CVPIA Water Conservation Criteria memo

To: Interested Persons, Organizations, and Agencies

From: Roger Patterson

Regional Director

Subject: 1996 Criteria for Evaluating Water Conservation Plans

Enclosed are the 1996 \"Criteria for Evaluating Water Conservation
Plans\" prepared in response to Section 3405(e) of the

Central Valley Project Improvement Act (CVPIA). The CVPIA requires
Reclamation to review and, if necessary, to revise

the Criteria periodically, \"but no less than every three years.\" These
Criteria supercede and replace the 1993 \"Criteria for

Evaluating Water Conservation Plans.\"

On September 12, 1995, Reclamation sent the 1993 Criteria to the
interested public for review and comment. Between

September 1995 and July 1996, Reclamation revised the Criteria, based on
information provided during three public

workshops, numerous written comments, Reclamation\'s experience
administering the Criteria, and comments received through

the CVPIA Public Forum process, also known as the \"Garamendi Process.\"

The \"Guidebook for Preparing Water Conservation Plans\" will be updated
to reflect the changes made in the 1996 Criteria.

If you have any questions about these Criteria or the Water Conservation
Program, please call Betsy Reifsnider at

916-979-2388. (or TDD 916-979-2310)

http://www.mp.usbr.gov/mp400/watercon/96crit4.html

Final Criteria for Evaluating Water Conservation Plans

U.S. Bureau of Reclamation, Mid-Pacific Region

Criteria for Evaluating Water Management Plans

August 15, 1996

These \"Criteria for Evaluating Water Management Plans\" (Criteria) were
developed by the US Bureau of Reclamation

(Reclamation) in response to the Central Valley Improvement Act of 1992
(CVPIA) and in accordance with the Reclamation

Reform Act of 1982 (RRA).

All agencies (Districts) that contract with Reclamation for Municipal &
Industrial (M&I) water in excess of 2,000 acre feet

and/or for Agricultural (irrigation) water to serve over 2,000 irrigable
acres will be evaluated based on the required information

detailed in the steps listed below. The steps are:

1\. Describe the District

2\. Inventory Water Resources Available to the District

3\. Best Management Practices (BMPs) for Agricultural Contractors

a\. Non-exemptible BMPs

b\. Exemptible BMPs

4\. Best Management Practices for Urban Contractors

a\. Non-exemptible BMPs

b\. Exemptible BMPs

5\. Exemption Process

If some data called for in the Criteria are not available, the District
shall include in its plan how the District will gather the data

and have it available for the next plan update.

BACKGROUND AND GENERAL INFORMATION

Section 210 of the RRA requires districts with certain types of Bureau
of Reclamation contracts to prepare and submit Water

Management Plans (Plans) with definite goals, appropriate water
conservation measures, and timetables. \"Guidelines\" for

preparing these Plans were prepared and are updated by Reclamation,
Mid-Pacific Region every 5 years. Districts were

asked to submit updated Plans every 5 years to reflect the specifics in
the revised Guidelines.

Section 3405 (e) of the CVPIA requires that the Secretary of the
Interior establish criteria to evaluate Plans by April 30,

1993, and that these Criteria be reviewed and revised, if necessary, at
least every 3 years.

This law specifies that the Criteria identify best management practices
(BMPs) including, but not limited to, efficient water

management practices being developed according to California State law
or reasonable alternatives. In addition, the Criteria

are to grant substantial deference to the recommendations included in A
Management Plan for Agricultural Subsurface

Drainage and Related Problems on the Westside San Joaquin Valley
(September 1990).

Reclamation has been unable to wait for a conclusion to the California
Agricultural/Public Interest Group Task Force

consensus discussions (instituted by Assembly Bill 3616) before issuing
and revising these Criteria but has incorporated the

majority of the current AB 3616 language. Consensus BMPs for urban water
districts (resulting from an Urban/Public Interest

Group Task Force) were incorporated into these Criteria in 1993. When
the Criteria are updated, Reclamation will consider

modifications to reflect future consensus reached between agricultural,
urban and environmental and public interest groups.

PROCESS TO DEVELOP THE CRITERIA

The purpose of these Criteria is to promote the highest level of water
use efficiency reasonable achievable by project

contractors using best available cost-effective technology and best
management practices.

