citation: WAT § 1428

text:
The board may issue a temporary permit in advance of the notice required by this section. In all cases, whether or not a temporary permit has been issued, the board shall, as soon as practicable after the receipt of an application, issue and deliver to the applicant or permittee a notice of the application or permit, which includes the information required by Section 1301. Publication or posting of the notice shall be as follows:

(a) If the application or permit is for more than three cubic feet per second or for more than 200 acre-feet of storage, and if the permit is to remain in effect for more than 30 days, the notice shall be published by and at the expense of the applicant or permittee at the earliest practicable time, not to exceed 20 days from the date of issuance of the notice, in a newspaper having a general circulation and published within the county wherein the point of diversion lies. Proof of publication shall be by copy of the notice as published and made part of an affidavit filed with the board within 10 days of publication.

(b) In all other cases, unless the permit is to be in effect less than 10 days:

(1) The applicant or permittee shall post the notice in at least two conspicuous places in the locality to be affected by the diversion and use. Notices shall be posted not later than two days after receipt of the notice by the applicant or permittee. An affidavit containing proof of posting shall be filed with the board within seven days of the date of notice.

(2) The board shall send a copy of the notice by registered mail to each person who, in the judgment of the board, could be adversely affected by the temporary diversion and use.

(c) Regardless of the rate of diversion or the amount of storage, if the permit is to be in effect less than 10 days, the board shall exercise its discretion with respect to requiring notice, both before and after issuance of the temporary permit, and may require such proof of notice as it deems appropriate.

(d) Any interested person may file objection to the temporary diversion and use with the board and shall send a copy to the applicant or permittee.

(e) The board shall give prompt consideration to any objection, and may hold a hearing thereon, after notice to all interested persons.

(f) Failure of the permittee to comply with any requirement of this section shall result in the automatic termination of the temporary permit.

history: (History: Amended by Stats. 1978, Ch. 563.)

article: 1. Temporary Urgency Permits


kind: section

code: WAT

citation: WAT § 1429

text: The board shall supervise diversion and use of water under the temporary permit for the protection of all lawful users of waters and instream beneficial uses and for compliance with permit conditions.

history: (History: Amended by Stats. 1986, Ch. 455, Sec. 3.)

division: 2. WATER

chapter: 6.5. Temporary Permits

article: 1. Temporary Urgency Permits

path: 2. WATER > 6.5. Temporary Permits > 1. Temporary Urgency Permits


citation: WAT § 1430

text: A temporary permit issued under this article shall not result in the creation of a vested right, even of a temporary nature, but shall be subject at all times to modification or revocation in the discretion of the board. The authorization to divert and use water under a temporary permit shall automatically expire 180 days after the authorization takes effect, unless an earlier date is specified or the temporary permit is revoked. The 180-day period does not include any time required for monitoring, reporting, or mitigation before or after the authorization to divert or use water under the temporary permit. If the temporary permit authorizes diversion to storage, the 180-day period is a limitation on the authorization to divert and not a limitation on the authorization for beneficial use of water diverted to storage.

history: (History: Amended by Stats. 2019, Ch. 678, Sec. 6. (AB 658) Effective January 1, 2020.)

article: 1. Temporary Urgency Permits


citation: WAT § 1431

text: A temporary permit issued under this article may be renewed by the board. Requests for renewals shall be processed in the manner provided by this article, except that the permittee shall not be required to file duplicate maps, drawings, or other data if they were furnished with the original application. Each such renewal shall be valid for a period not to exceed 180 days from the date of renewal.

history: (History: Amended by Stats. 2019, Ch. 678, Sec. 7. (AB 658) Effective January 1, 2020.)

article: 1. Temporary Urgency Permits


citation: WAT § 1433

text:
(a) Unless the context otherwise requires, the following definitions govern the construction of this article:

(1) “Basin” has the same meaning as defined in Section 10721.

(2) “Groundwater sustainability agency” has the same meaning as defined in Section 10721.

(3) “Local agency” has the same meaning as defined in Section 10721.

(b) This article shall not apply to diversions within the groundwater basins identified in paragraph (24) of subdivision (a) of, or subdivision (c) of, Section 10720.8.

history: (History: Added by Stats. 2019, Ch. 678, Sec. 8. (AB 658) Effective January 1, 2020.)

path: 2. WATER > 6.5. Temporary Permits > 2. Temporary Permits for Diversion to Underground Storage


text:
(a) A groundwater sustainability agency or a local agency, whether or not an applicant, permittee, or licensee under provisions of this division other than this article, may apply for, and the board may issue, a conditional temporary permit for diversion of surface water to underground storage for beneficial use that advances the sustainability goal of a groundwater basin under Part 2.74 (commencing with Section 10720) of Division 6, without complying with other procedures or provisions of this division, subject to all requirements of this article. An application may be filed under this article whether or not there is an adopted groundwater sustainability plan, an interim plan, or an alternative under Section 10733.6 for the basin.

(b) Before issuing a permit pursuant to this article, the board shall make all of the following findings based upon a preponderance of the evidence:

(1) The proposed diversion is to underground storage for beneficial use consistent with subdivision (a).

(2) The water may be diverted and used without injury to any lawful user of water, including the user’s ability to meet water quality objectives. This finding may be satisfied by demonstrating both of the following:

(A) The proposed diversion to underground storage will occur only when both of the following conditions are satisfied:

(i) Flow in the source waterbody exceeds the claims of all known legal users who divert water downstream of the proposed point of diversion.

(ii) Unregulated flow in the source waterbody will be sufficient below the proposed point of diversion to meet instream flow requirements and water quality objectives.

(B) To prevent injury to existing legal users of water, storage and extraction from storage in the basin under the proposed permit will be subject to accounting methods and reporting requirements established by any of the following:

(i) A groundwater sustainability plan.

(ii) An interim plan.

(iii) An alternative approved pursuant to Section 10733.6.

(iv) The board, in applying conditions to the permit.

(3) The water may be diverted and used without unreasonable effect upon fish, wildlife, or other instream beneficial uses. If the permit does not include a condition proposed by the Department of Fish and Wildlife under paragraph (2) of subdivision (c) of Section 1433.2, the board shall include in the findings an explanation of why the condition is not included.

(4) The proposed diversion and use are in the public interest, including findings to support permit conditions imposed to ensure that the water is diverted and used in the public interest.

(5) If there is an adopted groundwater sustainability plan, an interim plan, or an alternative under Section 10733.6 for the basin, the proposed diversion to underground storage is consistent with that plan or alternative.

(c) The board may delegate to any officer or employee of the board all or any of its functions under this article, as provided in Section 7.

article: 2. Temporary Permits for Diversion to Underground Storage


text:
(a) The application for a temporary permit shall be completed in accordance with Section 1260 and shall be accompanied by any maps, drawings, and other data that may be required by the board.

(b) (1) An applicant shall pay an application fee and, if a permit is issued, a permit fee, both in amounts calculated in accordance with the provisions of Chapter 8 (commencing with Section 1525).

(2) Consistent with Section 3 of Article XIIIA of the California Constitution and the board’s authority to set fees to promote the conservation and utilization of water resources in the public interest, the board may adopt reduced fees under Chapter 8 (commencing with Section 1525) for applications, petitions, and permits under this article.

(c) In addition to subdivisions (a) and (b), an application shall include all of the following:

(1) Evidence that the applicant has completed any environmental review required by, or the project is exempt from, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). To the extent funding is available, the board shall review and comment on any notice of preparation or draft environmental document for a project subject to approval under this article, and include in the board’s comments identification of any instream beneficial uses of waters of the state that may be affected by the project. This paragraph is not a limitation on the authority of the board under any other law.

(2) A notification from the Department of Fish and Wildlife that the applicant has consulted with the Department of Fish and Wildlife at least 30 days before submission of the application. If the Department of Fish and Wildlife determines that it needs additional time for review, it may provide for a longer consultation period, not to exceed 60 days. The notification shall include a copy of any conditions proposed by the Department of Fish and Wildlife.

(3) (A) Except as provided in subparagraph (B), a water availability analysis that quantifies, under a range of foreseeable hydrologic conditions, the amount of unappropriated water available considering all known legal users who divert water hydrologically connected to the proposed point of diversion, effects on beneficial uses, including instream beneficial uses, and the ability to meet water quality objectives.

(B) A simplified water availability analysis, if the applicant proposes to divert water only when flow in the source waterbody exceeds an established or calculated flood stage, or if the applicant requests board consideration of a simplified water availability analysis prior to submittal of the application, and the deputy director finds that a simplified water availability analysis is sufficient for the board to make the findings required by subdivision (b) of Section 1433.1.

(4) A proposed accounting method for storage and extraction of water diverted under the permit that is either of the following:

(A) Certified to be consistent with the groundwater sustainability plan or alternative approved pursuant to Section 10733.6 by the groundwater sustainability agency for the basin where the water is proposed to be stored or the local agency responsible for implementing the approved alternative.

(B) If there is no applicable groundwater sustainability plan or alternative approved pursuant to Section 10733.6, adequate to demonstrate beneficial use of water under the proposed permit and not inconsistent with the department’s standards in Section 356.2 of Title 23 of the California Code of Regulations.


text:
(a) As soon as practicable after the receipt of an application, the board shall issue and deliver to the applicant a notice of the application that includes the information required by Section 1301 and a list of persons who, in the judgment of the board, could be adversely affected by the temporary diversion and use. The board shall post the notice to its internet website within 10 days of issuing the notice to the applicant.

