1. (a) Eligibility and Scope. Diverters may submit an alternative compliance plan to more effectively or efficiently measure the parameters described in section 933. Alternative compliance may be appropriate in circumstances including, but not limited to, where strict compliance with the requirements of this chapter is not feasible, would be unreasonably expensive, would unreasonably affect public trust uses, would result in the waste or unreasonable use of water, or is met by another person, agency, or organization. Alternative compliance plans must fulfill the requirements of this chapter to the extent practicable and provide sufficiently accurate and timely measurement data to the board.
2. (b) Alternative compliance plans may cover a single diverter or a group of diverters.

3. (c) Alternative Compliance Plan Content. Each alternative compliance plan must be electronically submitted on a form available through the board's online reporting platform and contain the following information, at a minimum:

   1. (1) Name and contact information, including email address, for:

      1. (A) All participants covered by the alternative compliance plan;
      2. (B) The primary contact person to represent all diverters covered by the alternative compliance plan in measurement matters; and
      3. (C) The qualified individual who certified that the alternative compliance plan meets the requirements of this chapter;
   2. (2) Identification number of each claimed water right covered by the alternative compliance plan;

   3. (3) Detailed description of the area covered by the alternative compliance plan, including all of the following:

      1. (A) All points of diversion and how water is diverted at those points and conveyed to the place of use;
      2. (B) Total acreage included in the alternative compliance plan, if applicable;
      3. (C) Assessor's parcel number and ownership within the area covered by the alternative compliance plan; and
      4. (D) A map that clearly shows the location of each place of use, point of diversion, and measurement location for each claimed water right covered by the alternative compliance plan that must be clearly labeled;

   4. (4) Description of how the proposed alternative measurement methodology functionally complies with the requirements of this chapter to the extent practicable, including:

      1. (A) An explanation of the specific basis for claiming that the proposed alternative compliance plan is more efficient or effective than strict compliance with the requirements of sections 933 through 935 and meets the alternative compliance eligibility and scope criteria described in subdivision (a);
      2. (B) Identification of the proposed measurement frequency and accuracy;
      3. (C) A description of the proposed measurement methodology, including any measuring devices or alternative means of measuring the required measurement parameters, any measurement locations, and any calculations, conversion methods, formulas, and quality assurance protocols, and how the proposed measurement methodology is implemented to derive the measurement data submitted to the board from the raw device output. For measurements using remote sensing, a description of the methodology used to determine the required measurement parameters from the remote sensing data;
      4. (D) A description of the proposed methodology to distinguish and apportion general measurement data to each claimed water right covered by the alternative compliance plan;
      5. (E) For each claimed water right or point of diversion that meets the large diversion applicability described in subdivision (b) of section 932, a description of the proposed large diversion submission frequency; and
      6. (F) If applicable, including for measurements using remote sensing, a description of the methodology used to account for any water losses between the point of diversion (or the location where water is withdrawn or released from a qualifying reservoir) and the measurement location, including water losses due to percolation or evaporation;
   5. (5) Description of the implementation and the implementation schedule with date-specific, objective milestones from the date of submission of the alternative compliance plan to the board through final implementation;
   6. (6) An affirmation, signed by all diverters covered by the alternative compliance plan or their agent, that the alternative compliance plan will be implemented in accordance with the schedule contained therein; and
   7. (7) A certification by a qualified individual that the alternative compliance plan meets the requirements of this chapter.
4. (d) Registering Measuring Devices. Diverters must register each measuring device included in the alternative compliance plan with the board in accordance with subdivision (b) of section 934. For alternative compliance plans that do not use any measuring devices, diverters must indicate when submitting measurement data that no measuring devices were used.
5. (e) Measurement Data Submission and Schedule. Except as described in sections 939.1 through 939.6, diverters must submit general measurement datafiles in accordance with subdivision (a) of section 935. Except as described in sections 939.1 through 939.6, for each claimed water right or point of diversion that meets the large diversion applicability described in subdivision (b) of section 932, diverters must submit large diversion submissions in accordance with subdivision (b) of section 935 or in accordance with an alternative large diversion submission schedule described in the alternative compliance plan.

6. (f) Alternative Compliance Plan Submission and Implementation. Each alternative compliance plan must be submitted to the board and implemented as follows:

   1. (1) For alternative compliance plans first implemented before October 1, 2026, diverters must submit an alternative compliance plan to the board in accordance with this section on or before January 31, 2027. For alternative compliance plans first implemented on or after October 1, 2026, diverters must submit an alternative compliance plan to the board in accordance with this section on or before January 31, 2027 or before its implementation, whichever is later.
   2. (2) For any changes or modifications to a previously submitted alternative compliance plan, including changes in the methodology, area, measurement location, or participants, diverters must submit a revised alternative compliance plan to the board on or before the submission deadline of the annual report for which the changes first apply.
   3. (3) Alternative compliance plans submitted in accordance with this section will be considered accepted and must be implemented according to the schedule described in the alternative compliance plan, unless otherwise directed by the deputy director. The division may review any submitted alternative compliance plan in accordance with subdivision (g).
   4. (4) Alternative compliance plans will be presumed to remain in effect until cancelled, updated, or otherwise modified by the diverter, or rejected by the division. Diverters must review their alternative compliance plan every five years and confirm that there are no proposed changes with the alternative compliance plan as submitted.
   5. (5) Alternative compliance plans submitted pursuant to this section must be posted on the board's website with the opportunity for comment by any interested party.

7. (g) Review and Verification. The division may:

   1. (1) Review any alternative compliance plan and request additional information to support the alternative compliance plan, including for purposes of validating the effectiveness and appropriateness of the alternative measurement methodology and its implementation;
   2. (2) Make findings evaluating the appropriateness of an alternative compliance plan based on the contents of the alternative compliance plan and related evidence, and whether the alternative compliance plan meets the eligibility and scope requirements of this section;
   3. (3) Audit an alternative compliance plan, conduct a field inspection, or request additional information from the diverter to determine if an alternative compliance plan has been properly implemented and meets the requirements of this section;
   4. (4) Require the diverter to submit evidence that an alternative compliance plan has been implemented in accordance with the proposed schedule;
   5. (5) Confer informally with the sponsor or participants of an alternative compliance plan to suggest modifications to the alternative compliance plan;
   6. (6) Require changes or modifications to any alternative compliance plan to meet the requirements of this chapter, correct a deficiency, or respond to changes in hydrologic conditions or other circumstances. Such changes or modifications must be made and implemented within a reasonable time;
   7. (7) Approve, with or without conditions, any alternative compliance plan that meets the requirements of this chapter. Conditions for approval may include, but are not limited to, implementation of the alternative compliance plan in accordance with its schedule and continued adherence to the requirements of this section in response to changes in hydrologic conditions or other circumstances; or
   8. (8) Reject any alternative compliance plan that fails to meet the requirements of this chapter. The division must notify the diverter in writing if the alternative compliance plan has been rejected, and written notices of rejection must include the basis for the rejection. The rejection of an alternative compliance plan shall not retroactively affect the compliance status of a submitted and implemented alternative compliance plan.
8. (h) Incomplete alternative compliance plans and alternative compliance plans that do not meet the minimum requirements of this section shall not relieve the diverter of the requirement to fully comply with this chapter.

Note: Authority cited: Sections 183, 1051, 1058, 1840 and 1841, Water Code. Reference: Sections 13, 1123, 1841.5, 1846 and 5103, Water Code.

History

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.

2. Repealer and new section filed 1-21-2026; operative 2-1-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 4).