The revision of the 1993 Criteria began on September 12, 1995, when
Reclamation sent the Criteria to the interested public

for review and comment. On the basis of oral and written comments,
Reclamation\'s experience with administering the Criteria,

and comments from the CVPIA Public Forum Water Conservation Workteam,
Reclamation proposed changes to the April

1993 Criteria.

Draft Revised Criteria were distributed to more than one thousand
interested parties in March 1996. Reclamation received

written comments from twenty representatives of water user and public
interest groups; Reclamation received oral comments

at three public workshops, with forty-one participants. Reclamation met
with members of the Central Valley Project Public

Forum Conservation Workteam (Workteam) to discuss the draft revised
Criteria.

Major concerns expressed in written and oral comments, and by the
Workteam included: consistency with the AB 3616 draft

MOU, the degree of measurement required by the Criteria, the nature of
pricing required by the Criteria, and the possibility of

regional Criteria. Other significant concerns included: conditioning
discretionary benefits on Plan development and

implementation, accommodation of the Management Plan for Agricultural
Subsurface Drainage and Related Problems

on the Westside San Joaquin Valley (September 1990), and the inclusion
of groundwater management plans. The current

resolution of these concerns is reflected in this second draft revised
Criteria. If you would like a complete copy of the

comments and Reclamation responses, please contact Betsy Reifsnider at
(916) 979 - 2388 (TDD (916) 979-2310).

Reclamation is releasing these revised Criteria while it works to
develop a proposal for regional Criteria, first for the

Sacramento Valley region and later for other regions if it appears
warranted. Reclamation will work with concerned districts,

public interest groups, stakeholders and the public to determine what
regional Criteria might be appropriate.

Annual Updates for districts that developed Plans under the 1993
Criteria will conform to the revised Criteria. Implementation

of BMPs that were eliminated or moved to Attachment A in the revised
Criteria will no longer be formally reviewed by

Reclamation.

As used in these Criteria, \"water conservation\" means:

Improved water management through the implementation of best management
practices.

Although the term \"Best Management Practice\" has been used in various
statutes and regulations, the definitions and

interpretations of that term in those statutes and regulations do not
apply to these Criteria. For the purposes of these Criteria,

\"Best Management Practice\" means:

A policy, program, practice, rule, regulation and/or ordinance, or the
use of devices, equipment or facilities which meets either

of the following items:

1\. An established and generally accepted practice among water districts
that results in more efficient use, conservation or

management of water;

2\. A practice for which sufficient data are available from existing
water management projects to indicate that significant

efficiency improvements or management related benefits can be achieved;
that the practice is technically and economically

reasonable and not socially or environmentally unacceptable; and that
the practice is not otherwise unreasonable for most

water districts to carry out.

Reclamation recognizes that these Criteria call for plans that are more
detailed than those required before passage of the

CVPIA. To assist districts in developing adequate water conservation
plans, Reclamation\'s Mid-Pacific Region area offices

have Water Conservation technical staff that are aware of and familiar
with local and area specific issues. Water Conservation

staff are current with technical advancements and familiar with programs
implemented within all regions of the State. Since the

Criteria were developed in 1993, over half of CVP contractors above the
threshold of 2,000 acre feet for M & I contractors

or 2,000 irrigable acres for agricultural contractors have developed and
implemented plans that meet this Criteria.

Reclamation developed and distributed a Guidebook for Developing Water
Management Plans detailing the type of

information required by the 1993 Criteria. This Guidebook will be
updated to conform to the revised Criteria.

BENEFITS OF WATER MANAGEMENT PLANNING

Planning for water management programs offers the opportunity for
districts to coordinate efforts and think about the best

ways to implement programs before making any capital expenditures.
Comprehensive planning allows all affected parties - end

users, District Board members and staff - to be on the same path to
accomplish the same goals. Some districts have chosen to

use these plans as a business plan, as a way to identify long range
activities and develop a stable program base.

**Water Transfers**

Water transfers may have, in some instances, a substantial part to play
in good water management. Some Districts have found

that they can market water as a way to provide funding for water
management programs.

Water transfers are legally recognized as a beneficial use of water. The
CVPIA authorizes the transfer of water outside of the

CVP service area, subject to certain conditions, creating opportunities
not previously available to CVP contractors. In

February 1993 Reclamation issued \"Guidelines for Implementation of
Water Transfers,\" available upon request, that outline the

procedures for water transfers within and outside of the CVP service
area.

