1. (a) For the purposes of this chapter, “threshold” means the numeric value above which a particular requirement of this chapter applies and at or below which it does not apply. Thresholds may refer to the general applicability, large diversion applicability, or qualifying reservoir thresholds described in section 932, or the measurement frequency thresholds described in subdivision (h) of section 933.
2. (b) For the purposes of this chapter, “submission schedule” means the submission frequency and associated dates by which general measurement datafiles or large diversion submissions must be submitted, as described in paragraphs (a)(3) and (b)(3), respectively, of section 935.

3. (c) The deputy director may issue orders to adjust any threshold or submission schedule within a watershed or portion thereof.

   1. (1) The deputy director may raise the general applicability threshold within a watershed or portion thereof consistent with paragraph (b)(2) of section 1840 of the Water Code but may not lower the general applicability threshold to be any value below 10 acre-feet per year.

   2. (2) For diverters not subject to large diversion requirements, the deputy director may not lower the measurement frequency thresholds below the following:

      1. (A) For hourly measurements, 1,000 acre-feet of storage capacity or 1,000 acre-feet per year;
      2. (B) For daily measurements, 100 acre-feet of storage capacity or 100 acre-feet per year; or
      3. (C) For weekly measurements, 10 acre-feet of storage capacity or 10 acre-feet per year.
   3. (3) The deputy director has the discretion to allow diverters to submit provisional measurement data for submission schedules that have been adjusted to require more frequent submission of general measurement datafiles than described in paragraph (a)(3) of section 935. Provisional measurement data must be clearly labeled. For general measurement datafiles that are submitted with an annual report, the general measurement data must not be provisional.

4. (d) The deputy director may adjust a threshold or submission schedule within a watershed or portion thereof based on consideration of the following:

   1. (1) The total volume of water diverted per month in relation to the total volume of water available per month within the watershed or portion thereof;
   2. (2) The requirements of any policy, decision, or order of the board or a court;
   3. (3) The need for diversion and/or withdrawal or release measurement information in evaluating how the diversions and/or withdrawals or releases impact public trust resources or water availability;
   4. (4) Any relevant information submitted by affected diverters, federal, state, local, or tribal governments, or other interested parties regarding a proposed adjustment;
   5. (5) The cost of meeting the requirements of this chapter in relation to the benefits of the additional measurement information at a specific threshold or submission schedule; and
   6. (6) Whether a proposed adjustment will unreasonably injure public trust resources or threatened, endangered, or fully protected aquatic species.
5. (e) The deputy director must provide affected diverters with no less than 15 days' notice and opportunity for comment before adjusting the large diversion applicability, qualifying reservoir, or measurement frequency thresholds, or the submission schedules. The notice must include a description of the proposed adjustment and must be distributed to affected diverters.
6. (f) After considering the items described in subdivision (d) and any comments received pursuant to subdivision (e), as applicable, the deputy director may issue an order to adjust a threshold or submission schedule within a watershed or portion thereof. An order issued pursuant to this subdivision must be distributed to affected diverters. The order shall become effective on the date it is issued unless a later effective date is specified in the order. The order may remain in effect for a period not to exceed five years, after which it may be renewed. If changing conditions warrant, the deputy director may modify or cancel any adjustment.
7. (g) The deputy director must maintain and post on the board's website a list of thresholds and submission schedules for watersheds or portions thereof where the threshold or submission schedule has been adjusted in accordance with this section.

Note: Authority cited: Sections 1051, 1058, 1840 and 1841, Water Code. Reference: Sections 13, 1123, 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).