citation: WAT § 1728

text:
(a) The board shall review a petition for a temporary change of water rights in accordance with this section.

(b) The board shall approve a temporary change if it determines that a preponderance of the evidence shows both of the following:

(1) The proposed temporary change would not injure any legal user of the water, during any potential hydrologic condition that the board determines is likely to occur during the proposed change, through significant changes in water quantity, water quality, timing of diversion or use, consumptive use of the water, or reduction in return flows.

(2) The proposed temporary change would not unreasonably affect fish, wildlife, or other instream beneficial uses.

(c) The petitioner shall have the burden of establishing that a proposed temporary change would comply with paragraphs (1) and (2) of subdivision (b). If the board determines that that petitioner has established a prima facie case, the burden of proof shall shift to any party that has filed a comment pursuant to subdivision (f) of Section 1726 to prove that the proposed temporary change would not comply with paragraphs (1) and (2) of subdivision (b). The board may make a determination required by this subdivision without a hearing.

(d) In reviewing a petition for a temporary change, the board shall not modify any term or condition of the petitioner’s permit or license, including those terms that protect other legal users of water, fish, wildlife, and other instream beneficial uses, except as necessary to carry out the temporary change in accordance with this article.

(e) In applying the standards set forth in paragraphs (1) and (2) of subdivision (b), the board shall not deny, or place conditions on, a temporary change to avoid or mitigate impacts that are not caused by the temporary change. Neither the Department of Fish and Wildlife, nor any other state agency that comments on the proposed temporary change, shall propose conditions to mitigate effects on fish, wildlife, or other instream beneficial uses that are not caused by the proposed temporary change. This subdivision does not limit the board, the Department of Fish and Wildlife, or any other state agency, in proceedings pursuant to any provision of law other than this article.

(f) The board shall explain its decision on a petition in writing and provide copies of the decision to the petitioner, the Department of Fish and Wildlife, the board of supervisors of the county or counties in which the petitioner currently stores or uses the water subject to the petition, the board of supervisors of the county or counties to which the water is proposed to be transferred, the proposed transferee, and any party who has filed a written comment on the petition.

history: (History: Added by renumbering Section 1727 by Stats. 2022, Ch. 675, Sec. 5. (AB 2895) Effective January 1, 2023.)

article: 1. Temporary Changes


kind: section

code: WAT

citation: WAT § 1729

text: A proposed temporary change under this article shall be exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code.

history: (History: Repealed and added by Stats. 1988, Ch. 1145, Sec. 3.)

division: 2. WATER

article: 1. Temporary Changes

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


citation: WAT § 1731

text: Following the expiration of the temporary change period, all rights shall automatically revert to the original holder of the right without any action by the board.

history: (History: Added by Stats. 1988, Ch. 1145, Sec. 3.)

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

article: 1. Temporary Changes


citation: WAT § 1732

text: The petitioner shall not initiate or increase the use of groundwater to replace surface water transferred pursuant to this article, except in compliance with Sections 1745.10 and 1745.11.

history: (History: Repealed and added by Stats. 1999, Ch. 938, Sec. 13. Effective January 1, 2000.)

article: 1. Temporary Changes


citation: WAT § 1735

text: The board may consider a petition for a long-term transfer of water or water rights involving a change of point of diversion, place of use, or purpose of use. A long-term transfer shall be for any period in excess of one year.

article: 2. Long-Term Transfers

path: 2. WATER > 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water > 2. Long-Term Transfers


citation: WAT § 1736

text: The board, after providing notice and opportunity for a hearing, including, but not limited to, written notice to, and an opportunity for review and recommendation by, the Department of Fish and Wildlife, may approve such a petition for a long-term transfer where the change would not result in substantial injury to any legal user of water and would not unreasonably affect fish, wildlife, or other instream beneficial uses.

history: (History: Amended by Stats. 2015, Ch. 683, Sec. 61. (SB 798) Effective January 1, 2016.)

article: 2. Long-Term Transfers


citation: WAT § 1737

text: Following the expiration of the long-term transfer period, all rights shall automatically revert to the original holders of the right without any action by the board.

article: 2. Long-Term Transfers


citation: WAT § 1740

text: Any water right determined under a court decree issued pursuant to Chapter 3 (commencing with Section 2500) of Part 3 shall be transferable pursuant to this chapter and Chapter 10 (commencing with Section 1700). The court having the appropriate jurisdiction over the decreed rights may enter a supplemental decree modifying any rights involved upon motion of the board or any party with a vested water right.

history: (History: Amended by Stats. 2013, Ch. 634, Sec. 1. (AB 426) Effective January 1, 2014.)

article: 3. Transfer of Decreed Rights

path: 2. WATER > 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water > 3. Transfer of Decreed Rights


citation: WAT § 1745

text:
As used in this article, the following terms have the following meanings:

(a) “Person” includes a public agency.

(b) “Water supplier” means a local public agency or private company supplying or storing water, or a mutual water company.

history: (History: Added by Stats. 1992, Ch. 481, Sec. 1. Effective January 1, 1993.)

article: 4. Water Supplier Contracts

path: 2. WATER > 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water > 4. Water Supplier Contracts


text: A water supplier may, for a consideration to be specified in the contract, contract with persons entitled to service within the supplier’s service area to reduce or eliminate for a specified period of time their use of water supplied by the water supplier.

article: 4. Water Supplier Contracts


text: Services performed under a contract entered into pursuant to this chapter or Chapter 3.6 (commencing with Section 380) of Division 1 which is offered generally to all persons entitled to water service from the water supplier are public services generally provided by the public agency for purposes of paragraph (3) of subdivision (a) of Section 1091.5 of the Government Code.

article: 4. Water Supplier Contracts


text: A water supplier may contract with a state drought water bank or with any other state or local water supplier or user inside or outside the service area of the water supplier to transfer, or store as part of a transfer, water if the water supplier has allocated to the water users within its service area the water available for the water year, and no other user will receive less than the amount provided by that allocation or be otherwise unreasonably adversely affected without that user’s consent.

history: (History: Amended by Stats. 1993, Ch. 184, Sec. 1. Effective January 1, 1994.)

article: 4. Water Supplier Contracts


text:
(a) Water stored by the water supplier and water made available from either of the following sources may be transferred by the water supplier pursuant to Section 1745.04:

(1) Conservation or alternate water supply measures taken by individual water users or by the water supplier.

(2) Water developed pursuant to a contract by a water user to reduce water use below the user’s allocation or to eliminate the use of water during the water year, including a contract to grow crops without the use of water from the water supplier, to fallow land, or to undertake other action to reduce or eliminate water use.

(b) The amount of water made available by land fallowing may not exceed 20 percent of the water that would have been applied or stored by the water supplier in the absence of any contract entered into pursuant to this article in any given hydrological year, unless the agency approves, following reasonable notice and a public hearing, a larger percentage.

history: (History: Amended by Stats. 1993, Ch. 589, Sec. 188. Effective January 1, 1994.)

article: 4. Water Supplier Contracts


text: A water supplier may transfer water pursuant to Section 1745.04 whether or not the water proposed to be transferred is surplus to the needs within the service area of the water supplier.

article: 4. Water Supplier Contracts


text: No transfer of water pursuant to this article or any other provision of law shall cause a forfeiture, diminution, or impairment of any water rights. A transfer that is approved pursuant to this article or any other provision of law is deemed to be a beneficial use by the transferor under this code.

article: 4. Water Supplier Contracts


text: This article is in addition to, and not a limitation on, the authority of any public agency under any other provision of law, including, but not limited to, Article 1 (commencing with Section 1725).

article: 4. Water Supplier Contracts


text:
Nothing in this article does any of the following:

(a) Creates in any person a right to require any water supplier to enter into a contract providing for the reduction or elimination of water use or for the transfer of water.

(b) Creates in any person reducing water use any interest in the water rights of the water supplier.

(c) Limits or otherwise affects the jurisdiction of any regulatory public agency over water transfers.

(d) Makes any change in existing water rights.

article: 4. Water Supplier Contracts


text:
A water user that transfers surface water pursuant to this article may not replace that water with groundwater unless the groundwater use is either of the following:

(a) Consistent with a groundwater management plan adopted pursuant to state law for the affected area.