**Flexibility**

These Criteria recognize the differences between districts and have been
written to be flexible enough to allow each district to

develop and implement the types of programs that will best accomplish
improved water management within their boundaries.

In some cases, districts may choose to pool resources and implement
joint programs. These Criteria not only allow, but

encourage, joint efforts toward program implementation.

**Plan Implementation**

Water management in general, and water management planning in
particular, is an on-going process that does not stop with the

preparation of a comprehensive Plan. The purpose of preparing a Plan is
for Districts to implement the programs developed

during the planning process. Implementation of programs identified in
the Plan is critical to the success of water management

within a District. These Criteria focus not only on what constitutes an
adequate Plan, but also on the implementation of the

programs described in that Plan. Districts shall report on Plan
implementation annually.

**Consequences of Non-Compliance**

Reclamation policy is to condition the granting of contract renewals on
the development and good-faith implementation of an

adequate Water Management Plan. Because development and implementation
of a Water Management Plan is an important

tool for the evaluation of proposals for water transfers, Reclamation
encourages that Plans be in place for Districts wishing to

transfer water to other entities.

**Review Process**

Districts that submit three copies of a complete plan or complete
revisions will receive, within 90 days, notification of

Reclamation acceptance or request for modification.

PLAN CONTENTS

**Step 1. Describe the District**

Intent:

To describe general physical information about the District in order to
form a basis for evaluating improvements by, and within,

the District, as well as provide the reader with information about
physical aspects of the District that may effect the potential for

improved water management.

Evaluation:

Reclamation recognizes that in certain circumstances, specific
information may not be available. In these circumstances, the

step will be considered \"adequately addressed\" if the plan describes
how the information will be obtained for the next plan

update.

Detail Expected in an Adequate Plan:

Water Management Plans shall describe the District history, location and
facilities, size, terrain and soils, environment, climate,

operating rules and regulations, customer water delivery measurements,
water rate schedules and billing, and water shortage

allocation policies. For data not available during the preparation of
this plan, the District shall describe how the information will

be obtained for the next Plan update.

A. [History]{.underline}: Give an historical overview of the District.
Provide a timeline which includes the formation of the District,
original

size, water supplies, contract information with Reclamation and others,
and changes in land use. For agricultural contractors,

describe changes in irrigated acreages, cropping patterns, and evolving
irrigation methods.

B. [Location and Facilities]{.underline}: Describe the water conveyance
and delivery system within the District service area (e.g., unlined

canals, lined canals, pipelines, etc.), storage facilities (e.g.,
reservoirs, regulating reservoirs, etc.). Agricultural Districts should

describe spill recovery systems, and whether the delivery system is
on-demand (no lead time or scheduling necessary),

scheduled (i.e., order water 24 hours in advance), rotation (farmer
receives water every 10 days), or other. Describe any

restrictions on the District\'s water source(s) and proposed changes
that will be implemented in the next five years.

C. [Topography and Soils]{.underline}: Describe the topography of the
District (e.g., hilly, flat, sloping to a water course, etc.). Indicate

the impact of topography on water operations and management within the
District. Districts with agricultural contracts over

2,000 irrigable acres, describe major soil classifications and
corresponding acreages within the District\'s boundaries. Describe

any soil limitations that affect the use of water (e.g., salinity or
high water table, extremely sandy soils, low infiltration rates,

etc.).

D. [Climate]{.underline}: Describe the general climate of the District.
Include average precipitation, maximum and minimum temperatures,

average wind velocity and direction and frost free days. If, within the
District, there are known areas with significantly different

microclimates, describe how these affect water management decisions and
operations.

E. [Natural and Cultural Resources]{.underline}: Describe any known
natural resources (e.g., wetlands, rivers, streams, lakes, fisheries,

threatened plant and animal communities, spawning grounds, flyways,
etc.) within the District boundaries. Indicate any

management of these resources in the past or present by the District.
Describe any known recreational and/or cultural

resources within the District.

F. [Operating Rules and Regulations]{.underline}: Describe or attach a
copy of the District\'s operating rules and regulations.

Agricultural contractors should include information on water allocation
policies, lead time necessary for water orders and water

shut-off, any policies regarding return flows and drainage leaving the
District, and policies related to water transfers into or out

of the District (farmer and District).

