citation: WAT § 1206

text:
(a) From and after the date of adoption of a declaration that a stream system is fully appropriated, and subject to subdivision (b), the board shall not accept for filing any application for a permit to appropriate water from the stream system described in that declaration, and the board may cancel any application pending on that date.

(b) Notwithstanding subdivision (a), the board may provide, in any declaration that a stream system is fully appropriated, for acceptance for filing of applications to appropriate water under specified conditions. Any provision to that effect shall specify the conditions and may contain application limitations, including, but not limited to, limitations on the purpose of use, on the instantaneous rate of diversion, on the season of diversion, and on the amount of water which may be diverted annually. The board may make those limitations applicable to individual applications to appropriate water, or to the aggregate of the applications, or to both.

(c) Subdivision (a) shall not apply to applications for temporary permits made pursuant to Chapter 6.5 (commencing with Section 1425) or to any provision of this code respecting change in point of diversion, place of use, or purpose of use.

article: 1.3. Declaration of Fully Appropriated Stream System


kind: section

code: WAT

citation: WAT § 1207

text:
Notice of hearing pursuant to this article shall be given as follows:

(a) The notice shall be published at least once a week for four consecutive weeks in one or more newspapers of general circulation published in each county in which any part of the stream system is situated, and publication shall be complete at least 60 days prior to the date of hearing.

(b) At least 60 days prior to the date of the hearing, the notice shall be mailed to all persons known to the board who own land that appears to be riparian to the stream system, who divert water from the stream system, or who have made written request to the board for special notice of hearing pursuant to this article.

history: (History: Added by Stats. 1987, Ch. 788, Sec. 1.)

division: 2. WATER

chapter: 1. General Provisions

path: 2. WATER > 1. General Provisions > 1.3. Declaration of Fully Appropriated Stream System


citation: WAT § 1210

text:
The owner of a waste water treatment plant operated for the purpose of treating wastes from a sanitary sewer system shall hold the exclusive right to the treated waste water as against anyone who has supplied the water discharged into the waste water collection and treatment system, including a person using water under a water service contract, unless otherwise provided by agreement.

Nothing in this article shall affect the treatment plant owner’s obligations to any legal user of the discharged treated waste water.

Nothing in this article is intended to interfere with the regulatory authority of the board or any California regional water quality control board under Division 7 (commencing with Section 13000).

history: (History: Added by Stats. 1980, Ch. 933, Sec. 4.)

article: 1.5. Treated Waste Water

path: 2. WATER > 1. General Provisions > 1.5. Treated Waste Water


citation: WAT § 1211

text:
(a) Prior to making any change in the point of discharge, place of use, or purpose of use of treated wastewater, the owner of any wastewater treatment plant shall obtain approval of the board for that change. The board shall review the changes pursuant to the provisions of Chapter 10 (commencing with Section 1700) of Part 2 of Division 2.

(b) Subdivision (a) does not apply to changes in the discharge or use of treated wastewater that do not result in decreasing the flow in any portion of a watercourse.

history: (History: Amended by Stats. 2001, Ch. 315, Sec. 5. Effective January 1, 2002.)

article: 1.5. Treated Waste Water


citation: WAT § 1212

text: The board shall not grant any permit or license to any person other than the treated waste water producer for the appropriation of treated waste water where the producer has introduced such water into the watercourse with the prior stated intention of maintaining or enhancing fishery, wildlife, recreational, or other instream beneficial uses. Holders of existing water rights may not use or claim such water.

article: 1.5. Treated Waste Water


citation: WAT § 1215

text: This article shall only apply to a water supplier exporting or intending to export water for use outside a protected area pursuant to applications to appropriate surface water filed, or groundwater appropriations initiated, after January 1, 1985, that are not subject to Section 11460.

history: (History: Added by Stats. 1984, Ch. 1655, Sec. 2.)

article: 1.7. Areas of Origin

path: 2. WATER > 1. General Provisions > 1.7. Areas of Origin


text:
(a) For the purposes of this article, “protected area”, means all of lands which normally drain to the ocean, to a hydraulic sink, or to another state within any of the following, and only the following, river systems:

(1) The Sacramento River System.

(2) The Mokelumne River System.

(3) The Calaveras River System.

(4) The San Joaquin River System.

(5) The Mono Lake System.

(6) The combined Truckee, Walker, and Carson River Systems.

(7) The combined river systems which drain to the ocean from and including the Russian River System northward to the California-Oregon border.

(b) The confluences of the Sacramento, Mokelumne, Calaveras, and San Joaquin River Systems are within the delta, as defined in Section 12220, and the delta shall be considered to be within each of these protected areas.

article: 1.7. Areas of Origin


text: For the purposes of this article, “water user or users” within a protected area means an appropriator or appropriators, a riparian user or users, or a groundwater user or users of water on land owned or controlled by them within a protected area.

article: 1.7. Areas of Origin


citation: WAT § 1216

text: A protected area shall not be deprived directly or indirectly of the prior right to all the water reasonably required to adequately supply the beneficial needs of the protected area, or any of the inhabitants or property owners therein, by a water supplier exporting or intending to export water for use outside a protected area pursuant to applications to appropriate surface water filed, or groundwater appropriations initiated, after January 1, 1985, that are not subject to Section 11460.

article: 1.7. Areas of Origin


citation: WAT § 1217

text:
(a) In addition to the right to obtain a water right which would have priority over the rights of an exporter, water users in a protected area shall have the right to purchase, for adequate compensation, water made available by the construction of any works by a water supplier exporting or intending to export water for use outside the protected area. Nothing in this section shall be construed to authorize export of water from a protected area to which users within the protected area are otherwise entitled, nor to require users within a protected area to pay for water to which they are otherwise entitled.

(b) At the request of a water user or users within a protected area, a water supplier exporting or intending to export water for use outside the protected area who is subject to Section 1216 shall meet and negotiate in good faith for the purpose of entering into contracts for the purchase of water as provided in subdivision (a).

(c) Any water user or users in a protected area may bring an action in the superior court to require compliance with the duty to meet and negotiate in good faith pursuant to this section. The court may issue a temporary restraining order, preliminary injunction, or permanent injunction, as appropriate, to secure compliance with this section.

(d) The meetings and negotiations required by this section may occur between the water supplier exporting water for use outside a protected area and any water user or users in a protected area, as determined appropriate by the parties. The meetings and negotiations shall not be subject to the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code or Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code.

(e) Nothing in this section shall be construed as a limitation on the authority of the board to establish water quality standards or to subject water right entitlements to terms and conditions for the protection of reasonable and beneficial uses consistent with the provisions of Section 2 of Article X of the California Constitution.

article: 1.7. Areas of Origin


citation: WAT § 1218

text:
Upon the request of an applicant for a permit to appropriate water for use outside a protected area, a county of origin shall cooperate with the applicant in estimating the amount of water that may be purchased within the county pursuant to subdivision (a) of Section 1217 and that may be developed or used within the county impacting the proposed project, including an estimated time schedule.

The purpose of this section is to assist the applicant in planning the export project and to assist the counties of origin in their water planning.

article: 1.7. Areas of Origin


citation: WAT § 1219

text: A water supplier exporting or intending to export water outside a protected area, or a water user or users within a protected area, may declare that an impasse has been reached between the parties in negotiations over matters within the scope of negotiations specified in Section 1217 and may request the director to appoint a panel of five disinterested persons from whom the parties shall select, by a process of elimination, the mediator. After drawing lots to determine the order, the parties shall each, in turn, eliminate a name from the panel until there is only one person remaining on the panel, who shall be the mediator. The mediator shall meet forthwith with the parties or their representatives, either jointly or separately, and shall take such other steps as the mediator may deem appropriate in order to persuade the parties to resolve their differences and effect a mutually acceptable agreement. The services of the mediator, including any per diem fees, and actual and necessary travel and subsistence expenses, shall be provided by the parties. Nothing in this section shall be construed to prevent the parties from mutually agreeing upon their own mediation procedure, and in the event of such agreement, the director shall not appoint a mediator.

article: 1.7. Areas of Origin


text: The provisions of this article shall not require any water supplier exporting or intending to export water for use outside a protected area to furnish to any water user or users in a protected area claiming rights under this article, without adequate compensation therefor, any water made available for domestic, municipal, industrial, or agricultural uses by the construction of any works by the water exporter.

article: 1.7. Areas of Origin


citation: WAT § 1220

text:
(a) No groundwater shall be pumped for export from within the combined Sacramento and Delta-Central Sierra Basins, as defined in the Department of Water Resources’ Bulletin 160-74, unless the pumping is in compliance with a groundwater management plan that is adopted by ordinance pursuant to subdivision (b) by the county board of supervisors, in full consultation with affected water districts, and that is subsequently approved by a vote in the counties or portions of counties that overlie the groundwater basin, except that water that has seeped into the underground from any reservoir, afterbay, or other facility of an export project may be returned to the water supply of the export project. For the purposes of this section, the county board of supervisors may designate a county water agency to act on its behalf if the directors of the county water agency are publicly elected and the county water agency encompasses the entire county. The county board of supervisors may revoke that designation by resolution at any time.

