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§ 931. Definitions.


Barclays Official California Code of Regulations Currentness
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 2.8. Measuring and Monitoring
23 CCR § 931
§ 931. Definitions.
The following definitions apply to the terms as they are used in this Chapter.
(a) “Accuracy” means the measured volume relative to the actual volume, expressed as a percent, and determined at the same frequency as is specified for monitoring in section 933, subdivision (b) of this title. The percent shall be calculated as 100 x (measured value - actual value)/actual value.
(1) “Measured value” is the value indicated by the device or measurement method or determined through calculations, such as flow rate combined with duration of flow.
(2) “Actual value” is the value as determined through laboratory, design, or field testing protocols.
(b) “Board” means the State Water Resource Control Board.
(c) “Delta” means the Delta as defined in section 12220 of the Water Code and the Suisun Marsh as defined in section 29101 of the Public Resources Code.
(d) “Deputy director” means the Deputy Director for the Division of Water Rights.
(e) “Diverter” means:
(1) Any person authorized to divert water under a permit or license; or
(2) Any person required under Water Code, Division 2, Part 5.1 to file a Statement of Water Diversions and Use; or
(3) Any person authorized to divert under a registration; or
(4) To the extent authorized by federal law, the federal government for rights claimed under permits, licenses, registrations, statements of water diversion and use, and non-reserved and reserved rights on file with the board.
(f) “Diverter with multiple claimed rights” means a diverter who diverts water under more than one of the following: permits, licenses, registrations, stockpond certificates, or statements of water diversion and use.
(g) “Executive director” means the Executive Director of the board.
(h) “Measurement method” means a method capable of accounting for the rate of direct diversion, rate of collection to storage, and rate of withdrawal or release from storage where the method is likely to achieve accuracy standards comparable to those of individual measuring devices as described in section 933 subdivision (d) of this chapter.
(i) “Measuring device” means a device by which a diverter determines and records the numeric value of flow rate, velocity or volume of the water passing a designated and calibrated observation point during a specific time period. A measuring device may be a manufactured device, an on-site built device, or an in-house built device.
(j) “Place of use” means the legal location where water is used under the water right or claimed water right, subject to the following clarifications:
(1) For livestock stockpond registrations, as defined in section 1228.1, subdivision (b)(3) of the Water Code, and for stockpond certificates, as described in section 1226.1 of the Water Code, the place of use is the stockpond.
(2) For single purpose recreational ponds, the place of use is the pond.
(3) For other ponds or reservoirs, the deputy director may designate the pond or reservoir as the place of use for the purposes of compliance with this chapter.
(4) For instream flow beneficial uses and wetland preservation and enhancement dedications, the place of use is the designated reach of the stream or the wetland area where the water is applied to beneficial use.
(k) “Point of diversion” means the legal location where water is diverted from its source.
(l) “Qualified individual” means:
(1) For diversions greater than or equal to 100 acre-feet per year:
(A) A California-registered Professional Engineer; or
(B) A California-licensed contractor authorized by the State License Board for C-57 well drilling or C-61 Limited Specialty/D-21 Machinery and Pumps; or
(C) A person under the supervision of a California-registered Professional Engineer and employed to install, operate, and maintain water measurement and reporting devices or methods; or
(D) In the case of a right or a claimed right to divert by an agency of the federal government, a hydrologist or professional engineer experienced and trained in water measurement who is employed by the federal agency in that capacity.
(2) For diversions less than 100 acre-feet per year, a person trained and experienced in water measurement and reporting. This may include the diverter or the diverter's agent.
(m) “Threatened, endangered, or fully protected fish” means a population of fish that belong to a species listed as threatened or endangered pursuant to the Endangered Species Act, (16 U.S.C. §§ 1531-1544), or the California Endangered Species Act, (Fish & Game Code, §§ 2050-2097) or fully protected pursuant to Fish & Game Code, § 5515.
(n) “Twelve month reporting period” has the same meaning as in section 907, subdivision (e) of this title.
(o) “Type of measuring device” means a class of measuring devices manufactured or built to perform similar functions. For example, inline flow meters, submerged orifice gates, and rectangular, v-notch, and broad crested weirs are types of measuring devices.
Note: Authority cited: Sections 1058, 1840 and 1841, Water Code. Reference: Sections 13 and 5103, Water Code.
1. New chapter 2.8 (sections 931-938) and section filed 3-21-2016 as an emergency; operative 3-21-2016 (Register 2016, No. 13). Pursuant to Water Code section 1841(b), the regulations shall remain in effect until revised by the State Water Resources Control Board.
This database is current through 5/6/22 Register 2022, No. 18
23 CCR § 931, 23 CA ADC § 931
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