(b) Approved by the water supplier from whose service area the water is to be transferred and that water supplier, if a groundwater management plan has not been adopted, determines that the transfer will not create, or contribute to, conditions of long-term overdraft in the affected groundwater basin.

article: 4. Water Supplier Contracts


text: Nothing in this article prohibits the transfer of previously recharged groundwater from an overdrafted groundwater basin or the replacement of transferred surface water with groundwater previously recharged into an overdrafted groundwater basin, if the recharge was part of a groundwater banking operation carried out by direct recharge, by delivery of surface water in lieu of groundwater pumping, or by other means, for storage and extraction.

history: (History: Amended by Stats. 1995, Ch. 833, Sec. 1.5. Effective January 1, 1996.)

article: 4. Water Supplier Contracts


citation: WAT § 1750

text: As used in this chapter “works” includes dams, tunnels, diversion works, ditches, and other works or constructions.

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

chapter: 11. Joint Use and Development

article: 1. General Provisions

path: 2. WATER > 11. Joint Use and Development > 1. General Provisions


citation: WAT § 1751

text: As used in this chapter “power” includes electricity, electrical power, and other power.

article: 1. General Provisions


citation: WAT § 1752

text: The board shall determine the pro rata and other costs provided for in this chapter.

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

article: 1. General Provisions


citation: WAT § 1775

text: If at any time it appears to the board, after a hearing of the persons interested and an investigation, that the full capacity of the works built or constructed, or being built or constructed, under an appropriation of water made pursuant to the Water Commission Act or this code has not developed or cannot develop the full capacity of the stream at the point where the works have been or are being built or constructed, and that the holder of the appropriation will not or cannot, within a period deemed to be reasonable by the board, develop the stream at that point to such capacity as the board deems to be required by the public good, the board may permit the joint occupancy and use, with the holder of the appropriation, to the extent necessary to develop the stream to its full capacity or to such portion of its capacity as may appear to the board to be advisable, by any persons applying therefor, of any such works.

article: 2. Joint Occupancy and Use

path: 2. WATER > 11. Joint Use and Development > 2. Joint Occupancy and Use


citation: WAT § 1776

text: The board shall take into consideration the reasonable cost of the original and new work, the good faith of the applicant, the market for water or power to be supplied by the original and the new work, and the income or use that may be required to provide fair and reasonable returns upon such cost.

article: 2. Joint Occupancy and Use


citation: WAT § 1777

text: The applicant shall be required to pay to the person owning the works a pro rata portion of the total cost of the old and the new works.

article: 2. Joint Occupancy and Use


citation: WAT § 1778

text: If the water is used or to be used for irrigation or domestic purposes, the pro rata portion of the cost shall be based upon the proportion of the water used by the original and the subsequent users of the works.

article: 2. Joint Occupancy and Use


citation: WAT § 1779

text: If the water is used or to be used for the generation of power, the pro rata portion of the cost shall be based upon the relative amount of power capable of being developed by the original and the new works.

article: 2. Joint Occupancy and Use


citation: WAT § 1780

text: If a portion of the water is used or to be used for irrigation and another portion is used or to be used for the generation of power, the applicant shall pay to the person owning the works a pro rata portion of the total cost of the old and new works based upon the proportion of the relative amount of water used by each joint occupant and the income derived by each from the joint occupancy.

article: 2. Joint Occupancy and Use


citation: WAT § 1781

text: If any of the water is used or to be used for purposes other than those specified in this article, the applicant shall pay to the person owning the works such a pro rata portion of the total cost of the old and new works as appears to the board to be just and equitable.

article: 2. Joint Occupancy and Use


citation: WAT § 1782

text: The applicant shall also pay a proper pro rata share, based as above provided in this article, of the cost of maintaining the works, on and after beginning the occupancy and use thereof.

article: 2. Joint Occupancy and Use


citation: WAT § 1800

text: If it appears to the board that the full capacity of the works built or constructed, or being built or constructed, under an appropriation of water under the Water Commission Act or this code, will not develop the full capacity of the stream at that point, and that the public good requires it, and the board specifically so finds after investigation and hearing of the persons interested, the board may permit any person to repair, improve, add to, supplement, or enlarge, at his own expense, any works already so built or constructed or in process of being so built or constructed under the provisions of this division, and to use the works jointly with the owners thereof.

path: 2. WATER > 11. Joint Use and Development > 3. Enlargement of Existing Works of Another


citation: WAT § 1801

text: The repairing, improving, adding to, supplementing, or enlarging of works under this article, shall not materially interfere with the proper use thereof by the owner of the works nor materially injure the works.

article: 3. Enlargement of Existing Works of Another


citation: WAT § 1810

text:
Notwithstanding any other provision of law, neither the state, nor any regional or local public agency may deny a bona fide transferor of water the use of a water conveyance facility which has unused capacity, for the period of time for which that capacity is available, if fair compensation is paid for that use, subject to the following:

(a) Any person or public agency that has a long-term water service contract with or the right to receive water from the owner of the conveyance facility shall have the right to use any unused capacity prior to any bona fide transferor.

(b) The commingling of transferred water does not result in a diminution of the beneficial uses or quality of the water in the facility, except that the transferor may, at the transferor’s own expense, provide for treatment to prevent the diminution, and the transferred water is of substantially the same quality as the water in the facility.

(c) Any person or public agency that has a water service contract with or the right to receive water from the owner of the conveyance facility who has an emergency need may utilize the unused capacity that was made available pursuant to this section for the duration of the emergency.

(d) This use of a water conveyance facility is to be made without injuring any legal user of water and without unreasonably affecting fish, wildlife, or other instream beneficial uses and without unreasonably affecting the overall economy or the environment of the county from which the water is being transferred.

history: (History: Added by Stats. 1986, Ch. 918, Sec. 2.)

path: 2. WATER > 11. Joint Use and Development > 4. Joint Use of Capacity in Water Conveyance Facilities


citation: WAT § 1811

text:
As used in this article, the following terms shall have the following meanings:

(a) “Bona fide transferor” means a person or public agency as defined in Section 20009 of the Government Code with a contract for sale of water that may be conditioned upon the acquisition of conveyance facility capacity to convey the water that is the subject of the contract.

(b) “Emergency” means a sudden occurrence such as a storm, flood, fire, or an unexpected equipment outage impairing the ability of a person or public agency to make water deliveries.

(c) “Fair compensation” means the reasonable charges incurred by the owner of the conveyance system, including capital, operation, maintenance, and replacement costs, increased costs from any necessitated purchase of supplemental power, and including reasonable credit for any offsetting benefits for the use of the conveyance system.

(d) “Replacement costs” mean the reasonable portion of costs associated with material acquisition for the correction of irreparable wear or other deterioration of conveyance facility parts that have an anticipated life that is less than the conveyance facility repayment period and which costs are attributable to the proposed use.

(e) “Unused capacity” means space that is available within the operational limits of the conveyance system and that the owner is not using during the period for which the transfer is proposed and which space is sufficient to convey the quantity of water proposed to be transferred.

history: (History: Amended by Stats. 1998, Ch. 485, Sec. 161. Effective January 1, 1999.)

article: 4. Joint Use of Capacity in Water Conveyance Facilities


citation: WAT § 1812

text:
The state, regional, or local public agency owning the water conveyance facility shall in a timely manner determine the following:

(a) The amount and availability of unused capacity.

(b) The terms and conditions, including operation and maintenance requirements and scheduling, quality requirements, term or use, priorities, and fair compensation.


citation: WAT § 1813

text: In making the determinations required by this article, the respective public agency shall act in a reasonable manner consistent with the requirements of law to facilitate the voluntary sale, lease, or exchange of water and shall support its determinations by written findings. In any judicial action challenging any determination made under this article the court shall consider all relevant evidence, and the court shall give due consideration to the purposes and policies of this article. In any such case the court shall sustain the determination of the public agency if it finds that the determination is supported by substantial evidence.


citation: WAT § 1814

text: This article shall apply to only 70 percent of the unused capacity.


citation: WAT § 1815

text:
(a) Notwithstanding Section 1810, a transferor of water shall not use a water conveyance facility that has unused capacity to transfer water from a groundwater basin underlying desert lands that is in the vicinity of a national monument, a national preserve, a national park, a state or federal wilderness area, or state lands to outside of the groundwater basin unless the State Lands Commission, in consultation with the Department of Fish and Wildlife and the department, finds, upon receipt of an application pursuant to subdivision (b), that the transfer of the water will not adversely affect the natural or cultural resources, including groundwater resources or habitat, of those federal or state lands.

