Management Policy Section G: Truckee-Carson Irrigation District

SECTION G: WATER

Water Season
.
Change in Water Duty
.
Procedures for Ordering
and Delivery of Water
.
Water Right Transfers
.
Subdivisions
.
Ownership
.
Transfers of Water Rights
.
Delivery of Water to Non-Water-Righted Land

Fernley Stockwater Pipeline
.
Irrigation Allocations
.
Assignments of Water Rights
to the District
.
Original Construction Charges
.
Re-Watering of Lands
.
Take-Outs Where Water Rights
Have Been Removed

Water Season

The water season in a normal 100% year will be from approximately March 15^th to November 15^th. Final determination of the season start and finish dates will be made by the Board of Directors. Factors such as snow pack, winter moisture in the Project area, water orders, applicable operating criteria and procedures, and storage will be considered in setting the starting and ending dates of the season. The Board will set the start of the season at the March Board Meeting.

The last day to accept water orders will be five days prior to the close of the irrigation season. In a normal season, November 10^th will be the last day water orders will be accepted (or the next business day if the 10^th is on a holiday or weekend). Requests for water delivery after the last day to order will not be guaranteed delivery.

Notice of the starting date and the closing date of the season will be posted in the Lahontan Valley News and in the Fernley Leader-Courier for five consecutive days. The closing date of the season and the last day to order water will be posted on the October water card in a normal water year. In a short water season, every effort will be made to post the last day for delivery of water and the last day to order water on the water card that is mailed prior to the close. (12/7/99)

Change in Water Duty

Upon request by the landowner or Bureau of Reclamation for a change in water duty on a farm unit or units of single ownership, the District’s Board of Directors will review the request and make a recommendation to the Federal Water Master regarding the change in water duty. The recommendation will be based on information presented to the Board by the landowner and/or the Bureau of Reclamation as well as other information provided to the Board. Beneficial use of water for the production of alfalfa will be the standard to be applied when considering the amount of irrigation water necessary.

Information presented to the Board should include all relevant factors such as water tables; soil types and their water holding capacities; surrounding soil types; farming practices, which should include water conservation practices; cropping patterns and practices; and a history of water use. The information provided with the application for change in water allocation should be as complete as possible in order to avoid delays in the review process.

The following is a checklist of items that should be considered and included with the petition to the Board for a request in change in water allocation for an individual farm unit or units within the same ownership:

REQUIRED:

Soil scientist review performed by NRCS or private consultant which would identify:

Location of farm unit(s) on soil survey map

Water holding capacity of soil(s)

Water table data and monitoring information

Recommendation of the soil scientist

Irrigation engineer review:

Adequacy of maintenance of water user irrigation facilities

Evaluation of the adequacy of TCID system with respect to the individual’s operation

Recommendation of the irrigation engineer as to how the applicant could improve his operation

Irrigation History: (5 to 10 year history)

Number of acre-feet applied per irrigated acre

Irrigation scheduling

Acres in production

Type of crop(s)

Farm management

OPTIONAL: Cropping history to compare to "standard" yields

Procedures for Ordering and Delivery of Water

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ORDERS

Orders can be placed between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday except holidays, by calling 423-6511 in Fallon; 575-2211 in Fernley, or in person at the District’s office at 2666 Harrigan Road. NO ORDERS WILL BE TAKEN BY THE DITCHRIDER in the field or at his home. The water user should place an order 48 hours before needed. However, the water user should be prepared to take delivery of water any time after placing the order. The delivery can occur within the 48 hour period but, may be slightly longer during peak periods of use. At the time of the order, the water user should estimate as close as possible the flow in cfs (cubic feet per second) and the number of hours the water will be needed. (12/7/99)

Orders that are placed after 3:00 p.m. Monday through Thursday will not be processed until the following day. Water is delivered with efficiency as a priority and is not delivered in accordance with the time the order is placed. Orders for specific time or day will not be accepted.

Please give the following information to the dispatcher:

TCID serial number of property;
Property owner’s name;
Name of irrigator, if applicable;
Local telephone number where the water user can be contacted by the Ditchrider;
Lateral and take-out number (example: V5-T1 "V5 is lateral", "T1 is take-out"). These numbers are on District headgate(s).
Amount of CFS and amount of time (hours, minutes)

If the water user wants delivery from more than one canal or lateral, separate water orders will be required.