(b) Notwithstanding any other provision of law, a county board of supervisors whose county contains part of the combined Sacramento and Delta-Central Sierra Basins may adopt groundwater management plans to implement the purposes of this section.

(c) A county board of supervisors shall not exercise the powers authorized by this section within the boundaries of another local agency supplying water to that area without the prior agreement of the governing body of that other local agency.

(d) This section does not apply to groundwater pumping by the Eastern Water Alliance Joint Powers Agency for export from the Eastern San Joaquin County Basin, as described on pages 38 and 39 of the Department of Water Resources Bulletin No. 118-80, provided that the groundwater pumping is approved by San Joaquin County pursuant to its ordinances regulating the management and export of groundwater as these ordinances are in effect at the time of permit approval by San Joaquin County. Section 10753.1 applies to any groundwater regulation under this section. As used in this section, the term “groundwater” has the same definition as set forth in in subdivision (a) of Section 10752.

history: (History: Amended by Stats. 2003, Ch. 740, Sec. 5. Effective January 1, 2004.)

article: 1.7. Areas of Origin


citation: WAT § 1221

text: This article shall not be construed to authorize the board to regulate groundwater in any manner.

article: 1.7. Areas of Origin


citation: WAT § 1222

text: Nothing in this article shall be deemed to diminish the rights and protections to watersheds of origin contained in existing law including, but not limited to, Part 4.5 (commencing with Section 12200) of Division 6.

article: 1.7. Areas of Origin


citation: WAT § 1225

text: Except as provided in Article 2.5 (commencing with Section 1226) of this chapter, no right to appropriate or use water subject to appropriation shall be initiated or acquired except upon compliance with the provisions of this division.

history: (History: Amended by Stats. 1974, Ch. 140.)

article: 2. Exclusive Method of Appropriation

path: 2. WATER > 1. General Provisions > 2. Exclusive Method of Appropriation


citation: WAT § 1226

text: The Legislature finds and declares that it is necessary and beneficial to the state to clear up many heretofore uncertain conditions of water rights which are the result of a large number of dams and other water impoundment structures which have been constructed for livestock watering use, including domestic and recreational use which is incidental to livestock use; that these structures have been constructed, many at the urging of local, state and federal government, as a matter of practical necessity by the owners or users of the land on which they exist; that these structures have been built without clearly defined water rights as a result of the uncertainty of the state law and the lack of information by the owners as to proper procedures by which to obtain a water right; and that it is in the interest of the state to clarify the right to the water impounded by these structures.

history: (History: Added by Stats. 1974, Ch. 140.)

article: 2.5. Stockponds

path: 2. WATER > 1. General Provisions > 2.5. Stockponds


text: The owner of any dam or other water impoundment structure constructed prior to January 1, 1969, the capacity of which is not in excess of 10 acre-feet on January 1, 1975, and concerning which water rights litigation between private parties was not a matter of record prior to January 1, 1974, is declared to have a valid water right for the use of the water for purposes as specified in Section 1226, if that person files a claim of water right with the board not later than December 31, 1997. All permits or licenses issued by the board prior to the effective date of this article shall have priority over any water right claimed pursuant to this article.

history: (History: Amended by Stats. 1996, Ch. 667, Sec. 4. Effective September 20, 1996.)

article: 2.5. Stockponds


text:
(a) Any person who has a valid water right pursuant to Section 1226.1, who files a claim of water right with the board on or before December 31, 1977, has a water right priority as of the date of the construction of the dam or other water impoundment structure.

(b) Any person who has a valid water right pursuant to Section 1226.1, who files a claim of water right with the board after December 31, 1977, and before January 1, 1998, has a water right priority as of the date of filing.

history: (History: Amended by Stats. 1996, Ch. 667, Sec. 5. Effective September 20, 1996.)

article: 2.5. Stockponds


text: Each claim of water right shall be accompanied by a fee which shall be in an amount determined by the board to cover the reasonable administrative costs of processing the claim. If the claimant establishes a water right pursuant to this article, the board shall issue a certificate of the validity of the water right to the claimant as expeditiously as practicable.

history: (History: Amended by Stats. 1996, Ch. 667, Sec. 6. Effective September 20, 1996.)

article: 2.5. Stockponds


text: The board may, after notice and hearing, revoke any certificate of a water right granted pursuant to this article upon a finding that the water has ceased to be used for the purposes specified in Section 1226.

history: (History: Amended by Stats. 1996, Ch. 667, Sec. 7. Effective September 20, 1996.)

article: 2.5. Stockponds


citation: WAT § 1227

text: The Legislature finds and declares that it is in the public interest to provide a priority of right to appropriate water for various beneficial water uses which were initiated by the United States, or its agencies, on reserved lands prior to July 3, 1978, and which uses are for secondary purposes, other than those for which the federal reservation was created, provided that the priority of right does not impair any existing water right.

history: (History: Added by Stats. 1983, Ch. 670, Sec. 1.)

path: 2. WATER > 1. General Provisions > 2.6. Nonreserved Water Rights for Federal Uses


text:
(a) To obtain the priority of right set forth in Section 1227, any agency of the United States shall submit to the board, on or before July 1, 1984, a statement for each water use initiated under claim of right by the United States on reserved lands for which beneficial use of water was initiated on or before July 3, 1978, concerning which water rights litigation was not a matter of record prior to July 3, 1978, and which use is for secondary purposes other than those for which the federal reservation was created.

(b) Each statement shall include, but not be limited to, all of the following:

(1) The name and address of the agency of the United States which maintains the federal water project.

(2) The name and address of the person who is responsible for the day-to-day operations of the federal water project.

(3) The name of the stream or other source from which the water is being appropriated and the name of the next major stream or other body of water to which the source is tributary.

(4) The point of diversion and place of use.

(5) The purpose of the use.

(6) A general description of the area in which the water is used.

(7) The year in which the diversion was commenced or as near as is known.

(8) Any information tending to indicate the quantity of water used, as may be prescribed by the board.

(c) The board shall make available to any person upon request copies of statements filed pursuant to this section for federal water uses within a particular county. Any person may file a request for special notice, by county.

article: 2.6. Nonreserved Water Rights for Federal Uses


text:
(a) Subject to subdivisions (b) and (c), any use for which a statement is submitted to the board pursuant to Section 1227.1 has a priority for the appropriation of water as of the date of initial use of the water, except that all permits and licenses issued by the board on applications, including those filed by the department pursuant to Part 2 (commencing with Section 10500) of Division 6, filed prior to July 1, 1984, have priority over any water right claimed by the United States pursuant to this article. Any use for which a statement is required shall be subject to Article 3 (commencing with Section 11460) of Chapter 3 of Part 3 of Division 6, in a like manner as the Central Valley Project.

(b) The scope of any appropriative right recognized pursuant to this article, including terms and conditions judged necessary by the board to best develop, conserve, and utilize the appropriated water in the public interest, shall be determined when that scope is at issue in any of the following proceedings:

(1) A proceeding upon an application, permit, or license of another, pursuant to this part, where the United States is a protestant or interested party.

(2) A proceeding to determine all rights to water of a stream system pursuant to Chapter 3 (commencing with Section 2500) of Part 3.

(3) A general adjudication of water rights commenced in the courts of this state.

(4) A proceeding to determine whether the board should commence an action pursuant to Section 1052, whether the United States is a complainant or a respondent.

(5) A proceeding under Section 275 and rules of the board in implementation thereof, whether the United States is a complainant or a respondent.

(c) The board shall, following any determination pursuant to subdivision (b), issue evidence of the scope of the right so determined; provided, that in no event, either prior or subsequent to the determination, shall the right exceed the amount of water that may be reasonably used without waste and under reasonable methods of use and diversion.


text: This article does not apply to uses involving the appropriation of water by any person, including any agency of the United States, pursuant to the Federal Reclamation Law, as amended or supplemented, or any other federal statute which authorizes projects for the development of water for uses other than uses upon reserved federal lands.


text: The board may, after following procedures set forth in Sections 1675 to 1675.2, inclusive, revoke any water right determined pursuant to this article upon a finding that the water has ceased to be used for a purpose for which the original development was intended.


citation: WAT § 1228

text: This article shall be known and may be cited as the Water Rights Permitting Reform Act of 1988.

history: (History: Added by Stats. 1988, Ch. 1040, Sec. 1.)

path: 2. WATER > 1. General Provisions > 2.7. Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses


text:
(a) The Legislature finds and declares that it is in the public interest to provide a timely, efficient, and economic procedure for the acquisition of rights to appropriate water for a small domestic use, including incidental stock watering and irrigation uses, a small irrigation use, and for a livestock stockpond subject to prior rights.

(b) As used in this article:

(1) “Small domestic use” means a domestic use, as that use is defined by board rule, or a use for aesthetic, fire protection, recreational, or fish and wildlife purposes that is associated with a dwelling or other facility for human occupation, that does not exceed direct diversion of 4,500 gallons per day or diversion to storage of 10 acre-feet per year.

