BUREAU OF RECLAMATION 

Mid-P:icilic ltcgion:u omct • 

WTR-4.00 

2800 Cot7ge W,y 

S=mcnto, C:iliforni, 9582$.1898 

FEB 2 5 i993 

Toi All ..:tntareeted Persons, .organi:ations, and Agenc!.es 

rC;3"!0 f-32 

·From:· Reg ion al Director 

Subject: Bureau ·pf Recla:mation•:s Interim Guidelines for Implementation of 

Water Transfers Under Title XXXIV of Public Law 102-575 (Water 

Transfer.) 

.Enclosed are Reclamation's Interim Guidelines for the implementation Qf the 

water transfer provisions of Reclamation Projects Authorization.and Adjóstment 

Act of 1992 (Publ.ic Law 102-:-57S-, 106 Stat. 4600}. These Ini:erim Guidelines 

h.ave been prepared pursuant to the provisions of Section 340.S ( a) authori:.lng 

the transfer of.water developed, diverted, stored, or del.tvered by the · 

Secretary of the Interior in accordance w.tth the statutes authorizing the 

Central Valley Project. 

Z£ you have any questions, please contact the Bureau of Reclamationô Ml'-440, 

2800 Cottage Way,. Sacramento CA 9Sa2s:...1a9a. 

Enclosure 

..:-· --- . 
 

 

 

 

 

 

Draft 

December 17, 1992

Rev. January 14, 1993

Rev. February 19, 1993 

INTERIM GUIDELINES FOR IMPLEMENTATION OF THE WATER TRANSFER 

 PROVISIONS OF THE CENTRAL VALLEY PROJECT IMPROVEMENT ACT 

(TITLE XXXIV OF PUBLIC LAW 102-575) 

I. OBJECTIVE 

Reclamation's objectives in developing Interim Guidelines for the

implementation of Section 3405(a) of Public Law 102-575 (PL 102-575) are to

address all water transfers equitably, to provide for a more efficient and

effective use of the water supply developed by the Central Valley Project

(Project), and to provide greater flexibility to water users in transferring

water developed by the Project. These Interim Guidelines will establish the

conditions for transfer of Project water authorized by Section 3405(a). 

II. AUTHORITY 

Section 3405(a) authorizes all individuals or districts who receive

Project water under water service or repayment contracts, water rights

settlement contracts or exchange contracts to transfer, subject to certain

conditions, all or a portion of the water subject to such contracts to any

California water user or agency, State or Federal agency, Indian Tribe or

private non-profit organization for Project purposes or any purpose

recognized as beneficial under State law. 

The authority provided in Section 3405(a) for transfers of Project

water is supplemental and in addition to Reclamation's existing authority to

allow annual transfers between Project water users, which have historically

been allowed and which are encouraged under existing contracts for efficient

and effective Project water management. 

III. APPLICABILITY 

These Interim Guidelines will be effective immediately in order to

implement PL 102-575 and will remain in effect until the final rules and

regulations for PL 102-575 are promulgated. However, as the water transfer

process under PL 102-575 evolves, these guidelines may be revised, as

necessary by Reclamation. Any long-term water transfers approved under these

Interim Guidelines will be subject to all terms, conditions, and criteria

contained in the final rules and regulations promulgated for water transfers

pursuant to PL 102-575. 

All transfers implemented in accordance with Section 3405(a) will be

deemed to be a beneficial use of water for purposes of Section 8 of the

Reclamation Act of 1902 (32 Stat. 390; 43 U.S.C. Section 372). 
 

 

 

 

 

 

Rev. February 19, 1993 

December 17, 1992

Rev. January 14, 1993 

All transfers implemented in accordance with Section 3405(a) will be

consistent with State law. Long-term transfers will also be subject to all

subsequent State laws enacted during the period of the transfer. 

The applicability of these Interim Guidelines will not impede or

restrict annual short-term transfers of Project water between Project

contractors as currently provided for under existing contract provisions. 

These Interim Guidelines will not apply to transfers of base supply as

defined in and recognized under the Sacramento River water rights settlement

contracts. Transfers of base supply under those contracts will be

accomplished pursuant to the water transfer provisions of California State

Law. 

IV. IMPLEMENTATION 

The application of these Interim Guidelines depends on the type of

water transfer involved. There are two separate categories of water

transfers. 

(A) Historic Water Transfers. All Project water users who have

existing water transfer provisions in their current contracts, as

provided under prior Reclamation authorities, will be allowed to

continue annual short-term transfers in accordance with the provisions

of those contracts. These transfers are typically intra-service area

transfers for periods of one year or less, and are made for water

management/efficiency purposes. The criteria specified in Section V of

these Interim Guidelines do not apply to this category of water

transfers. This was addressed in the Department of Interior’s April 

16, 1998, CVPIA Administrative Proposal. 