(b) (1) Before using a water conveyance facility that has unused capacity to transfer water from a groundwater basin underlying desert lands, a transferor of water shall submit an application to the State Lands Commission for review of the proposed transfer. The application shall include, at a minimum, both of the following:

(A) The names of the transferor and the owner of the water conveyance facility.

(B) Data and reports pertinent to making the finding described in this section.

(2) (A) The State Lands Commission shall review an application submitted pursuant to paragraph (1) and, within 15 months of receipt of the application and in consultation with the Department of Fish and Wildlife and the department, shall make a written finding, available to the public, on whether the proposed transfer will not adversely affect the natural or cultural resources, including groundwater resources or habitat, of the federal or state lands described in subdivision (a).

(B) If the State Lands Commission, in consultation with the Department of Fish and Wildlife and the department, determines that it cannot make a finding pursuant to subparagraph (A) within 15 months, the commission may extend the date by which the commission is required to make the finding to no later than 24 months from the date of receipt of the application. If it determines an extension pursuant to this subparagraph is needed, the commission shall make its justifications for the extension and an approximate timeline for the duration of the extension available to the public.

(c) In making the finding described in this section, the State Lands Commission shall review all available scientific information, including peer-reviewed and published studies, in consultation with the Department of Fish and Wildlife and the department.

(d) If the State Lands Commission finds that a proposed transfer of water underlying desert lands will not adversely affect the natural or cultural resources of state or federal lands, the commission shall require the transferor of water to report, on an annual basis, to the commission information, as the commission may define, on the condition of the groundwater basin.

(e) For purposes of this section, “desert lands” means the portion of California located within the following area:

Beginning at Interstate 15 and the intersection of the range line between Ranges 5 and 6 East, Township 11 North, San Bernardino Baseline and Meridian, southerly along those range lines to the intersection with Interstate 40 in Township 8 North, San Bernardino Baseline and Meridian;

Thence easterly along Interstate 40 to the intersection of Interstate 40 and the range lines between Ranges 12 and 13 East, Township 7 North, San Bernardino Baseline and Meridian;

Thence southerly along the range lines between Ranges 12 and 13 East to the intersection with State Highway Route 62 in Township 1 South, San Bernardino Baseline and Meridian;

Thence easterly along State Highway Route 62 to the intersection with United States Highway 95;

Thence northerly along United States Highway 95 to the California-Nevada boundary;

Thence northerly along the California-Nevada boundary to Interstate 15;

Thence westerly along Interstate 15 to the point of beginning.

history: (History: Added by Stats. 2019, Ch. 169, Sec. 2. (SB 307) Effective January 1, 2020.)


citation: WAT § 1825

text: It is the intent of the Legislature that the state take vigorous action to enforce the terms and conditions of permits, licenses, certifications, and registrations to appropriate water, to enforce state board orders and decisions, and to prevent the unlawful diversion of water.

history: (History: Amended by Stats. 2018, Ch. 92, Sec. 215. (SB 1289) Effective January 1, 2019.)

chapter: 12. Enforcement of Water Rights

article: 1. Policy

path: 2. WATER > 12. Enforcement of Water Rights > 1. Policy


citation: WAT § 1831

text:
(a) When the board determines that any person is violating, or threatening to violate, any requirement described in subdivision (d), the board may issue an order to that person to cease and desist from that violation.

(b) The cease and desist order shall require that person to comply forthwith or in accordance with a time schedule set by the board.

(c) The board may issue a cease and desist order only after notice and an opportunity for hearing pursuant to Section 1834.

(d) The board may issue a cease and desist order in response to a violation or threatened violation of any of the following:

(1) The prohibition set forth in Section 1052 against the unauthorized diversion or use of water subject to this division.

(2) Any term or condition of a permit, license, certification, or registration issued under this division.

(3) Any decision or order of the board issued under this part, Section 275, Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, or Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, in which decision or order the person to whom the cease and desist order will be issued, or a predecessor in interest to that person, was named as a party directly affected by the decision or order.

(4) A regulation adopted by the board.

(5) Any extraction restriction, limitation, order, or regulation adopted or issued under Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6.

(6) Any diversion or use of water for cannabis cultivation if any of paragraphs (1) to (5), inclusive, or any of the following applies:

(A) A license is required, but has not been obtained, under Chapter 6 (commencing with Section 26060) of, or Chapter 7 (commencing with Section 26070) of, Division 10 of the Business and Professions Code.

(B) The diversion is not in compliance with an applicable limitation or requirement established by the board or the Department of Fish and Wildlife under Section 13149.

(C) The diversion or use is not in compliance with a requirement imposed under paragraphs (1) and (2) of subdivision (b) of Section 26060.1 of, and paragraph (3) of subdivision (a) of Section 26070 of, the Business and Professions Code.

(7) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1.

(e) This article does not alter the regulatory authority of the board under other provisions of law.

history: (History: Amended by Stats. 2023, Ch. 51, Sec. 28. (SB 122) Effective July 10, 2023.)

article: 2. Cease and Desist Orders

path: 2. WATER > 12. Enforcement of Water Rights > 2. Cease and Desist Orders


citation: WAT § 1832

text: Cease and desist orders of the board shall be effective upon the issuance thereof. The board may, after notice and opportunity for hearing, upon its own motion or upon receipt of an application from an aggrieved person, modify, revoke, or stay in whole or in part any cease and desist order issued pursuant to this chapter.

history: (History: Amended by Stats. 2002, Ch. 652, Sec. 7. Effective January 1, 2003.)

article: 2. Cease and Desist Orders


citation: WAT § 1834

text:
(a) In the event that a violation of a requirement described in subdivision (d) of Section 1831 is occurring or threatening to occur, the board shall give notice by personal notice, certified mail, in accordance with the manner of service of a summons under Article 3 (commencing with Section 415.10) of, and Article 4 (commencing with Section 416.10) of, Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure, or by any method of physical delivery that provides a receipt pursuant to which the party shall be informed that they may request a hearing not later than 20 days from the date on which the notice is received. The notice shall contain a statement of facts and information that would tend to show the proscribed action, and notification of the requirements of subdivision (b). For purposes of this subdivision, “physical delivery that provides a receipt” includes physical delivery methods that provide electronic confirmation of delivery to the intended address.

(b) Unless a written request for a hearing signed by or on behalf of the notified party is delivered to or received by mail by the board within 20 days after receipt of the notice, the board may adopt a cease and desist order, based on the statement of facts and information set forth in the notice, without a hearing.

history: (History: Amended by Stats. 2023, Ch. 158, Sec. 4. (SB 756) Effective January 1, 2024.)

article: 2. Cease and Desist Orders


citation: WAT § 1835

text: As used in this chapter, “person” includes any city, county, district, the state, or any department or agency thereof, and the United States to the extent authorized by law.

history: (History: Added by Stats. 1980, Ch. 933, Sec. 13.)

article: 2. Cease and Desist Orders


citation: WAT § 1836

text: Nothing in this chapter shall preclude the board from issuing any order or taking any other action authorized pursuant to Sections 275 and 1052.

article: 2. Cease and Desist Orders


citation: WAT § 1840

text:
(a) (1) Except as provided in subdivision (b), a person who, on or after January 1, 2016, diverts 10 acre-feet of water per year or more under a permit or license shall install and maintain a device or employ a method capable of measuring the rate of direct diversion, rate of collection to storage, and rate of withdrawal or release from storage. The measurements shall be made using the best available technologies and best professional practices, as defined in Section 5100, using a device or methods satisfactory to the board, as follows:

(A) A device shall be capable of continuous monitoring of the rate and quantity of water diverted and shall be properly maintained. The permittee or licensee shall provide the board with evidence that the device has been installed with the first report submitted after installation of the device. The permittee or licensee shall provide the board with evidence demonstrating that the device is functioning properly as part of the reports submitted at five-year intervals after the report documenting installation of the device, or upon request of the board.

(B) In developing regulations pursuant to Section 1841, the board shall consider devices and methods that provide accurate measurement of the total amount diverted and the rate of diversion. The board shall consider devices and methods that provide accurate measurements within an acceptable range of error, including the following:

(i) Electricity records dedicated to a pump and recent pump test.