(2) “Small irrigation use” means either of the following:

(A) An irrigation use, heat control use, or frost protection use, not to exceed diversion to storage of 20 acre-feet per year, including impoundment for incidental aesthetic, fire protection, recreational, or fish and wildlife purposes.

(B) An irrigation use not to exceed direct diversion of 42,000 gallons per day, up to a maximum of 20 acre-feet per year.

(3) “Livestock stockpond” means a water impoundment structure constructed for livestock watering use not to exceed direct diversion of 4,500 gallons per day, or diversion to storage of 10 acre-feet per year, as that use is defined by the board, and including impoundment for incidental aesthetic, fire protection, recreational, or fish and wildlife purposes.

history: (History: Amended by Stats. 2015, Ch. 683, Sec. 45. (SB 798) Effective January 1, 2016.)

article: 2.7. Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses


text:
(a) (1) Subject to subdivision (b), a person may obtain a right to appropriate water for a small domestic, small irrigation, or livestock stockpond use upon first registering the use with the board and thereafter applying the water to reasonable and beneficial use with due diligence.

(2) With regard to an appropriation for small domestic use, a registration shall not be filed for a facility served by or used pursuant to a permit or license for domestic or municipal use, and not more than one small domestic use registration shall be in effect at any time for any facility. A small domestic use registration and a livestock stockpond use registration may be in effect for the same facility if the total combined water use covered by the registrations does not exceed 10 acre-feet per year.

(3) With regard to an appropriation for small irrigation use, more than one registration may be in effect at any time for a registrant if the diversion or storage facilities subject to registration for a registrant do not exceed the ratio of one per 20 irrigated acres, and if the total water use on all acreage covered by the registrations, including any water use based on other rights, does not exceed 100 acre-feet per year.

(4) A small domestic use registration and a small irrigation use registration, or a livestock stockpond use registration and a small irrigation use registration, may be in effect for the same facility only if the total combined water use covered by the registrations does not exceed 20 acre-feet per year.

(5) With regard to an appropriation for livestock stockpond use, more than one registration may be in effect at any time for a registrant if stockponds subject to registration for that registrant do not exceed the ratio of one per 50 acres.

(b) Initiation of rights to appropriate water pursuant to this article shall be subject to Article 1.3 (commencing with Section 1205), relating to fully appropriated stream systems. The board shall not accept a registration of water use which proposes as a source of water supply a stream system which has been unconditionally declared by the board to be fully appropriated pursuant to Section 1205, except that subdivision (b) of Section 1206, relating to conditional declarations of fully appropriated stream systems, shall apply to registration of water use pursuant to this article, and the board shall accept those registrations where consistent with the conditions specified in the declaration.

(c) The board shall annually prepare and post on its Internet Web site information summarizing the location, nature, and amount of water appropriated pursuant to this article. The information shall include a description of the availability of unappropriated water in those stream systems which may become fully appropriated within the next reporting period.

(d) If a registration is filed with a source of supply on a stream system that the most recent report submitted under subdivision (c) identifies as a stream system that may become fully appropriated within the next reporting period, the registration shall not take effect unless the board finds that unappropriated water is available for the appropriation proposed by the registration. If the board finds that unappropriated water is not available to supply the proposed appropriation, the board shall, following notice and hearing, determine whether that stream system should be declared fully appropriated pursuant to Article 1.3 (commencing with Section 1205).

history: (History: Amended by Stats. 2015, Ch. 683, Sec. 46. (SB 798) Effective January 1, 2016.)


text:
(a) Registration of water use pursuant to this article shall be made upon a form prescribed by the board. The registration form shall set forth all of the following:

(1) The name and post office address of the registrant.

(2) The source of water supply.

(3) The nature and amount of the proposed use.

(4) The proposed place of diversion.

(5) The place where it is intended to use the water.

(6) The time for completion of construction of diversion works and for complete application of the water to the proposed use.

(7) A certification that the registrant has contacted a representative of the Department of Fish and Wildlife designated by that department for that purpose, has provided information to that department that is set forth in the registration form, and has agreed to comply with all lawful conditions, including, but not limited to, conditions upon the construction and operation of diversion works, required by the Department of Fish and Wildlife. The certification shall include a copy of any conditions required by the Department of Fish and Wildlife pursuant to this paragraph.

(8) Any other information that may reasonably be required by the board.

(b) Registration of water use shall be deemed completed on the date that the form, executed in substantial compliance with the requirements of this section, and the registration fee specified in Section 1525 are received by the board.

(c) The board shall issue monthly a list of registrations filed under this article during the preceding calendar month. This list shall contain the information required by paragraphs (1) to (6), inclusive, of subdivision (a). The list shall set forth a date prior to which an interested person may file a written protest in opposition to the approval of a stockpond registration. That date shall be not later than 30 days from the date on which the list is issued. The board shall mail the monthly list of registrations filed to a person who requests the list.

(d) Prior to the date set forth on the list required under subdivision (c), an interested person may file with the board a written protest in opposition to the approval of a stockpond registration. The protest shall clearly set forth the protestant’s objections to the registered use based on interference with prior rights. The protest shall be served on the registrant by the protestant by mailing a duplicate copy of the protest to the registrant, or through service undertaken in another manner determined to be adequate by the board. The procedures set forth in Article 1.5 (commencing with Section 1345) of Chapter 5 shall be used for reviewing a protested registration.

history: (History: Amended by Stats. 2015, Ch. 683, Sec. 47. (SB 798) Effective January 1, 2016.)


text:
(a) Any completed registration of water use gives to the registrant a priority of right as of the date of completed registration to take and use the amount of water ultimately applied with due diligence to reasonable and beneficial use thereunder, which amount shall not exceed the amount of proposed use as shown on the registration form.

(b) Any right obtained pursuant to this article shall remain in effect unless and until any of the following occur:

(1) The right is forfeited for nonuse pursuant to Section 1241, or abandoned.

(2) The right is revoked because the registrant knowingly made any false statement, or knowingly concealed any material fact, in the registration.

(3) The right is revoked for failure to renew the registration as provided in this article.

(4) The right is revoked pursuant to subdivision (c) of Section 1228.6.


text:
(a) Registration of a small domestic, small irrigation, or livestock stockpond use pursuant to this article shall be renewed prior to the expiration of each five-year period following completed registration.

(b) Registrations for which all annual fees have been timely paid and all annual reports have been timely submitted at the expiration of the five-year registration shall be renewed by operation of law.

(c) The conditions established by the board pursuant to Section 1228.6 that are in effect at the time of renewal of registration shall supersede the conditions that were applicable to the original completed registration.

(d) A registration for which fees or water use reports remain outstanding at the expiration of the five-year registration period shall be revoked by operation of law.

history: (History: Amended by Stats. 2025, Ch. 401, Sec. 14. (AB 1520) Effective January 1, 2026.)


text:
(a) The board shall establish, and may from time to time revise, reasonable general conditions to which all appropriations made pursuant to this article shall be subject. The conditions shall include, but shall not be limited to, the following:

(1) The appropriation is subject to prior rights.

(2) All conditions lawfully required by the Department of Fish and Wildlife are conditions upon the appropriations.

(3) Diversion works shall be constructed and water applied to beneficial use with due diligence.

(4) Registration shall be renewed and water use reported pursuant to law and to the rules of the board.

(b) Immediately upon registration pursuant to Section 1228.3, renewal of registration pursuant to Section 1228.5, or amended registration pursuant to Section 1228.7, the board shall provide the registrant with a written document setting forth the conditions required by this section, and the perfection and exercise of rights acquired pursuant to this article shall at all times be subject to those conditions.

(c) The conditions required by this section shall be deemed “terms and conditions” within the meaning of Section 1825 and the expression of legislative intent contained in that section shall be applicable thereto. The authority of the board to enforce the terms and conditions of permits and licenses to appropriate water, and to prevent the unlawful diversion of water, including, but not limited to, provisions regarding cease and desist orders and the revocation of permits and licenses, shall be applicable to appropriations initiated or perfected pursuant to this article.

history: (History: Amended by Stats. 2015, Ch. 683, Sec. 48. (SB 798) Effective January 1, 2016.)


text:
(a) A registrant may change the point of diversion or place of use by delivering to the board an amended registration form in accordance with Section 1228.3, including payment of the registration fee specified in Section 1525, except that the purpose of the use shall not be changed and the change shall not operate to the injury of any legal user of the water involved.

(b) A completed amended registration of water use continues in effect the priority of right as of the date of the original completed registration.

(c) All provisions of this article regarding appropriations made pursuant thereto, including, but not limited to, provisions regarding enforcement, are applicable to the appropriation as described in the completed amended registration, except that the conditions established by the board pursuant to Section 1228.6 that are in effect at the time of completion of the amended registration shall supersede the conditions that were applicable to the original completed registration.

history: (History: Amended by Stats. 2010, Ch. 288, Sec. 9. (SB 1169) Effective January 1, 2011.)


citation: WAT § 1229

text:
(a) The board is not required to adopt general conditions for small irrigation use pursuant to subdivision (a) of Section 1228.6 until the board determines that funds are available for that purpose.