G. [Water Measurement, Pricing and Billing]{.underline}: List the total
number of connections/ turn-outs, the number currently

measured and the percentage of customer water deliveries measured. List
the types and numbers of measurement devices

(e.g., meters, calibrated gates, weirs, etc.), level of accuracy,
frequency of calibration, and maintenance and reading schedule.

Describe the basis for water charges for agricultural, municipal and
industrial uses. A copy of the District\'s written operating

rules and regulations will suffice if they include: basis for water
charges for agriculture (e.g., by quantity, by acre, by crop, by

land assessment, by other charges, etc.) and/or for municipal and
industrial (e.g., by customer class, by quantity, flat rate, etc.).

If water use is billed by quantity describe the rate structure (e.g.,
declining, uniform or increasing block rate, etc.). Include the

billing frequency (e.g., monthly, bimonthly, annually, etc.), bill
format and a description of the record management system.

H. [Water Shortage Allocation Policies]{.underline}: Attach a copy of
the District\'s agricultural and/or urban water shortage policies.

Agricultural Districts shall describe how reduced water supplies,
including hardship water, are allocated. Describe District

policies that address wasteful use of agricultural water and describe
enforcement methods.

**Step 2. Inventory Water Resources**

Intent:

To describe the quantity and quality of water resources (sources, uses,
and discharges) available the District in order to form a

basis for evaluating improvements by and within the District, and to
provide the reader with an understanding of water available

to the District, water used within the District, and water discharged
from the District.

Evaluation:

Reclamation recognizes that in certain circumstances, specific
information may not be available. For these circumstances, the

step will be considered \"adequately addressed\" if the plan describes
how the information will be obtained for the next plan

update.

Detail Expected in an Adequate Plan:

This step shall include a description of the District\'s surface water
supply, ground water supply, other water supplies, source

water quality monitoring programs, water uses within the District,
agricultural drainage from the District, urban waste water

disposal, and a water inventory. Provide this information for 1995. For
data not available during the preparation of this plan,

the District shall describe how the information will be obtained for the
next plan update.

A. [Surface Water Supply]{.underline}: Describe the acre-foot amounts
delivered to the District by each of the District\'s surface sources

for the specified years. Describe any water quality limitations or
management concerns associated with the identified water

sources. Provide the amount of water received under each right and/or
contract for the last 10 years.

B. [Ground Water Supply]{.underline}: Describe the general
characteristics of the ground water basin(s) that underlie the District.
Provide

a map locating District operated water wells, and managed ground water
recharge areas. If there is conjunctive use of surface

and ground water, describe it. For managed ground water basins, attach a
copy of the management plan.

C. [Other Water Supplies]{.underline}: Identify any long-term water
supplies not described above (e.g., drainage from upstream Districts,

reclaimed urban waste water, transfer agreements with adjacent or other
Districts, etc.).

D. [Source Water Quality Monitoring Practices]{.underline}: Describe any
surface water or ground water quality problems, and how

the quality problems limit the use of the water or affect customer use
decisions. If water quality problems exist, describe the

water quality testing program (frequency of measuring and analyses
performed) and which agencies conduct the water testing.

Also describe the District\'s role in the program.

E. [Water Uses within the District]{.underline}

1\. Agricultural: Describe the type and acreage of crops grown in the
District; include evapotranspiration rates, cultural

practices and the leaching requirement for each crop. List the types of
irrigation systems used for each crop.

2\. Municipal and Industrial: Describe the municipal and industrial
water use, by customer type, within the District. Describe,

where applicable, the waste water collection and treatment systems,
recycled water uses and methods of disposal.

3\. Ground Water Recharge: List the quantity of water used for planned
and incidental ground water recharge, including

method of recharge.

4\. Transfers and Exchanges: Describe the source and quantity of water
that was transferred and/or exchanged into or out of

or within the District, and for what uses. Describe any other water
transactions, such as trades, wheeling, etc.

5\. Other: Describe any other uses of water.

F. [Agricultural Drainage from the District]{.underline}: Identify where
surface and subsurface agricultural drainage goes (e.g., to

beneficial reuse within the service area, discharged to a river or other
water course, another District, saline sink, evaporation

ponds, wildlife refuge, etc.). If drainage leaves the District\'s
service area and is reused, identify the location and type of that

reuse, if known. Describe any water quality monitoring programs for
surface or subsurface drainage water (frequency of

measuring and analyses performed). Identify any constituents (e.g.,
selenium, pesticides, etc.) that limit reuse of the drainage

water. Describe any usage limitation resulting from the drainage water
quality.

