2024 Local Cooperative Solutions (LCSs) under 2024 Scott-Shasta Emergency Regulation

Subdivision (f) of Section 875 of the 2024 Emergency Regulation allows for individuals or groups to develop Local Cooperative Solutions (LCSs) that provided fisheries benefits, flow contributions, or specific and trackable water savings, instead of curtailment. The implementation of the plans that were developed as part of a LCS were monitored by a Coordinating Entity through a binding agreement with the individuals or groups proposing the LCS. The California Department of Fish and Wildlife (CDFW), Scott River Water Trust, Shasta Valley Resource Conservation District, and Siskiyou Resource Conservation District are approved coordinating entities. The individuals covered by a LCS entered into a binding agreement with a Coordinating Entity for their LCS to be approved, or listed as pending, by the Deputy Director of the Division of Water Rights.

In 2024, a LCS may take the following forms:

• Watershed-wide LCS, CCR § 875(f)(4)(A), include all diverters in the Scott River or Shasta River watersheds and provide sufficient assurance that the drought emergency minimum flows will be met.
• Tributary-wide LCS, CCR 875(f)(4)(B), are entered into by diverters in a specific tributary to the Scott River or Shasta River. There are two goals these LCSs could have:
  • Allow diverters on a tributary to work together to ensure that their tributary’s pro-rata share of the drought emergency minimum flows reach the mainstem; or
  • Allow for diverters on a tributary to work together to provide a specific fishery benefit, and CDFW finds that the in-tributary benefits for anadromous fish are equal to or greater than the anticipated contribution to flow that curtailments provide.
  • Livestock diversions that would otherwise be prohibited under CCR 875.7 may be included in a proposal for a tributary-wide local cooperative solution, either on their own or as either part of a LCS. Such a proposal may also be submitted and approved for a mainstem reach, rather than a tributary.
• Individual LCS, CCR 875(f)(4)(C), could have been approved in the absence of an approved tributary-wide or watershed-wide LCS. An individual cooperative solution could take two forms:
  • A binding agreement between a water user or water users and a Coordinating Entity that specified a timeframe during which the water users shall cease diversion and includes a certification that the diversion under a specified water right(s) has ceased.
  • A binding agreement between an individual diverter, or sub-tributary-wide group of diverters, and CDFW or NMFS to perform actions for the benefit of anadromous salmonids. CDFW finds the benefits of these actions in a specific time period are equal to or greater than the anticipated contribution to flow that curtailments provide.
• New and Modified! Overlying or adjudicated groundwater LCS, CCR 875 (f)(4)(D), for individuals, sub-basins, or entire groundwater basins. More information on how to develop an approvable groundwater LCS for the Scott River watershed can be found in the guidance document (coming soon). The process for the Shasta River watershed is the same, however different water reduction amounts and time frames are required.
  • Requirements for ALL groundwater LCS proposals:
    • The proponent signs a binding agreement with a coordinating entity with primary responsibility to verify implementation of the LCS.
    • Proposals are due by April 15, 2024 and must be implemented during the entirety of the irrigation season (including during any time prior to approval), unless the proponent withdraws.
    • The proposal describes metering in place for groundwater well extractions and a proposal to meter and record such extractions daily and report monthly to the State Water Board or coordinating entity. The State Water Board is arranging to have a contractor available to assist with meter installation and data collection.
      • This requirement may be waived for groundwater wells that irrigate less than 30 acres, if the proponent submits a reasonable time schedule and plan to install meters, or the State Water Board determines that metering in a particular instance is not feasible.
    • The proponent agrees to allow compliance inspections with 24-hour notice.
  • Supporting groundwater recharge: A groundwater LCS may allow for enhanced use of valid surface water rights, as compared to previous years, for potential groundwater recharge benefits. Such LCSs shall include support for an anticipated improvement in groundwater elevations and/or instream benefits and may require monitoring for evaluation of benefits to groundwater elevation and/or instream conditions.
  • New and Modified! There are three types of groundwater LCSs that may be approved for the 2024 irrigation season. A diverter may propose a LCS for all, or a portion of their agricultural lands. Please see the application form for instructions on how to apply and the type of information proponents must provide.
    • Best Management Practice LCS, may be approved if the proponent is taking the following actions:
      • Use of a low-energy precision application (LEPA) system on all irrigated acreage, including no irrigation of corners after June 15 and no use of end guns.
      • Use of soil moisture sensors to inform irrigation timing, with records available for inspection by the coordinating entity, if applicable, and/or State Water Board.
      • In years with a snow pack of 80% or less of the Department of Water Resources’ California Data Exchange Center’s first May snow water equivalent station average (or the average of the first April measurement if May snow pack measurements are not gathered in the irrigation year) in the Scott River watershed, or with a water year determination of dry or very dry in the Shasta River watershed, as determined under Table 2 of the March 2021 Montague Water Conservation District water operation plan, cessation of irrigation on 90% of irrigated acreage by August 31, with a maximum of two (2) inches of water/acre to be applied to the remaining 10% of irrigated acres for existing alfalfa fields and grain, or four (4) inches of water/acre for pasture or new alfalfa plantings, during the remainder of the irrigation season.
    • Graduated Overlying Groundwater Diversion Cessation Schedule LCS may be approved if the proponent provides evidence that irrigation is reduced compared to standard practice on the property (e.g., practice in a similar unregulated year), taking crop rotation and number
      • Option 1: Pumping to irrigate the following percentages of irrigated acres shall cease by the dates below:
        • 15% by July 15,
        • 50% by August 15, and
        • 90% by August 31, with a maximum of 8 inches of water to be applied to the remaining 10 percent of irrigated acres during the remainder of the irrigation season. This 10 percent can be on land previously fallowed.
      • Option 2: Pumping to irrigate the following percentages of irrigated acres shall cease by the dates below:
        • 20% by July 20,
        • 50% by August 20, and
        • 95% by September 5, with a maximum of 6 inches of water to be applied to the remaining 5 percent of irrigated acres during the remainder of the irrigation season. This 5 percent can be on land previously fallowed.
  • Percent-reduction in Groundwater Pumping LCS may be approved if the proponent provides a narrative, spreadsheet, and maps that describe the verifiable actions the proponent will take to reduce groundwater pumping volumes.
    • Scott River Watershed: A net reduction of 30% throughout the irrigation season (April 1 – October 31) and a monthly reduction of 30% between July 1 through October 31.
    • Shasta River Watershed: A net reduction of 15% through the irrigation season (March 1 – November 1) and a monthly reduction of 15% between June 1 through September 30.
    • The relevant water use reduction shall be based on a comparison to a baseline irrigation season (2020, 2021, 2022, or 2023).
    • If the evidence for water applied in the baseline irrigation season indicates a base rate of applied water that is higher than 33 inches per year for alfalfa, 14 inches per year for grain, or 30 inches per year for pasture, the aforementioned values shall be used in place of comparison to a baseline irrigation season, unless the proponent can provide additional information.

• New! Guidance on 2024 Overlying and Adjudicated Groundwater Local Cooperative Solutions for the Scott River and Shasta River Watersheds
• New! Request for Financial Assistance for Groundwater Metering Equipment in the Scott River and Shasta River Watersheds
• 2024 Groundwater LCS Application Form
• 2024 Percent Reduction LCS Sample Spreadsheet

* CDFW, Shasta Valley Resource Conservation District, and Siskiyou Resource Conservation District are available to act as Coordinating Entities for local cooperative solutions.