(b) A registration for small irrigation use pursuant to this article is not authorized until the board establishes general conditions for small irrigation use pursuant to subdivision (a) of Section 1228.6 to protect instream beneficial uses.

(c) The board may establish general conditions for some methods of diversion or categories of small irrigation use before establishing general conditions for other methods or categories, in which case a registration for small irrigation use is authorized only for those methods or categories for which the board has established the general conditions for the protection of instream beneficial uses.

history: (History: Amended by Stats. 2015, Ch. 683, Sec. 49. (SB 798) Effective January 1, 2016.)


text:
(a) This article does not apply to those stream segments for which the Director of Fish and Wildlife establishes proposed streamflow requirements pursuant to Section 10002 of the Public Resources Code, notwithstanding the July 1, 1989, deadline for preparation of the requirements.

(b) Notwithstanding subdivision (a), this article applies to a registration filed before the Director of Fish and Wildlife establishes proposed streamflow requirements for the source of water supply for the registration. The conditions for renewal under subdivision (c) of Section 1228.5 may include any conditions the Department of Fish and Wildlife determines to be necessary to protect stream-related fish and wildlife resources on a source of water supply for which the Director of Fish and Wildlife has established proposed streamflow requirements pursuant to Section 10002 of the Public Resources Code.

history: (History: Amended by Stats. 2015, Ch. 683, Sec. 50. (SB 798) Effective January 1, 2016.)


citation: WAT § 1230

text: If the waters of an interstate body of water have been allocated between California and another state or Indian tribe by a compact, United States Supreme Court decree, or other appropriate method of allocating interstate waters, the board shall exercise its authority under this division in a manner consistent with the rights and responsibilities of the State of California under that interstate allocation and Section 1231 does not apply to the extent it is inconsistent with that interstate allocation.

history: (History: Repealed and added by Stats. 2014, Ch. 274, Sec. 3. (AB 2759) Effective January 1, 2015.)

path: 2. WATER > 1. General Provisions > 3. Appropriation from Interstate Streams


citation: WAT § 1231

text:
(a) A right of appropriation from a stream that flows across the state boundary that has the point of diversion and the place of use in another state and is recognized by the laws of that state shall have the same force and effect as if the point of diversion and the place of use were in this State if the laws of that state give like force and effect to similar rights acquired in this State.

(b) Subdivision (a) does not apply to interstate lakes, or streams flowing in or out of those lakes. Subdivision (a) applies where an appropriation or change in point of diversion, place of use, or purpose of use is proposed or made under either of the following:

(1) A right to the use of waters from the Truckee River if the appropriation or change is made pursuant to the operating agreement described in Section 205(a) of Public Law 101-618.

(2) A right to the use of waters from the Walker River and its tributaries if the appropriation or change is not inconsistent with the decree entered in United States v. Walker River Irrigation District, et. al. United States District Court for the District of Nevada Equity No. C-125, filed April 15, 1936, including any amendments to that decree entered before or after January 1, 2015.

history: (History: Amended by Stats. 2014, Ch. 274, Sec. 4. (AB 2759) Effective January 1, 2015.)

article: 3. Appropriation from Interstate Streams


citation: WAT § 1240

text: The appropriation must be for some useful or beneficial purpose, and when the appropriator or his successor in interest ceases to use it for such a purpose the right ceases.

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

article: 4. Beneficial Use

path: 2. WATER > 1. General Provisions > 4. Beneficial Use


citation: WAT § 1241

text: If the person entitled to the use of water fails to use beneficially all or any part of the water claimed by him or her, for which a right of use has vested, for the purpose for which it was appropriated or adjudicated, for a period of five years, that unused water may revert to the public and shall, if reverted, be regarded as unappropriated public water. That reversion shall occur upon a finding by the board following notice to the permittee, licensee, or person holding a livestock stockpond certificate or small domestic use, small irrigation use, or livestock stockpond use registration under this part and a public hearing if requested by the permittee, licensee, certificate holder, or registration holder.

history: (History: Amended by Stats. 2011, Ch. 579, Sec. 8. (AB 964) Effective January 1, 2012.)

article: 4. Beneficial Use


text: If water appropriated for irrigation purposes is not used by reason of compliance with crop control or soil conservation contracts with the United States, and in other cases of hardship as the board may by rule prescribe, the five-year forfeiture period applicable to water appropriated pursuant to the Water Commission Act or this code, and the forfeiture period applicable to water appropriated prior to December 19, 1914, shall be extended by an additional period of not more than 10 years or the duration of any crop control or soil conservation contracts with the United States if less than 10 years.

history: (History: Amended by Stats. 2010, Ch. 288, Sec. 12. (SB 1169) Effective January 1, 2011.)

article: 4. Beneficial Use


citation: WAT § 1242

text: The storing of water underground, including the diversion of streams and the flowing of water on lands necessary to the accomplishment of such storage, constitutes a beneficial use of water if the water so stored is thereafter applied to the beneficial purposes for which the appropriation for storage was made.

article: 4. Beneficial Use


text:
The diversion of floodflows for groundwater recharge shall not require an appropriative water right if all of the following conditions are met:

(a) (1) A local or regional agency that has adopted a local plan of flood control pursuant to Section 8201 or has considered flood risk as part of its most recently adopted general plan has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.

(2) As used in this section, “floodflow” means any of the following:

(A) Where a waterbody is subject to a defined flood stage, flows in excess of flood stage where actions are necessary to avoid threats to human health and safety.

(B) (i) Except as provided in clause (ii), where a waterbody is not subject to a defined flood stage, surface water escaped from or is likely to imminently escape from a channel or waterbody causing or threatening to cause inundation of residential or commercial structures, or roads needed for emergency response. Likely imminent escape from a channel or waterbody shall be demonstrated by measured flows in excess of the maximum design capacity of a flood control project, where such a project is present and the maximum design capacity is readily available information.

(ii) This subparagraph does not apply to flows that inundate wetlands, working lands, or floodplains, events that constitute a “design flood,” groundwater seepage, or waters confined to a “designated floodway.”

(C) Where flows would inundate ordinarily dry areas in the bed of a terminal lake to a depth that floods dairies and other ongoing agricultural activities, or areas with substantial residential, commercial, or industrial development.

(3) As used in this subdivision, “imminent” means a high degree of confidence that a condition will begin in the immediate future.

(b) The diversions cease when the flood conditions described in the public notice provided pursuant to subdivision (a) have abated to the point there is no longer a risk of flooding and inundation of land, roads, or structures downstream of the point of diversion.

(c) Any water diverted is not diverted to, and will not be applied to, any of the following:

(1) Any barns, ponds, or lands where manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied.

(2) Any agricultural field that has been identified as an outlier with respect to nitrogen application by any of the following:

(A) The board.

(B) The appropriate regional board.

(C) An agricultural coalition charged with implementation of the Irrigated Lands Regulatory Program.

(3) Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems, drinking water wells or drinking water supplies, or exacerbate the threat of flood and other health and safety concerns.

(4) Any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This limitation does not apply to facilities already constructed for the purpose of groundwater recharge or managed wetlands.

(d) With respect to diversions from water tributaries to the Sacramento-San Joaquin Delta (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species requirements in the Delta at the time of the diversion.

(e) The diversion of floodflows for groundwater recharge uses the following as part of the diversion:

(1) Either existing diversion infrastructure or temporary pumps.

(2) Existing groundwater recharge locations, where available.

(3) No new permanent infrastructure or permanent construction.

(4) For diversions directly from rivers or streams, protective screens on temporary pump intakes to minimize the impacts of diversion to fish and other aquatic life. Such screens shall be constructed of any rigid material, perforated, woven, or slotted, that provides water passage while physically excluding fish. The screen face shall be parallel to the flow and adjacent to the water’s edge. The upstream and downstream transitions to the screen structure shall be designed and constructed to minimize eddies upstream of, in front of, and downstream of the screen, while minimizing entrainment to the degree feasible. Prior to implementing this paragraph, the Department of Fish and Wildlife shall conduct at least one public workshop to review recommended design parameters and ranges of scenarios for deployment and use of protective screens. These recommendations and any other guidelines provided by the Department of Fish and Wildlife on the implementation of this paragraph shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

(f) The person or entity making the diversion for groundwater recharge does not claim any water right based on that diversion and recharge.

(g) (1) The person or entity making the diversion for groundwater recharge files all of the following with the board and with any applicable groundwater sustainability agency, as defined in Section 10721, for the basin:

(A) A notice that provides the information specified in Subparagraphs (A) through (C), inclusive, of paragraph (2), 48 hours before whenever feasible, and in no event later than 48 hours after initially commencing diversion of floodflows for groundwater recharge.

(B) A preliminary report no later than 14 days after initially commencing diversion of floodflows for groundwater recharge.