(b) The applicant shall provide notice by registered or electronic mail to each person on the list of interested persons provided by the board and the list of interested persons maintained by any groundwater sustainability agency or local agency for the basin where the water is proposed to be stored. The applicant shall provide proof of notice to the board.

(c) Any interested person may file an objection to the temporary diversion and use with the board within 30 days of the mailing of the notice by the applicant. A person filing an objection shall send a copy to the applicant.

(d) The board shall consider an objection, and may hold a hearing on the objection after notice to all interested persons, before acting upon an application for a permit.


text: The board shall supervise diversion and use of water under a permit issued under this article for the protection of all lawful users of water, for protection of beneficial uses, including instream beneficial uses, the ability to meet water quality objectives, and for compliance with permit conditions. The permit may require a person who extracts water stored under the permit to comply with regulatory and permitting requirements for groundwater extraction set by the groundwater sustainability plan or alternative approved pursuant to Section 10733.6 for the basin.


text: A permit issued under this article shall not result in the creation of a vested right, even of a temporary nature. The permit is subject, at all times, to modification or revocation at the discretion of the board, after the permittee has adequate notice and an adequate opportunity to be heard concerning any proposed modification or revocation. The authorization to divert and use water under the permit shall automatically expire five years after the authorization takes effect, unless an earlier date is specified or the temporary permit is revoked, and shall be junior in priority to any subsequent appropriation not subject to this chapter. The five-year period does not include any time required for monitoring, reporting, or mitigation before or after the authorization to divert or use water under the permit. The five-year period is a limitation on the authorization to divert and not a limitation on the authorization for beneficial use of the water diverted to underground storage.


text: The board may renew a permit issued under this article if the board, in its judgment, concludes that the applicant has exercised due diligence in applying for a permit pursuant to provisions of this division, other than this chapter, and in pursuing that application once it is filed. The board shall process a request for a renewal of a permit issued under this article pursuant to this article. The board may request the permittee to file maps, drawings, or other data furnished with the original application for the permit. Each renewal of a permit issued under this article shall be valid for a period not to exceed five years from the date of renewal.


citation: WAT § 1435

text:
(a) Any permittee or licensee who has an urgent need to change a point of diversion, place of use, or purpose of use from that specified in the permit or license may petition for, and the board may issue, a conditional, temporary change order without complying with other procedures or provisions of this division, but subject to all requirements of this article.

(b) Prior to issuing a change order pursuant to this article, the board shall make all of the following findings:

(1) The permittee or licensee has an urgent need to make the proposed change.

(2) The proposed change may be made without injury to any other lawful user of water.

(3) The proposed change may be made without unreasonable effect upon fish, wildlife, or other instream beneficial uses.

(4) The proposed change is in the public interest, including findings to support change order conditions imposed to ensure that the change is in the public interest, and may be made without injury to any other lawful user of the water, and without unreasonable effect upon fish, wildlife, and other instream beneficial uses.

(c) “Urgent need,” for the purposes of this article, means the existence of circumstances from which the board may in its judgment conclude that the proposed temporary change is necessary to further the constitutional policy that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that waste of water be prevented; except that the board shall not find a petitioner’s need to be urgent if the board in its judgment concludes, if applicable, that the petitioner has not exercised due diligence either (1) in petitioning for a change pursuant to provisions of this division other than this article, or (2) in pursuing that petition for change.

(d) The board may delegate to any officer or employee of the board all or any of its functions under this article, as provided in Section 7.

history: (History: Amended by Stats. 2019, Ch. 678, Sec. 11. (AB 658) Effective January 1, 2020.)

chapter: 6.6. Temporary Changes

article: 1. Temporary Urgency Changes

path: 2. WATER > 6.6. Temporary Changes > 1. Temporary Urgency Changes


citation: WAT § 1436

text: The petition for a temporary change order shall be completed in accordance with the rules of the board, and the petitioner shall pay the fee required by Chapter 8 (commencing with Section 1525).

history: (History: Added by Stats. 1982, Ch. 867, Sec. 6.)

article: 1. Temporary Urgency Changes


citation: WAT § 1437

text: Before making the findings required by Section 1435, the board shall review available records, files, and decisions that relate to the rights of other legal users of water, consult with representatives of the Department of Fish and Wildlife, and make a field investigation if the investigation is necessary or desirable in the opinion of the board.

history: (History: Amended by Stats. 2015, Ch. 683, Sec. 55. (SB 798) Effective January 1, 2016.)

article: 1. Temporary Urgency Changes


citation: WAT § 1438

text:
(a) The board may issue a temporary change order in advance of the notice required by this section. In all cases, whether or not a temporary change order has been issued, the board shall, as soon as practicable after the receipt of a petition, issue and deliver to the permittee or licensee a notice of the change order which includes the information required by the rules of the board.

(b) Publication or posting of the notice shall be as follows:

(1) If the permit or license is for more than three cubic feet per second or for more than 200 acre-feet of storage, and if the change order is to remain in effect for more than 30 days, the notice shall be published by, and at the expense of, the permittee or licensee at the earliest practicable time, not to exceed 20 days from the date of issuance of the notice, in a newspaper having a general circulation and published within the county wherein the point of diversion lies. Proof of publication shall be by copy of the notice as published and made part of an affidavit filed with the board within 10 days of publication.

(2) In all other cases, unless the change order is to be in effect less than 10 days:

(A) The permittee or licensee shall post the notice in at least two conspicuous places in the locality to be affected by the change. Notices shall be posted not later than two days after receipt. An affidavit containing proof of posting shall be filed with the board within seven days of the date of notice.

(B) The board shall send a copy of the notice by registered mail to each person who, in the judgment of the board, could be adversely affected by the temporary change.

(c) Regardless of the rate of diversion or the amount of storage, if the change order is to be in effect less than 10 days, the board shall exercise its discretion with respect to requiring notice, both before and after issuance of the change order, and may require such proof of notice as it deems appropriate.

(d) Any interested person may file an objection to the temporary change with the board, and the board shall send a copy of that objection to the permittee or licensee.

(e) The board shall give prompt consideration to any objection, and may hold a hearing thereon, after notice to all interested persons.

(f) Failure of the permittee or licensee to comply with any requirement of this section shall result in the automatic termination of the temporary change.

article: 1. Temporary Urgency Changes


citation: WAT § 1439

text: The board shall supervise diversion and use of water under the temporary change order for the protection of all other lawful users of water and instream beneficial uses and for compliance with change order conditions.

history: (History: Amended by Stats. 1986, Ch. 455, Sec. 6.)

article: 1. Temporary Urgency Changes


citation: WAT § 1440

text: A temporary change order issued under this article shall not result in the creation of a vested right, even of a temporary nature, but shall be subject at all times to modification or revocation in the discretion of the board. The authorization to divert and use water under a temporary change order shall automatically expire 180 days after the authorization takes effect, unless an earlier date is specified or the temporary change order is revoked. The 180-day period does not include any time required for monitoring, reporting, or mitigation before or after the authorization to divert or use water under the temporary change order. If the temporary change order authorizes diversion to storage, the 180-day period is a limitation on the authorization to divert and not a limitation on the authorization for beneficial use of water diverted to storage.

history: (History: Amended by Stats. 2019, Ch. 678, Sec. 12. (AB 658) Effective January 1, 2020.)

article: 1. Temporary Urgency Changes


citation: WAT § 1441

text: A temporary change order issued under this article may be renewed by the board. Requests for renewal shall be processed in the manner provided by this chapter except that the permittee or licensee shall not be required to file duplicate maps, drawings, or other data if they were furnished with the original petition. Each such renewal shall be valid for a period not to exceed 180 days from the date of renewal.

history: (History: Amended by Stats. 2019, Ch. 678, Sec. 13. (AB 658) Effective January 1, 2020.)

article: 1. Temporary Urgency Changes


citation: WAT § 1442

text: This article shall not apply to any permittee or licensee petitioning for a temporary change pursuant to Chapter 10.5 (commencing with Section 1725).

history: (History: Amended by Stats. 2019, Ch. 678, Sec. 14. (AB 658) Effective January 1, 2020.)

article: 1. Temporary Urgency Changes


citation: WAT § 1443

history: (History: Added by Stats. 2019, Ch. 678, Sec. 15. (AB 658) Effective January 1, 2020.)

path: 2. WATER > 6.6. Temporary Changes > 2. Temporary Changes for Diversion to Underground Storage


text:
(a) A groundwater sustainability agency or a local agency that is a permittee or a licensee under provisions of this division other than this article, may petition for, and the board may issue, a conditional temporary change order that authorizes the diversion of surface water to underground storage for beneficial use that advances the sustainability goal of a groundwater basin under Part 2.74 (commencing with Section 10720) of Division 6, without complying with other procedures or provisions of this division, subject to all requirements of this article.

(b) Before issuing a change order pursuant to this article, the board shall make all of the following findings based upon a preponderance of the evidence:

(1) The proposed change is for diversion to underground storage for beneficial use consistent with subdivision (a).

(2) The proposed change does not increase the amount of water the petitioner is authorized to use, enlarge the authorized season of diversion, authorize diversion from a new source, or otherwise in effect initiate a new right.

