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Board adopts updated measurement and reporting rules for diversions, readies new CalWaters reporting requirements
Summary
The State Water Resources Control Board voted Aug. 5 to adopt updated regulations revising the diversion measurement and reporting rules (SB 88), aligning format and timing with the new CalWaters system and adding phased compliance dates and alternative compliance options for diverters.
The State Water Resources Control Board on Aug. 5 approved a package of revisions to California’s diversion measurement and reporting regulations (commonly called SB 88 rules), directing staff to submit the rulemaking package to the Office of Administrative Law with an anticipated effective date of Oct. 1, 2025.
Division of Water Rights staff told the board the update makes measurement data more standardized and usable, clarifies who must measure and how data should be submitted, and aligns reporting with the new statewide CalWaters platform. Staff said the revised text restructures the regulation for clarity, refines definitions, replaces the term “telemetry” with “large diversion” for the higher‑frequency reporting threshold, and expands flexibility through alternative compliance plans (ACPs).
Key changes adopted include: a standardized machine‑readable data template for uploads to CalWaters; phased compliance and transitional dates so that water year 2025 reports will use prior rules and the new file formats and device registrations take effect in later reporting cycles; a nationwide‑style large‑diversion threshold set at 10,000 acre‑feet per year or 30 cubic feet per second (CFS) at any time for more prescriptive weekly reporting; expanded eligibility for ACPs and more clarity on measurement methodologies; and an email‑based CalWaters registration requirement.
Staff and board members acknowledged low historical compliance under SB 88 data‑file requirements and urged coordinated outreach and technical assistance. The division estimated statewide implementation costs conservatively in an economic analysis accompanying the rulemaking and said most project costs concentrate with large diverters. A number of municipal utilities, utilities trade groups and large diverters urged the board to limit high‑frequency reporting during noncritical periods, to provide an appeals process or timelines to review ACPs, and to continue close coordination with CalWaters to address data import and template issues.
During public forum, ELAP and several water users raised operational concerns and asked the division to prioritize outreach and to work with large diverters on ACP reviews. Board members and the executive director emphasized that the board will continue outreach, technical assistance, and iterative revisions during implementation. The roll‑call vote to adopt the regulation was unanimous: Board members Sean Maguire, Laurel Firestone and Vice Chair Doreen D'Adamo and Chair Joaquin Esquivel voted yes. The board approved the resolution to submit the rulemaking package following staff’s recommendation.