(C) A final report no later than 15 days after diversions cease.

(2) The preliminary and final reports shall do all of the following:

(A) Identify the person or entity making the diversion for groundwater recharge.

(B) Provide the Global Positioning System (GPS) coordinates for the point of diversion, a map identifying the approximate area inundated by the floodflows, and the corresponding assessor parcel numbers.

(C) Identify the time when diversions of floodflows to groundwater recharge commenced, and, for final reports, when diversions ceased.

(D) Provide an estimate, as of the report’s date, of the amount of floodflows diverted for groundwater recharge.

(h) This section shall only apply to diversions commenced before January 1, 2029.

history: (History: Added by Stats. 2023, Ch. 51, Sec. 25. (SB 122) Effective July 10, 2023.)

article: 4. Beneficial Use


text:
(a) The board shall post on its internet website all reports received pursuant to Section 1242.1.

(b) On an annual basis, until January 1, 2029, the board shall compile information on the reports it receives pursuant to subdivision (g) of Section 1242.1 to identify the number of projects, estimated amount of water diverted and recharged, and locations of recharge projects implemented under this section and post this information on its internet website. The board may include recommendations to increase the amount of water diverted for recharge while protecting groundwater quality, public safety, and fish and wildlife resources in this annual report.

history: (History: Added by Stats. 2023, Ch. 51, Sec. 26. (SB 122) Effective July 10, 2023.)

article: 4. Beneficial Use


text:
(a) The Legislature finds and declares as follows:

(1) California’s central valley has one of the highest flood risks in the United States. Recognizing this risk and in response to the Court of Appeal decision in Paterno v. State of California (2003) 113 Cal. App.4th 998, in 2007, the Legislature enacted the Central Valley Flood Protection Act of 2008, which along with other provisions requires the projected impacts of climate change on the State Plan of Flood Control to be included the Central Valley Flood Protection Plan and each five-year update to the Central Valley Flood Protection Plan.

(2) According to the 2022 Update of the Central Valley Flood Protection Plan, by 2072, climate change is predicted to increase peak floodflows up to five times in the central valley compared to past recorded events, and the anticipated peak flows by 2072 will only exacerbate this risk unless urgent action is taken. Climate change science predicts that atmospheric rivers will become stronger and wetter, increasing their potential to cause catastrophic events that could overwhelm many parts of the current flood system, if improvements and other strategies are not implemented.

(3) The Legislature enacts Section 1242.1, as applied in the Sacramento and San Joaquin watersheds, with the intention of adapting the State Plan of Flood Control to continuing climate change with a reasonable plan for quickly reducing the level of floodflows by diverting water, where feasible, to lands adjacent to watercourses and state-federal levees for recharging groundwater.

(4) Given rapidly changing hydrologic conditions, Section 1242.1 establishes a reasonable plan for reducing risk of flood damages to lands within the State Plan of Flood Control. Risk of flooding may remain and may be incidental to the actions authorized by Section 1242.1, but the state is acting to reduce that risk.

(b) The state shall not be liable for flood damages related to actions authorized by Section 1242.1.

history: (History: Added by Stats. 2023, Ch. 51, Sec. 27. (SB 122) Effective July 10, 2023.)

article: 4. Beneficial Use


text: The board, subject to the provisions of Section 100 and whenever it is in the public interest, may approve appropriation by storage of water to be released for the purpose of protecting or enhancing the quality of other waters which are put to beneficial uses.

history: (History: Added by Stats. 1969, Ch. 482.)

article: 4. Beneficial Use


citation: WAT § 1243

text:
(a) The use of water for recreation and preservation and enhancement of fish and wildlife resources is a beneficial use of water. In determining the amount of water available for appropriation for other beneficial uses, the board shall take into account, when it is in the public interest, the amounts of water required for recreation and the preservation and enhancement of fish and wildlife resources.

(b) The board shall notify the Department of Fish and Wildlife of an application for a permit to appropriate water. The Department of Fish and Wildlife shall recommend the amounts of water, if any, required for the preservation and enhancement of fish and wildlife resources and shall report its findings to the board.

(c) This section does not affect riparian rights.

history: (History: Amended by Stats. 2015, Ch. 683, Sec. 51. (SB 798) Effective January 1, 2016.)

article: 4. Beneficial Use


text:
In determining the amount of water available for appropriation, the board shall take into account, whenever it is in the public interest, the amounts of water needed to remain in the source for protection of beneficial uses, including any uses specified to be protected in any relevant water quality control plan established pursuant to Division 7 (commencing with Section 13000) of this code.

This section shall not be construed to affect riparian rights.

article: 4. Beneficial Use


citation: WAT § 1244

text:
The sale, lease, exchange, or transfer of water or water rights, in itself, shall not constitute evidence of waste or unreasonable use, unreasonable method of use, or unreasonable method of diversion and shall not affect any determination of forfeiture applicable to water appropriated pursuant to the Water Commmission Act or this code or water appropriated prior to December 19, 1914.

This section does not constitute a change in, but is declaratory of, existing law.

history: (History: Added by Stats. 1980, Ch. 933, Sec. 6.)

article: 4. Beneficial Use


citation: WAT § 1245

text: Every municipal corporation of this State, and every person, firm or corporation engaged in supplying water to any municipal corporations for municipal, domestic or other uses, who enters any watershed, or any lands, streams or waters in the watershed for the purpose of acquiring or increasing a water supply for such purpose, or for the purpose of taking, diverting or transporting water for use by or in a municipal corporation, or for the purpose of supplying the needs of any municipal corporation, or its inhabitants, with water for the enumerated uses, shall be liable to all persons, firms and corporations, their heirs, representatives and successors, and to municipal corporations, districts and political subdivisions of this State whose property, business, trade, profession or occupation is within or conducted or carried on within the watershed entered, for all damage suffered or sustained by them either directly or indirectly because of injury, damage, destruction or decrease in value of any such property, business, trade, profession or occupation resulting from or caused by the taking of any such lands or waters, or by the taking, diverting or transporting of water from such watershed to and for use by or in any such municipal corporation.

history: (History: Added by Stats. 1955, Ch. 49.)

article: 5. Liability Within a Watershed

path: 2. WATER > 1. General Provisions > 5. Liability Within a Watershed


citation: WAT § 1246

text: For the purpose of ascertaining the amount of any damage claimed to have been suffered or sustained by reason of any of the acts or things mentioned in Section 1245, every municipal corporation and every person, firm or corporation causing any such damage, is authorized to enter into an agreement for the arbitration or compromise of any claims, and all of the laws of this State relating to arbitration of controversies are made applicable to such claims.

article: 5. Liability Within a Watershed


citation: WAT § 1247

text: Nothing in this article shall confer the right to recover damages resulting directly or indirectly by reason of the construction, operation or maintenance of any conduit, pipe line, canal, ditch, aqueduct, reservoir, power transmission line or power house.

article: 5. Liability Within a Watershed


citation: WAT § 1248

text: This article shall be liberally construed.

article: 5. Liability Within a Watershed


citation: WAT § 1250

text: The board shall consider and act upon all applications for permits to appropriate water and shall do all things required or proper relating to such applications.

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

chapter: 2. Applications to Appropriate Water

article: 1. General Provisions

path: 2. WATER > 2. Applications to Appropriate Water > 1. General Provisions


text: The board shall consider and act upon all applications for permits to appropriate water which propose, as a primary purpose of the application, the development of small hydroelectric energy facilities at an existing dam, canal, or conduit, up to and including 30 megawatts, or the development of any other hydroelectric facility with a generating capacity of five megawatts or less, within one year from the date a complete application and an instream beneficial use assessment have been filed with the board, except that the assessment need not be filed if the streamflow regime will not be changed, and except that final board action may be continued for a reasonable time not to exceed one year upon the request of the applicant or upon a finding by the board that the additional time is necessary to determine (1) if unappropriated water is available or (2) the effect upon instream uses.

history: (History: Added by Stats. 1982, Ch. 1482, Sec. 2. Effective September 28, 1982.)

article: 1. General Provisions


citation: WAT § 1251

text: The board shall make such investigations of the water resources of the State as may be necessary for the purpose of securing information needed in connection with applications for appropriations of water.

article: 1. General Provisions


citation: WAT § 1252

text: Any person may apply for and secure from the board, in conformity with this part and in conformity with reasonable rules and regulations adopted from time to time by it, a permit for any unappropriated water.

article: 1. General Provisions


text: An appropriation of water of any stream or other source of water under this part does not confer authority upon the appropriator to prevent or interfere with soil conservation practices above the point of diversion in the watershed in which such stream or other source originates, which practices do not themselves constitute an appropriation for which a permit is required by this part.

history: (History: Added by Stats. 1953, Ch. 1378.)

article: 1. General Provisions


text: All rights and privileges conferred by this part upon any person in relation to the appropriation of water are likewise conferred upon the United States, the State, and any entity or organization capable of holding an interest in real property in this State.

history: (History: Added by Stats. 1943, Ch. 423.)