Section 3405 (c) states that \"the contracting district or agency shall
be responsible for compliance with all applicable State and

Federal water quality standards applicable to surface and subsurface
agricultural drainage discharges generated within its

boundaries.\" Districts included in the drainage problem area, as
identified in A Management Plan for Agricultural

Subsurface Drainage and Related Problems on the Westside San Joaquin
Valley (September 1990), should also

complete Attachment A.

G. [Water Accounting]{.underline}: Develop a water inventory for the
District based on 1997.

1\. Quantify District Water Supplies

a\. Surface water supplies, imported and originating within District, by
month.

b\. Ground water extracted by the District, by month.

c\. Effective precipitation by month.

d\. Estimated ground water extracted by non-District parties (if records
are not available, provide an estimate and

basis for estimation).

e\. Recycled water by month (water originating from a municipal waste
water treatment plant).

f\. Other supplies by month.

2\. Quantify Water Used

a\. Conveyance losses, including seepage, evaporation, and operational
spills.

b\. Consumptive use by riparian vegetation.

c\. Applied agricultural water, crop evapotranspiration, water used for
leaching and cultural practices (e.g., frost

protection, soil reclamation, etc.)

d\. Municipal and industrial water use.

e\. Ground water recharge.

f\. Water exchanges and transfers.

g\. Estimated deep percolation within the District.

h\. Flows to perched water table or saline sink.

i\. Total M&I waste water treated and discharged.

j\. Agricultural spill or drain water leaving the District.

k\. Other.

3\. Overall Water Inventory: Compare total water supplies entering the
District with total water leaving the District.

**Step 3. Best Management Practices for Agricultural Contractors**

Intent:

To develop an implementation plan for agricultural Best Management
Practices (BMPs) that have been proven to accomplish

improved (more efficient) water management.

Evaluation:

Some BMPs are considered \"universally applicable\" and others are
considered \"generally applicable.\" Reclamation recognizes

that, under certain circumstances, the generally applicable practices
may not make sense for District implementation. Districts

will implement each generally applicable BMP unless the District
provides adequate documentation for an exemption.

Detail Expected in an Adequate Plan:

For the purposes of these Criteria, the plan needs to describe the
program that the District determines will best accomplish

each BMP. The success of some of the practices will depend on
cooperative work with other entities. There may be

constraints to successful implementation of planned programs. Monitoring
and updating will allow the District to modify

planned programs that do not accomplish the practice as designed.

A. [Critical Best Management Practices for Agricultural
Contractors]{.underline}

This section lists the BMPs that all Districts will implement or are
already implementing. Provide a description of the

implementation plan and include time schedules, budgets and monitoring
plans. Districts may spend time studying the most

effective way to implement a BMP. If a BMP is to be studied, please
provide details and schedules of the study.

1\. Measurement devices - measure, with a device that is rated to have a
maximum error of six percent, the volume of water

delivered by the District to each customer (within five years of
contract renewal or if no contract renewal date, by January 1,

1999);

2\. Pricing structure - adopt a water pricing structure for District
water users based at least in part on quantity delivered;

3\. Demand management staff - designate staff responsible for
development and implementation of the water management

plan;

4\. Water management services for water users - Provide or support the
availability of the following water management

services for water users:

a\. On-farm irrigation and drainage system evaluations (i.e., mobile
labs)

b\. Normal year and real-time irrigation scheduling and crop ET
information (i.e., CIMIS)

c\. Surface, ground and drainage water quantity and quality data;

d\. Educational programs and materials for farmers, staff, and public.

B. [Exemptible Best Management Practices for Agricultural
Contractors]{.underline}

Each District shall develop a program to implement the following BMPs
unless the District demonstrates that the practice does

not make sense for the District to implement. Districts may spend time
studying the most effective way to implement a BMP or

whether a BMP is appropriate for a District. For appropriate BMPs,
provide a description of the implementation plan and

include time schedules, budgets and monitoring plans. If a BMP is to be
studied, provide details and schedules of the study.

These studies must be completed expeditiously and before the next Plan
update. Districts should follow the exemption criteria

(see Step 5) to justify exemptions and provide the exemption in this
Step. See Attachment B for examples of circumstances

under which BMPs are not applicable.

