Section 935 - Alternative Compliance for a Measuring Device or Measurement Method Requirement(a) Alternative Compliance -- Generally. In circumstances where strict compliance with sections 933 or 934 of this title is not feasible, would be unreasonably expensive, would unreasonably affect public trust uses, or would result in the waste or unreasonable use of water, a diverter may submit an alternative compliance plan.(b) Minimum Standards -- an alternative compliance plan under subdivision (a) shall meet the following minimum standards:(1) The plan shall include the following information:(A) The name and contact information for all diverters covered by the plan;(B) The name and contact information for the person designated to represent all diverters covered by the plan in matters before the board;(C) Identification of each individual water right type and priority covered by the plan;(D) A detailed description of the area served by the plan, including all points of diversion whether used or not used, all methods of diversion, any conveyance systems, all beneficial uses of water, and all acreage served;(E) The assessor's parcel numbers and ownership within the area covered by the plan;(F) Identification of the proposed measurement frequency;(G) Identification of the proposed measurement methodology;(H) Topographic map(s) or aerial photograph(s) of the area covered by the plan that show the separate places of use authorized to be served by claimed water rights covered by the plan and showing the acreage served;(I) An implementation schedule, including date-specific, objective milestones of plan implementation from date of filing through final implementation, including the estimated milestones for acquiring permits required for plan implementation and the estimated milestones for compliance with the California Environmental Quality Act, if required;(J) Budget for implementation of the plan and the source(s) of financing for the plan;(K) A list of any permits required for plan implementation, the agencies that will issue the permits, and expected dates for issuance;(L) An affirmation, signed by all diverters covered by the plan, that the plan will be implemented in accordance with the schedule contained therein and that all claimed water rights covered by the plan will not be exercised outside the scope of the plan.(2) The plan shall include an explanation and substantiating documentation of alternative compliance for each of the requirements of sections 933 and 934 of this title. Absent substantiation of the specific basis for reduced performance standards, the plan shall state how compliance with sections 933 and 934 of this title will be achieved.(3) The plan shall provide detailed documentation establishing and supporting the specific basis for claiming that strict compliance with sections 933 and 934 of this title is not feasible, would be unreasonably expensive, would unreasonably affect public trust uses, or would result in the waste or unreasonable use of water. Any claim that strict compliance is unreasonable expensive shall be accompanied by a cost analysis.(4) The plan shall include a certification by a qualified individual that the plan is in compliance with this chapter.(c) Filing of Alternative Compliance Plan. (1) The alternative compliance plan shall be filed no later than the compliance deadline applicable to the diverter(s)' claim(s) of right under subdivisions (b) and (c) of section 932 of this title.(2) The alternative compliance plan shall be filed electronically on a form available on the board's website.(3) The alternative compliance plan shall be filed under penalty of perjury.(d) Diverters under an alternative compliance plan shall report on plan implementation. Documentation of compliance with the timelines and other elements of the alternative compliance plan shall be filed with the applicable annual report under chapter 2.7 of this title.(e) All plans submitted in accordance with the provisions of this section shall be timely implemented in accordance with the schedule contained therein.(f) The deputy director may make such determinations for a plan, group of substantially similar plans, or group of plans for substantially similar projects.(g) Alternative compliance plans received pursuant to this section will be posted on the board's website. The deputy director shall provide opportunity for comment by any interested parties.(h) The deputy director may:(1) Review any plan, request additional information to support a plan, and confer informally with a plan's sponsor to suggest modification in the plan;(2) Audit any plan or any element of a plan for compliance with this chapter;(3) Require submission of evidence of plan implementation in accordance with the schedule therein;(4) Require changes or modification to any plan or plan component necessary to achieve compliance with this chapter,(5) Require that any defect in a plan be corrected within a reasonable time; and(6) Reject any plan that fails to meet the requirements of this chapter.(j) A decision or order issued under subdivision (h) of this section is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the California Water Code, and all applicable sections of this title.(k) Plan Duration and Renewal. (1) An alternative compliance plan may remain in effect for a period of not more than five years, commencing from the effective date applicable to diversions subject to the plan pursuant to subdivision (c) of section 932 of this title.(2) A diverter may renew an alternative compliance plan by resubmitting it, with or without amendment, before the plan expires.(3) The deputy director may reject a plan renewal for failure of the diverter to implement a previous plan according to its schedule, or for failure of a previous plan to achieve the required accuracy. Incomplete plans, plans that do not meet the minimum standards of this section, and lapses in plans shall not relieve a diverter of the requirement to fully comply with sections 933 and 934 of this chapter.Cal. Code Regs. Tit. 23, § 935
1. New section filed 3-21-2016 as an emergency; operative 3-21-2016 (Register 2016, No. 13). Pursuant to Water Code section 1841(b), the regulation shall remain in effect until revised by the State Water Resources Control Board. Note: Authority cited: Sections 1058, 1840 and 1841, Water Code. Reference: Sections 13, 1846 and 5103, Water Code.
1. New section filed 3-21-2016 as an emergency; operative 3/21/2016 (Register 2016, No. 13). Pursuant to Water Code section 1841(b), the regulation shall remain in effect until revised by the State Water Resources Control Board.