No water order will be taken for land which is delinquent in the payment of assessments and charges due the District.

DELIVERY

The ditchriders will pick up the water orders at 4:00 p.m., Monday through Friday and will call the water user between 5 p.m. and 9 p.m. the evening of the day the water was ordered. If the water user is not available during this time, it will be the water user's responsibility to call the ditchrider or have a message recorder on his phone. The ditchrider will schedule your water and advise the water user as to the approximate time the water will be delivered. For scheduling and proper management of the water, the ditchrider may limit water orders to 120% of the "estimated" hours. It should be understood that it is not possible to deliver the exact cfs that is ordered in most cases but the water user will be informed of the amount of water that is delivered. The end-of-month Water Service Summary card will reflect the actual water delivered and not what was ordered.

All water deliveries in each district within the Project are scheduled, coordinated, monitored, and directed by the ditchrider. The ditchrider will deliver water in accordance with District policy as directed by the Water Master and Assistant Water Master. The accountability for all deliveries of water, whether water changes are made by a ditchrider or by someone authorized by the ditchrider, is the responsibility of the ditchrider. The ditchrider must account for all time and flow elements involved in making efficient water transactions within his area of responsibility. (12/7/99)

If a water user experiences a problem during deliveries, he/she should immediately take the following steps:

First, contact your ditchrider.
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If the problem has not been resolved, contact the Assistant Water Master, Shelby Cecil.
His phone number is 423-8299 and mobile phone 350-8754.
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If the problem still hasn’t been resolved, the user can next contact the District’s Water Master, Willis Hyde at 423-2141, 423-7488 (home) or 350-8752 (mobile).
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If the problem cannot be resolved with the previous steps, the user should then file a written complaint with the District’s Office.
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If the problem cannot be resolved by District Management, then the Board of Directors may appoint a special mediator, if necessary, or take other action as the Board may deem appropriate. The cost of the special mediator, or other Board action, will be charged to the water user. If the charges for such special actions are not paid within 30 days of billing, water orders will not be accepted.

Ditchriders are on duty for a certain number of days, followed by a period of days off. During those scheduled days off a relief rider will be available.

The water user is not to OPEN, CLOSE, or CHANGE any District gates or facilities without the ditchrider’s consent (transfer authority). If such consent is given by the ditchrider and agreed to by the water user, then the acting party must follow the ditchrider’s directions completely. Upon accepting the authority to make changes to the District facilities, the water user is then also accepting responsibility for any damages that might occur that are caused by negligence. In addition to the instructions from the ditchrider to record the time and other factors of the water delivery, the ditchrider may ask the water user to notify the next water user in line to receive water.

This method of passing water allows a head of water to be used efficiently. If the water is not passed to another water user, the water user must notify the ditchrider IN ADVANCE of the completion of the water delivery. If the water user fails to so notify the ditchrider, the ditchrider will estimate the delivery in hours and no adjustments will be made. Once this transaction is completed, the temporary transfer of authority to the water user ceases. In an emergency, the water user should take appropriate corrective action and notify the ditchrider as soon as possible.

Due to changes in water use, water demand, and potential canal system capacity problems, the Board of Directors has set the following limitations on the delivery of water to the water user:

It is not the responsibility of the ditchrider to find the water user. It is therefore important that water users supply phone numbers where they can be reached between the hours of 5:00 p.m. and 9:00 p.m. If the water user will not be available during that time, a phone recorder should be available for the ditchrider to leave a voice message.
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THE WATER USER MUST TAKE DELIVERY OF WATER AT ANY TIME, DAY OR NIGHT, after having ordered the water. The ditchrider will advise the water user in advance when the water will be available. If service is refused, the water order may be placed at the end of the current orders. If the water user refuses after reasonable efforts by the Ditchrider, then the order will be canceled and a new order will not be taken for seven days.
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All water delivered will be measured by the ditchrider as accurately as possible. Each month a report will be sent to the water user indicating the amount of water used to date and the balance remaining. It is the responsibility of the water user to bring discrepancies in the report to the attention of the Water Master before the 25th day of the month following the reporting period. It is suggested that the water user keep an accurate account of the amount of water delivered by recording the time the water is turned on and off and the date of delivery. The District has the responsibility to properly measure each delivery of water. If the water user doesn't accept the ditchrider's measurement, then the water user should contact the Water Department and request a metered measurement. If a metered measurement is requested, the water user and ditchrider will be notified of the time and place that the water will be measured so that the water user and ditchrider, if possible, can be present at the measurement. If the water user wants to measure the water to verify the District's measurement, the measurement should be done at the same time and place as the District's metered measurement. If a metered measurement is done by the water user at another time and place, such metered measurement should be done in accordance with the "Bureau of Reclamation Water Measurement Manual" and the information presented on a form provided by the District for such metered measurement. (08/07/00)
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No water user will be allowed to divert more than twenty-five percent (25%) of his annual water allocation during any one month period, if, in the opinion of the Water Master, the diversion could cause potential damages to other water users.
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Second runs of water shall not be made to the water user’s same District headgate within a seven (7) day period, except to protect (1) new seeding during the first 60 days; and (2) highly sensitive crops.
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The scheduling of water delivery by the District will allow for consideration of the needs of the water users. For instance, new seeding (alfalfa and pasture during the first 60 days and corn during the first 90 days) may have a preference over established crops.
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No water user will be allowed more than one head of water on the same ditch when the ditchrider has other water users demanding water. A head of water in excess of 30 cfs shall be considered as two heads of water and may be reduced by the ditchrider when necessary to meet other demands.
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Deliveries of water to any one takeout shall be limited to 30 cfs or less, if, in the opinion of the Water Master or ditchrider, it is felt that the safe-rated capacity of the District’s facilities is being exceeded.
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On laterals that service a number of small acreages, the delivery will be completed in one run if, at the discretion of the Water Master, it can be done. Water will be put in the lateral and all small users will use the water in rotation mutually agreed upon by the parties involved. If no agreement can be reached then, by request, the Water Master shall establish the rotation and users shall be bound by the decision. Once a delivery day is established, it will be changed only at the discretion of the District. If it is impossible to measure the water to each individual water user then the total water delivered to the lateral shall be measured and prorated to each water user according to the acreage irrigated.
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Water will not be delivered in excess of allocation. Unauthorized use of water (irrigating without having placed a water order and/or without having been told to proceed by the ditchrider) will result in the water user’s takeout being padlocked and a financial penalty imposed in accordance with Board policy. Service will not be restored until such time as the water user appears before the Board of Directors to resolve the unauthorized use.
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Water must be used to the best advantage. Any water user wasting water, such as running on and off a border simultaneously, will be warned by letter. For any offense following such notice, the water will be shut off and service will only be resumed when the water user appears before the Project Manager or Water Master and satisfactorily explains the reasons therefore. The water user will also then be required to appear before the Board of Director at the next regular Board meeting. (07/07/00)
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Water delivery to a water user’s ditch and/or takeout may be refused if it is in such condition that water delivery would cause or result in an adverse impact or effect upon the District’s operations or water delivery system. Before action is taken, the Board director representing that area, the Water Master, and the ditchrider shall jointly inspect the ditch to decide whether water delivery shall be discontinued and determine what actions, if any, would be necessary to remedy the situation. In the case of more than one water user using the same ditch, water will be refused to all of the water users until the ditch and/or takeouts are cleaned and/or repaired. When work is completed to the satisfaction of the Project Manager or Water Master, deliveries will be resumed. (12/7/99)
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Water users and the District are regulated by court approved Operating Criteria and Procedures (OCAP) which limit the use of water to irrigated water right acres. Non-compliance will result in penalties as established in the OCAP. Any changes in irrigated acreage should be reported to the District’s engineering department along with appropriate documentation to show what acreage changes are going to be made.
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Relations between ditchriders and water users should be that of mutual respect and assistance. Abuse or abusive language on the part of any ditchrider or any water user to each other will not be tolerated. Necessary steps to stop any abuse will be taken by the Truckee-Carson Irrigation District Board and management.
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Ditchriders are not employees of the Board members or of the water users, but of the District as a whole. Instructions as to management of water shall come from management in conformance with policy established by the Board of Directors. (08/09/99)

Water Right Transfers

Any temporary transfer or permanent water right transfer must be filed and approved by the Nevada State Engineer 60 days prior to the end of a normal irrigation season (75% or above) for addition to the water right owner’s allocation during the current irrigation season. During a short irrigation season (75% or below), the deadline for approval by the Nevada State Engineer would be July 1^st. The District cannot guarantee that water will be available nor can the District guarantee delivery of water if the time limits as stated above are not adhered to. (12/7/99)

Subdivisions

In the case of property having been subdivided, the District will deliver water to the original takeout only. It shall be the obligation of the subdivider and purchasers of the subdivided land to construct and maintain necessary facilities to irrigate from original District structures in accordance with District policy.

