Attachment A: Legal Certification and Apportionment Required for Water Measurement


Do I need to provide the Legal Certification and Apportionment attachment?


If the water supplier is complying with the measurement regulation by measuring at least some of their customers upstream of their delivery points, the water supplier must submit the attachment.


Legal Certification and Apportionment


What is Legal Certification?

The water supplier’s legal counsel certifies that water supplier lacks legal access to - and has sought, and been denied access by customers to the customer farmgate.



What is Apportionment?

Suppliers must document or describe the methodology of apportionment for downstream users from a shared device or devices. Include in the description:

i. How the supplier accounts for differences in water use among individual customers. Options may include delivery deviation; customer annual water use; irrigated acres; crop types; and on-farm irrigation system.


ii. Is the supplier's apportionment methodology sufficient for establishing a pricing structure based at least in part on the volume delivered?


iii. Was your apportionment method approved by the supplier's Board of Directors?