(ii) Staff gage calibrated with an acceptable streamflow rating curve.

(iii) Staff gage calibrated for a flume or weir.

(iv) Staff gage calibrated with an acceptable storage capacity curve.

(v) Pressure transducer and acceptable storage capacity curve.

(2) The permittee or licensee shall maintain a record of all diversion monitoring that includes the date, time, and diversion rate at time intervals of one hour or less, and the total amount of water diverted. These records shall be included with reports submitted under the permit or license, as required under subdivision (c), or upon request of the board.

(b) (1) The board may modify the requirements of subdivision (a) upon finding either of the following:

(A) That strict compliance is infeasible, is unreasonably expensive, would unreasonably affect public trust uses, or would result in the waste or unreasonable use of water.

(B) That the need for monitoring and reporting is adequately addressed by other conditions of the permit or license.

(2) The board may increase the 10-acre-foot reporting threshold of subdivision (a) in a watershed or subwatershed, after considering the diversion reporting threshold in relation to quantity of water within the watershed or subwatershed. The board may increase the 10-acre-foot reporting threshold to 25 acre-feet or above if it finds that the benefits of the additional information within the watershed or subwatershed are substantially outweighed by the cost of installing measuring devices or employing methods for measurement for diversions at the 10-acre-foot threshold.

(c) At least annually, a person who diverts water under a registration, permit, or license shall report to the board the following information:

(1) The quantity of water diverted by month.

(2) The maximum rate of diversion by months in the preceding calendar year.

(3) The information required by subdivision (a), if applicable.

(4) The amount of water used, if any, for cannabis cultivation.

(d) Compliance with the applicable requirements of this section is a condition of every registration, permit, or license.

history: (History: Amended by Stats. 2016, Ch. 32, Sec. 98. (SB 837) Effective June 27, 2016.)

article: 3. Monitoring and Reporting

path: 2. WATER > 12. Enforcement of Water Rights > 3. Monitoring and Reporting


citation: WAT § 1841

text:
(a) The board may adopt regulations requiring measurement and reporting of water diversion and use by either of the following:

(1) Persons authorized to appropriate water under a permit, license, registration for small domestic, small irrigation, or livestock stockpond use, or certification for livestock stockpond use.

(2) Persons required to comply with measurement and reporting regulations pursuant to subparagraph (B) of paragraph (1) of subdivision (e) of Section 5103.

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

(c) The adoption of the initial regulations pursuant to this article is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code.

history: (History: Added by Stats. 2015, Ch. 27, Sec. 15. (SB 88) Effective June 24, 2015.)

article: 3. Monitoring and Reporting


text:
(a) For the purposes of a device installed pursuant to Section 1840 or 1841 or a method of measurement proposed and adopted pursuant to Section 934 or 935 of Title 23 of the California Code of Regulations, any diverter who has completed an instructional course regarding the devices or measurement method included in the course administered by the University of California Cooperative Extension, including passage of a proficiency test before the completion of the course, shall be considered a qualified individual when installing and maintaining devices or implementing methods of measurement that were taught in the course for the diverter’s diversion. The proficiency test shall seek to certify that the diverter has a satisfactory understanding of the principles of measurement and the use of a measurement method included in the course or the installation of a device. The University of California Cooperative Extension and the board shall develop the curriculum of the course and the proficiency test. The University of California Cooperative Extension and the board shall ensure the course curriculum and the proficiency test do not conflict with any state licensing acts.

(b) For purposes of this section, “diverter” means an individual authorized to divert water under a valid water right, a lessee of property that is subject to a water right who is acting as a representative of the water right holder, or a bona fide employee of the water right holder or lessee.

history: (History: Amended by Stats. 2022, Ch. 221, Sec. 1. (SB 880) Effective January 1, 2023.)

article: 3. Monitoring and Reporting


citation: WAT § 1845

text:
(a) Upon the failure of any person to comply with a cease and desist order issued by the board pursuant to this chapter, the Attorney General, upon the request of the board, shall petition the superior court for the issuance of prohibitory or mandatory injunctive relief as appropriate, including a temporary restraining order, preliminary injunction, or permanent injunction.

(b) (1) A person or entity who violates a cease and desist order issued pursuant to this chapter may be liable in an amount not to exceed the following:

(A) If the violation occurs in a critically dry year immediately preceded by two or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions, ten thousand dollars ($10,000) for each day in which the violation occurs.

(B) If the violation is not described by subparagraph (A), two thousand five hundred dollars ($2,500) for each day in which the violation occurs.

(2) Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums.

(3) Civil liability may be imposed administratively by the board pursuant to Section 1055.

history: (History: Amended by Stats. 2024, Ch. 342, Sec. 2. (AB 460) Effective January 1, 2025.)

article: 4. Enforcement

path: 2. WATER > 12. Enforcement of Water Rights > 4. Enforcement


citation: WAT § 1846

text:
(a) A person or entity may be liable for a violation of any of the following in an amount not to exceed one thousand dollars ($1,000) for each day in which the violation occurs:

(1) A term or condition of a permit, license, certificate, or registration issued under this division.

(2) A regulation or order adopted by the board.

(3) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1.

(b) For a violation described in paragraph (2) of subdivision (a) that constitutes the diversion of water contrary to a curtailment order adopted by the board, a person or entity may be liable in an amount not to exceed the following:

(1) Ten thousand dollars ($10,000) for each day in which the violation occurs.

(2) Two thousand five hundred dollars ($2,500) for each acre-foot of water diverted in violation of the curtailment order, beginning on the first day on which the violation occurs.

(c) Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums.

(d) Civil liability may be imposed administratively by the board pursuant to Section 1055.

history: (History: Amended by Stats. 2024, Ch. 342, Sec. 3. (AB 460) Effective January 1, 2025.)

article: 4. Enforcement


text:
(a) An urban retail water supplier who commits any of the violations identified in subdivision (b) may be liable in an amount not to exceed the following, as applicable:

(1) If the violation occurs in a critically dry year immediately preceded by two or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions, ten thousand dollars ($10,000) for each day in which the violation occurs.

(2) For all violations other than those described in paragraph (1), one thousand dollars ($1,000) for each day in which the violation occurs.

(b) Liability pursuant to this section may be imposed for any of the following violations:

(1) Violation of an order issued under Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6.

(2) Violation of a regulation issued under Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6, if the violation occurs after November 1, 2027.

(c) Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums.

(d) Civil liability may be imposed administratively by the board pursuant to Section 1055.

history: (History: Added by Stats. 2018, Ch. 15, Sec. 3. (AB 1668) Effective January 1, 2019.)

article: 4. Enforcement


citation: WAT § 1847

text:
(a) A person or entity may be liable for a violation of any of the requirements of subdivision (b) in an amount not to exceed the sum of the following:

(1) Five hundred dollars ($500), plus two hundred fifty dollars ($250) for each additional day on which the violation continues if the person fails to correct the violation within 30 days after the board has called the violation to the attention of that person.

(2) Two thousand five hundred dollars ($2,500) for each acre-foot of water diverted or used in violation of the applicable requirement.

(b) Liability may be imposed for any of the following violations:

(1) Violation of a principle, guideline, or requirement established by the board or the Department of Fish and Wildlife under Section 13149.

(2) Failure to submit information, or making a material misstatement in information submitted, under Section 26060.1 of the Business and Professions Code.

(3) Violation of any requirement imposed under subdivision (b) of Section 26060.1 of the Business and Professions Code.

(4) Diversion or use of water for cannabis cultivation for which a license is required, but has not been obtained, under Chapter 6 (commencing with Section 26060) or Chapter 7 (commencing with Section 26070) of Division 10 of the Business and Professions Code.

(c) Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums.

(d) Civil liability may be imposed administratively by the board pursuant to Section 1055.

history: (History: Amended by Stats. 2017, Ch. 27, Sec. 176. (SB 94) Effective June 27, 2017.)

article: 4. Enforcement


citation: WAT § 1848

text:
(a) Except as provided in subdivisions (b) and (c), remedies under this chapter are in addition to, and do not supersede or limit, any other remedy, civil or criminal.

(b) Civil liability shall not be imposed both administratively and by the superior court for the same violation.

(c) No liability shall be recoverable under Section 1846 or 1847 for a violation for which liability is recovered under Section 1052.

