserved (Federal) Water Rights
California Water Rights
Riparian Right
Overlying (Groundwater) Right
Prescriptive Right
Appropriative Rights
Instream Flows Beneficial Uses
Water transfers
Nevada Water Right Transfers
Oregon Water Right Transfers
32
VERIFICATION OF EXERCISED BENEFICIAL USES
33
33.1
33.2
33.3
WATER RIGHTS IN LAND AQUISITION/ADJUSTMENT PROCESS
Verification of Water Rights
Transfer of Water Rights in Land Acquisition Process
Evaluation of Water Needs and Uses on Acquired Lands
R-5 AMENDMENT 2509.21-96-1
EFFECTIVE 02/28/96
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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 30 - MANAGING WATER RIGHTS AND USES
31 - MAINTENANCE OF WATER RIGHTS. Forests shall maintain water rights
and uses by ensuring water rights are not lost, reporting usage to state, and
updating changes in water right conditions.
31.1 - Signature Block. The signature on all the State of California water rights
forms may be formal or informal as follows:
1.
Formal signature block.
The United States of America, acting through
the United States Department of Agriculture, Forest Service
,
Forest Supervisor or
Acting Forest Supervisor
,
National Forest.
2.
Informal signature block.
,
Forest Supervisor or
Acting Forest Supervisor
National Forest.
31.2 - Reserved (Federal) Water Rights.
1.
Loss of Right. Reserved rights cannot be lost by non-use or abandonment.
2.
Reporting/Notification. No reporting/notification requirements.
31.3 - California Water Rights.
31.31 - Riparian Right.
1.
Loss of Right.
a.
The right is neither created by use nor lost by nonuse.
b.
An unused riparian right is considered dormant, and has a lower
priority when exercised in the future.
c.
A portion of a riparian tract severed from land touching the stream,
loses the riparian right unless the right has been expressly granted or
reserved.
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EFFECTIVE 02/28/96
d.
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Once lost, the right cannot be restored.
2. Reporting/Notification. State Water Resource Control Board usage report
is required every three years on State form WR-40-I, Supplemental Statement of
Water Diversion and Use.
3. Changes in Right. Changes are reported to State Water Resources
Control Board every three years on State form WR-40-I, Supplemental Statement of
Water Diversion and Use.
31.32 - Overlying (Groundwater) Right.
1.
Loss of Right. Right is tied to ownership of overlying land and cannot be
lost.
2. Reporting/Notification. Riverside, San Bernardino, Los Angeles, and
Ventura Counties are required to file annual notices with State Water Resources
Control Board on State form "Ground Water Extractions (Annual Notice)". No other
reporting requirements exist.
3. Changes in Right. Riverside, San Bernardino, Los Angeles, and Ventura
Counties file changes on the annual notices filed with State Water Resources
Control Board.
31.33 - Prescriptive Right. The Forest Service does not establish rights by
prescription, nor can they be established against the United States.
31.34 - Appropriative Rights.
1.
Pre-1914 Appropriative Right.
a.
Loss of Right. The right is subject to loss after five years of
continuous nonuse.
b.
Reporting/Notification. There are no reporting/notification
requirements. Once acquired, the right is maintained only by continuous
beneficial use of water. Therefore, regardless of the amount claimed in
the original notice of appropriation, or at the time diversion and use first
began, the amount which can now be rightfully claimed has in general
become fixed by actual beneficial use, both as to amount and season of
diversion.
c.
Changes in Right. Changes may be made in the point of diversion,
place of use, and purpose of use, provided others are not injured.
2.
Post-1914 Appropriative Right.
a.
Small Domestic Use Appropriation.
R-5 AMENDMENT 2509.21-96-1
EFFECTIVE 02/28/96
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Loss of Right. A registered right may be lost by any of the following:
(a) Forfeiture by abandonment or nonuse of the water for five
consecutive years.
(b) Revocation because of false statements or knowingly concealing
material facts in the registration.
(c)
Revocation for failure to renew the registration.
(d)
Revocation for failure to comply with registration conditions.
(2) Reporting/Notification. Must be renewed every 5 years by
submitting a report to State Water Resources Control Board on State form
WR-1 "Application to Appropriate Water by Permit or Registration of
Small Domestic Use Appropriation". A renewal fee is required.
(3) Changes in Right. Changes in point(s) of diversion or place(s) of use
may be made by filing amended registration forms. A registration fee is
required.
b.
Application-Permit-License Appropritation.
(1) Loss of Right. A permitted or licensed right may be revoked for any
of the following:
(a) Failure to commense, prosecute with due diligence, or complete work
on the project, or to apply the water to beneficial use.
(b)
Failure to use the water beneficially for five consecutive years.
(c)
Failure to comply with the permit or license conditions.
(2) Reporting/Notification. Usage is reported to State Water Resources
Control Board every three years on State form WR-17, Report of Licensee.
(3) Changes in Right. Changes may be made in the point(s) of
diversion, place(s) of use, and purpose(s) of use by filing a petition to the
State Water Resources Control Board. A fee is required.