A watering subdivision is made up of the water users in a neighborhood who irrigate from an original takeout. The irrigation allowance of each member of the group is added together to arrive at the allocation for the subdivision. The members of the subdivision shall irrigate under one delivery, and no additional deliveries will be made for a period of seven days. Water will be measured at the original District takeout only.

The members of each watering subdivision shall choose ONE person to act as Coordinator within the watering subdivision and ONE alternate and submit those names to the District Water Master for approval. These two persons will be the ditchrider’s and District’s contact. Other members of the subdivision are required to contact their coordinator. The responsibilities of the Coordinator would be to: (1) order water as needed by users within the subdivision; (2) coordinate and organize the efficient distribution of water within the subdivision; and (3) account for usage of water within the subdivision.

Ownership

Change of ownership of water-righted parcels require that the new owner provide a "Record of Conveyance" and "Abstract of Title" to the District of the change. Upon payment of the appropriate administrative fee, the District will make the necessary changes to allow the new owner to order water delivery. (08/09/99)

Construction/Repair on Project Easements:

The District owns, or has possessory rights to, the system of irrigation and drainage ditches which serves the Newlands Project, together with the rights-of-way appurtenant thereto. No building or construction thereon, including piping, filling, fencing, or other alteration thereof may be performed unless WRITTEN permission therefore has first been obtained from the District.

The following are excerpts taken from Nevada Revised Statutes for your information:

N.R.S. 539.783 LIABILITY OF WATER USER NEGLIGENTLY, WRONGFULLY IMPAIRING DISTRICT WORKS; NOTICE TO REPAIR. Any water user, or his agent or lessees, of an irrigation district who shall negligently or wrongfully impair the usefulness of any reservoir, canal, ditch, lateral, drain, headgate, structure, or any part of the irrigation district system of works and fails to repair the same within 10 days after notice from the District so to do, or who fails within such time to file with the Board of Directors good and sufficient reasons for so failing to do, shall become liable for the payment thereof as provided in this chapter, or the irrigation district may make such repairs and add and collect the same as an operation and maintenance charge against the lands of the water user for the next succeeding irrigation season.

N.R.S. 536.040 CONTRIBUTION OF OWNERS FOR PROPORTIONATE SHARE OF WORK. In all cases where ditches are owned by two or more persons, and one or more of such persons shall fail or neglect to do a proportionate share of the work necessary for the proper maintenance and operation of such ditch or ditches, or to construct suitable headgates or other devices at the point where water is diverted from the main ditch, such owner or owners desiring the performance of such work may, after giving 10 days written notice to such other owner or owners who failed to perform such proportionate share of the work necessary for the operation and maintenance of such ditch or ditches, perform such share of the work, and recover therefore from such person or persons in default the reasonable expense of such work.

N.R.S. 536.050 STATEMENT OF EXPENSES CONSTITUTES VALID LIEN AGAINST PROPERTY OF DEFAULTING CO-OWNER. Upon the failure of any co-owner to pay his proportionate share of such expense, as mentioned in N.R.S. or persons so performing such labor may secure payment of such claim by filing an itemized and sworn statement thereof, setting forth the date of the performance and the nature of the labor so performed, with the County Clerk of the county wherein the ditch is situated and when so filed it shall constitute a valid lien against the interest of such person or persons in default which lien may be established and enforced in the same manner as provided by law for the enforcement of mechanics’ liens.

Click here for a list of helpful phone numbers at TCID.

Transfers of Water Rights

Temporary or Permanent Transfers

Protest of Applications to Appropriate or Transfer Water

The District will protest all applications to appropriate or transfer the waters of the State of Nevada which might negatively impact the Newlands Project.

Purchase/Transfer of Newlands Project Water Rights to Lahontan Valley Wetlands

The District has reviewed the Newlands Project map upon which the NRCS identified those areas having less productive lands by virtue of soil classification. The review concluded that the purchase and/or transfer of water rights presently located on those lands would not negatively impact the District’s distribution system efficiencies if the following guidelines are adhered to. It is recommended that the purchase of water right:

Concentrate on lands serviced by the same lateral or sub-lateral.