(3) The proposed change may be made without injury to any other lawful user of water, including the user’s ability to meet water quality objectives. This finding may be satisfied by demonstrating both of the following:

(A) The proposed diversion to underground storage will occur only when flow in the source waterbody exceeds the claims of all known legal users who divert water downstream of the proposed point of diversion.

(B) Storage and extraction from storage in the basin under the proposed change will be subject to accounting methods and reporting requirements established by any of the following:

(i) A groundwater sustainability plan.

(ii) An interim plan.

(iii) An alternative approved pursuant to Section 10733.6.

(iv) The board, in applying conditions to the temporary change.

(4) The proposed change may be made without unreasonable effect upon fish, wildlife, or other instream beneficial uses. If the permit does not include a condition proposed by the Department of Fish and Wildlife under paragraph (2) of subdivision (c) of Section 1443.2, the board shall include in the findings an explanation of why the condition is not included.

(5) The proposed change is in the public interest, including findings to support change order conditions imposed to ensure that the water is diverted and used in the public interest, without injury to any lawful user of water, and without unreasonable effect upon fish, wildlife, and other instream beneficial uses.

(6) If there is an adopted groundwater sustainability plan, an interim plan, or an alternative under Section 10733.6 for the basin, the proposed diversion to underground storage is consistent with that plan or alternative.

(c) The board may delegate to any officer or employee of the board all or any of its functions under this article, as provided in Section 7.

article: 2. Temporary Changes for Diversion to Underground Storage


text:
(a) The petition for a temporary change order shall be completed in accordance with the rules of the board that specify the information and maps to be included in a petition for change.

(b) (1) A petitioner for a change order shall pay a fee calculated in accordance with the provisions of Chapter 8 (commencing with Section 1525).

(2) Consistent with Section 3 of Article XIII A of the California Constitution and the board’s authority to set fees to promote the conservation and utilization of water resources in the public interest, the board may adopt reduced fees under Chapter 8 (commencing with Section 1525) for applications, petitions, and change orders under this article.

(c) In addition to subdivisions (a) and (b), a petition shall include all of the following:

(1) Evidence that the petitioner has completed any environmental review required by, or the project is exempt from, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). To the extent funding is available, the board shall review and comment on any notice of preparation or draft environmental document for a project subject to approval under this article, and include in the board’s comments identification of any instream beneficial uses of waters of the state that may be affected by the project. This paragraph is not a limitation on the authority of the board under any other law.

(2) A notification from the Department of Fish and Wildlife that the petitioner has consulted with the Department of Fish and Wildlife at least 30 days before submission of the petition. If the Department of Fish and Wildlife determines that it needs additional time for review, it may provide for a longer consultation period, not to exceed 60 days. The notification shall include a copy of any conditions proposed by the Department of Fish and Wildlife.

(3) A proposed accounting method for storage and extraction of water diverted under the change order that is either of the following:

(A) Certified to be consistent with the groundwater sustainability plan or alternative approved pursuant to Section 10733.6 by the groundwater sustainability agency for the basin where the water is proposed to be stored or the local agency responsible for implementing the approved alternative.

(B) If there is no applicable groundwater sustainability plan or alternative approved pursuant to Section 10733.6, adequate to demonstrate beneficial use of water under the proposed change order and not inconsistent with the department’s standards in Section 356.2 of Title 23 of the California Code of Regulations.


text:
(a) As soon as practicable after the receipt of a petition for a temporary change order, the board shall issue and deliver to the petitioner a notice of the petition and a list of persons who, in the judgment of the board, could be adversely affected by the temporary change. The board shall post the notice to its internet website within 10 days of issuing the notice to the petitioner.

(b) The petitioner shall provide notice by registered or electronic mail to each person on the list of interested persons provided by the board and the list of interested persons maintained by any groundwater sustainability agency or local agency for the basin where the water is proposed to be stored. The petitioner shall provide proof of notice to the board.

(c) Any interested person may file an objection to the temporary diversion and use with the board within 30 days of the mailing of the notice by the petitioner. A person filing an objection shall send a copy to the applicant.

(d) The board shall consider an objection, and may hold a hearing on the objection after notice to all interested persons, before acting upon a petition for a temporary change order.


text: The board shall supervise diversion and use of water under a change order issued under this article for the protection of all lawful users of water and instream beneficial uses and for compliance with change order conditions. The change order may require a person who extracts water stored under the change order to comply with regulatory and permitting requirements for groundwater extraction set by the groundwater sustainability plan or alternative approved pursuant to Section 10733.6 for the basin.


text: A change order issued under this article shall not result in the creation of a vested right, even of a temporary nature. The change order is subject, at all times, to modification or revocation at the discretion of the board, after the permittee or licensee has adequate notice and an adequate opportunity to be heard concerning any proposed modification or revocation. The authorization to divert and use water under the change order shall automatically expire five years after the authorization takes effect, unless an earlier date is specified or the temporary change order is revoked, and shall be junior in priority to any subsequent appropriation not subject to this chapter. The five-year period does not include any time required for monitoring, reporting, or mitigation before or after the authorization to divert or use water under the change order. The five-year period is a limitation on the authorization to divert and not a limitation on the authorization for beneficial use of the water diverted to underground storage.


text: The board may renew a change order issued under this article if the board, in its judgment, concludes that the petitioner has exercised due diligence in applying for a change pursuant to provisions of this division, other than this chapter, and in pursuing that petition once it is filed. The board shall process a request for a renewal of a change order issued under this article pursuant to this article. The board may request the petitioner to file maps, drawings, or other data furnished with the original petition for the change order. Each renewal of a change order issued under this article shall be valid for a period not to exceed five years from the date of renewal.


text: This article does not apply to any permittee or licensee petitioning for a temporary change pursuant to Chapter 10.5 (commencing with Section 1725).


citation: WAT § 1450

text: Any application properly made gives to the applicant a priority of right as of the date of the application until such application is approved or rejected. Such priority continues only so long as the provisions of law and the rules and regulations of the board are followed by the applicant.

history: (History: Amended by Stats. 1957, Ch. 1932.)

chapter: 7. Priorities

article: 1. Priority of Application

path: 2. WATER > 7. Priorities > 1. Priority of Application


citation: WAT § 1455

text: The issuance of a permit continues in effect the priority of right as of the date of the application and gives the right to take and use the amount of water specified in the permit until the issuance of a license for the use of the water or until the permit is revoked.

history: (History: Amended by Stats. 1969, Ch. 1087.)

article: 2. Effect of Issuance of Permit

path: 2. WATER > 7. Priorities > 2. Effect of Issuance of Permit


citation: WAT § 1460

text: The application for a permit by a municipality for the use of water for the municipality or the inhabitants thereof for domestic purposes shall be considered first in right, irrespective of whether it is first in time.

history: (History: Enacted by Stats. 1943, Ch. 368.)

path: 2. WATER > 7. Priorities > 3. Preferred Priorities of Municipalities


citation: WAT § 1461

text: The application for, or the granting of, a permit to any municipality to appropriate water does not authorize the appropriation of any water for other than municipal purposes.

article: 3. Preferred Priorities of Municipalities


citation: WAT § 1462

text: Where permission to appropriate is granted to any municipality for any quantity of water in excess of the existing municipal needs therefor, the board may, pending the application to beneficial use of the entire appropriation permitted, issue permits for the temporary appropriation of the excess of the permitted appropriation over and above the quantity being applied to beneficial use from time to time by the municipality.


citation: WAT § 1463

text: When the municipality desires to use the additional water granted in its application it may do so upon making just compensation for the facilities for taking, conveying, and storing the additional water rendered valueless for said purposes to the person who constructed the facilities. The compensation, if not agreed upon, may be determined in the manner provided by law for determining the value of property taken by eminent domain proceedings.


citation: WAT § 1464

text: In lieu of the granting of such temporary permits for appropriation, the board may authorize the municipality to become as to such surplus a public utility, subject to the jurisdiction and control of the Public Utilities Commission of the State for such period from and after the date of the issuance of such permission to appropriate, as may be allowed for the application to municipal uses of the entire appropriation permitted.


citation: WAT § 1475

text: In any case where a reservoir has been or shall hereafter under the provisions of this division be constructed, or surveyed, laid out, and proposed to be constructed, for the storage of water for a system, which water is to be used at one or more points under appropriations of water and rights held and owned by the person owning the reservoir site and constructing the reservoir, the reservoir, appropriations, and rights shall, in the discretion of the board constitute a single enterprise and unit, and work of constructing the reservoir, or work on any one of the appropriations shall, in the discretion of the board, be sufficient to maintain and preserve all applications for appropriations and rights thereunder.

path: 2. WATER > 7. Priorities > 4. Priority of Reservoir Systems Constituting Single Unit


citation: WAT § 1480

text: An application by the Department of Water Resources, or an application by the Department of Finance prior to July 5, 1956, in aid of any general or coordinated water plan has such priority as is now or may hereafter be provided by law.

path: 2. WATER > 7. Priorities > 5. Applications in Aid of State Water Plan


citation: WAT § 1485

text:
Any municipality, governmental agency, or political subdivision operating waste disposal plants producing disposal water meeting the requirements of the appropriate regional board, and disposing of said water in the San Joaquin River may file an application for a permit to appropriate an equal amount of water, less diminution by seepage, evaporation, transpiration or other natural causes between the point of discharge and the point of recovery, downstream from said disposal plant and out of the San Joaquin River or the Sacramento-San Joaquin Delta. A permit to appropriate such amount of water may be granted by the board upon such terms and conditions as in the board’s judgment are necessary for the protection of the rights of others. Water so appropriated may be sold or utilized for any beneficial purpose. The right to the use of water granted by this section shall not include water flowing in underground streams.