(d) In determining the appropriate amount, the court, or the board, as the case may be, shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, and the corrective action, if any, taken by the violator.

(e) All funds recovered pursuant to this article shall be deposited in the Water Rights Fund established pursuant to Section 1550.

history: (History: Added by Stats. 2016, Ch. 32, Sec. 102. (SB 837) Effective June 27, 2016.)

article: 4. Enforcement


citation: WAT § 1850

text: Any factual or legal determinations made pursuant to a cease and desist order shall be conclusive and shall preclude any party to the order from raising those issues in any subsequent administrative proceeding.

history: (History: Amended by Stats. 2002, Ch. 652, Sec. 11. Effective January 1, 2003.)

article: 5. Private Litigation

path: 2. WATER > 12. Enforcement of Water Rights > 5. Private Litigation


citation: WAT § 1851

text: Nothing in this chapter shall be construed to limit or abridge the right of any person to bring an action for equitable or legal relief for harm caused by an unauthorized diversion or a violation of a term or condition of a permit or license. No such person shall be required to exhaust any administrative remedy provided by this chapter before bringing such an action.

article: 5. Private Litigation


citation: WAT § 2000

text: In any suit brought in any court of competent jurisdiction in this State for determination of rights to water, the court may order a reference to the board, as referee, of any or all issues involved in the suit.

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

chapter: 1. Reference by Courts of This State

article: 1. Subjects of Reference

path: 2. WATER > 1. Reference by Courts of This State > 1. Subjects of Reference


citation: WAT § 2001

text: In any suit brought in any court of competent jurisdiction in this State for determination of rights to water, the court may refer the suit to the board for investigation of and report upon any or all of the physical facts involved.

article: 1. Subjects of Reference


citation: WAT § 2010

text: The board may base its report solely upon its own investigations or in addition thereto may hold hearings and take testimony.

article: 2. Report of Referee

path: 2. WATER > 1. Reference by Courts of This State > 2. Report of Referee


citation: WAT § 2011

text: The report of the board as referee may contain such opinion upon the law and the facts as it deems proper in view of the issues submitted.

article: 2. Report of Referee


citation: WAT § 2012

text: The report shall set forth such findings of fact and conclusions of law as may be required by the court’s order of reference.

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

article: 2. Report of Referee


citation: WAT § 2013

text: Before filing its report the board shall announce it in the form of a draft.

article: 2. Report of Referee


citation: WAT § 2014

text: The board shall mail notice of the draft, together with a copy of the draft, to the parties or their attorneys.

article: 2. Report of Referee


citation: WAT § 2015

text: Within 30 days after the date of the mailing of the draft, or within such further time as the court may for good cause allow, any party may file objections to it with the board.

history: (History: Amended by Stats. 1961, Ch. 132.)

article: 2. Report of Referee


citation: WAT § 2016

text: After the objections have been considered by the board or a hearing has been held thereon if deemed advisable by it, the board shall file its report as referee with the clerk of the court and give notice by mail of the filing of its report to the parties or their attorneys.

article: 2. Report of Referee


citation: WAT § 2017

text: The report of the board as referee is subject to review by the court upon exceptions thereto filed with the clerk of the court within 30 days after date of mailing notice of the filing of the report.

article: 2. Report of Referee


citation: WAT § 2018

text: No exception to the report shall be considered, except in the court’s discretion or for good cause shown, unless it appears that the matter of the exception was presented to the board in the form of an objection.

article: 2. Report of Referee


citation: WAT § 2019

text: The report filed by the board is prima facie evidence of the physical facts therein found; but the court shall hear such evidence as may be offered by any party to rebut the report or the prima facie evidence.

article: 2. Report of Referee


citation: WAT § 2020

text:
(a) At any time after filing of the report by the board as provided in Section 2016 the board, if it appears that underground water is being pumped in an amount which, if not restricted, would destroy or irreparably injure the waters of the basin due to ocean water intrusion before final judgment can be had, may, on notice, pursuant to the provisions of Section 527 of the Code of Civil Procedure, apply to the court for a preliminary injunction, restricting the pumping of water of the basin so as to avoid irreparable injury to, or destruction of, the waters of the basin, and the court may issue the injunction, subject to the provisions of Section 2021, equitably restricting and apportioning the reduction in the pumping of water.

(b) The provisions of this section apply only to actions to determine rights to waters of underground basins located in the arid, southern coastal area defined by the exterior boundaries of the Counties of Santa Barbara, Ventura, Los Angeles, Orange, and San Diego.

history: (History: Amended by Stats. 1982, Ch. 517, Sec. 403.)

article: 2. Report of Referee


citation: WAT § 2021

text: Where a preliminary injunction has been granted pursuant to Section 2020, the final judgment shall equitably compensate in quantities of water for such variations as there may be between the rights of the parties to the use of water on which such preliminary injunction is based, and as such rights are determined in such final judgment.

history: (History: Added by Stats. 1953, Ch. 1690.)

article: 2. Report of Referee


citation: WAT § 2040

text: In acting pursuant to this chapter the board shall not be entitled to any fee for its services but shall be paid or reimbursed the total expense incurred by it, including salaries, wages, traveling expenses, and all costs of whatsoever character which are properly chargeable to the reference.

article: 3. Expenses of Reference

path: 2. WATER > 1. Reference by Courts of This State > 3. Expenses of Reference


citation: WAT § 2041

text: If the funds available for use by the board are inadequate to permit it to advance the expense of a reference, or if in its opinion the payment of the expense of any reference is not reasonably certain, the board shall refuse to undertake a reference unless and until adequate provision is made by the parties and approved by the court for the payment of the expenses.

article: 3. Expenses of Reference


citation: WAT § 2042

text: During the pendency of any reference, upon motion of the board and upon a hearing by the court after at least 10 days’ notice to the parties, the court may order such interim or partial payments of the expense to be made by the parties as it deems proper and equitable under the circumstances.

article: 3. Expenses of Reference


citation: WAT § 2043

text: The total expense shall be equitably apportioned by the board against the parties to the suit, and a statement thereof and of the apportionment shall be sent by registered mail by the board to the parties and filed with the court.

article: 3. Expenses of Reference


citation: WAT § 2045

text: Upon application in writing by any party aggrieved within 30 days after the statement of final expense and its apportionment has been mailed to the parties, the court shall after expiration of that period set a hearing for the determination of any objections to the expense of the reference or to the apportionment thereof. The clerk of the court shall, at least 10 days prior to the date of hearing, give notice thereof by mail to all parties.

history: (History: Amended by Stats. 1955, Ch. 631.)

article: 3. Expenses of Reference


citation: WAT § 2046

text: Any party failing to object to the expense of a reference or the apportionment thereof is conclusively deemed to have waived all objection thereto.

article: 3. Expenses of Reference


citation: WAT § 2047

text: If no objection is filed with the court within the prescribed period, the court upon ex parte application of the board shall enter a judgment against the parties in favor of the board in the amounts apportioned to them.

history: (History: Amended by Stats. 1963, Ch. 329.)

article: 3. Expenses of Reference


citation: WAT § 2048

text: Upon the hearing of objections to the expense or the apportionment thereof the court shall determine the expense and its apportionment as the court deems equitable and shall enter judgment against the parties in favor of the board in the amounts apportioned to them.

article: 3. Expenses of Reference


citation: WAT § 2075

text: In case suit is brought in a federal court for determination of rights to water within, or partially within, this State, the board may accept a reference of such suit as master or referee for the court.

chapter: 2. References in Federal Courts

path: 2. WATER > 2. References in Federal Courts


citation: WAT § 2076

text: In acting under this chapter the board shall proceed according to the rules of practice and procedure of the court or as otherwise directed by the court.


citation: WAT § 2100

text: After the department has submitted to the board recommendations for the protection of the quality of ground water pursuant to Section 12617.1 or 12923.1 of this code, or in reliance upon investigation by any governmental agency, the board may file an action in the superior court to restrict pumping, or to impose physical solutions, or both, to the extent necessary to prevent destruction of or irreparable injury to the quality of such water. In such action, all of the claimants to the use of the affected water known to the board, except claimants to the use of minor quantities of water as defined in Section 2102, shall be named as defendants. In any watershed or ground water basin wherein (a) all or substantially all of the rights to water have been adjudicated and the court has retained continuing jurisdiction arising from the adjudication, or (b) wherein such action is pending, any such proceedings by the board shall be undertaken only by intervention by the board in such existing action.