Should begin at, and move upstream from, the terminus of the lateral/sub-lateral.

Should be acquired in "blocks" or "groups" rather than helter skelter which would create a "checkerboard" effect.

The water rights acquired should not cause negative impacts on the agricultural community and economy or the environment.

The entity, "owner", must be willing to be financially and contractually responsible to make payment of the annual O&M charges for the Newlands Project.

Once the purchase water rights are transferred to the Lahontan Valley wetlands, no transfer of the water right should be allowed outside the Newlands Project. The water should be kept in the Lahontan Valley for use of the wetlands which are an integral part of the Pacific Flyway.
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The water should be stored in Lahontan Reservoir where it would be utilized prior to delivery to the wetlands for multiple beneficial uses.

Recreational benefits will protect the State of Nevada’s investment in Lahontan Reservoir and insure water-related recreation for future generations including but not limited to boating, water skiing, swimming, picnicking and fishing.

Hydrogeneration benefits which provide an environmentally clean (non-polluting) renewable energy resource.

Fish and wildlife enhancement. (02/07/00)

Water Right Transfer Corrections

District engineering staff will provide in-house services (i.e. documents, maps, etc.) regarding water right transfer corrections without cost or charge to the water right owner. (08/07/00)

Delivery of Water to Non-Water-Righted Land

The District will not deliver water to fields that contain non-water-righted land that is being watered. Until the situation is corrected, the affected serial number will have its allocation reduced by the allocation on the field(s) in question.

Water users who are affected may correct this problem in the manner shown below:

If a field contains non-water-righted land that is being watered, the owner must come to the District office and obtain a picture of the questions field(s). The owner must decide what part or parts of the irrigated water rights in the field he wishes dewatered to make the irrigated acres and the water-righted acres balance. The owner will draw a picture of his intent and submit it to the District for approval.
Once the District approves the plan, the owner physically creates barriers, and the field(s) are inspected and approved by District employees, orders may be placed and water delivered that irrigation season.
The owner must then apply to the State Water Engineer for a permanent or temporary transfer of these rights, since this is allowed by state and federal law. The District will ask the Department of Interior to approve these transfers. Unless written objections are sent to the owner within 30 days, these transfers will be sent as a pre-approved batch of transfers with the support of the District and the Department of Interior. The State Engineer will be asked to rush these transfers.

Fernley Stockwater Pipeline

In the Fernley area, the District will provide stock water to specific water righted land through the Fernley stockwater pipeline system (see the Fernley Stockwater Pipeline map). The charge for service from the Fernley stockwater pipeline will be established annually by the Board. The Fernley stockwater pipeline water is not to be used other than for stock watering purposes.

When land that is serviced by the Fernley stockwater pipeline is divided or parceled, service from the stockwater pipeline shall be discontinued and the pipeline removed. However, service from the stockwater pipeline shall be continued to that portion of the divided land which is considered to be the original homestead if water rights are retained thereon and there continues to be a need for stockwater. (12/9/96)

Irrigation Allocations

Consolidation of irrigation allocations may only be made on lands within exactly the same ownership (i.e. John and Mary Doe to John and Mary Doe) and shall be assigned to a control number.

Assignments of Water Rights to the District

When an assignment of water right to the District is signed and delivered before or by March 1^st of any given year, the annual O&M assessments will be forgiven beginning with the next following assessment year at July 1^st and continuing from year-to-year thereafter until further action by the Board of Directors.

The District will pay for the assigned water right at the rate system approved by the Board of Directors in Section H when the water right has been approved by the State Engineer for transfer to the location of use as designated by the District. (5/7/97)

Original Construction Charges

Upon signing of a water right agreement, a parcel split, or a transfer of water rights, all remaining original construction charges shall be paid. (1/8/96)

Re-Watering Of Lands

If water rights are to be transferred to lands that have had their water rights previously removed, such re-watering shall be approved only when there is no adverse impact to operational efficiencies.

The District staff shall not permit a transfer of water rights which increase the costs or decreases the assessments or lessens the efficiency of the operations of the District.

Take-Outs Where Water Rights Have Been Removed

When all active water rights are removed from land by a water right transfer permit issued by the Nevada State Engineer, the owner of the property will be notified by written notice that the takeout for the property will be made inoperable or removed so it can no longer be used. If the property owner does not formerly request an alternative, the takeout will be removed or made inoperable 60 days after the date of the letter. (12/9/96)