The Legislature finds and declares that the problems incident to the full utilization of the waters of the San Joaquin River and the Sacramento-San Joaquin Delta into which it flows, are unique and that a general law cannot be made applicable thereto.

history: (History: Amended by Stats. 1967, Ch. 284.)

path: 2. WATER > 7. Priorities > 6. Applications by Governmental Agencies Discharging Disposal Water


citation: WAT § 1486

text:
(a) The Sacramento Regional County Sanitation District, and any successor thereto, with respect to treated wastewater produced by the sanitation district that meets the requirements of the Central Valley Regional Water Quality Control Board, as may be amended or modified, and that is discharged into the Sacramento River, may file an application for a permit to appropriate an amount of water up to the amount of treated wastewater that is discharged into the Sacramento River, less diminution by seepage, evaporation, transportation, or other natural causes between the point of discharge from its wastewater treatment plant and the point of diversion out of the Sacramento River or the Sacramento-San Joaquin Delta.

(b) Upon application for a permit to appropriate water pursuant to subdivision (a), the board may grant the permit subject to the terms and conditions as in the board’s judgment are necessary for the protection of the rights of any legal user of the water.

(c) Prior to the board granting a permit under subdivision (b), the board shall comply with the provisions of this part, and other applicable law, and may impose terms and conditions authorized thereunder.

(d) Water appropriated in accordance with this section may be sold or utilized for any beneficial purpose.

history: (History: Amended by Stats. 2012, Ch. 162, Sec. 184. (SB 1171) Effective January 1, 2013.)

article: 6. Applications by Governmental Agencies Discharging Disposal Water


citation: WAT § 1490

text: Applications or petitions for retrofit hydroelectric plants at existing dams, canals, or conduits where the streamflow regime will not be changed and where there will be no significant adverse environmental impacts shall receive expedited processing by the board. The applicant shall not be required to show a need for the power that will be generated by the plant unless protests are filed that are not resolved.

history: (History: Added by Stats. 1982, Ch. 1484, Sec. 2.)

path: 2. WATER > 7. Priorities > 7. Priority of Applications for Hydroelectric Power


citation: WAT § 1491

text: Applications for hydroelectric powerplants with a generating capacity not to exceed five megawatts, which do not impound water during times of high waterflow to be used to generate power during times of low waterflow, and which will not have any significant adverse environmental impacts shall receive expedited processing by the board. The applicant shall not be required to show a need for the power that will be generated by the plant unless protests are filed against the project that are not resolved.

article: 7. Priority of Applications for Hydroelectric Power


citation: WAT § 1525

text:
(a) Each person or entity who holds a permit or license to appropriate water, and each lessor of water leased under Chapter 1.5 (commencing with Section 1020) of Part 1, shall pay an annual fee according to a fee schedule established by the board.

(b) Each person or entity who files any of the following shall pay a fee according to a fee schedule established by the board:

(1) An application for a permit to appropriate water.

(2) A registration of appropriation for a small domestic use, small irrigation use, or livestock stockpond use.

(3) A petition for an extension of time within which to begin construction, to complete construction, or to apply the water to full beneficial use under a permit.

(4) A petition to change the point of diversion, place of use, or purpose of use, under a permit, license, or registration.

(5) A petition to change the conditions of a permit or license, requested by the permittee or licensee, that is not otherwise subject to paragraph (3) or (4).

(6) A petition to change the point of discharge, place of use, or purpose of use, of treated wastewater, requested pursuant to Section 1211.

(7) An application for approval of a water lease agreement.

(8) A request for release from priority pursuant to Section 10504.

(9) An application for an assignment of a state-filed application pursuant to Section 10504.

(10) A statement of water diversion and use pursuant to Part 5.1 (commencing with Section 5100) that reports that water was used for cannabis cultivation.

(c) (1) The board shall set the fee schedule authorized by this section so that the total amount of fees collected pursuant to this section equals that amount necessary to recover costs incurred in connection with the issuance, administration, review, monitoring, and enforcement of permits, licenses, certificates, and registrations to appropriate water, water leases, statements of water diversion and use for cannabis cultivation, and orders approving changes in point of discharge, place of use, or purpose of use of treated wastewater. The board may include, as recoverable costs, but is not limited to including, the costs incurred in reviewing applications, registrations, statements of water diversion and use for cannabis cultivation, petitions and requests, prescribing terms of permits, licenses, registrations, and change orders, enforcing and evaluating compliance with permits, licenses, certificates, registrations, change orders, and water leases, inspection, monitoring, planning, modeling, reviewing documents prepared for the purpose of regulating the diversion and use of water, applying and enforcing the prohibition set forth in Section 1052 against the unauthorized diversion or use of water subject to this division and the water diversion related provisions of Chapter 6 (commencing with Section 26060) of Division 10 of the Business and Professions Code, and the administrative costs incurred in connection with carrying out these actions.

(2) In setting the fee schedule for fees subject to subdivision (b) of Section 1433.2 and subdivision (b) of Section 1443.2, the board shall also include an amount estimated by the board, in consultation with the Department of Fish and Wildlife, necessary to recover costs incurred by the Department of Fish and Wildlife under Article 2 (commencing with Section 1433) of Chapter 6.5 and Article 2 (commencing with Section 1443) of Chapter 6.6.

(d) (1) The board shall adopt the schedule of fees authorized under this section as emergency regulations in accordance with Section 1530.

(2) For filings subject to subdivision (b), the schedule may provide for a single filing fee or for an initial filing fee followed by an annual fee, as appropriate to the type of filing involved, and may include supplemental fees for filings that have already been made but have not yet been acted upon by the board at the time the schedule of fees takes effect.

(3) The board shall set the amount of total revenue collected each year through the fees authorized by this section at an amount equal to the amounts appropriated by the Legislature for expenditure for support of water rights program activities from the Water Rights Fund established under Section 1550, taking into account the reserves in the Water Rights Fund. The board shall review and revise the fees each fiscal year as necessary to conform to the amounts appropriated. If the board determines that the revenue collected during the preceding year was greater than, or less than, the amounts appropriated, the board may further adjust the annual fees to compensate for the over or under collection of revenue.

(e) Annual fees imposed pursuant to this section for the 2003–04 fiscal year shall be assessed for the entire 2003–04 fiscal year.

history: (History: Amended by Stats. 2020, Ch. 18, Sec. 6. (AB 92) Effective June 29, 2020.)

chapter: 8. Water Right Fees

article: 1. Fee Schedules

path: 2. WATER > 8. Water Right Fees > 1. Fee Schedules


citation: WAT § 1528

text: Each person or entity who files a proof of claim under Article 4 (commencing with Section 2575) of Chapter 3 of Part 3 shall pay a fee according to a fee schedule established by the board. The board shall adopt the schedule of fees pursuant to Section 1530. The board shall establish the fees so as to be sufficient on the average to pay the administrative expenses of the board in processing, reviewing, and preparing a report on the claims submitted to the board.

history: (History: Repealed and added by Stats. 2003, Ch. 741, Sec. 85. Effective January 1, 2004.)

article: 1. Fee Schedules


citation: WAT § 1529

text: Each person or entity who files a notice pursuant to Part 5 (commencing with Section 4999) shall pay an annual fee according to a fee schedule established by the board. The board shall adopt the schedule of fees pursuant to Section 1530. The board shall set the filing fees in an amount that is sufficient, on the average, to pay the administrative expenses of the board in processing, compiling, and retaining the notices.

article: 1. Fee Schedules


text:
(a) The board shall adopt a schedule of fees pursuant to Section 1530 to recover costs incurred in administering Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6. Recoverable costs include, but are not limited to, costs incurred in connection with investigations, facilitation, monitoring, hearings, enforcement, and administrative costs in carrying out these actions.

(b) The fee schedule adopted under this section may include, but is not limited to, the following:

(1) A fee for participation as a petitioner or party to an adjudicative proceeding.

(2) A fee for the filing of a report pursuant to Part 5.2 (commencing with Section 5200) of Division 2.

(c) Consistent with Section 3 of Article XIII A of the California Constitution, the board shall set the fees under this section in an amount sufficient to cover all costs incurred and expended from the Water Rights Fund for the purposes of Part 5.2 (commencing with Section 5200) and Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6. In setting these fees, the board is not required to fully recover these costs in the year or the year immediately after the costs are incurred, but the board may provide for recovery of these costs over a period of years.

history: (History: Added by Stats. 2014, Ch. 347, Sec. 7. (AB 1739) Effective January 1, 2015.)

article: 1. Fee Schedules


citation: WAT § 1530

text:
(a) The board shall adopt, by emergency regulation, the schedules of fees authorized under this article. The emergency regulation may include provisions concerning the administration and collection of the fees. The fee schedules may be graduated in accordance with the number of diversions or the amount of water involved. The board shall periodically adjust the amount of the fees specified in the schedule in accordance with this article.

(b) The emergency regulations adopted pursuant to this section, any amendment thereto, or subsequent adjustments to the regulations, shall be adopted by the board in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the board, or any adjustment to an annual fee made by the board pursuant to this section, shall remain in effect until revised by the board.

article: 1. Fee Schedules


citation: WAT § 1535

text:
(a) Any fee subject to this chapter that is required in connection with the filing of an application, registration, request, statement, or proof of claim, other than an annual fee required after the period covered by the initial filing fee, shall be paid to the board.

