2509.21,40 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 40 - WATER RIGHTS AND USES RECORDS AND DATA BASE
Contents
41
FILE ORGANIZATION FOR WATER RIGHT RECORDS
41
42.1
42.2
R-5 WATER RIGHTS AND USES INVENTORY AND MAP
Regional Inventory
Regional Map
43
R-5 WATER RIGHTS AND USES DATA BASE
44
ANNUAL REPORTING
45
PROGRAM REVIEW
R-5 AMENDMENT 2509.21-96-1
EFFECTIVE 02/28/96
2509.21,40
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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 40 - WATER RIGHTS AND USES RECORDS AND DATABASE
41 - FILE ORGANIZATION FOR WATER RIGHT RECORDS. Establish and
maintain water rights and uses files as follows (See FSH 6209.11 for retention
period and full description of records).
1.
Water Uses and Development. File designation 2540.
2. Water Rights Case Folders. File designation 2540-1. Make a separate
case folder for each major water right, or adjudication and litigation case. Include
protest forms in case folders. State water right documents are important records
similar to property deeds. Examples of this are Rock Water Company application,
the U.S. vs. Nevada suit on the Truckee, California-Nevada Compact, and so forth.
Retain in office permanently.
3. Water Rights Inventory Case Folders. File designation for water rights
2540-1, denial or cancellations 2540-1-1, and water uses of others 2540-1-3. State
water right documents are important records similar to property deeds. Retain in
office permanently.
Set up water uses, requirements, and rights inventory file folders in the following
sequence:
a.
California.
(1) Notifications of Existing Water Use to State of California for
Federal/Reserved Water Rights. Identified by Forest Use Number. File
numerically by Forest Use Number.
(2) Water Code Section 1227 listing. Forest Service rights on reserved
land for other than primary purposes, identified by Forest Use Number.
File numerically by Forest Use Number.
(3) State of California appropriative rights in the name of the United
States. File numerically by application number.
(4) State of California appropriative rights in the permittee's name used
on National Forest land for National Forest purposes. File numerically by
application number.
(5) Statements of Water Diversion and Uses for National Forest
purposes for riparian and pre-1914 appropriative water rights. File
numerically by statement number.
R-5 AMENDMENT 2509.21-96-1
EFFECTIVE 02/28/96
2509.21,40
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(6) Claims of Water Right for Stockpond Built Prior to 1/1/69. File by
certificate or claim number.
(7)
Notices of Ground Water Extraction. File by claim number.
(8) All remaining State of California appropriative rights for use on
private lands. File numerically by application number. Normally, there
will be only one or two documents for each right.
(9) List of Permittees with appropriative water rights on National
Forest lands in the name of the Permittee and copy of permit or license if
available.
(10) Protest forms for water rights. File numerically by application
number.
b.
Nevada and Oregon. Establish and maintain files using the same
format as for the California water rights records.
4. Water Uses Rights and Requirements Inventory. File designation
2540-1-2. Includes inventory data files on water uses, water requirements, and
water rights which are needed for the planning and implementation of program on
National Forest System lands.
42 - R-5 WATER RIGHTS AND USES INVENTORY AND MAP.
42.1 - Regional Inventory.
1. Forests shall inventory water rights and consumptive uses on a National
Forest System watershed basis, keyed to the point of diversion and place of use,
then recorded on the regional water rights and uses data base.
2. When required (for example, during an adjudicaton), the Regional
Forester shall direct the Forest Supervisor to inventory non-consumptive uses on a
National Forest System watershed basis.
3. The inventory contains information about water rights, uses or needs for
National Forest purposes and about water uses of other parties consisting of:
a.
Water rights on withdrawn lands that are valid as against the
United States.
b.
Rights and uses of others not covered in section a. Distinguish
between Permittees using water for National Forest purposes on National
Forest lands and Permittees using and/or impounding water on National
Forest lands for use on private lands (call the latter, "use by others").
R-5 AMENDMENT 2509.21-96-1
EFFECTIVE 02/28/96
2509.21,40
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c.
Existing and foreseeable National Forest System water uses,
requirements and rights.
42.2 - Regional Map.
1. Forests shall identify each water use and water right inventoried on
regional water rights and uses data base by its Forest Use Number.
2. Forest Water Uses Inventory map information will be incorporated into
the GIS data base.
43 - R-5 WATER RIGHTS AND USES DATA BASE. The regional data base
application, R5WR, is used at Forest Supervisor Office sites. The application is
written in PROXI-COBOL and uses Present report functions. When national or
regional queries are necessary, the Forest query results are combined.
The primary users are land management and water resource development planners,
hydrologists, water quality management specialists, and water rights specialists.
Other users may include legal counsel, engineers, and resource specialists in other
disciplines.
The R5WR User's Guide provides data input and report format information for the
regional data base.
Forests must update regional data base by October 31 of each year.
44 - ANNUAL REPORTING. Submit end of year report to the Regional Office on
the Report of Forest Service form located in the narrative section of the annual
Soil/Water/Air budget instructions. Forests shall report activities as follows:
1. Number of Forest Service applications for water rights or filings of water
uses with state.
2.
state.
Number of reviews and protests to water rights applications of others with
3. Number of instream flow claims quantified for 4e conditions for
FERC/hydropower project licenses, or for relicensing of existing projects.
4. Number of consumptive and instream flow claims quantified and filed for
adjudication proceedings.
45 - PROGRAM REVIEW. Regional Water Rights Specialist shall conduct water
rights and uses program reviews through Forest Assistance Trips. Four to five
Forests shall be scheduled for review each fiscal year. Each forest program shall be
reviewed in a four to five year cycle. Program reviews should include assessment of
program accountability, program effectiveness, support to ecosystem management,
and program role in forest planning.