(B) All Other Water Transfers. All water transfers specifically

authorized by Section 3405(a) of PL 102-575. These transfers will 

include both short-term and long-term transfers. Short-term transfers 

will be Project transfers for periods of 1 year or less. Long-term

transfers will be those transfers for a period or periods of more than

1 year with the maximum period being limited by the term of the Project

contract under which the transfer is being made. 

2
 
 

 

 

December 17, 1992

Rev. January 14, 1993

Rev. February 19, 1993 

V. CRITERIA FOR TRANSFERS AUTHORIZED UNDER SECTION 3405(a) 

A Transferor can be a contracting district or agency, an individual water

user within a contracting district or agency, or an individual contractor

under a water service or repayment contract, water rights settlement or

exchange contract. 

(A) All transfers of Project water must be between willing buyers and

willing sellers. 

(B) Transfer proposals shall be completed in accordance with these

criteria and shall be submitted in writing to Reclamation for review.

Appendix No. 1 attached hereto and made a part of these Interim

Guidelines, contains the criteria checklist that shall be used in

developing written transfer proposals. 

(C) Individual Project water users within any contracting district or

agency who propose to transfer Project water shall submit the proposal

to Reclamation with a duplicate copy of the complete written proposal

to the contracting district or agency. These individuals must be able 

to document to the satisfaction of Reclamation that they are authorized

to transfer the Project water. 

(D) All transfer proposals by individual Project water users within a

contracting district or agency shall be reviewed by the contracting

district or agency to ensure the transfer will have no unreasonable

impact on the water supply, operations, or financial conditions of the 

transferor's contracting district or agency or its water users. The 

contracting district or agency will have 45 days upon receipt of the

transfer proposal to evaluate and advise Reclamation of the impacts on

the water supply, operations, or financial conditions on the 

contracting district or agency. Condition Sunset September 30, 1999, 

by §3405(a)(3). 

(E) Transfer proposals involving more than 20 percent of Project

water subject to long-term contract within a contracting district or

agency shall be evaluated by the contracting district or agency and

shall be subject to review in a public participation process similar to

the provisions contained in Public Law 97-293. This 20 percent figure

is cumulative. 

3
 
 

December 17, 1992

Rev. January 14, 1993

Rev. February 19, 1993 

4
 

(F) All proposals for transfer outside the Project service area shall 

be subject to a right of first refusal on the same terms and conditions
 

December 17, 1992

Rev. January 14, 1993

Rev. February 19, 1993 

5
 

Act (ESA), the Fish & Wildlife Service Coordination Act (FWSCA) (if

applicable), the California Environmental Quality Act (CEQA), and the
 

 

December 17, 1992

Rev. January 14, 1993

Rev. February 19, 1993 

(S) Power to convey Project water beyond the contractual point of

delivery through Project facilities must be supplied by the parties

requesting the transportation. No Project-use power will be used to

convey Project water beyond the contractual point of delivery. First 

priority at Project facilities shall be given for pumping Project

district’s or agency’s contract allocation of Project water. 

(T) The Secretary or his designated representative shall have final

approval of all transfers of Project water. 

VI. TRANSFEROR'S RESPONSIBILITY 

It shall be the Transferor's responsibility to: 

(A) Comply with all criteria for the transfer of Project water and

ensure all proposals are complete written proposals. A water transfer 

proposal will not be deemed complete until all items listed in Appendix

1 of these Interim Guidelines have been satisfied. The 90 day review

period specified in Section VII(a) of these Interim Guidelines will

start upon receipt of the complete written transfer proposal. 

(B) Ensure a complete written transfer proposal is submitted to

Reclamation for review and approval. Individual Transferors within a 

contracting district or agency shall also provide a copy of the

complete written transfer proposal to its respective district or

agency. 

(C) Provide Reclamation with a written statement from the contracting

district or agency documenting that the transfer will have no

unreasonable impact on the water supply, operations, or financial

conditions of the Transferor's contracting district or agency or its

water users. Condition Sunset September 30, 1999, by §3405(a)(3). 

(D) Pay Reclamation all additional water rates and charges associated

with water transfers. Individual Transferors within a contracting

district or agency shall submit all additional water rates and charges

to the contracting district or agency. The contracting district or

agency will remit to Reclamation this additional revenue. Reclamation 

will provide water rates and charges associated with water transfers

upon request. 