(b) If a fee established under subdivision (b) of Section 1525, Section 1528, or Section 13160.1 is not paid when due, the board may cancel the application, registration, petition, request, statement, or claim, or may refer the matter to the California Department of Tax and Fee Administration for collection of the unpaid fee.

history: (History: Amended by Stats. 2025, Ch. 401, Sec. 15. (AB 1520) Effective January 1, 2026.)

article: 2. Collection and Enforcement

path: 2. WATER > 8. Water Right Fees > 2. Collection and Enforcement


citation: WAT § 1536

text: All annual fees, other than the initial filing fee required in connection with the filing of an application, registration, petition, or request, or proof of claim, and all unpaid fees and expenses referred to the California Department of Tax and Fee Administration for collection pursuant to subdivision (b) of Section 1535 or Section 2868, shall be paid to the California Department of Tax and Fee Administration.

history: (History: Amended by Stats. 2025, Ch. 401, Sec. 16. (AB 1520) Effective January 1, 2026.)

article: 2. Collection and Enforcement


citation: WAT § 1537

text:
(a) The California Department of Tax and Fee Administration shall collect any fee or expense required to be paid to the California Department of Tax and Fee Administration under this chapter.

(b) (1) The California Department of Tax and Fee Administration shall collect the fees pursuant to the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code).

(2) Notwithstanding the appeal provisions in the Fee Collection Procedures Law, a determination by the board that a person or entity is required to pay a fee, or a determination by the board regarding the amount of that fee, is subject to review under Chapter 4 (commencing with Section 1120) of Part 1 and is not subject to a petition for redetermination by the California Department of Tax and Fee Administration.

(3) Notwithstanding the refund provisions in the Fee Collection Procedures Law, the California Department of Tax and Fee Administration shall not accept any claim for refund that is based on the assertion that a determination by the board improperly or erroneously calculated the amount of a fee, or incorrectly determined that the person or entity is subject to the fee, unless that determination has been set aside by the board or a court reviewing the determination of the board.

(4) This subdivision shall not be construed to apply Chapter 4 (commencing with Section 1120) of Part 1 to the adoption of regulations under this chapter or to a determination of expenses under Part 3 (commencing with Section 2000).

(c) The board shall provide to the California Department of Tax and Fee Administration the name and address of each person or entity who is liable for a fee or expense, the amount of the fee or expense, and the due date.

history: (History: Amended by Stats. 2025, Ch. 401, Sec. 17. (AB 1520) Effective January 1, 2026.)

article: 2. Collection and Enforcement


citation: WAT § 1538

text: In any proceeding pursuant to Section 1052 in which it is determined that there has been a violation of the prohibition against the unauthorized diversion or use of water subject to this division, the board or court, as the case may be, may impose an additional liability in the amount of any annual fees that would have been required under this division if the diversion or use had been authorized by a permit or license to appropriate water.

history: (History: Added by Stats. 2003, Ch. 741, Sec. 85. Effective January 1, 2004.)

article: 2. Collection and Enforcement


citation: WAT § 1539

text: If a permit or license holder fails to pay an annual fee imposed pursuant to subdivision (a) of Section 1525 for a period of five years, the board may revoke the permit or license in accordance with the procedures for revocation specified in Section 1241.

article: 2. Collection and Enforcement


citation: WAT § 1540

text: If the board determines that the person or entity on whom a fee or expense is imposed will not pay the fee or expense based on the fact that the fee payer has sovereign immunity under Section 1560, the board may allocate the fee or expense, or an appropriate portion of the fee or expense, to persons or entities who have contracts for the delivery of water from the person or entity on whom the fee or expense was initially imposed. The allocation of the fee or expense to these contractors does not affect ownership of any permit, license, or other water right, and does not vest any equitable title in the contractors.

article: 2. Collection and Enforcement


citation: WAT § 1541

text: This article applies to any fee established or required to be paid under Article 1 (commencing with Section 1525), to any fee or expense set to cover the expenses of the board under Part 3 (commencing with Section 2000), and to any fee set under Section 13160.1 that is required to be deposited in the Water Rights Fund.

article: 2. Collection and Enforcement


citation: WAT § 1550

text: There is in the State Treasury a Water Rights Fund, which is hereby established.

article: 3. Water Rights Fund

path: 2. WATER > 8. Water Right Fees > 3. Water Rights Fund


citation: WAT § 1551

text:
All of the following shall be deposited into the Water Rights Fund:

(a) All fees, expenses, and penalties collected by the board or the California Department of Tax and Fee Administration under this chapter and Part 3 (commencing with Section 2000).

(b) All funds collected pursuant to Section 1052, Article 4 (commencing with Section 1845) of Chapter 12, or Section 5107.

(c) All fees and penalties collected pursuant to Sections 13160.1 and 13385 in connection with certificates for activities involving an appropriation of water subject to this part, hydroelectric power projects subject to licensing by the Federal Energy Regulatory Commission, or other diversions of water for beneficial use.

history: (History: Amended by Stats. 2025, Ch. 401, Sec. 18. (AB 1520) Effective January 1, 2026.)

article: 3. Water Rights Fund


citation: WAT § 1552

text:
Except as provided in subdivision (e) of Section 1058.5, moneys in the Water Rights Fund are available for expenditure, upon appropriation by the Legislature, for the following purposes:

(a) For expenditure by the California Department of Tax and Fee Administration in the administration of this chapter and the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code) in connection with any fee or expense subject to this chapter.

(b) For the payment of refunds, pursuant to Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code, of fees or expenses collected pursuant to this chapter.

(c) For expenditure by the board for the purposes of carrying out this division, Division 1 (commencing with Section 100), Part 2 (commencing with Section 10500) and Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, and the water diversion related provisions of Chapter 6 (commencing with Section 26060) of Division 10 of the Business and Professions Code.

(d) For expenditures by the board for the purposes of carrying out Sections 13160 and 13160.1 in connection with activities involving hydroelectric power projects subject to licensing by the Federal Energy Regulatory Commission.

(e) For expenditures by the board for the purposes of carrying out Sections 13140 and 13170 in connection with plans and policies that address the diversion or use of water.

(f) For expenditures by the Department of Fish and Wildlife for purposes of carrying out Article 2 (commencing with Section 1433) of Chapter 6.5 and Article 2 (commencing with Section 1443) of Chapter 6.6, consistent with the amounts estimated under paragraph (2) of subdivision (c) of Section 1525.

history: (History: Amended by Stats. 2020, Ch. 18, Sec. 7. (AB 92) Effective June 29, 2020.)

article: 3. Water Rights Fund


citation: WAT § 1560

text:
(a) The fees and expenses established under this chapter and Part 3 (commencing with Section 2000) apply to the United States and to Indian tribes, to the extent authorized under federal or tribal law.

(b) If the United States or an Indian tribe declines to pay a fee or expense, or the board determines that the United States or the Indian tribe is likely to decline to pay a fee or expense, the board may do any of the following:

(1) Initiate appropriate action to collect the fee or expense, including any appropriate enforcement action for failure to pay the fee or expense, if the board determines that federal or tribal law authorizes collection of the fee or expense.

(2) Allocate the fee or expense, or an appropriate portion of the fee or expense, in accordance with Section 1540. The board may make this allocation as part of the emergency regulations adopted pursuant to Section 1530.

(3) Enter into a contractual arrangement that requires the United States or the Indian tribe to reimburse the board, in whole or in part, for the services furnished by the board, either directly or indirectly, in connection with the activity for which the fee or expense is imposed.

(4) Refuse to process any application, registration, petition, request, or proof of claim for which the fee or expense is not paid, if the board determines that refusal would not be inconsistent with federal law or the public interest.

article: 4. Sovereign Immunity

path: 2. WATER > 8. Water Right Fees > 4. Sovereign Immunity


citation: WAT § 1600

text: Immediately upon completion of the construction of works and application of the water to beneficial use the permittee shall report the completion to the board.

history: (History: Amended by Stats. 1963, Ch. 289.)

chapter: 9. Licenses

article: 1. Report of Completion

path: 2. WATER > 9. Licenses > 1. Report of Completion


citation: WAT § 1605

text: The board shall as soon as practicable after receiving the report of completion cause to be made a full inspection and examination of the works constructed and the use of water therefrom. The permittee shall furnish the board with such records, data, and information as may be required to enable the board to determine the amount of water that has been applied to beneficial use and whether the construction of the works and the use of the water therefrom is in conformity with law, the rules and regulations of the board, and the permit.

article: 2. Examination and Inspection

path: 2. WATER > 9. Licenses > 2. Examination and Inspection


citation: WAT § 1610

text: If the determination of the board as to completion is favorable to the permittee, the board shall issue a license which confirms the right to the appropriation of such an amount of water as has been determined to have been applied to beneficial use.

article: 3. Issuance or Refusal of License

path: 2. WATER > 9. Licenses > 3. Issuance or Refusal of License


text: Before issuing a license for an amount of water or season of use less than that specified in the permit, the board shall either obtain the consent of the permittee or afford him an opportunity to (a) show cause why the amount or season of use should not be reduced or, (b) request an extension of time pursuant to Section 1398.

history: (History: Added by Stats. 1963, Ch. 289.)