1\. Distribution system lining/piping - line or pipe distributions
systems to increase distribution system flexibility and

capacity, decrease maintenance and reduce seepage;

2\. Regulatory reservoirs - construct regulatory reservoirs to improve
distribution system delivery flexibility.

3\. Distribution control - modify distribution facilities and controls
to increase the reliability, consistency and flexibility of water

deliveries;

4\. Reuse systems - construct facilities to capture and reuse District
operational spills;

5\. Incentive pricing - implement a pricing structure, such as
tiered-block pricing, which promotes one or more of the

following goals: a) encouraging more efficient water use at the farm
level, b) supporting planned conjunctive use of

groundwater, c) increasing groundwater recharge, d) reducing problem
drainage, and e) improved management of

environmental resources;

6\. On-farm program incentives - facilitate and/or provide financial
incentives and assistance for improved on-farm water

management;

7\. Conjunctive use - increase planned conjunctive use of surface and
groundwater within the District;

8\. Land management - facilitate alternative uses for lands with
exceptionally high water duties, or whose irrigation contributes

to significant problems;

9\. Crop & field - measure water use by crop and field and provide to
every grower a yearly summary of water-use per acre

for every field growing the same crop;

10\. Pump efficiency evaluations - coordinate the evaluation of District
and private pumps with local utilities, evaluating both

energy and water efficiency;

11\. Operational practices and procedures - evaluate potential District,
state and federal policy and institutional changes that

could allow more flexibility in water delivery and carry-over storage.

**Step 4. Best Management Practices for Municipal and Industrial
Contractors**

Intent:

To develop an implementation plan for urban Best Management Practices
(BMPs) that have been proven to accomplish

improved (more efficient) water management.

Evaluation:

Some BMPs are considered \"universally applicable\" and others are
considered \"generally applicable.\" Reclamation recognizes

that, under certain circumstances, the generally applicable practices
may not make sense for District implementation. Districts

will implement each generally applicable BMP unless the District
provides adequate documentation for an exemption.

Detail Expected in an Adequate Plan:

This part of the plan identifies District-specific programs to
accomplish the BMPs. It is understood that programs developed

by wholesale agencies may not be implemented at the retail customer
level, except within the District\'s retail service area. For

the purposes of these Criteria, the plan needs to describe the program
that the District thinks will best accomplish the practice.

The development and implementation of the BMPs in a wholesaler\'s plan
is the responsibility of Reclamation\'s contractor.

The success of some of the practices will depend on cooperative work
with other entities. It is recognized that there may be

constraints to successful implementation of planned programs. Monitoring
and updating will allow the District to modify any

planned programs that do not accomplish the practice as designed.

A. [Critical Best Management Practices for Municipal and Industrial
Contractors]{.underline}

This section lists the BMPs that all Districts will implement or are
already implementing. Provide a description of the

implementation plan and include time schedules, budgets and monitoring
plans. Each District shall also complete and submit the

CUWCC annual report form. If a BMP is to be studied please provide
details and schedules of the study.

1\. Distribution system water audits, leak detection and repair

2\. Metering with commodity rates for all new and existing connections

3\. Landscape efficiency requirements for new/existing commercial,
industrial, institutional, governmental and

multi-residential developments.

4\. Public information

5\. School education

6\. New commercial, industrial and institutional water use review

7\. Conservation pricing - water and sewer service

8\. Water waste prohibition

9\. Demand management staff

10\. Financial incentives

B. [Exemptible Best Management Practices for Municipal and Industrial
Contractors]{.underline}

Each District shall develop a program to implement the following BMPs
unless the District demonstrates that the practice does

not make sense for the District to implement. Districts may spend time
studying the most effective way to implement a BMP or

whether a BMP is appropriate for a District. For appropriate BMPs,
provide a description of the implementation plan and

include time schedules, budgets and monitoring plans. If a BMP is to be
studied, provide details and schedules of the study.

These studies must be completed expeditiously and before the next Plan
update. Districts should follow the exemption criteria

(see Step 5) to justify exemptions and provide the exemption in this
Step. See Attachment B for examples of circumstances

under which BMPs are not applicable.

