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SB 88 measurement rules delayed; large‑diverter requirements and device registry set for phased rollout
Summary
Division staff said the Chapter 2.8 SB 88 water‑measurement regulations remain in rulemaking and are delayed; most new measurement requirements for diverters go into effect Oct. 1, 2026, device‑registry and methodology forms are due January 2027, and updated measurement data will be due January 2028.
Sierra Kennison, an engineer with the Division of Water Rights, summarized changes to the Board’s water‑measurement rulemaking connected to SB 88 and explained the phased timeline for implementation.
Kennison said two related rule changes (appropriation of water and annual reporting) took effect in September; the Chapter 2.8 water‑measurement regulations are still undergoing rulemaking and remain open for public comment through the end of the week. "Chapter 2.8 is the SB 88 water measurement regulation... It's the part that is still ongoing in the rulemaking process," she said.
Key dates and scope: Kennison said most updated measurement requirements will take effect Oct. 1, 2026. Device registration, measurement‑methodology forms, and alternative compliance plans will be due in January 2027; measurement data collected under the new requirements will be due January 2028. The Board described that implementation is phased so immediate changes for most diverters are limited this year.
Large‑diverter thresholds and telemetry: The updated rules rebrand prior "telemetry" mandates as "large diversion" requirements. Kennison said the large‑diverter category applies to a single water right diverting more than 10,000 acre‑feet per year or diverting more than 30 cubic feet per second at any time; if multiple water rights share a single point of diversion that together exceed the threshold, that point would be subject to the large‑diverter obligations. Kennison said telemetry can be enabled for supported devices and those data can be integrated later, but users remain responsible for filing annual reports.
Measurement templates and alternative compliance plans: Kennison said diverters will eventually be required to submit standardized data templates via Cal Waters, but the templates are not required for the current year. The Board will accept existing alternative compliance plans and device registries, but updated registry entries and ACP submissions are expected in January 2027; she added that ACPs will no longer require automatic five‑year renewals under the revised rule language—users should review and update plans as needed.
How to comment or ask questions: Kennison provided links to the rulemaking page and the regulation text and listed the measurement team email for written comments and inquiries: dwr-measurement@waterboards.ca.gov. She encouraged stakeholders to submit public comments before the stated deadline.
Kennison’s presentation is part of a broader Cal Waters rollout that aims to centralize data submission, standardize measurement reporting and make scanned documents and historic records easier to find and analyze.
