THE PONDS PROJECT - Sustainable Conservation

cropping patterns to be a potentially reasonable measure for reducing water
demand from existing stream diversions with valid water rights. Although CDFG
works with diverters to ensure that their minimum water needs are met,
prospective participants in the Ponds Project would need to explain and support
their position regarding “reasonable” changes to their cropping program.
2. Increased irrigation efficiency
a. Options for increased irrigation efficiency should be investigated.
Information on available technologies and best management practices should
be explored, and estimated water savings and implementation costs calculated.
This information will be useful in determining what efficiency measures can
be reasonably implemented, or conversely, in demonstrating that a diverter is
already using the best available irrigation practices and technologies to reduce
water demand.
3. Water re-use and recycling
a. Opportunities for re-use of crop processing water, irrigation tailwater, and
recycled water should be evaluated. These sources may significantly reduce
or eliminate the need for diversions of summer streamflows.
Providing Dedicated Fish Flows through a Section 1707 Transfer of Existing Water
Rights
If an existing diverter could reduce the quantity of summer streamflow diversions
through increased irrigation efficiency and the development of winter storage capacity,
the best way to ensure relative increases in instream flows would be to change the
beneficial use for this water from “irrigation” to “instream flows” through a Section
1707 transfer.
Section 1707 of the California Water Code allows for the transfer and dedication of all, or
part of, an existing water right specifically for environmental purposes as long as it will
not: (1) increase the amount of water the person is entitled to use; and (2) unreasonably
affect any legal user of water. A 1707 transfer precludes any other party from taking the
new summer flows unless their rights are senior to the rights of the original water rights
holder. The advantage to a diverter of such a transfer is that it allows the increased
summer flows to be formally credited as a quantifiable benefit to fisheries under CEQA
and NEPA. This “credit” can also be valuable in analyses required for a Section 1600
Agreement and an Incidental Take Permit issued pursuant to CESA and ESA. There are
several Section 1707 transfer issues that the diverter should be aware of:
1. Quantification Requirements:
Before a Section 1707 dedication to instream flows can be made, a diverter will be
required to document the quantity and seasonality of water use. Diverters need to
demonstrate a valid right for the water that is proposed for transfer, and divulge the
actual use of all the water. This requirement is intended to prevent the transfer of
“paper water,” or water listed on a water right but not actually diverted (usually
34