article: 3. Issuance or Refusal of License


citation: WAT § 1611

text: If the board determines that the construction and condition of the works or the use of water therefrom are not in conformity with the law, the rules and regulations of the board, or the terms of the permit, it may revoke the permit in the manner provided in Article 5 (commencing with Section 1410) of Chapter 6 of this part. The board may in its discretion allow a reasonable time for the permittee to correct discrepancies in the works or use of water before taking action to revoke the permit.

article: 3. Issuance or Refusal of License


citation: WAT § 1625

text: Each license shall be in such form and contain such terms as may be prescribed by the board.

history: (History: Amended by Stats. 1957, Ch. 1932.)

article: 5. Contents and Conditions of License

path: 2. WATER > 9. Licenses > 5. Contents and Conditions of License


citation: WAT § 1626

text: All licenses shall be under the terms and conditions of this division.

article: 5. Contents and Conditions of License


citation: WAT § 1627

text: A license shall be effective for such time as the water actually appropriated under it is used for a useful and beneficial purpose in conformity with this division but no longer.

article: 5. Contents and Conditions of License


citation: WAT § 1628

text: Every license shall include the enumeration of conditions therein which in substance shall include all of the provisions of this article and the statement that any appropriator of water to whom a license is issued takes the license subject to the conditions therein expressed.

article: 5. Contents and Conditions of License


citation: WAT § 1629

text: Every licensee, if he accepts a license, does so under the conditions precedent that no value whatsoever in excess of the actual amount paid to the State therefor shall at any time be assigned to or claimed for any license granted or issued under the provisions of this division, or for any rights granted or acquired under the provisions of this division, in respect to the regulation by any competent public authority of the services or the price of the services to be rendered by any licensee or by the holder of any rights granted or acquired under the provisions of this division or in respect to any valuation for purposes of sale to or purchase, whether through condemnation proceedings or otherwise, by the State or any city, city and county, municipal water district, irrigation district, lighting district, or any political subdivision of the State, of the rights and property of any licensee, or the possessor of any rights granted, issued, or acquired under the provisions of this division.

article: 5. Contents and Conditions of License


citation: WAT § 1630

text: At any time after the expiration of twenty years after the granting of a license, the State or any city, city and county, municipal water district, irrigation district, lighting district, or any political subdivision of the State shall have the right to purchase the works and property occupied and used under the license and the works built or constructed for the enjoyment of the rights granted under the license.

article: 5. Contents and Conditions of License


citation: WAT § 1631

text: In the event that the State, or any city, city and county, municipal water district, irrigation district, lighting district, or political subdivision of the State so desiring to purchase and the owner of the works and property can not agree upon the purchase price, the price shall be determined in such manner as is now or may hereafter be provided by law for determining the value of property taken in eminent domain proceedings.

article: 5. Contents and Conditions of License


citation: WAT § 1650

text: A true copy of each license issued or of each order modifying or changing a license shall within 30 days after issuance thereof be recorded by the board in the office of the recorder of the county in which the point of diversion specified in the license lies or in case there are points of diversion lying in more than one county then in each of those counties in which a point of diversion lies and in case the place or places of use specified in the license are in different counties than the point or points of diversion also in the county or counties in which the place or places of use lie.

history: (History: Amended by Stats. 1959, Ch. 51.)

path: 2. WATER > 9. Licenses > 6. Filing of Licenses and Orders with County Recorder


citation: WAT § 1651

text: Whenever an order revoking a license in whole or in part becomes final a true copy of the order shall be recorded promptly by the board in the office or offices in which a copy of the license affected is recorded.

article: 6. Filing of Licenses and Orders with County Recorder


citation: WAT § 1675

text:
(a) If, at any time after a license is issued, the board finds that the licensee has not put the water granted under the license to a useful or beneficial purpose in conformity with this division or that the licensee has ceased to put the water to that useful or beneficial purpose, or that the licensee has failed to observe any of the terms and conditions in the license, the board may revoke the license and declare the water to be subject to appropriation in accordance with this part.

(b) The board may revoke the license upon request of the licensee or after due notice to the licensee and after a hearing, when a hearing is requested by the licensee pursuant to Section 1675.1.

(c) As used in this section “licensee” includes the heirs, successors, or assigns of the licensee.

history: (History: Amended by Stats. 2010, Ch. 288, Sec. 14. (SB 1169) Effective January 1, 2011.)

article: 7. Revocation of Licenses

path: 2. WATER > 9. Licenses > 7. Revocation of Licenses


text:
The notice of proposed revocation of the license pursuant to Section 1675 shall contain a statement of facts and information upon which the proposed revocation is based, and shall include a statement substantially in the following form:

Unless a written request for a hearing signed by or on behalf of the licensee is delivered or mailed to the board within 15 days after receipt of this notice, the board may act upon the proposed revocation of the license without a hearing. Any request for a hearing may be made by delivering or mailing the request to the board at the address given on the notice.

history: (History: Added by Stats. 1971, Ch. 794.)

article: 7. Revocation of Licenses


text: In any case when a license is revoked without a hearing, as provided in Section 1675.1, the licensee, within 90 days of the date of the order of revocation, may file with the board a request to set aside the revocation, and the board, for good cause shown, may reinstate the license.

article: 7. Revocation of Licenses


citation: WAT § 1700

text: Water appropriated under the Water Commission Act or this code for one specific purpose shall not be deemed to be appropriated for any other or different purpose, but the purpose of the use of such water may be changed as provided in this code.

history: (History: Enacted by Stats. 1943, Ch. 368.)

path: 2. WATER > 10. Change to an Application, Permit, or License


text: At any time after notice of an application is given, an applicant, permittee, or licensee may change the point of diversion, place of use, purpose of use, or any other provision or condition from that specified in the application, permit, or license; but that change may be made only upon permission of the board.

history: (History: Added by renumbering Section 1701 by Stats. 2025, Ch. 401, Sec. 19. (AB 1520) Effective January 1, 2026.)

chapter: 10. Change to an Application, Permit, or License


text:
(a) After notice of an application is given, the board may make a minor change to the application without requiring the filing of a petition for change if the board finds all of the following:

(1) The change does not enlarge or increase the authorized rate, amount, or season of diversion.

(2) The change does not increase the total area subject to inundation by water diverted to storage or the area where facilities will be constructed.

(3) The change is not substantial or constitutes a reduction, agreed to by the applicant, in the authorized diversion, affected area, or other feature of the application.

(4) The change does not have the potential to adversely affect the water supply of other legal users of water or instream beneficial uses.

(b) (1) A minor change under this section may be initiated by the applicant or, with the applicant’s consent, the board. The board may obtain the applicant’s consent informally through an oral conversation or other informal means, but promptly shall confirm that consent by mail or electronic mail directed to the applicant.

(2) Before making a minor change under this section, the board shall provide notice as described in paragraph (3) and allow at least 15 days for public comment.

(3) The board shall provide notice by mail or electronic mail to the applicant and any person who has filed a protest against the application and shall post notice on its internet website.

history: (History: Added by Stats. 2019, Ch. 255, Sec. 2. (SB 779) Effective January 1, 2020.)


text:
(a) The board may make a minor change to a permit or license without requiring the filing of a petition for change if the board finds all of the following:

(1) The change involves a minor adjustment of the point of diversion, place of use, or purpose of use.

(2) The change will not result in an increase in consumptive use.

(3) The change does not have the potential to adversely affect the water supply of other legal users of water or instream beneficial uses.

(b) (1) A minor change under this section may be initiated by the permittee or licensee or, with the permittee’s or licensee’s consent, the board. The board may obtain the permittee’s or licensee’s consent informally through an oral conversation or other informal means, but promptly shall confirm that consent in mail or electronic mail directed to the permittee or licensee.

(2) Before making a minor change under this section, the board shall provide notice as described in paragraph (3) and allow at least 15 days for public comment.

(3) The board shall provide notice by mail or electronic mail to the permittee or licensee and any person who has filed a comment concerning the proposed minor change and shall post notice on its internet website.

(c) For purposes of this section, a “minor change” means a change in the permit or license that will not in effect initiate a new appropriative right and will meet the requirements of subdivision (a).

history: (History: Added by Stats. 2019, Ch. 255, Sec. 3. (SB 779) Effective January 1, 2020.)


text:
A petition for change filed after notice of an application shall meet all of the following requirements:

(a) State the name and address of the petitioner.

(b) Be signed by the petitioner, or the petitioner’s agent or attorney.

(c) Set forth amendments to the application or an amended application reflecting the proposed change, including any information necessary for the amended application to comply with Section 1260.

(d) Include sufficient information to demonstrate a reasonable likelihood that the proposed change will not injure any other legal user of water.

(e) Contain other appropriate information and be in the form required by applicable regulations.

history: (History: Added by Stats. 2001, Ch. 315, Sec. 6. Effective January 1, 2002.)


text:
A petition for change in a permit or license shall meet all of the following requirements:

(a) State the name and address of the petitioner.

(b) Be signed by the petitioner, or the petitioner’s agent or attorney.

(c) Include all information reasonably available to the petitioner, or that can be obtained from the Department of Fish and Wildlife, concerning the extent, if any, to which fish and wildlife would be affected by the change, and a statement of any measures proposed to be taken for the protection of fish and wildlife in connection with the change.

(d) Include sufficient information to demonstrate a reasonable likelihood that the proposed change will not injure any other legal user of water.