article: 1. General Provisions


citation: WAT § 1253

text: The board shall allow the appropriation for beneficial purposes of unappropriated water under such terms and conditions as in its judgment will best develop, conserve, and utilize in the public interest the water sought to be appropriated.

article: 1. General Provisions


citation: WAT § 1254

text: In acting upon applications to appropriate water the board shall be guided by the policy that domestic use is the highest use and irrigation is the next highest use of water.

article: 1. General Provisions


citation: WAT § 1255

text: The board shall reject an application when in its judgment the proposed appropriation would not best conserve the public interest.

article: 1. General Provisions


citation: WAT § 1256

text: In determining public interest under Sections 1253 and 1255, the board shall give consideration to any general or co-ordinated plan looking toward the control, protection, development, utilization, and conservation of the water resources of the State, including The California Water Plan, prepared and published by the Department of Water Resources or any predecessor thereof and any modification thereto as may be adopted by the department or as may be adopted by the Legislature by concurrent resolution or by law.

history: (History: Amended by Stats. 1959, Ch. 2053.)

article: 1. General Provisions


citation: WAT § 1257

text: In acting upon application to appropriate water, the board shall consider the relative benefit to be derived from (1) all beneficial uses of the water concerned including, but not limited to, use for domestic, irrigation, municipal, industrial, preservation and enhancement of fish and wildlife, recreational, mining and power purposes, and any uses specified to be protected in any relevant water quality control plan, and (2) the reuse or reclamation of the water sought to be appropriated, as proposed by the applicant. The board may subject such appropriations to such terms and conditions as in its judgment will best develop, conserve, and utilize in the public interest, the water sought to be appropriated.

history: (History: Amended by Stats. 1970, Ch. 157.)

article: 1. General Provisions


text: The board, in acting on applications to appropriate water, shall consider streamflow requirements proposed for fish and wildlife purposes pursuant to Sections 10001 and 10002 of the Public Resources Code. The board may establish such streamflow requirements as it deems necessary to protect fish and wildlife as conditions in permits and licenses in accordance with this division.

history: (History: Added by Stats. 1985, Ch. 1259, Sec. 4.)

article: 1. General Provisions


citation: WAT § 1258

text: In acting upon applications to appropriate water, the board shall consider water quality control plans which have been established pursuant to Division 7 (commencing with Section 13000) of this code, and may subject such appropriations to such terms and conditions as it finds are necessary to carry out such plans.

history: (History: Amended by Stats. 1969, Ch. 482.)

article: 1. General Provisions


citation: WAT § 1259

text: In acting upon applications to appropriate water, the board shall consider the state goal of providing a decent home and suitable living environment for every Californian.

history: (History: Added by Stats. 1979, Ch. 947.)

article: 1. General Provisions


text:
(a) The board shall annually prepare a written summary, in chart form, of pending applications to appropriate water in the Counties of Marin, Napa, Sonoma, Mendocino, and Humboldt. The summary shall include a description of the status of each pending application, the actions taken in the preceding year, proposed actions for the upcoming year, and the proposed date for final action with regard to that application.

(b) For the purposes of carrying out subdivision (a), the board may post the information described in subdivision (a) on its Web site.

history: (History: Added by Stats. 2004, Ch. 943, Sec. 2. Effective January 1, 2005.)

article: 1. General Provisions


text:
(a) (1) On or before January 1, 2008, the board shall adopt principles and guidelines for maintaining instream flows in coastal streams from the Mattole River to San Francisco and in coastal streams entering northern San Pablo Bay, as part of state policy for water quality control adopted pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7, for the purposes of water right administration.

(2) The board may adopt principles and guidelines for maintaining instream flows not described in paragraph (1), as part of state policy for water quality control adopted pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7, for the purposes of water right administration.

(b) Prior to the adoption of principles and guidelines pursuant to subdivision (a), the board may consider the 2002 “Guidelines for Maintaining Instream Flows to Protect Fisheries Resources Downstream of Water Diversions in Mid-California Coastal Streams” for the purposes of water right administration.

history: (History: Amended by Stats. 2005, Ch. 81, Sec. 7. Effective July 19, 2005.)

article: 1. General Provisions


text:
(a) (1) The board shall develop and adopt regulations to govern consideration of climate change effects in water availability analyses used in the board’s review of applications for water rights permits. The board, in developing and adopting the regulations, shall consider the effects of climate change upon watershed hydrology. The effects considered shall include, but are not limited to, drought extremes, floods, and groundwater-surface water interactions.

(2) This section does not limit any authority held by the board under this code or any other law, including, but not limited to, the authority of the board to require applicants for water right permits to submit information pursuant to Section 1260 or 1275.

(3) In developing the regulations, the board shall consider the feasibility of accurately assessing the effects of climate change on watershed hydrology.

(b) In preparing the regulations pursuant to subdivision (a), the board shall consult with the Department of Water Resources, the Department of Fish and Wildlife, qualified hydrologists and climate change scientists, potential applicants, and other interested parties.

(c) This section does not limit the board’s authority to accept or process applications before the regulations required under this section are adopted. The board shall not refuse to accept or delay processing or approval of an application on the grounds that the regulations have not yet been adopted.

history: (History: Added by Stats. 2022, Ch. 369, Sec. 1. (SB 1205) Effective January 1, 2023.)

article: 1. General Provisions


citation: WAT § 1260

text:
An application for a permit to appropriate water shall set forth all of the following:

(a) The name and post office address of the applicant.

(b) The source of water supply.

(c) The nature and amount of the proposed use.

(d) The location and description of the proposed headworks, ditch canal, and other works.

(e) The proposed place of diversion.

(f) The place where it is intended to use the water.

(g) The time within which it is proposed to begin construction.

(h) The time required for completion of the construction.

(i) The time for the complete application of the water to the proposed use.

(j) All data and information reasonably available to applicant 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 appropriation, and a statement of any measures proposed to be taken for the protection of fish and wildlife in connection with the appropriation.

(k) Sufficient information to demonstrate a reasonable likelihood that unappropriated water is available for the proposed appropriation.

history: (History: Amended by Stats. 2015, Ch. 683, Sec. 52. (SB 798) Effective January 1, 2016.)

article: 2. Contents of Applications

path: 2. WATER > 2. Applications to Appropriate Water > 2. Contents of Applications


citation: WAT § 1261

text: All applications shall be accompanied by as many copies of such maps, drawings, and other data as may be prescribed or required by the board, and such maps, drawings, and other data are part of the application.

article: 2. Contents of Applications


citation: WAT § 1262

text: If for agricultural purposes the application shall give the legal subdivisions of the land and the acreage to be irrigated, as near as may be.

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

article: 2. Contents of Applications


citation: WAT § 1263

text: If for power purposes the application shall state the nature of the works by means of which the power is to be developed, the head and amount of water to be utilized, and the use to which the power is to be applied.

article: 2. Contents of Applications


citation: WAT § 1264

text: If for municipal water supply the application shall state the present population to be served, and, as near as may be, the future requirements of the city.

article: 2. Contents of Applications


citation: WAT § 1265

text: If for mining purposes the application shall state the nature and location of the mines to be served and the methods of supplying and utilizing the water.

article: 2. Contents of Applications


citation: WAT § 1266

text: If for storage in a reservoir the application shall state the height of dam, the capacity of reservoir, and the use to be made of the impounded waters, except that for storage underground these additional requirements as to height of dam and capacity of reservoir shall be given as near as may be.

article: 2. Contents of Applications


citation: WAT § 1270

text: A defective application made in a bona fide attempt to conform to the rules and regulations of the board and to the law secures to the applicant a priority of right as of the date of the application until he or she is notified in what respect his application is defective, and the applicant shall be allowed 60 days after notice of the defect, or any additional period of time that the board agrees to, in which to file an amended and perfected application.

history: (History: Amended by Stats. 1997, Ch. 323, Sec. 3. Effective January 1, 1998.)

article: 3. Defective Applications

path: 2. WATER > 2. Applications to Appropriate Water > 3. Defective Applications


text:
The board, by January 1, 2025, shall update its online search tool for funding applications to include, at a minimum, all of the following information:

(a) A description of the additional information the board requires from a water system to continue processing the water system’s application.

(b) The date the board requested the water system to provide additional information.

(c) The cause of any prolonged delays in the process.

(d) A description of the typical steps that must be completed before a funding agreement can be executed after receipt of a complete application.

history: (History: Added by Stats. 2023, Ch. 340, Sec. 1. (AB 682) Effective January 1, 2024.)

article: 3. Defective Applications


citation: WAT § 1271

text: If, within the period provided, the applicant does not file an amended and perfected application, the application shall be rejected and canceled, unless for good cause shown the board allows the applicant to file a further amended and perfected application.

history: (History: Amended by Stats. 1997, Ch. 323, Sec. 4. Effective January 1, 1998.)

article: 3. Defective Applications


citation: WAT § 1275

text:
After an application has been perfected, the board may request additional information reasonably necessary to clarify, amplify, correct, or otherwise supplement the information required to be submitted under Article 2 (commencing with Section 1260) or Article 3 (commencing with Section 1270). The board shall provide a reasonable period for submitting the information. The additional information may include, but is not limited to, any of the following:

(a) Information needed to demonstrate that unappropriated water is available for appropriation.