1\. Interior and exterior water audits and incentive programs for single
family residential, multi family residential,

and governmental/institutional customers

2\. Plumbing, new & retrofit

3\. Large landscape water audits and incentives

4\. Commercial, industrial and institutional conservation

5\. Landscape water conservation for new and existing single family
homes

6\. Ultra low flush toilet installation program

**Step 5. Exemption Process**

Intent:

To demonstrate in a clear and concise manner that a BMP is either not
cost-effective, not financially feasible, not legal or not

environmentally possible for a District to implement.

Evaluation:

These Criteria recognize that some BMPs are not appropriate or possible
for some Districts to implement. To document an

exemption provide the basis, rationale, and details for excluding a BMP;
such documentation shall address, as appropriate,

cost-effectiveness, financial feasibility, and environmental or legal
constraints to BMP implementation. Reclamation will

consider exemption requests prepared using the final AB-3616 exemption
process.

Detail Expected in an Adequate Plan:

LEGAL CONSTRAINTS

In order to justify a BMP exemption because it would not be legal for
the District to implement, detail the following:

1\. A list of any known laws, regulations, court decisions, or other
legal constraints that make it illegal for the District to

implement the BMP; and

2\. A list of the steps that would be required to remove these
constraints; and

3\. A description of what steps the District has taken to remove these
constraints; and

4\. Documentation of efforts by the District to work with other entities
that would have the legal authority to carry out the BMP

within the District\'s service area.

ENVIRONMENTAL CONSTRAINTS

In order to justify an exemption due to known adverse environmental
impacts, the Plan must document the critical

environmental issues and known (qualitative and/or quantitative)
negative impacts of the BMP and an explanation of why

effective mitigation of these impacts is not possible. If mitigation of
the environmental impacts is possible, the practice must be

implemented unless it can be exempted by another exemption category. For
example, if the mitigation costs make the project

economically infeasible, a discussion of the mitigation plan and
necessary mitigation costs should be included as a part of the

economic analysis.

ECONOMIC CONSTRAINTS

In order to justify an exemption due to economic constraints, the Plan
must document the following:

**1.** A benefit-cost analysis which demonstrates that the costs to the
District outweigh the benefits to the District over the life of

the measure. Districts must perform the analysis by comparing the
present value of all benefits to the present value of all costs.

Document the projected/estimated benefits and costs and the methodology
for analysis (benefits and costs should be quantified

to the extent possible). The analysis performed for each excluded BMP
(from the District perspective) must include, but is not

limited to, the following benefits and costs:

*Benefits*

All capital costs avoided by the District which include, but are not
limited to, the costs associated with the development of new

supplies (e.g., studies, construction, labor, etc.), transportation, and
the required increase in storage, distribution capacity, and

wastewater facilities and treatment capacity, etc.,

Operation and maintenance costs associated with the decrease in the
production and distribution of water or the treatment and

disposal of wastewater which include, but are not limited to, energy,
labor, treatment, storage, drainage treatment and disposal,

etc.,

Water purchases avoided by the District,

Environmental costs avoided by the District,

Environmental enhancements,

Revenues from other entities which include, but are not limited to,
revenue from the sale of water made available by the BMP,

financial incentives received from other entities, etc.,

Other benefits to the District customers which include, but are not
limited to, hydropower, improved crop yields, improved

crop quality, labor savings, fertilizer savings, increased farm income,
etc..

*Costs*

Capital expenditures incurred by the District for implementation of the
BMP which include, but are not limited to, equipment,

supplies, materials, construction, etc.,

Operation and maintenance costs to plan, design, implement, enforce, and
evaluate the practice,

Financial incentives to customers,

Losses in revenues,

Costs to the environment, and

Other costs to the District.

Several accepted benefit-cost analysis methodologies exist (e.g.,
California Energy Commission\'s Integrated Resource

Planning Methodology, generally accepted accounting principles, etc.).
Districts are considered to be the best suited to

evaluate their own economic situation with an appropriate methodology.

**2.** A discussion and quantification, to the extent possible, of other
benefits associated with the implementation of the BMP that

may be of interest to potential partners, but are not the direct sole
responsibility of the District.