(e) Contain other appropriate information and be in the form required by applicable regulations.

history: (History: Amended by Stats. 2015, Ch. 683, Sec. 57. (SB 798) Effective January 1, 2016.)


text:
(a) After a petition is filed, the board may request additional information reasonably necessary to clarify, amplify, correct, or otherwise supplement the information required to be submitted under this chapter. The board shall provide a reasonable period for submitting the information.

(b) The additional information may include, but need not be limited to, any of the following:

(1) Information needed to demonstrate that the change will not injure any other legal user of water.

(2) Information needed to demonstrate that the change will comply with any applicable requirements of the Fish and Game Code or the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).

(3) Information needed to comply with Division 13 (commencing with Section 21000) of the Public Resources Code.

history: (History: Amended by Stats. 2010, Ch. 288, Sec. 15. (SB 1169) Effective January 1, 2011.)


text: If, within the period provided, the petitioner does not provide the information requested pursuant to Section 1701.3, the board shall cancel the petition, unless, for good cause shown, the board allows additional time to submit the requested information.

history: (History: Added by Stats. 2001, Ch. 315, Sec. 9. Effective January 1, 2002.)


citation: WAT § 1702

text: Before permission to make such a change is granted the petitioner shall establish, to the satisfaction of the board, and it shall find, that the change will not operate to the injury of any legal user of the water involved.


citation: WAT § 1703

text: After filing a petition for permission to make a change, the petitioner, in case the board so requires, shall cause notice thereof to be given or published in the manner prescribed by the board. In all cases the petitioner shall notify the Department of Fish and Wildlife in writing of the proposed change.

history: (History: Amended by Stats. 2015, Ch. 683, Sec. 58. (SB 798) Effective January 1, 2016.)


text: Any interested person, within the time allowed in the notice of petition, or within the time the board may allow for good cause shown, may file with the board a written protest against approval of the petition.

history: (History: Added by Stats. 2001, Ch. 315, Sec. 10. Effective January 1, 2002.)


text:
The protest shall meet all of the following requirements:

(a) State the name and address of the protestant.

(b) Be signed by the protestant, or the protestant’s agent or attorney.

(c) Clearly and specifically set forth the protestant’s objections to the approval of the petition, and state the bases for these objections.

(d) Contain other appropriate information and be in the form required by applicable regulations.

(e) Be served on the petitioner by the protestant by mailing a duplicate copy of the protest to the petitioner or through service undertaken in another manner determined to be adequate by the board.

history: (History: Added by Stats. 2001, Ch. 315, Sec. 11. Effective January 1, 2002.)


text: The board may request from the protestant additional information reasonably necessary to clarify, amplify, correct, or otherwise supplement the information required to be submitted pursuant to Section 1703.2. The board shall provide a reasonable period for submitting the information, and may allow additional time for good cause shown.

history: (History: Added by Stats. 2001, Ch. 315, Sec. 12. Effective January 1, 2002.)


text: The protestant and the petitioner shall make a good faith effort to resolve the protest not later than 180 days from the date the period provided pursuant to Section 1703.1 expires. For good cause, the board may allow additional time for the protestant and the petitioner to attempt to resolve the protest.

history: (History: Added by Stats. 2001, Ch. 315, Sec. 13. Effective January 1, 2002.)


text: The board may request from the protestant or the petitioner additional information that the board determines is reasonably necessary to attempt to resolve the protest. The board shall provide a reasonable period for submitting the information, and may allow additional time for good cause shown.

history: (History: Added by Stats. 2001, Ch. 315, Sec. 14. Effective January 1, 2002.)


text:
(a) The board may cancel a protest or petition for failure to provide information requested by the board under this chapter within the period provided.

(b) Except as provided in subdivisions (c) and (d), the board shall not cancel a protest for failure to submit information not in the possession or under the control of the protestant if the protest meets the requirements of Section 1703.2 and the petitioner is or could be required to submit the information under Section 1701.1, 1701.2, or 1701.3.

(c) If a protest is based on injury to a legal user of water, the board may cancel the protest if the protestant fails to submit any of the following information requested by the board:

(1) Information that the protestant is required to submit to the board to comply with Part 5.1 (commencing with Section 5100) during any period after the protest is filed.

(2) Information that is reasonably necessary to determine if the protestant is a legal user of water.

(3) Information concerning the protestant’s historical, current, or proposed future diversion and use of water that is reasonably necessary to determine if the proposed change will result in injury to the protestant’s exercise of its water right or other legal use of water.

(d) If the protest is based on an allegation other than injury to a legal user of water, the board may cancel the protest for failure to submit information requested by the board if the board determines both of the following:

(1) The public review period has expired for any draft environmental document or negative declaration required to be circulated for public review and comment pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.

(2) In the absence of the requested information, there is no substantial evidence in light of the whole record to support the allegation.

(e) If a protest is subject to both subdivisions (c) and (d), the part of the protest subject to subdivision (c) may be canceled pursuant to subdivision (c) and the part of the protest subject to subdivision (d) may be canceled pursuant to subdivision (d).

history: (History: Amended by Stats. 2010, Ch. 288, Sec. 16. (SB 1169) Effective January 1, 2011.)


citation: WAT § 1704

text:
(a) The board, after a hearing, may approve with conditions, or deny, a petition.

(b) Notice of hearing shall be given by mailing the notice not less than 20 days before the date of hearing to the petitioner and to any protestant by registered mail.

(c) (1) The board may, but is not required to, hold a hearing prior to approving an unprotested petition.

(2) The board may, but is not required to, hold a hearing if the board determines that undisputed facts support the approval of the petition and there is no disputed issue of material fact.

(3) The board may, but is not required to, hold a hearing prior to denying a petition, if, after notice, the board determines that the petition is defective, the petition fails to provide information requested by the board, or undisputed facts support the denial of the petition and there is no disputed issue of material fact.

history: (History: Amended by Stats. 2001, Ch. 315, Sec. 16. Effective January 1, 2002.)


text: The Division of Water Rights shall conduct a field investigation of all minor protested petitions for change. The board shall notify the parties of the field investigation not less than 20 days prior to conducting the field investigation, to enable the parties to attend and present information to the board.

history: (History: Amended by Stats. 1997, Ch. 323, Sec. 17. Effective January 1, 1998.)


text: The Division of Water Rights may request the parties to submit information in support of their positions. The Division of Water Rights may request information before, during, or after the field investigation. After the field investigation, the Division of Water Rights may conduct additional proceedings in accordance with Article 10 (commencing with Section 11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code.

history: (History: Repealed and added by Stats. 1997, Ch. 323, Sec. 19. Effective January 1, 1998.)


text: Based upon the field investigation and any other information obtained under this chapter, the Division of Water Rights shall issue an order acting on the minor petition for change unless the board in its discretion determines that additional proceedings should be conducted under Section 183. An order of the Division of Water Rights is subject to review as provided in Chapter 4 (commencing with Section 1120) of Part 1.

history: (History: Repealed and added by Stats. 1997, Ch. 323, Sec. 21. Effective January 1, 1998.)


text:
For purposes of this chapter, a minor petition for change means either of the following:

(a) Any petition which does not involve direct diversions in excess of three cubic-feet per second or storage in excess of 200 acre-feet per year.

(b) A petition for change by a groundwater sustainability agency or local agency, as defined in Section 10721, for a change previously authorized by a temporary change under Article 2 (commencing with Section 1443) of Chapter 6.6.

history: (History: Amended by Stats. 2019, Ch. 678, Sec. 16. (AB 658) Effective January 1, 2020.)


citation: WAT § 1705

text: After the hearing, the board shall grant or refuse, as the facts warrant, permission to change the point of diversion, place of use, purpose of use, or any other provision or condition.

history: (History: Amended by Stats. 2019, Ch. 255, Sec. 4. (SB 779) Effective January 1, 2020.)


citation: WAT § 1706

text: The person entitled to the use of water by virtue of an appropriation other than under the Water Commission Act or this code may change the point of diversion, place of use, or purpose of use if others are not injured by such change, and may extend the ditch, flume, pipe, or aqueduct by which the diversion is made to places beyond that where the first use was made.

history: (History: Enacted by Stats. 1943, Ch. 368.)


citation: WAT § 1707

text:
(a) (1) Any person entitled to the use of water, whether based upon an appropriative, riparian, or other right, may petition the board pursuant to this chapter, Chapter 6.6 (commencing with Section 1435) or Chapter 10.5 (commencing with Section 1725) for a change for purposes of preserving or enhancing wetlands habitat, fish and wildlife resources, or recreation in, or on, the water.

(2) The petition may be submitted for any of the purposes described in paragraph (1) and may, but is not required to, be submitted in combination with a petition to make any other change authorized pursuant to this part. The petition shall specify the time, location, and scope of the requested change, and other relevant information relating thereto.

(b) The board may approve the petition filed pursuant to subdivision (a), subject to any terms and conditions which, in the board’s judgment, will best develop, conserve, and utilize, in the public interest, the water proposed to be used as part of the change, whether or not the proposed use involves a diversion of water, if the board determines that the proposed change meets all of the following requirements:

(1) Will not increase the amount of water the person is entitled to use.

(2) Will not unreasonably affect any legal user of water.

(3) Otherwise meets the requirements of this division.