3.
Stockpond Certificate.
a.
Loss of Right. If the water has ceased to be used primarily for
stockwatering, the certificate may be revoked after notice to State Water
Resources Control Board and an opportunity for hearing.
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b.
Reporting/Notification. A statement of continued existence of the
pond and its use for stockwatering are periodically solicited from the
owner.
c.
Changes in Right. There are no provisions for changes since the
water must continue to be used for stockwatering.
4.
Water Code Section 1227 (AB 929) Right.
a.
Loss of Right. The State Water Resources Control Board may revoke
the right upon finding that the water has ceased to be used for the
purpose for which the original development was intended.
b.
Reporting/Notification. No state reporting/notification procedures
exist.
c.
Changes in Right. No state reporting/notification procedures exist.
31.35 - Instream Flows Beneficial Uses. Section 1707 of the California Water Code
allows water rights holders (both riparian and appropriative, or other) to change the
point of diversion, place of use, or purpose of use from consumptive (diverted)
beneficial uses to non-consumptive (instream) beneficial uses. Fees are involved.
(California Senate Bill 301).
31.36 - Water transfers. Water transfers may be made on a temporary or long-term
basis.
1. Conditional, temporary changes may be made in the point of diversion,
place of use, or purpose of use by filing a petition with the State Water Resources
Control Board. These temporary changes may be made due to a transfer or
exchange of water or water rights if this transfer does not change the amount of
water use from that of the existing water right.
2. A long-term water transfer may be approved by the State Water Resources
Control Board, subject to a review by California Department of Fish and Game,
where the change would not result in substantial injury to any legal user of water
and would not unreasonably affect fish, wildlife, or other instream beneficial uses.
31.4 - Nevada Water Right Transfers. Transfer of water from county of origin to
another county is taxed and requires mitigation of adverse economic effects caused
by the transfer (Nevada Division of Water Rights "Nevada Water Laws").
31.5 - Oregon Water Right Transfers. An application to transfer a water right must
be filed with the Water Resource Department to change the point of diversion, the
nature of use, place of use, or a combination of these. The transfer is allowed as
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long as the change(s) does no injure other water rights (Oregon Water Resources
Department "Oregon's Water Rights System").
32 - VERIFICATION OF EXERCISED BENEFICIAL USES. Forests shall verify
the following:
1. Exercised beneficial uses are the same as those reported in the water right
when filing state reports.
2.
Provisions of agreements with states, tribes or other entities are being
met.
33 - WATER RIGHTS IN LAND AQUISITION/ADJUSTMENT PROCESS.
33.1 - Verification of Water Rights. Forest Supervisors shall verify the existence
and validity of water rights on lands or waters to be acquired during the title
search, before taking land adjustment actions.
Forest staff responsible for land acquisition shall:
1. Determine if there is an existing water use on the land by field
examination.
2. Establish the validity of the federal or state water right(s) for the existing
use(s) by determining if:
a.
There is a valid right for the use. In most cases, if the right is a
valid recognized use, there should be some state filing. Sources of
information are:
(1) Records and publications from the State Water Resources Control
Board of California.
(2)
Superior Court and Federal Court adjudications.
(3)
Records of the County Recorder.
(4) Records of the U.S. Bureau of Reclamation and other federal
agencies.
b.
The water right is whole or split with another party.
c.
The water right is reserved by the landowner or given to a third
party.
d.
There is more than one water right for the use.
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e.
The use has been continuous for the full amount, or what lesser
amount has been used.
f.
The water right has not been in continuous use, what time period it
has not been used.
3. Determine if a valid water right may be acquired where water uses have
no water rights or have invalid water rights.
33.2 - Transfer of Water Rights in Land Acquisition Process.
1. Forests shall transfer water rights during land acquisition to insure
appurtenant water rights are conveyed in the deeds.
2.
In California, water rights normally transfer with the land.
3.
Forest staff responsible for land acquisition shall:
a.
Determine and accomplish actions needed to transfer valid water
rights into name of the United States.
b.
Inform the Forest staff responsible for water rights on the status of
existing water rights and uses, and supply the documents pertaining to
the water rights acquired. These documents could include deeds, State
filings, and/or court documents resulting from an adjudication.
33.3 - Evaluation of Water Needs and Uses on Acquired Lands.
1. Forests shall evaluate water needs on acquired lands to plan for the use of
any acquired interest in water in conjunction with land appraisal, consulting with
the Regional Lands and/or Water Rights Specialists as needed.
2. Forest staff responsible for water rights shall evaluate water needs for the
management of National Forest lands to determine if:
a.
The acquired right(s) specifically supports permitted use(s). If so,
include purchase costs in special use fees for permitted use(s).
b.
The existing water use(s) should continue under the existing water
right(s).
c.
The existing water use(s) should change, necessitating changing the
existing water right(s) or acquiring a new water right(s).
d.
Water use(s) should be established and new water right(s) acquired.