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

path: 2. WATER > 2.5. Adjudications to Protect the Quality of Ground Water


citation: WAT § 2101

text:
(a) Before filing or intervening in any such action the board shall hold a public hearing on the necessity for restricting ground water pumping or for a physical solution in order to protect the quality of water from destruction or irreparable injury. The board shall serve notice of such hearing as provided in Section 6066 of the Government Code and shall mail a copy of such notice to each producer of ground water within the area proposed for investigation, to the extent that such producers of ground water are known to the board, at least 15 days prior to the date of such hearing, except that notice need not be mailed to producers of minor quantities of water as defined in Section 2102.

(b) In the event the board decides that the rights to the use of the ground water must be adjudicated in order to require the restriction of pumping or physical solution necessary to preserve it from destruction or irreparable injury to quality, the board shall first determine whether any local public agency overlying all or a part of the ground water basin will undertake such adjudication of water rights. If such local agency commences an adjudication, the board shall take no further action, except that the board may, through the Attorney General, become a party to such action.

(c) In the event no local agency commences such action within 90 days after notice of the decision of the board, the board shall file such action.

chapter: 2.5. Adjudications to Protect the Quality of Ground Water


citation: WAT § 2102

text: As used in this article, “minor quantities of water” refers to the extraction by any person of not to exceed 10 acre-feet of ground water annually.


citation: WAT § 2500

text: As used in this chapter, “stream system” includes stream, lake, or other body of water, and tributaries and contributory sources, but does not include an underground water supply other than a subterranean stream flowing through known and definite channels.

chapter: 3. Statutory Adjudications

article: 1. General Provisions

path: 2. WATER > 3. Statutory Adjudications > 1. General Provisions


text:
(a) As used in this chapter with respect to the Scott River in Siskiyou County, “stream system” includes ground water supplies which are interconnected with the Scott River, but does not include any other underground water supply.

(b) The Legislature finds and declares that by reason of the geology and hydrology of the Scott River, it is necessary to include interconnected ground waters in any determination of the rights to the water of the Scott River as a foundation for a fair and effective judgment of such rights, and that it is necessary that the provisions of this section apply to the Scott River only.

(c) If this section is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter, or of any proceedings thereunder, but shall affect only the validity of the proceedings with respect to such interconnected ground water supplies.

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

article: 1. General Provisions


citation: WAT § 2501

text: The board may determine, in the proceedings provided for in this chapter, all rights to water of a stream system whether based upon appropriation, riparian right, or other basis of right.

article: 1. General Provisions


citation: WAT § 2502

text: If the board finds that the use by any persons under claim of right of only minor quantities of water, as defined in Section 2503, would have no material effect on the rights of other claimants, the board may exempt such persons from being subject to these proceedings as claimants or parties with respect to such minor quantities of water; provided, that any person so exempted may elect to continue to be subject to these proceedings by giving prompt notice to the board.

article: 1. General Provisions


citation: WAT § 2503

text: As used in this chapter, “minor quantities of water” refers to the diversion or extraction by any person of not to exceed 10 acre-feet of water annually.

article: 1. General Provisions


citation: WAT § 2525

text: Upon petition signed by one or more claimants to water of any stream system, requesting the determination of the rights of the various claimants to the water of that stream system, the board shall, if, upon investigation, it finds the facts and conditions are such that the public interest and necessity will be served by a determination of the water rights involved, enter an order granting the petition and make proper arrangements to proceed with the determination.

article: 2. Petition and Preliminary Proceedings

path: 2. WATER > 3. Statutory Adjudications > 2. Petition and Preliminary Proceedings


citation: WAT § 2526

text:
As soon as practicable after granting the petition the board shall prepare and issue a notice setting forth the following:

(a) The facts of the entry of the order and of the pendency of the proceedings;

(b) That all claimants to rights to the use of water of the stream system are required to inform the board within 60 days from the date of the notice, or such further time as the board may allow, of their intention to file proof of claim;

(c) The date prior to which all claimants to rights to the water of the stream system shall notify the board in writing of their intention to file proof of claim and the address to which all subsequent notices to the claimant relating to the proceedings may be sent;

(d) A statement that all claimants will be required to make proof of their claims at a time to be fixed by the board after the conclusion of its investigation.

history: (History: Amended by Stats. 1976, Ch. 545.)

article: 2. Petition and Preliminary Proceedings


citation: WAT § 2527

text: The notice shall be published at least once a week for four consecutive weeks, commencing within 20 days of the date of issuance of the notice, in one or more newspapers of general circulation published in each county in which any part of the stream system is situated, and, within the same 20-day period, the notice shall be mailed to all persons known to the board who own land that appears to be riparian to the stream system or who divert water from the stream system.

article: 2. Petition and Preliminary Proceedings


citation: WAT § 2528

text: Whenever proceedings are instituted for the determination of rights to water, it is the duty of all claimants interested therein and having notice thereof as provided in this chapter, to notify the board of their intention to file proof of claim and to appear and submit proof of their respective claims at the time and in the manner required by this chapter.

history: (History: Amended by Stats. 1965, Ch. 53.)

article: 2. Petition and Preliminary Proceedings


citation: WAT § 2529

text:
(a) Within 60 days after the date by which claimants to rights to the water of the stream system are required to notify the board in writing of their intention to file proof of claim, the board shall prepare and file for record, in the office of the county recorder of each county in which any part of the stream system is situated, a notice setting forth all of the following facts:

(1) The order has been entered and the proceedings are pending.

(2) Information regarding the status of the proceedings may be obtained from the board.

(3) The proceedings will result in a determination of the rights to water of the stream system.

(4) Any claimant who fails to appear and submit proof of his or her claim as provided in this chapter shall be held to have forfeited all rights to water previously claimed by him or her on the stream system, other than as provided in the decree, unless entitled to relief under the laws of this state.

(5) At the conclusion of the proceedings, the superior court will enter a decree determining the water rights appurtenant to each parcel identified in the notice, including the specific parcel against which this notice appears, and the decree may accord the claimant for that parcel water rights which are different from those he or she has claimed.

(b) The notice shall identify the current owners of each parcel that appears to be riparian to the stream system or to which water is diverted from the stream, and shall be recorded in a manner so that anyone researching the title of a parcel will find the notice.

(c) If the board subsequently identifies an additional parcel or parcels which appear to be riparian to the stream system or to which water is diverted from the stream, the board shall prepare and file for record a supplementary notice identifying the current owners of the additional parcels. The supplementary notice shall be recorded in the same manner as the original notice.

history: (History: Added by Stats. 1984, Ch. 1654, Sec. 1.)

article: 2. Petition and Preliminary Proceedings


citation: WAT § 2550

text: As soon as practicable after granting the petition, the board shall begin an investigation of the stream system, of the diversion of water, of all beneficial uses being made of the water, and of the water supply available for those uses, and shall gather such other data and information as may be essential to the proper determination of the water rights in the stream system.

history: (History: Repealed and added by Stats. 1976, Ch. 545.)

article: 3. Investigation of Stream System

path: 2. WATER > 3. Statutory Adjudications > 3. Investigation of Stream System


citation: WAT § 2551

text:
(a) During the investigation of the stream system, the representatives of the board shall investigate in detail the use of water by each person who has given notice of intent to file a proof of claim, and shall determine the acreage under irrigation or otherwise define the place of use and purpose of use, determine the location and capacity of the person’s diversion works and conduits conveying water from the stream system, and the amount of water diverted and reasonably required to satisfy the uses being made.

(b) In conducting investigations under this article, the board shall consider all pertinent information, including, but not limited to, information provided under Sections 1840 and 1841.