(c) (1) Upon the request of the petitioner, the board may specify, as part of its approval of the petition, that the water that is subject to the approval pursuant to this section shall be in addition to water that is required, if any, to be used for instream purposes to satisfy any applicable federal, state, or local regulatory requirements governing water quantity, water quality, instream flows, fish and wildlife, wetlands, recreation, and other instream beneficial uses. If the request is approved by the board, state and local agencies, as well as the courts, shall not credit the water subject to that petition towards compliance with any of the regulatory requirements described in this subdivision. A federal agency shall comply with the requirement imposed by this paragraph to the extent required by federal law, or to the extent that it chooses to comply.

(2) For the purposes of this subdivision, “requirements” includes requirements or obligations that have not been formally established or allocated at the time of the petition, and obligations under any agreement entered into to meet those requirements. Neither any petition filed pursuant to this section nor any documents or statements made in connection therewith shall be construed or used as an admission, evidence, or indication of any obligation to meet any of the requirements described in this subdivision.

(d) Except as provided in subdivision (c), water that is subject to a petition granted pursuant to this section shall be used to meet, in whole or in part, any requirement described in subdivision (c) if any of these requirements exist. The water shall be credited to the petitioner, or to any other person or entity designated by the petitioner, whenever that person or entity has, or may have, obligations to meet one or more of the requirements described in subdivision (c). The water shall be credited towards compliance with any requirements described in subdivision (c), by state and local agencies, as well as the courts. A federal agency shall comply with the requirement imposed by this subdivision to the extent required by federal law, or to the extent that it chooses to comply.

history: (History: Amended by Stats. 1999, Ch. 938, Sec. 7. Effective January 1, 2000.)


citation: WAT § 1725

text:
(a) A permittee or licensee may temporarily change the point of diversion, place of use, or purpose of use due to a transfer or exchange of water or water rights if the transfer would only involve the amount of water that would have been consumptively used or stored by the permittee or licensee in the absence of the proposed temporary change, would not injure any legal user of the water, and would not unreasonably affect fish, wildlife, or other instream beneficial uses.

(b) The provisions of this article applicable to a permittee or licensee proposing a temporary change apply to a person entitled to the use of water who proposes pursuant to this article a temporary change under Section 1707 and the temporary change shall be deemed a transfer of water or water rights.

history: (History: Amended by Stats. 2022, Ch. 675, Sec. 2. (AB 2895) Effective January 1, 2023.)

article: 1. Temporary Changes

path: 2. WATER > 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water > 1. Temporary Changes


text:
For purposes of this article, the following definitions apply:

(a) “Consumptively used” means the amount of water that has been consumed through use by evapotranspiration, has percolated underground, or has been otherwise removed from use in the downstream water supply as a result of direct diversion.

(b) “Temporary change” means a change involving a transfer of water or water rights for a period of one year or less. The one-year period does not include any time required for monitoring, reporting, or mitigation before or after the temporary change is carried out. If, within a period of one year or less, the water involved in the temporary change is moved to offstream storage outside of the watershed where the water originated, the change shall be considered a temporary change, and the water moved to offstream storage outside the watershed where the water originated may be put to beneficial use in the place of use and for the purposes of use specified in the board’s order approving the temporary change either during or after that period.

(c) “Transfer” includes an exchange of water or water rights.

history: (History: Added by Stats. 2022, Ch. 675, Sec. 3. (AB 2895) Effective January 1, 2023.)

chapter: 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water

article: 1. Temporary Changes


citation: WAT § 1726

text:
(a) (1) A permittee or licensee who proposes a temporary change shall submit to the board a petition to change the terms of the permit or license as required to accomplish the proposed temporary change. The petition for a temporary change shall be filed by the permittee or licensee. If the proposed temporary change is for the benefit of a contractor or user supplied directly or indirectly by the permittee or licensee, the permittee or licensee may authorize the contractor or user to participate as a copetitioner. The permittee or licensee shall identify any copetitioner in the petition.

(2) A contractor or user described in paragraph (1), whether or not designated as a copetitioner, and the person to whom the water is proposed to be transferred, shall be named as parties to the proceeding, with the same rights to receive notices, respond to board determinations, and petition for writ of mandate as the petitioner.

(b) In order to be complete, a petition shall include both of the following:

(1) Reference to the permit or license, or to the water right proposed to be changed under Section 1707, that serves as the basis for the water transfer.

(2) A written description of the changes, including, but not limited to, changes in timing, in water storage, in point of diversion, in place and purpose of use, in point of return flow, in water quality, or in instream flows, that are likely to occur as a result of the proposed temporary change.

(c) A petitioner shall provide a copy of the complete petition to the Department of Fish and Wildlife, the board of supervisors of the county or counties in which the petitioner currently stores or uses the water subject to the petition, and the board of supervisors of the county or counties to which the water is proposed to be transferred.

(d) The board shall, in a timely manner, provide to the petitioner a list of water right holders of record on file with the board who may be affected by the transfer, and the petitioner shall provide written notice to those water right holders not later than 10 days after the date on which the complete petition is submitted. The board shall post the notice of petition on its internet website not later than 10 days after the date on which the complete petition is submitted. The notice of the petition shall specify the date on which comments are due. The board may impose on the petitioner any other notice requirement it determines to be necessary.

(e) Within 10 days of the date of receipt of a complete petition, the board shall commence an investigation of the proposed temporary change. Pursuant to that investigation, the board shall determine if the water proposed to be transferred would have been consumptively used or stored pursuant to the petitioner’s permit or license in the absence of the proposed transfer or conserved pursuant to Section 1011. The board also shall evaluate the changes, including, but not limited to, changes in timing, in water storage, in point of diversion, in place and purpose of use, in point of return flow, in water quality, or in instream flows, that are likely to occur as a result of the proposed temporary change.

(f) Water users that may be affected by a proposed temporary change and any other interested party may file a written comment regarding a petition with the board. Comments shall be filed not later than 30 days after the date that the notice was provided pursuant to subdivision (d). The board shall evaluate and take into consideration all comments that are filed in a timely manner.

(g) (1) Except as specified in paragraphs (2), (3), and (4), the board shall render a decision on the petition not later than 35 days after the date that investigation commenced or the date that the notice was distributed, whichever is later. The board’s decision shall be in accordance with the substantive standards set forth in Section 1728. The board shall explain its decision in writing and shall send copies of the decision to the petitioner, the Department of Fish and Wildlife, the board of supervisors of the county or counties described in subdivision (c), the proposed transferee, and any party who has filed a written comment in accordance with subdivision (f).

(2) If comments are filed in accordance with subdivision (f), or for any other good cause, the board may extend the date of its decision for up to 20 days.

(3) If the board or the petitioner determines that an additional extension of time for a decision is necessary for the board to make the findings required by Section 1728, the board may extend the time for a decision with the consent of the petitioner.

(4) If the board or the petitioner determines before the deadline for issuing a decision under paragraph (1), (2), or (3), as applicable, that a hearing is necessary, the board shall identify the issues for which additional evidence is required and shall fix a time and place for the hearing not later than 45 days after the board determines that a hearing is necessary. The board shall provide notice of the time, place, and subject matter of the hearing to the petitioner, the Department of Fish and Wildlife, the board of supervisors of the county or counties described in subdivision (c), the water right holders of record identified pursuant to subdivision (d), the proposed transferee, and any party who has filed a written comment in accordance with subdivision (f). The board shall issue a decision on the petition within 60 days after the matter is submitted. The board may extend the deadlines under this paragraph with the consent of the petitioner.

history: (History: Amended by Stats. 2022, Ch. 675, Sec. 4. (AB 2895) Effective January 1, 2023.)

article: 1. Temporary Changes


citation: WAT § 1727

text:
(a) This section applies to a petition for temporary change for which notice is provided to the board under this section no later than January 31 of the year in which the transfer will be initiated.

(b) A permittee or licensee considering a temporary change may provide notice to the board as provided in this section. The notice shall be in a form required by the board and shall include all of the following:

(1) The permit or license number, or the water right proposed to be changed under Section 1707, being considered for a temporary change.

(2) The method by which water will be made available for the transfer.

(3) An email address to which interested parties or the board may submit inquiries regarding the potential temporary change.

(c) By February 15 of each year, the board shall post on its internet website and disseminate by email LISTSERV a list of all timely and complete notices for which notice is filed under this section.

(d) By March 1 of each year, an interested person may request notice of a petition submitted under Section 1726 by submitting to the board that person’s email address, the permit or license, or water right to be changed under Section 1707, for which the interested person requests notice of a petition for temporary change, and the concerns related to effects on other legal users, fish, wildlife, instream beneficial uses, or groundwater conditions the person may raise in comments on the petition. The board shall forward to the permittee or licensee considering the temporary change any concerns received from interested persons under this subdivision.

(e) After submittal of a complete petition for which notice is provided under this section, the board shall provide notice of the petition by sending a copy to all persons who submitted complete requests under subdivision (d), posting the petition on its internet website, and disseminating the petition by email LISTSERV. Any interested party may file a written comment on the petition not later than 30 days after submittal of a complete petition.

(f) The board shall issue a decision within 35 days after submittal of a complete petition for which notice is provided under this section. If comments are filed in accordance with subdivision (f), or for any other good cause, the board may extend the date of its decision for up to 20 days. If the board or the petitioner determines that an additional extension of time for a decision is necessary for the board to make the findings required by Section 1728, or that a hearing is necessary for the board to make those findings, the board may extend the time for a decision with the consent of the petitioner.

history: (History: Added by Stats. 2022, Ch. 675, Sec. 6. (AB 2895) Effective January 1, 2023.)

article: 1. Temporary Changes