In another blow to local
agriculture, Dwight Russell, Chief of the Northern District of the Department of Water
Resources (DWR,) recently sent out a notice of a proposed increase in fees for the next
tax year to water rights holders served by the State Watermaster. The mainstem Scott River
is not currently served by a watermaster. However, tributaries such as French Creek,
Wildcat Creek, Shackleford and Mill Creek are. (The entire Shasta River system has the
service.) Also, both the Shasta and Scott Coho Recovery Plan and the proposed incidental
take permit for coho require that the fidelity of water diversions to the adjudications be
verified in some way, such as through a watermaster.
A watermaster determines the total amount of water available, the
appropriate amount of water to be diverted at each diversion according to the water
adjudication decree and then sets each diversion through devices such as a headgate.
He/she is an agent of Superior Court. The Superior Court can order watermaster service or
15% or greater of the water use right holders on a river may request the service.
Watermaster service is meant to reduce conflicts between water right holders by ensuring
the water adjudication decree is followed. Fees for the service are collected for the
state through the property tax bill.
Prior to 2004, State watermaster service was funded half through fees
from water diverters and half by the states General Fund. In 2004, Senate 1107 and
the Budget Act eliminated the states contribution. In addition, the DWR determined
that true costs of the program had not been recovered for more than a decade. As a result,
last year, DWR announced an astronomical rate increase. This was subsequently rolled back
and a Klamath Bureau of Reclamation grant took care of the lost state match under normal
fees. Locally, this meant that last year there was no increase felt in the diverters
share of watermaster fees.
Russell warns diverters that fees for the forthcoming tax year of
2005-06 will reflect an appropriately funded Program, and that diverters can
expect an increase in your watermaster service bill that reflects the full cost of
the program. Preliminary indications are that the fee will increase several fold.
Russell warns that water right holders need to transition to their own private fee-based
service or be prepared to pay the higher fees established for State Waternaster Service.
In addition, the Water Code states that the watermaster may require a
diverter to build a headgate or other diversion structure. Responsibility for costs are
the diverters. If the structure is not built within 30 days, the watermaster may
shut off the diversion. The diverter is also responsible for maintaining the structure.
At this time, Farm Bureau has taken the lead on finding some regional
solutions. They are also looking at the type of mechanisms that must be in place for an
alternative private watermaster service to function and meet requirements at a reasonable
cost.
Dates to remember: Wednesday,
June 15, 2005, from 9:00 am to 5:00 pm and Thursday June 16, 2005, from 8:00 am to 1:30 pm,
the federal Klamath River Basin Fisheries Task Force will hold its quarterly meeting. at
the Miners Inn Convention Center in Yreka.
Saturday, June 18 from 9 a.m. to 5 p.m. at the Greenview Grange, the
Scott River Watershed Council will be holding a forum on tribal trust responsibilities.
For more information call (530)468-2487.
Legislation to watch: California
Senator Barbara Boxer is proposing a bill called the National Oceans Protection Act
of 2005. It will reform management of the ocean,
coastal areas and fisheries. The bill will also promote ecosystem-based management
principals and cover pollution and fish habitat protection.
http://www.ems.org/nws/2005/06/09/fish_conservatio
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