The purpose of this page is to give a broad overview of water transfers and how they work. Consider this discussion a brief introduction to the issues one needs to consider while developing a water transfer proposal. Water transfer basics are covered in these short discussions; some water transfers become far more complex than is portrayed here. For more in depth information the following can be found on this web site: State Water Resources Control Board's Guide to Water Transfers; Department of Water Resources' Transfers to Environmental Water Account or Dry Year Program, Groundwater Substitution and Crop Idling.

The following information is provided to help answer common questions and to provide a basic understanding of the water transfer process in California. Additionally you should be assisted in identifying the types of information you may need to include in a water transfer proposal and where you may find further information.

What is the basis of your water right? If through a water district work with them, if an individual water right, appropriative or riparian, read on. Department of Water Resources (DWR), as part of the Environmental Water Account (EWA) and State Dry Year Program, is always looking for water transfer partners, especially in drier years, Contact: Dean Reynolds. United States Bureau of Reclamation (USBR) buys water supply for Wildlife Refuges. Ecosystem Restoration Program's Environmental Water Acquisition Program is looking for instream flows for specific streams, Contact: Dan Mayer. At times you may also be contacted by other parties wishing to purchase water. If you would like to be included on a list of willing sellers now or in the future, email Dean Reynolds or call him at 916-651-7055 and he will put your name on our list for future reference.

In California you have a right to use water, you don't own water like you do a car or other piece of property. You can only transfer water if it does not injure any legal user of water, generally referred to as the "no injury rule". In water short California, water you don't use and your return flows are used by others downstream. Transferring water in such a way as to make that water unavailable to those users who have used your unused water or return flows often leads to injury of those downstream users. Your transfer needs to be structured in such a way as to avoid injury.

Generally no. Transfer of the unused portion of a water right is generally not permitted. Water transfers are premised on providing water to the overall surface water system that would not have been available absent the water transfer. Water rights are ultimately defined by the amount of water that is diverted and put to reasonable and beneficial use. The unused portion of a water right has not been put to reasonable and beneficial use and has remained in the overall water system, therefore the unused portion of a water right is typically not transferable.

Generally not for consumptive use purposes. Water users with a riparian water right may transfer water for "instream" use as provided by California Water Code 1707; the code permits "change of purpose" for environmental and recreational uses. Riparian right holders can transfer water to meet or augment instream flows (see EWA above). In extremely dry years a riparian rights holder may be paid not to divert their water to be procured by another water user downstream. These types of transfers carry high risk to the water purchasers and are only considered during times of exceptional water needs.

Analysis of a water transfer proposal ultimately has the goal of determining if the water transfer will put additional water into the larger water system that would not be there absent the water transfer. Obviously, part of this determination depends on findings regarding "conditions absent the water transfer" as stated below. Other issues may also arise during this stage of a water transfer evaluation e.g., if one user foregoes use of water will another user take and use that water before it reaches the larger system? Other types of losses along the water's path may be taken into consideration.

One of the first appraisals of any water transfer proposal is determination of "what would have occurred absent the water transfer". How would the water have been used if the seller were not participating in a water transfer? The answer to this question aids in establishing a base from which the benefits of a water transfer are calculated.

Typical methods to make water available for transfer: Water transfers are normally based on one of two methods, reduction of consumptive use or reduction in surface water diversions with an increase in groundwater use (groundwater substitution). A third type of water transfer is reservoir release but is usually available only to water districts with storage facilities. Groundwater substitution coupled with surface water storage creates a highly flexible water transfer solution.

Consumptive use, for water transfer purposes, is defined as the amount of irrigation water used by the plant and evaporated from plant leaves and the surrounding soil surface. Reduction of consumptive use is typically accomplished by reducing the amount of cropland that is irrigated by the water user. In some instances, shifting to lower water using crops produces transferable water. For individual growers to receive benefit from a program that lowers consumptive use calls for documentation of past cropping patterns. These records must cover all lands under the water users control; it is not appropriate to lower water use in one area while increasing water use in another. Ordinarily crop histories for the preceding five (5) years are needed. For More Detail see: CROP IDLING

Water made available from reductions of consumptive use is credited when crops would have been actually using the water had the crops been planted. The total amount of irrigation water a plant uses over the course of the growing season is credited monthly based on the percentage of crop irrigation water use for that month. This concept is especially important when the participant supplying water is upstream of the Sacramento/San Joaquin Delta and the buyer is downstream of the Delta. Water made available at a time when the State or Federal water projects cannot pump additional water from the Delta is not credited to the buyer and is lost. The inability of the Projects to move water across the Delta in normal and wet year hydrology can be a substantial obstacle for upstream of Delta transfers to areas downstream and west of the Delta.

Groundwater substitution is a program that substitutes groundwater to irrigate crops that would otherwise have been irrigated using surface water. Wells used in groundwater substitution programs are reviewed for certain criteria to assess the risk of a direct connection between the aquifer and the surface water system. Records establishing base groundwater pumping are also needed. Since groundwater program payments are based on the amount of water pumped an accurate meter is needed on each producing well. Additionally a groundwater monitoring and rapid response plan is needed to detect and prevent injury to other legal water users resulting from additional groundwater pumping for the water transfer. Groundwater substitution transfers may be limited by local ordinance or groundwater management plans. For More Detail see: GROUNDWATER SUBSTITUTION

Larger amounts of water receive a higher priority by water purchasers than small amounts. The amount of work involved in contracting for a small amount of water versus a large amount of water is virtually the same. Thus, larger transfers are often considered first. We encourage individuals to work with water districts or groups of willing sellers if possible.

Consider how your proposed water transfer may effect fish and wildlife. A water transfer may not have "unreasonable effects" on fish and wildlife. Water transfers have the potential to alter stream flows, return flows and ditch water levels to mention a few. Animals that are listed in the Endangered Species Act or the California Endangered Species Act may call for some special consideration. For example, in areas where Giant Garter Snakes live impacts can be lessened by not idling large contiguous parcels of land, maintaining water levels in irrigation ditches and drains and managing how ditch maintenance is performed. Designing an environmentally friendly water transfer can usually be accomplished with minor modifications to farm operations.

When planning a crop idling water transfer program be mindful of your neighbors and business partners. Idling programs may lessen the purchase of seed and other inputs to maintain crops as well as reduce labor. Studies of past water transfers and experience has shown that proceeds from water sales are often reinvested in the land, consequently other businesses and labor sectors may benefit. Indications are that limiting the amount of land idled to 20% or less of normally farmed crop land minimizes the economic effects of land idling programs.

Transfer of water is subject to various regulations and environmental laws such as the National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA) and the California Water Code. To transfer water you may have to petition the State Water Resources Control Board. What is needed depends on the specifics of each water transfer proposal and may be covered by documentation that has been done for various agency programs.