(E) Reimburse the Department of Interior for all costs associated

with reviewing and processing transfer proposals. The Transferor is 

also responsible for all costs associated with developing and

completing a 

6
 
 

December 17, 1992

Rev. January 14, 1993

Rev. February 19, 1993 

complete written transfer proposal. If the Transferor is an individual 

within a contracting district or agency, the individual is responsible

for all costs associated with developing a complete written transfer

proposal. 

VII. RECLAMATION RESPONSIBILITY 

It shall be Reclamation's responsibility to: 

(A) Approve or disapprove water transfer proposals within 90 days

from receipt of a complete written proposal. If the transfer proposal

is disapproved, Reclamation shall inform the Transferor and Transferee

in writing why the transfer does not comply with the terms, conditions

and criteria of these Interim Guidelines and what alternatives, if any,

could be included so that the transfer would reasonably comply with the

terms, conditions and criteria of these Interim Guidelines. 

(B) Ensure that no transfer will be approved if Reclamation, in

consultation with the U.S. Fish and Wildlife Service (Service),

determines that such transfer would result in significant reduction in

quantity or decrease in the quality of water supplies currently used

for fish and wildlife purposes, unless Reclamation, in consultation

with the Service, determines pursuant to findings setting forth the

basis for such determination that such adverse effects would be more 

than offset by the benefits of the proposed transfer. In the event of 

such determination, Reclamation, in consultation with the Service,

shall develop and implement alternative measures and mitigation

activities as integral and concurrent elements of any such transfer to

provide fish and wildlife benefits substantially equivalent to those

lost as a consequence of such transfer. 

7
 
 

2 

Appendix No. 1

Drafted 12/17/92

Revised 01/08/93

Revised 02/19/93 

CRITERIA CHECKLIST 

FOR A COMPLETE 

WRITTEN TRANSFER PROPOSALS 

1. Name and Location of Transferor: (If within a district or

contracting entity, identify): 

Name and Location of Transferee: (If within a district or

contracting entity, identify): 

3. Provide a detailed location map of the area(s) proposed to

receive the transferred water. 

4. If Transferor is individual within a contracting district or

agency, provide documentation supporting claim of right to the

quantity of Project water being transferred under the contracting

district or agency's Project contract. 

5. Complete written description of transfer proposal, including the

proposed time period and/or term of transfer. 

6. Identify Central Valley Project facility/facilities required to

facilitate transfer for conveyance, pumping and/or storage. 

7. State quantity of water involved with transfer and identify

purpose of use for the transferred water. 

8. Provide detailed consumptive use analysis to document how the

quantity of water available for the proposed water transfers was

calculated. 

9. Is quantity to be transferred more than 20 percent of the

Transferor's contracting district or agency's Project water

supply? Explain and provide applicable supporting documentation. 

10. Will this transfer along with other transfers to date

cumulatively total more than 20 percent of the Transferor's

contracting district or agency's Project water supply? Explain

and provide applicable supporting documentation. 

11. Provide data identifying percentage of total contract supply

transferred to date from the Transferor's contracting district or

agency under whose contract the Project water is being

transferred. 
 

 

 

 

12. Identify method by which water is being made available for

transfer: 

(A) Fallowing: 

(1) All transfer proposals involving fallowing shall be

submitted no later than March 1 of each irrigation

season or 30 days after the effective date of these

Interim Guidelines; 

(2) Acres fallowed as part of normal rotation or crop set

aside program will not be considered as making water

available for transfer. 

(3) Identify and document crop and total number of acres

being fallowed, explaining any differences from

historical cropping pattern/historical mix. 

(4) Identify and document consumptive use of crop being

fallowed. 

(5) Historical cropping data for lands being fallowed

(minimum of last 5 years or from 1987 to present). 

(B) Requirements for substituting ground-water use for surface

supply: 

(1) Comprehensive ground-water basin study or evaluation

of ground-water supplies demonstrating transfer will

have no significant long-term adverse impacts on

ground-water conditions, inter-related surface

streams, or other ground-water supplies in Project

service area; OR 

Comprehensive evaluation of the potential impact on

ground-water supplies accompanied by an adopted

ground-water management plan. 

(3) Location map of ground-water well(s) to be utilized. 

(4) Drillers log for ground-water well(s) to be utilized. 

(5) Provide location of other ground-water wells in

Project service area. 

(6) Identify and document area(s) normally irrigation by

wells. 

(C) Conservation: 

(1) Identify method of conservation 

(2) Transfer proposals involving water made available by

conservation measures will be reviewed on a case by

case basis. 

2
 
 

13. Have requirements of the NEPA, ESA, and FWCA (if applicable) been

completed? Explain and provide applicable documentation. 