(b) Information needed to comply, or demonstrate compliance 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.).

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

history: (History: Added by Stats. 1997, Ch. 323, Sec. 5. Effective January 1, 1998.)

article: 4. Supplemental Information

path: 2. WATER > 2. Applications to Appropriate Water > 4. Supplemental Information


citation: WAT § 1276

text: If, within the period provided, the applicant does not provide the information requested under Section 1275, the application shall be canceled, unless for good cause shown the board allows additional time in which to submit the requested information.

article: 4. Supplemental Information


citation: WAT § 1300

text: As soon as practicable after the receipt of an application for a permit to appropriate water which conforms to the rules and regulations of the board and to law, the board shall issue and deliver a notice of the application (a) to the applicant, (b) to the district attorney of each county wherein the applicant proposes to divert water under the application, and (c) to the board of supervisors of each county wherein the applicant proposes to divert water under the application.

history: (History: Amended by Stats. 1965, Ch. 45.)

chapter: 3. Notice of Application

article: 1. Contents of Notice

path: 2. WATER > 3. Notice of Application > 1. Contents of Notice


citation: WAT § 1301

text:
The notice shall specify all of the following:

(a) The number of the application.

(b) The name and address of the applicant.

(c) The date of filing.

(d) The source of supply.

(e) The amount applied for.

(f) The season of diversion.

(g) The location of the point of diversion.

(h) The use to be made.

(i) The location of the place of use.

(j) The date of issuance of the notice.

(k) Such other information as the board deems necessary.

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

article: 1. Contents of Notice


citation: WAT § 1302

text: If the application is for more than three cubic feet per second or for more than 200 acre-feet per annum of storage, the notice shall state that protests against the approval of the application may be filed within 60 days from the date of issuance of the notice or within such further time as the board may, for good cause shown, allow.

article: 1. Contents of Notice


citation: WAT § 1303

text: If the application is for three cubic feet or less per second, or for 200 acre-feet or less per annum of storage, the notice shall state that protests may be filed within 40 days from date thereof or within such further time as the board may, for good cause shown, allow.

article: 1. Contents of Notice


citation: WAT § 1304

text: The notice shall contain appropriate general information as to what protests against the approval of the application shall contain in order to accord with the requirements of law and the rules and regulations of the board.

article: 1. Contents of Notice


citation: WAT § 1310

text: If the application is for more than three cubic feet per second or for more than 200 acre-feet per annum of storage the notice of application shall be published in accordance with this article.

article: 2. Publication of Notice

path: 2. WATER > 3. Notice of Application > 2. Publication of Notice


citation: WAT § 1311

text: Upon receipt of notice of an application coming under this article, the applicant shall cause it to be published as directed by the board.

article: 2. Publication of Notice


citation: WAT § 1312

text: The notice shall be published at the expense of the applicant at least once a week for three consecutive weeks, commencing within 20 days of 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, or, if there are points of diversion in more than one county, in each county in which a point of diversion lies.

history: (History: Amended by Stats. 1970, Ch. 773.)

article: 2. Publication of Notice


citation: WAT § 1313

text: In case there is no newspaper published within the appropriate county publication shall be made in a newspaper having a general circulation within the county.

article: 2. Publication of Notice


citation: WAT § 1315

text: Proof of publication shall be filed by the applicant within 60 days from the date of issuance of the notice.

article: 2. Publication of Notice


citation: WAT § 1316

text: Proof of publication shall be by copy of the notice as published attached to and made a part of the affidavit of the publisher or foreman of the newspaper publishing the notice.

article: 2. Publication of Notice


citation: WAT § 1317

text: The board may cancel any application for failure of the applicant to file proof of publication in accordance with this article, provided the board first gives the applicant written notice of such possible cancellation and 15 days in which to file proof of publication.

history: (History: Added by Stats. 1963, Ch. 501.)

article: 2. Publication of Notice


citation: WAT § 1320

text: Notice of an application for three cubic feet or less per second or for 200 acre-feet or less per annum of storage shall be given by posting and mailing in accordance with this article.

article: 3. Posting and Mailing Notice

path: 2. WATER > 3. Notice of Application > 3. Posting and Mailing Notice


citation: WAT § 1321

text: Upon the date of issuance of notice of an application coming under this article the board shall mail three copies of the notice to the applicant by registered mail and shall also send a copy by registered mail to each person who is known to the board and who in its judgment is interested in the application because of ownership or location in the vicinity of the proposed appropriation.

article: 3. Posting and Mailing Notice


citation: WAT § 1322

text: The applicant shall post the notice within 20 days of the date of issuance thereof in at least two conspicuous places in the locality to be affected by the proposed appropriation.

article: 3. Posting and Mailing Notice


citation: WAT § 1323

text: Proof of posting shall be by affidavit of the applicant or the person posting notice on behalf of the applicant and shall be filed within 40 days from the date of issuance of notice.

article: 3. Posting and Mailing Notice


citation: WAT § 1324

text: The board may cancel any application for failure of the applicant to file proof of posting in accordance with this article, provided the board first gives the applicant written notice of such possible cancellation and 15 days in which to file proof of posting.

article: 3. Posting and Mailing Notice


citation: WAT § 1330

text: Any person interested may, within the time allowed in the notice of application or within such further time as may, for good cause shown, be allowed by the board, file with it a written protest against the approval of an application.

chapter: 4. Protest of Application

path: 2. WATER > 4. Protest of Application


citation: WAT § 1331

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 application, and state the bases for these objections.

(d) Contain other appropriate information and be in the form provided in the rules and regulations of the board.

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

history: (History: Amended by Stats. 1997, Ch. 323, Sec. 6. Effective January 1, 1998.)


citation: WAT § 1332

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 under Section 1331. 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. 1997, Ch. 323, Sec. 7. Effective January 1, 1998.)


citation: WAT § 1333

text: The protestant and the applicant shall make a good faith effort to resolve the protest within 180 days from the date on which the period provided under Section 1330 expires. For good cause, the board may allow additional time for the protestant and the applicant to attempt to resolve the protest.

history: (History: Added by Stats. 1997, Ch. 323, Sec. 8. Effective January 1, 1998.)


citation: WAT § 1334

text: The board may request from the protestant or the applicant 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. 1997, Ch. 323, Sec. 9. Effective January 1, 1998.)


citation: WAT § 1335

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

(b) Except as provided in subdivisions (c) and (d), a protest shall not be canceled for failure to submit information not in the possession or under the control of the protestant if the protest is in compliance with Section 1331 and the applicant is or could be required to submit the information under Section 1260 or 1275.

(c) If a protest is based on interference with a prior right, 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 has a valid water right.

(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 appropriation will result in injury to the protestant’s exercise of its water right.

(d) If the protest is based on an allegation that the proposed appropriation would not be in the public interest, would adversely affect public trust uses, or would have adverse environmental impact, 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.

history: (History: Added by Stats. 1997, Ch. 323, Sec. 10. Effective January 1, 1998.)


citation: WAT § 1340

text: Notice of hearing on a protested application shall be given by mailing notice not less than 20 days before the date of hearing to both the applicant and protestant by registered mail.

chapter: 5. Proceedings on Application

article: 1. Notice of Hearing

path: 2. WATER > 5. Proceedings on Application > 1. Notice of Hearing


citation: WAT § 1341

text: The notice of hearing on a protested application shall state the names of the applicant and protestant, the time and place fixed for the hearing, and such other appropriate information as may be deemed advisable by the board.

article: 1. Notice of Hearing


citation: WAT § 1342

text: If a hearing is held on an unprotested application, notice of hearing shall be given by mailing notice not less than 20 days before the date of hearing.

article: 1. Notice of Hearing


citation: WAT § 1345

text:
(a) Except as provided in subdivision (b), the Division of Water Rights shall conduct a field investigation of all minor protested applications. 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.

