SB-88 Alternative Compliance Plan

In order to comply with the California Senate Bill-88 (SB-88) regulations, those diverting more than 10 acre-feet of surface 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 legal requirements in the unique circumstances of the Sacramento–San Joaquin River Delta, The Freshwater Trust developed a novel Alternative Compliance Plan that used a combination of remote sensing, physical data and grower-supplied information to estimate surface water diversions. In 2023, TFT supported a new Delta-wide ACP that relies exclusively on OpenET data. This experiment will provide critical data to compare different sources of evaporation and transpiration data (consumptive demand) with local estimates of surface water diversion.

Already Enrolled in Plan or Learn More

Already Enrolled

Thank you for participating in The Freshwater Trust’s Alternative Compliance Plan.

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.


Learn More

To comply with SB-88, you MUST either install a compliant meter or sign on to an Alternative Compliance Plan. Signing The Freshwater Trust’s opt-in form (below) makes you compliant with the law because you are now part of an ACP reviewed by the Delta Watermaster.

SB 88 legal deadlines for signing on to an Alternative Compliance Plan or installing a compliant meter:
Diverting 1000+ af: Jan 1, 2017
Diverting 100+ af: July 1, 2017
Diverting 10+ af: Jan 1, 2018
Diverting less than 10 af: No meter required.

The Freshwater Trust’s Measurement Method and Alternative Compliance Plan follows: Chapter 2.8, Division 3 of Title 23, section 935 Alternative Compliance for a Measuring Device or Measurement Method Requirement. Read full Plan here.

Enrollment form:

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

    Landowner or Authorized Representative:

    Please fill out a separate form for each diversion:


    Staff gaugeDitch gateMetered siphonMetered pumpUnmetered siphonUnmetered pumpOther




    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.)

    (Gallons or acre-feet)

    Please attach an aerial map/photograph (e.g., farm subsidy map or 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
    Anna Swenson, Community Outreach Coordinator

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    Contact Me At

    Sacramento Office, CA
    (916) 668-7345
    Email Anna