SB 88 Alternative Compliance Plan

Opt-in Form

In order to comply with a new law — SB 88 and its implementing regulations — those claiming the right to divert more than 10 acre-feet of water per year must measure and report the timing, rate and volume of their water diversions to the California State Water Resources Control Board (SWRCB). To facilitate landowners’ compliance with these new legal requirements in the unique circumstances of the Sacramento–San Joaquin River Delta, The Freshwater Trust is developing and administering an Alternative Compliance Plan (ACP or Plan).

SB 88 has a legal deadline of January 1, 2017 for compliance. You MUST either install a compliant meter or sign on to an Alternative Compliance Plan by January 1, 2017. Signing The Freshwater Trust’s opt-in form (below) BEFORE January 1 makes you compliant with the law because you are now part of an ACP reviewed by the Watermaster.

The Freshwater Trust has negotiated a one-year extension for us to finalize our ACP. Please note that the one-year extension in the opt-in form is for the Plan implementation, not for your compliance. The Watermaster has not given any extension for compliance with SB 88. Again, you MUST either install a compliant meter or sign on to an Alternative Compliance Plan by January 1, 2017.

The Freshwater Trust is supporting the ACP to ensure efficient and cost-effective compliance for all diverters involved in the program. In order to advance remote sensing techniques and to demonstrate the accuracy of various estimation models, the ACP also needs participation of metered intakes, as well as metered drip/sprinkler systems to provide data for comparative analysis. This program follows: Chapter 2.8, Division 3 of Title 23, section 935 Alternative Compliance for a Measuring Device or Measurement Method Requirement.

Participation fee: If you have already signed the Landowner Participation Agreement with TFT and would like to pay the annual per-diversion fee, click here.

Monthly reporting: If you have already signed the Landowner Participation Agreement with TFT and would like to report your monthly crop and water data, click here.






(Claimant name should be the same name as on previously submitted Statement of Diversion and Use)
Authorized Representative:

Please fill out a separate form for each diversion:

Type(s) of water right (check all that apply)*:

Method of diversion and measurement*:

Is there a meter at the point of diversion?*

Is power available at the point of diversion?*

Is the point of diversion shared with other users?*

If yes, please list other user name(s) and S0 number(s), if known. (Separate multiple names and numbers with commas):


Assessor's Parcel Number(s) (APN) served by the water right claim associated with the Statement of Diversion and Use listed above:

(If you have additional APNs, please fill out a separate form.)


Please attach an aerial map/photograph (e.g., Google Earth image) of the area served by the claimed water right, showing the diversion location. This should be the same as what was provided to the SWRCB for your initial Statement of Diversion and Use.

I understand that the grant of an extension of time to comply with the measurement regulation does not change the responsibility for filing the annual water use report due by June 30 of each year. On behalf of the subject water right claim, I acknowledge individual responsibility to submit the annual use report. During the period of this extension of time, water use under the above-referenced claim will be estimated and reported in good faith, based on current practices and any interim improvement of such practices.

In connection with the exercise of the above-referenced claim(s), I am also aware of the responsibility to comply with the measurement regulation by January 1, 2017. Following diligent effort to comply with the regulation, I have determined that compliance by January 1, 2017 is not possible because of obstacles presented by the specific circumstances of the applicable point of diversion for the subject water right claim(s) within the Delta (tidal gate, siphon, fouling/corrosion potential, unreliability of available devices, etc.). Further, I have learned that a variety of measurement devices installed by others have failed under harsh Delta conditions. Therefore, I have decided to join the The Freshwater Trust program of experimentation described in the attached request for extension of time. I anticipate that the program of experimentation will identify practical devices, methods or alternatives for fully complying with the measurement regulation. I also understand that I am solely responsible for compliance with the measurement regulation regardless of whether The Freshwater Trust program remains in place. The Freshwater Trust is hereby designated as representative of the above-referenced claim(s) before the Delta Watermaster as to any matter related to this request for extension of time.

Check here if you accept these terms.

By clicking submit you agree to the above Terms and Conditions of the Delta Measurement Experiment Consortium Request for Extension of Time Opt-in Form.

Get In Touch

If you have any questions, please call
Erik Ringelberg, California Director

Contact Erik