(b) The Division of Water Rights is not required to conduct a field investigation for an application defined as a minor application under subdivision (b) of Section 1348 if the Division of Water Rights determines, in its discretion, that a field investigation will not substantially expedite consideration of the application and a hearing should be conducted under Section 183. If the Division of Water Rights makes that determination, Sections 1346 and 1347 do not apply to the application.

history: (History: Amended by Stats. 2019, Ch. 678, Sec. 2. (AB 658) Effective January 1, 2020.)

path: 2. WATER > 5. Proceedings on Application > 1.5. Minor Protested Applications Procedure


citation: WAT § 1346

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. 13. Effective January 1, 1998.)

article: 1.5. Minor Protested Applications Procedure


citation: WAT § 1347

text: Based upon the field investigation and any other information obtained under this article, the Division of Water Rights shall issue a decision unless the board in its discretion determines that additional proceedings should be conducted under Section 183. A decision 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. 15. Effective January 1, 1998.)


citation: WAT § 1348

text:
For purposes of this article, a minor application shall mean either of the following:

(a) Any application 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) An application by a groundwater sustainability agency or local agency, as defined in Section 10721, for a diversion previously authorized by a temporary permit under Article 2 (commencing with Section 1433) of Chapter 6.5.

history: (History: Amended by Stats. 2019, Ch. 678, Sec. 3. (AB 658) Effective January 1, 2020.)


citation: WAT § 1350

text: The board may grant, or refuse to grant a permit and may reject any application, after hearing.

article: 2. Action on Application

path: 2. WATER > 5. Proceedings on Application > 2. Action on Application


citation: WAT § 1351

text: No hearing is necessary in order to issue a permit upon an unprotested application, or if undisputed facts support the issuance of the permit and there is no disputed issue of material fact, unless the board elects to hold a hearing. No hearing is necessary to reject an application after notice, if the application is defective, the applicant fails to provide information requested by the board, or undisputed facts support the denial of the application and there is no disputed issue of material fact, unless the board elects to hold a hearing.

history: (History: Amended by Stats. 1997, Ch. 323, Sec. 16. Effective January 1, 1998.)

article: 2. Action on Application


citation: WAT § 1352

text: Upon failure of any party in interest to appear at a hearing or show good cause within five days thereafter for his failure, final action may be taken without further hearing.

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

article: 2. Action on Application


citation: WAT § 1353

text: In the conduct of hearings technical rules of evidence need not be applied.

article: 2. Action on Application


citation: WAT § 1375

text:
As prerequisite to the issuance of a permit to appropriate water the following facts must exist:

(a) There must be an applicant.

(b) The application must contain the matter and information prescribed by this division and be in the form required by the board.

(c) The intended use must be beneficial.

(d) There must be unappropriated water available to supply the applicant.

(e) All fees due must be paid.

chapter: 6. Permits

article: 1. Prerequisites to Issuance of Permit

path: 2. WATER > 6. Permits > 1. Prerequisites to Issuance of Permit


citation: WAT § 1380

text: Upon the approval of an application the board shall issue a permit.

article: 2. Issuance of Permit

path: 2. WATER > 6. Permits > 2. Issuance of Permit


citation: WAT § 1381

text: The issuance of a permit gives the right to take and use water only to the extent and for the purpose allowed in the permit.

article: 2. Issuance of Permit


citation: WAT § 1382

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

article: 2. Issuance of Permit


citation: WAT § 1390

text: A permit 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: 3. Permit Terms and Conditions

path: 2. WATER > 6. Permits > 3. Permit Terms and Conditions


citation: WAT § 1391

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

article: 3. Permit Terms and Conditions


citation: WAT § 1392

text: Every permittee, if he accepts a permit, 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 permit 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 permittee 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 permittee, or the possessor of any rights granted, issued, or acquired under the provisions of this division.

article: 3. Permit Terms and Conditions


citation: WAT § 1393

text: The board shall include as a condition in any permit under which a reservoir with an impounding capacity of 50 acre-feet or more is to be constructed, that the permittee shall clear the site of the proposed reservoir of all structures, trees, and other vegetation which would interfere with the use of the reservoir for water storage and recreatonal purposes.

history: (History: Added by Stats. 1959, Ch. 984.)

article: 3. Permit Terms and Conditions


citation: WAT § 1394

text:
(a) The board may reserve jurisdiction, in whole or in part, to amend, revise, supplement, or delete terms and conditions in a permit under either of the following circumstances:

(1) If the board finds that sufficient information is not available to finally determine the terms and conditions which will reasonably protect vested rights without resulting in waste of water or which will best develop, conserve, and utilize in the public interest the water sought to be appropriated, and that a period of actual operation or time for completion of studies will be necessary in order to secure the required information.

(2) If the application or applications being acted upon represent only part of a coordinated project, other applications for the project being pending, and the board finds that the coordinated project requires coordinated terms and conditions which cannot reasonably be decided upon until a decision is reached on the other pending applications.

(b) Jurisdiction shall be reserved under this section for no longer period of time than the board finds to be reasonably necessary, and in no case shall jurisdiction be exercised after the issuance of the license. The jurisdiction shall be exercised only after notice to the parties and a hearing.

history: (History: Amended by Stats. 1996, Ch. 659, Sec. 5. Effective January 1, 1997.)

article: 3. Permit Terms and Conditions


citation: WAT § 1395

text: Actual construction work upon any project shall begin within the time specified in the permit, which time shall not be less than 60 days from the date of the permit.

path: 2. WATER > 6. Permits > 4. Application to Beneficial Use and Construction of Works


citation: WAT § 1396

text: The construction of the work thereafter and the utilization of water for beneficial purposes shall be prosecuted with due diligence in accordance with this division, the terms of the permit, and the rules and regulations of the board.

article: 4. Application to Beneficial Use and Construction of Works


citation: WAT § 1397

text: The work shall be completed and the water applied to beneficial use in accordance with this division, the rules and regulations of the board, and the terms of the permit and within the period specified in the permit.


citation: WAT § 1398

text:
(a) The period specified in the permit for beginning construction work, for completion of construction work, for application of the water to beneficial use, or any or all of these periods may, for good cause shown, be extended by the board.

(b) After any hearing on a petition to extend the period or periods, the board may revoke the permit in accordance with Section 1410.

history: (History: Amended by Stats. 1986, Ch. 670, Sec. 2.)


citation: WAT § 1410

text:
(a) There shall be cause for revocation of a permit if the work is not commenced, prosecuted with due diligence, and completed or the water applied to beneficial use as contemplated in the permit and in accordance with this division and the rules and regulations of the board.

(b) A permit may be revoked upon request of the permittee or under either of the following procedures:

(1) If, after a hearing on a petition for extension of time to complete a project and apply water to beneficial use, the board finds that cause exists to revoke the permit, the board may revoke the permit.

(2) If, after an investigation other than a hearing on a petition for extension of time, it appears that cause exists to revoke a permit, the board shall give notice of proposed revocation in writing, mailed in a sealed, prepaid postage and certified letter to the permittee at his or her last known address. If the permittee fails to request a hearing with the time provided under Section 1410.1, the board shall revoke the permit and declare the water subject to appropriation. After a hearing, when a hearing is requested by the permittee pursuant to Section 1410.1, the board may, upon a finding that cause exists, revoke the permit and declare the water subject to appropriation.

history: (History: Amended by Stats. 2010, Ch. 288, Sec. 13. (SB 1169) Effective January 1, 2011.)

article: 5. Revocation of Permit

path: 2. WATER > 6. Permits > 5. Revocation of Permit


text:
The notice of proposed revocation of the permit pursuant to paragraph (2) of subdivision (b) of Section 1410 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 permittee 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 permit 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: Amended by Stats. 1986, Ch. 670, Sec. 5.)

article: 5. Revocation of Permit


text: In any case when a permit is revoked without a hearing, as provided in Section 1410.1, the permittee, 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 permit.

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

article: 5. Revocation of Permit


citation: WAT § 1425

text:
(a) Any person, whether or not an applicant, permittee, or licensee under provisions of this division other than this article, who has an urgent need to divert and use water may apply for, and the board may issue, a conditional, temporary permit without complying with other procedures or provisions of this division, but subject to all requirements of this article.

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

(1) The applicant has an urgent need for the water proposed to be diverted and used.

(2) The water may be diverted and used without injury to any lawful user of water.

(3) The water may be diverted and used without unreasonable effect upon fish, wildlife, or other instream beneficial uses.

(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, without injury to any lawful user of 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 diversion and use 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 an applicant’s need to be urgent if the board in its judgment concludes, if applicable, that the applicant has not exercised due diligence either (1) in making application for a permit pursuant to provisions of this division other than this article, or (2) in pursuing that application to permit.

(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. 5. (AB 658) Effective January 1, 2020.)

chapter: 6.5. Temporary Permits

article: 1. Temporary Urgency Permits

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


citation: WAT § 1426

text: The application for a temporary permit shall be completed in accordance with the provisions of Section 1260 and shall be accompanied by such maps, drawings, and other data as may be required by the board, and the applicant shall pay an application fee, and a permit fee if a temporary permit is issued, both computed in accordance with the provisions of Chapter 8 (commencing with Section 1525) of this part.

history: (History: Added by Stats. 1973, Ch. 536.)

article: 1. Temporary Urgency Permits


citation: WAT § 1427

text:
Before making the findings required by Section 1425, the board shall do all of the following:

(a) Review available records, files, and decisions that relate to the availability of water from the source at the proposed point of diversion to serve the proposed temporary diversion and use, and that relate to the rights of downstream users.

(b) Consult with representatives of the Department of Fish and Wildlife.

(c) Make a field investigation, if necessary or desirable in the opinion of the board.

history: (History: Amended by Stats. 2015, Ch. 683, Sec. 53. (SB 798) Effective January 1, 2016.)

article: 1. Temporary Urgency Permits