(c) Representatives of the board may conduct a field investigation of a person’s water use after giving 30 days’ notice in writing to the person subject to the investigation, or at the request of that person as part of the investigation of the stream system. It shall be the duty of each claimant to be present at some time during the detailed field investigation either in person or by an agent who is authorized to sign the proof of claim.

history: (History: Amended by Stats. 2025, Ch. 422, Sec. 2. (SB 697) Effective January 1, 2026.)

article: 3. Investigation of Stream System


citation: WAT § 2552

text: Each claimant shall provide to the representatives of the board all pertinent information on the extent and nature of the claimant’s water use and basis of water right, so as to expedite the investigation and facilitate the completion of the proof of claim.

history: (History: Amended by Stats. 2025, Ch. 422, Sec. 3. (SB 697) Effective January 1, 2026.)

article: 3. Investigation of Stream System


citation: WAT § 2553

text: Immediately upon conclusion of the investigation of water use, the claimant or the claimant’s representative shall be provided, by registered mail, a blank form of proof of claim and a copy of the factual determinations of the representatives of the board for use in preparing the proof of claim.

history: (History: Amended by Stats. 2025, Ch. 422, Sec. 4. (SB 697) Effective January 1, 2026.)

article: 3. Investigation of Stream System


citation: WAT § 2554

text: During the investigation of the stream system, the board shall investigate in detail the projects of all water users known to the board who have not filed a notice of intent to file proof of claim. The investigations may include a field investigation in accordance with Section 2551, except that the water users need not be notified in advance of the investigation and, if not notified, are not required to be present during the field investigation.

history: (History: Amended by Stats. 2025, Ch. 422, Sec. 5. (SB 697) Effective January 1, 2026.)

article: 3. Investigation of Stream System


citation: WAT § 2555

text: Water users who do not file notice of intent shall, insofar as they are known, be supplied a copy of the factual determinations of the representative of the board and a blank form of proof of claim and shall be allowed to file proof of claim after completion of the detailed investigation of their project by the representatives of the board on the same basis as persons who were present and who filed timely notices of intent.

history: (History: Amended by Stats. 2025, Ch. 422, Sec. 6. (SB 697) Effective January 1, 2026.)

article: 3. Investigation of Stream System


citation: WAT § 2556

text:
(a) In conducting an investigation pursuant to this chapter, if the board determines in writing that the information provided by the person pursuant to Sections 1840 and 1841 and any regulations adopted by the board pursuant to those sections is inadequate for the board’s investigation, the board may issue an information order to any person or entity that diverts or uses water or claims a water right to prepare and submit to the board any technical or monitoring program reports related to that diversion or use, or to submit any report of the basis for that claimed water right, as the board may specify.

(b) The burden of preparing the report, including costs, shall bear a reasonable relationship to the need for the requested information and the benefits to be obtained from the board receiving that information. In making a request, the board shall do both of the following:

(1) Provide the person to whom the request is directed with a written explanation with regard to the need for the information.

(2) Identify the evidence that supports requiring that person to provide the information.

(c) If the preparation of individual reports would result in a duplication of effort, the board may order any person or entity subject to the order to pay a reasonable share of the cost of preparing reports.

(d) In conducting an investigation pursuant to this chapter, the board may inspect property or facilities where water is claimed to be used, diverted, or conveyed. The board is authorized to obtain an inspection warrant pursuant to the procedure set forth in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure for purposes of an inspection pursuant to this subdivision.

(e) A person or entity who receives an information order shall respond within 75 days of the date of the information order. An information order issued pursuant to this section may include a requirement that the recipient update the information annually while an adjudication is pending. A recipient of an order may request from the board an extension of time to respond to the information order for good cause shown, which request shall not be unreasonably denied.

history: (History: Added by Stats. 2025, Ch. 422, Sec. 7. (SB 697) Effective January 1, 2026.)

article: 3. Investigation of Stream System


citation: WAT § 2575

text:
The proof of claim shall be filed with the board on the form provided by the board and shall include all of the following:

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

(b) The nature of the right on which the claim is based, the date upon which it was initiated, and the purpose of use.

(c) A description of any works of diversion or distribution and the date such works were constructed.

(d) The character of the soil and the location, area, and kind of crops irrigated, if any; the season of use; and the amount of water required and diverted.

(e) The number of people served water, if any.

(f) Such other facts as the board requires to show the extent and nature of the right and compliance with the law in acquiring it.

article: 4. Proof of Claim

path: 2. WATER > 3. Statutory Adjudications > 4. Proof of Claim


citation: WAT § 2576

text: Each claimant shall certify to the proof of claim statements under oath or penalty of perjury.

article: 4. Proof of Claim


citation: WAT § 2577

text: Any person not submitting a proof of claim to the board or to representatives of the board by the conclusion of the investigation shall be notified in writing that such person’s rights will be entered in the preliminary order of determination by the board based on the measurements and information gathered during the investigation unless a claim is submitted within 30 days of such notification.

history: (History: Added by Stats. 1976, Ch. 545.)

article: 4. Proof of Claim


citation: WAT § 2600

text: After all investigations of water use have been completed and the time for filing proofs of claims has expired, the board shall prepare a report describing the water supply and abstracting the claim of water right of each claimant.

history: (History: Amended by Stats. 2025, Ch. 422, Sec. 8. (SB 697) Effective January 1, 2026.)

path: 2. WATER > 3. Statutory Adjudications > 5. Report and Preliminary Order of Determination


citation: WAT § 2601

text: The report shall note separately any material differences between the claims and the factual determinations made by the representatives of the board during the investigation.

article: 5. Report and Preliminary Order of Determination


citation: WAT § 2602

text: The report shall include a map showing the stream system, diversion points, conduits, areas of water use and the type of use, owner’s names, and such other information as the board deems necessary.


citation: WAT § 2603

text: The report shall include a preliminary order of determination determining and establishing the several rights to the water of the stream system, giving appropriate consideration to claims at variance with the measurements and determinations of the representatives of the board.


citation: WAT § 2604

text: A copy of the report shall be sent by registered mail to each claimant and to each person not filing a claim appearing in the report as a water user. It shall be accompanied by a notice setting a day at least 60 days thereafter, prior to which such persons may file objections to any portion of the report, including the preliminary order of determination.


citation: WAT § 2625

text: The notice shall also set a time and place reasonably convenient to the claimants when and where the proofs of claim and measurements and other data collected by the board during the proceedings will be open and available for inspection by all interested persons. The period of inspection shall be fixed by the board but shall be not less than five days.

article: 6. Objections to the Report

path: 2. WATER > 3. Statutory Adjudications > 6. Objections to the Report


citation: WAT § 2626

text: A representative of the board shall be present at the time and place designated in the notice, and shall permit, during the period of inspection, any person interested to inspect such evidence and proofs of claim as have been filed.

article: 6. Objections to the Report


citation: WAT § 2627

text: The period of inspection shall be concluded at least 30 days prior to the expiration of the time allowed claimants for filing objections to the report and preliminary order of determination.

article: 6. Objections to the Report


citation: WAT § 2628

text: The objections shall be in writing and shall state with reasonable certainty the grounds of the objection.

article: 6. Objections to the Report


citation: WAT § 2650

text: Within 10 days after the close of the period for filing objections, the board shall mail copies of the objections to the claimant or water user against whom the objections are directed and shall notify by registered mail the persons whose rights are significantly affected to appear before it at a time and place specified and at such time and place the objections will be heard. The time specified shall be as soon as practicable but not less than 15 days from the date of the mailing of the notice of hearing.

article: 7. Hearing of Objections

path: 2. WATER > 3. Statutory Adjudications > 7. Hearing of Objections


citation: WAT § 2651

text: The board may adjourn hearings of objections from time to time upon reasonable notice to all parties in interest.

article: 7. Hearing of Objections


citation: WAT § 2652

text: The costs of taking testimony at a hearing on an objection shall be borne by the parties thereto as follows: each party shall pay for the direct examination of his own witness and the cross-examination of opponent’s witness, and the parties shall share equally for that part of the examination directed by the representative of the board.

article: 7. Hearing of Objections


citation: WAT § 2653

text: One copy of the transcript of testimony taken at the hearing shall be furnished to the board at the cost of the parties.

article: 7. Hearing of Objections


citation: WAT § 2700

text: As soon as practicable after the hearing of objections or the expiration of the time for filing objections if no objections are filed, the board shall adopt an order determining and establishing the several rights to the water of the stream system.

history: (History: Amended by Stats. 1984, Ch. 1654, Sec. 2.)

article: 8. Order of Determination

path: 2. WATER > 3. Statutory Adjudications > 8. Order of Determination


citation: WAT § 2701

text: A notice of adoption of the order of determination and a copy of the order shall be sent by registered mail to each claimant and to each person whose rights are determined in the order.

history: (History: Amended by Stats. 1984, Ch. 1654, Sec. 3.)

article: 8. Order of Determination


citation: WAT § 2702

text:
(a) The board may order a reconsideration of all or part of an order of determination on the board’s own motion or on petition of any party affected by the order. The petition shall be filed within 30 days after the notice required by Section 2701 is sent. The authority of the board to order a reconsideration on its own motion shall expire 30 days after the board has adopted the order. The board shall order or deny reconsideration on a petition for reconsideration within 90 days after the notice required by Section 2701 is sent.