FINANCIAL CONSTRAINTS

In order to adequately justify an exemption due to financial
constraints, the Plan must clearly document the following:

1\. The benefits and costs of the BMP to the District; and

2\. The District funding needed to implement the cost-effective BMPs;
and

3\. A discussion regarding why the District cannot finance the BMP
through rate adjustments, assessments, etc.; and

4\. A discussion of the District\'s reasonable efforts to secure funding
from other entities which include, but are not limited to,

lending institutions and bonding authorities and an explanation of why
these entities would not provide funding; and

5\. The required amount of a grant or subsidy that would be needed to
feasibly implement the BMP if financing or partnerships

could not be obtained.

Attachment A

Information required of Districts located in the drainage problem area

District\'s included in the drainage problem area, as identified in A
Management Plan for Agricultural Subsurface Drainage

and Related Problems on the Westside San Joaquin Valley (September
1990), are listed, by sub-area, below. If future

editions of the drainage report revise the boundaries of the drainage
problem area or other factors used to determine which

districts are in the drainage problem area, Reclamation will revise
Attachment A to conform with the current drainage report.

1\. Reclamation districts in the Grasslands Subarea: Broadview WD,
Central California ID, Del Puerto WD, Firebaugh

Canal WD, Mercy Springs WD, Pacheco WD, Panoche WD, San Luis Canal
Company, San Luis WD.

2\. Reclamation districts in the Westlands Subarea: James ID,
Tranquillity ID and Westlands WD.

3\. Reclamation districts in the Tulare Subarea: Alpaugh ID, Atwell
Island WD, Lower Tule River ID, and Pixley ID.

4\. Reclamation districts in the Kern Subarea: Alpaugh ID.

Districts listed above shall describe which recommendations prescribed
in A Management Plan for Agricultural Subsurface

Drainage and Related Problems on the Westside San Joaquin Valley
(September 1990) have been incorporated in their

water conservation programs to improve conditions in drainage problem
areas. These recommendations include:

1\. Source Control

2\. Land Retirement

3\. Drainage Water Treatment

4\. Drainage Water Reuse

5\. Shallow Groundwater Pumping

6\. Evaporation Ponds

Provide a description and level of expenditure for each activity
designed to address the recommendations of the San Joaquin

Valley Drainage Program. Identify how implementation of the
recommendations has or will substantially reduce deep

percolation on drainage problem lands. Describe which recommendations
have not been implemented and why.

Attachment B

Non-Applicability (N/A) of Exemptible BMPs

To establish that a BMP is not applicable to the District, the Plan
should explain the reasons why the BMP does not apply to

the District. This justification must be consistent with Step 1 of the
Criteria titled, \"Describe the District.\" Examples of

non-applicability for each exemptible BMP are listed below. This list is
not all inclusive.

Step 3, B. Exemptible Best Management Practices for Agricultural
Contractors

1\. Distribution system lining/piping - NA could include: completely
piped systems, unlined systems or sections of systems

which are used as part of a planned conjunctive use program;

2\. Regulatory reservoirs - NA could include: completely piped systems
which do not have delivery constraints;

3\. Distribution control - NA could include: completely piped systems
which do not have delivery constraints;

4\. Reuse systems - NA could include: completely piped systems which do
not have delivery constraints;

5\. Incentive pricing - None identified;

6\. On-farm program incentives - None identified;

7\. Conjunctive use - NA could include: districts which do not overlie a
useable ground water basin and thus neither the

district nor its customers pump or use ground water;

8\. Land management - NA could include: districts without irrigable
lands that have exceptionally high water duties or whose

irrigation does not contribute to significant problems;

9\. Crop & field - NA could include: districts where are least 50
percent of the customers irrigate crops with non-district

water;

10\. Pump efficiency evaluations - NA could include: districts where
neither the district nor its customers use ground water

pumps, lift pumps, pressure pumps, filter pumps, etc.;

11\. Operational practices and procedures - None identified.

**Step 4, B. Exemptible Best Management Practices for Municipal and
Industrial Contractors**

1\. Interior and exterior water audits and incentive programs for single
family residential, multifamily residential,

and governmental/institutional customers - None identified.

2\. Plumbing, new & retrofit - NA could include: districts which supply
water only to structures which have no plumbing

fixtures or supply water only for exterior uses.

3\. Large landscape water audits and incentives - NA could include:
districts which do not supply water to any landscape

of three acres or more.

4\. Commercial, industrial and institutional conservation - NA could
include: districts which provide water only to

residential customers.

5\. Landscape water conservation for new and existing single family
homes - NA could include: districts which provide

no water to residential customers.

6\. Ultra low flush toilet replacement - None identified