14. Have requirements of the CEQA and CESA been completed? Explain

and provide applicable documentation. 

15. If transfer is 20 percent or greater of the Transferor's

contacting district or agency's Project water supply, has public

participation necessary to complete the transfer been done?

Explain and provide supporting documentation. 

16. If electric power, other than Project-use power, is necessary to

transfer Project water, then the Transferor must provide

documentation that such electric power has been obtained. The 

Transferor must also provide documentation that Western Area

Power Administration finds that the source of power is available

for pumping at the Project facilities. 

17. The Transferor must submit a deposit of $3,000 to cover the

administrative costs of reviewing each water transfer proposal.

If the transfer proposal is denied, any deposit remaining will be

refunded to the Transferor. If the transfer is approved, the

transferor will be refunded any deposit remaining or billed for

any additional administrative costs incurred in processing the

transfer proposal. 

18.	 Attach statement by the Project contractor holding the contract

for the water being transferred that the transfer will have no

unreasonable impact on water supply, operations, or financial

conditions of Project contractor or its water users. 

19.	 If the transfer will involve use of Project water outside Project

service area, provide proof of public notification for right of

first refusal. Condition Sunset September 30, 1999, by 

§3405(a)(3). 

3
 
 

Appendix No. 2

February 19, 1993

Page 1 of 3 

PUBLIC NOTICE REQUIREMENTS 

1. Name and Address of Transferor (if within a contracting district or

agency, identify). 

2. Name and Address of Transferee (if within a district or contracting

agency, identify). 

3. Brief description of transfer proposal (identify terms of transfer,

period of transfer, quantity of water involved, cost per acre-foot, and

where transferred water will be used). 

4.	 Identify a contact point for questions on the proposed transfer. 

5.	 Include statement: “If you are interested in exercising right of first

refusal, please notify the contact point and write the Bureau of

Reclamation, MP-440, 2800 Cottage Way, Sacramento, CA 95825.”

Condition Sunset September 30, 1999, by §3405(a)(3). 
Appendix No. 2

February 19, 1993

Updated December 2006 

CENTRAL VALLEY PROJECT 

WATER ASSOCIATIONS AND AUTHORITIES 

Central Valley Project Water Association

1521 I Street 

Sacramento, California 95814 

Friant Water Users Authority

854 North Harvard Avenue 

Lindsay, California 93247 

Mid-Valley Water Authority

4886 East Jensen Avenue 

Fresno, California 93725 

Sacramento River Water Contractors Association 

910 K Street, Suite 310

Sacramento, California 95814 

Tehama-Colusa Canal Water Users Association 

PO Box 1054 

Willows, California 95988 

Delta-Mendota & San Luis Water Users Authority

PO Box 2157 

Los Banos, California 93635 

Central California Irrigation District

(Operating Entity of Delta Mendota Pool)

PO Box 1231 

Los Banos, California 93635 

Madera Irrigation District

(Operating Entity of Madera Canal)

12152 Road 28-1/4

Madera, California 93637 

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Appendix No. 2

February 19, 1993

Updated December 2006

MAJOR NEWSPAPERS WITHIN 

CENTRAL VALLEY PROJECT SERVICE AREA 

Antioch Daily Ledger Modesto Bee 

650 Cavello Road 1325 H Street 

Antioch, CA 94509 Modesto, CA 95354-2427 

Auburn Journal Record Searchlight 

1030 High Street 1101 Twin View Boulevard 

Auburn, CA 95603 Redding, CA 96003-1531 

Bakersfield Californian Red Bluff Daily News

PO Box 440 545 Diamond Avenue 

Bakersfield, CA 93302 Red Bluff, CA 96080-4302 

Chico Enterprise-Record Sacramento Bee 

400 East Park Drive 2100 Q Street

Chico, CA 95928-7127 Sacramento, CA 95816-6816 

Contra Costa Times San Francisco Chronicle 

2640 Shadelands Dr 901 Mission Street 

Walnut Creek, CA 94598-2513 San Francisco, CA 94103-2905 

Folsom Telegraph San Jose Mercury News 

49 Natoma Street, Suite D 750 Ridder Park Drive 

Folsom, CA 95630-2673 San Jose, CA 95190 

Fresno Bee Stockton Record 

1626 E Street PO Box 900 

Fresno, CA 93786 Stockton, CA 95201 

Los Banos Enterprise Trinity Journal

1253 W. I Street PO Box 340 

Los Banos, CA 93635 Weaverville, CA 96093 

Madera Tribune 

PO Box 269 

Madera, CA 93639 

Merced Sun-Star 

PO Box 5256 

Merced, CA 95340 

3