1. (a) “Annual report” refers to any of the following documents:

   1. (1) Progress report by permittee, pursuant to section 925;
   2. (2) Report of licensee, pursuant to section 929;
   3. (3) Water use report of registration and certificate holder, pursuant to section 924; or
   4. (4) Supplemental statement of water diversion and use, pursuant to section 5104 of the Water Code.
2. (b) “Board” means the State Water Resources Control Board.
3. (c) “Claimed water right” means the legal entitlement or claim to divert a reasonable amount of water from a specified source for a beneficial, non-wasteful use. Such entitlement may be granted under a board-issued permit, license, or registration, a federal non-reserved or reserved right on file with the board, or through a riparian or pre-1914 appropriative right claimed in a statement of water diversion and use that may or may not have been confirmed or adjudicated.
4. (d) “Delta” means the Sacramento-San Joaquin Delta as defined in section 12220 of the Water Code and the Suisun Marsh as defined in section 29101 of the Public Resources Code.
5. (e) “Deputy director” means the Deputy Director for the Division of Water Rights, or their delegee.

6. (f) “Diverter” means any of the following:

   1. (1) Any person authorized to divert water under a permit, license, or registration;
   2. (2) Any person required under Division 2, Part 5.1 of the Water Code to file a statement of water diversion and use;
   3. (3) To the extent authorized by federal law, the federal government for claimed water rights under permits, licenses, registrations, statements of water diversion and use, or non-reserved or reserved rights on file with the board; or
   4. (4) For the purposes of reporting measurement data, registering measuring devices, or submitting measurement methodologies, alternative compliance plans, or any other submission in accordance with this chapter, an employee or agent acting and submitting on the diverter's behalf.
7. (g) “Division” means the board's Division of Water Rights.

8. (h) “Identification number” of a claimed water right means the unique alphanumeric value that starts with a letter followed by a minimum of six numeric characters and that identifies any of the following:

   1. (1) Application number for a water right license, permit, or registration;
   2. (2) Statement number for a claimed riparian or pre-1914 appropriative right submitted in a statement of water diversion and use; or
   3. (3) Identifying number for a federal non-reserved or reserved right on file with the board.

9. (i) “Maximum allowable diversion amount or rate” means any of the following:

   1. (1) The maximum volume or flow rate of water that is authorized to be diverted annually under a permit, license, or registration;
   2. (2) The larger between the initial and maximum volume or flow rate of water diverted in a twelve month reporting period for a claimed pre-1914 water right filed in a statement of water diversion and use;
   3. (3) The larger between the maximum historical and maximum anticipated volume or flow rate of water diverted in any twelve month reporting period for a claimed riparian right filed in a statement of water diversion and use; or
   4. (4) The maximum volume or flow rate of water diverted in a twelve month reporting period for a federal non-reserved or reserved right on file with the board.

10. (j) “Measurement data” means the numerical data measured and submitted in accordance with and meeting the requirements of this chapter, subject to the following clarifications:

    1. (1) “General measurement data” means the numerical values of the general measurement parameters described in subdivisions (a) and (c) of section 933, as applicable, and submitted in accordance with subdivision (a) of section 935.
    2. (2) “Large diversion measurement data” means the numerical values of the large diversion parameters described in subdivisions (b) and (c) of section 933, as applicable, and submitted in accordance with subdivision (b) of section 935.
    3. (3) “Provisional measurement data” means measurement data of the required measurement parameters that may not yet be fully processed or quality assured to meet the accuracy requirements of this chapter or that may not yet be fully apportioned to each claimed water right. Provisional measurement data are subject to change.
11. (k) “Measurement methodology” means the combination of all measuring devices and any accompanying methodology, including calculations, conversions, formulas, and quality assurance protocols, through which a diverter accounts for the required measurement parameters for each claimed water right.
12. (l) “Measuring” or “measured” includes accounting for, calculating, determining, and recording the measured value, as necessary.
13. (m) “Measuring device” means a device or other means of measuring that either directly measures and provides a numerical value of volume or flow rate, or measures and provides a numerical value of a different parameter that can be used to calculate volume and flow rate, such as velocity, water elevation, volume of water in storage, or electricity consumption or generation.
14. (n) “Online reporting platform” means an internet-based software application available on the board's website, through which reports, forms, data, documents, or other information are submitted.
15. (o) “Point of diversion” means the location where water is diverted. Points of diversion include points of direct diversion, points of diversion to storage, and points of rediversion of previously diverted or previously stored water.

16. (p) “Qualified individual” means a person who meets any of the following criteria:

    1. (1) For a claimed water right with a maximum allowable diversion amount greater than 200 acre-feet per year:

       1. (A) A California-registered Professional Engineer or a person under the supervision of a California-registered Professional Engineer who is employed to install, operate, and maintain measuring devices or implement and verify the accuracy of measurement methodologies;
       2. (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;
       3. (C) A board-certified Water Treatment Operator or Water Distribution Operator who is trained and experienced in water measurement;
       4. (D) A person professionally employed as a hydrographer or water measurement technician who is trained and experienced in water measurement;
       5. (E) In the case of a claimed water right held 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; or
       6. (F) A diverter, or employee or agent of a diverter, who has completed an instructional course described in section 1841.5 of the Water Code, or other instructional course approved by the deputy director that is substantially similar to the course described in section 1841.5 of the Water Code, and who is installing and maintaining measuring devices or implementing measurement methodologies for the diverter's own diversion.
    2. (2) For a claimed water right with a maximum allowable diversion amount of 200 acre-feet per year or less, a person trained and experienced in water measurement and reporting. This may include the diverter, the diverter's employee or agent, or a person who meets any of the criteria described in paragraph (1) of this subdivision.
17. (q) “Quality assurance protocol” means any procedure or process used to ensure the quality and accuracy of measurement data, including correcting for any known or suspected errors in the raw device output to meet the requirements of this chapter.
18. (r) “Rate” or “flow rate” means the volumetric flow rate, expressed in units of volume per unit of time, at which a volume of water passes a designated and calibrated observation point during a specific time period.
19. (s) “Raw device output” means the unaltered, numeric values provided by a measuring device, before any calculations, conversions, formulas, or quality assurance protocols have been applied.
20. (t) “Rediversion” means the diversion of controlled water that has been previously diverted or stored under the same claimed water right.
21. (u) “Release” means all downstream outflow of water from a reservoir.
22. (v) “Threatened, endangered, or fully protected aquatic species” means a species that lives in water for at least one stage of its life and is 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 and G. Code, §§ 2050-2089.25) or listed as fully protected pursuant to section 5515 of the Fish and Game Code.
23. (w) “Twelve month reporting period” means a water year beginning October 1 and ending the following September 30, consistent with subdivision (f) of section 907.
24. (x) “Withdrawal” means water that is removed from a reservoir for subsequent beneficial use. Withdrawal includes water that is put into conveyance infrastructure at the reservoir, and release of water from a reservoir intended for downstream diversion.

The following definitions apply to the terms as they are used in this chapter (chapter 2.8).

Note: Authority cited: Sections 1058, 1840 and 1841, Water Code. Reference: Sections 1841.5, 5103 and 5104, Water Code.

History

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.

2. Amendment of chapter heading, renumbering of former section 931 to section 939.2 and new section filed 1-21-2026; operative 2-1-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 4).