(b) The order of determination may be reconsidered by the board on all the pertinent parts of the record and any arguments as may be permitted, or a further hearing may be held, upon notice to all affected parties, for the purpose of receiving additional evidence that the board may, for cause, allow. The order on reconsideration has the same force and effect as an original order.

history: (History: Amended by Stats. 1990, Ch. 230, Sec. 2.)

article: 8. Order of Determination


citation: WAT § 2750

text: As soon as practicable after adoption of the order of determination, issuance of an order on reconsideration, or issuance of an order denying reconsideration, whichever is later, a certified copy of the order, together with the original evidence and transcript of testimony filed with or taken before the board and certified by it, shall be filed with the clerk of the superior court of the county in which the stream system, or some part thereof, is situated.

history: (History: Amended by Stats. 1984, Ch. 1654, Sec. 6.)

article: 9. Hearing and Decree of Court

path: 2. WATER > 3. Statutory Adjudications > 9. Hearing and Decree of Court


citation: WAT § 2751

text: Upon the filing of the certified copy of the order of determination and the evidence and transcript, the board shall procure an order from the court setting a time for hearing.

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

article: 9. Hearing and Decree of Court


citation: WAT § 2752

text: The clerk of the court shall immediately furnish the board with a certified copy of the order setting the time for hearing.

article: 9. Hearing and Decree of Court


citation: WAT § 2753

text: Upon receiving the certified copy of the order setting the time for hearing, the board shall immediately mail a copy of the order by registered mail to each known party in interest at his last known place of residence.

article: 9. Hearing and Decree of Court


citation: WAT § 2754

text: The board shall cause the order to be published at least once a week for four consecutive weeks in some newspaper of general circulation published in each county in which the stream system or any part thereof is situated.

article: 9. Hearing and Decree of Court


citation: WAT § 2755

text: The board shall file with the clerk of the court proof of service by registered mail and by publication.

article: 9. Hearing and Decree of Court


citation: WAT § 2756

text: Service by registered mail and by publication shall be deemed full and sufficient notice to all parties in interest of the date and purpose of the hearing.

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

article: 9. Hearing and Decree of Court


citation: WAT § 2757

text: At least 10 days prior to the day set for hearing, each party in interest who is aggrieved or dissatisfied with the order of determination may file with the clerk of the court notice of exceptions to the order of determination.

article: 9. Hearing and Decree of Court


citation: WAT § 2758

text: The notice of exceptions shall state briefly the exceptions taken, the reasons therefor, and the prayer for relief.

article: 9. Hearing and Decree of Court


citation: WAT § 2759

text: A copy of each notice of exception shall be sent by registered mail at least 10 days prior to the hearing to the board and to each person who was an adverse party to any issue raised by the exception at a hearing of the board.

history: (History: Amended by Stats. 1976, Ch. 545.)

article: 9. Hearing and Decree of Court


citation: WAT § 2760

text: The order of determination, the statements or claims of claimants, and the exceptions made to the order of determination constitute the pleadings.

article: 9. Hearing and Decree of Court


citation: WAT § 2761

text: The court may allow such additional or amended pleadings as may be necessary to a final determination of the proceeding.

article: 9. Hearing and Decree of Court


citation: WAT § 2762

text: If no exceptions are filed, then on the day set for the hearing, on motion of the board, the court shall enter a decree affirming the order of determination.

article: 9. Hearing and Decree of Court


citation: WAT § 2763

text: On the day set for hearing all parties in interest who have filed notices of exceptions shall appear in person, or by counsel, and the court shall hear the matter or set the time for hearing, and shall continue the hearing until all exceptions are disposed of.

article: 9. Hearing and Decree of Court


text:
(a) No exception to the order of determination shall be considered, except in the court’s discretion for good cause shown, unless the matter of the exception was presented to the board in the form of an objection. Good cause includes, but is not limited to, the existence of newly discovered relevant evidence which, in the exercise of reasonable diligence, could not have been presented to the board during the board’s proceedings.

(b) This section does not apply to persons to whom the board did not mail either (1) written notice of the board meeting at which the petition pursuant to Section 2525 is to be considered as an item of business, or (2) written notice of the pendency of the proceedings pursuant to Section 2526.

history: (History: Added by Stats. 1985, Ch. 572, Sec. 1.)

article: 9. Hearing and Decree of Court


citation: WAT § 2764

text: All proceedings on the hearing shall be as nearly as may be in accordance with the rules governing civil actions.

article: 9. Hearing and Decree of Court


citation: WAT § 2765

text: Whenever in the judgment of the court the State is a necessary party to the action, the court shall make an order to that effect and thereupon a copy of all pleadings and proceedings on file with the court in the action shall be served upon the Attorney General who shall represent the State therein.

article: 9. Hearing and Decree of Court


citation: WAT § 2766

text: For further information on any subject in controversy the court may employ one or more qualified persons to investigate and report thereon under oath, subject to examination by any party in interest as to his competency to give expert testimony on the subject.

article: 9. Hearing and Decree of Court


citation: WAT § 2767

text: The court may take additional evidence on any issue and may, if necessary, refer the case for such further evidence to be taken by the board as the court may direct, and may require a further determination by the board.

article: 9. Hearing and Decree of Court


citation: WAT § 2768

text: After the hearing, the court shall enter a decree determining the right of all persons involved in the proceeding.

article: 9. Hearing and Decree of Court


citation: WAT § 2769

text: The decree shall in every case declare as to the water right adjudged to each party, the priority, amount, season of use, purpose of use, point of diversion, and place of use of the water; and as to water used for irrigation, the decree shall also declare the specific tracts of land to which it is appurtenant, together with such other factors as may be necessary to define the right.

article: 9. Hearing and Decree of Court


citation: WAT § 2770

text: Upon the hearing the court may assess and adjudge against any party such costs as it may deem just.

article: 9. Hearing and Decree of Court


citation: WAT § 2771

text: Appeals from the decree may be taken by the board or any party in interest, in the same manner and with the same effect as in civil cases.

article: 9. Hearing and Decree of Court


citation: WAT § 2772

text: A certified copy of the decree shall be prepared by the clerk of the court, without charge, and filed for record in the office of the county recorder of each county in which any part of the stream system is situated and also in the office of the board.

article: 9. Hearing and Decree of Court


citation: WAT § 2773

text: The decree is conclusive as to the rights of all existing claimants upon the stream system lawfully embraced in the determination.

article: 9. Hearing and Decree of Court


citation: WAT § 2774

text: When a decree has been entered, any claimant who has failed to appear and submit proof of his claim as provided in this chapter shall be barred and estopped from subsequently asserting any rights theretofore acquired upon the stream system embraced in the proceedings, and shall be held to have forfeited all rights to water theretofore claimed by him on the stream system, other than as provided in the decree, unless entitled to relief under the laws of this State.

article: 9. Hearing and Decree of Court


citation: WAT § 2780

text: Any claimant who, prior to entry of the order of determination by the board, had no actual knowledge or notice of the pendency of the proceedings may, at least 10 days prior to the date set for hearing by the court or within such further time prior to the decree as the court may allow, intervene in the proceedings by filing with the court an exception to the order of determination and a proof of claim which shall contain all the matters required by this chapter of claimants who have been served with notice of the proceeding.

history: (History: Added by Stats. 1965, Ch. 53.)

article: 10. Intervention

path: 2. WATER > 3. Statutory Adjudications > 10. Intervention


citation: WAT § 2781

text: Upon filing his exception and proof of claim, the intervenor shall make application to the court for an order prescribing the time and manner of service of the exception and proof upon other claimants and the time within which contests of the proof may be filed with the court and served upon the intervenor.

article: 10. Intervention


citation: WAT § 2782

text: After expiration of the time fixed by the court for filing contests, the court shall proceed to hear and determine the exception and proof of intervenor and any contest thereto in accordance as near as may be with Article 9 (commencing with Section 2750).

history: (History: Amended by Stats. 1983, Ch. 142, Sec. 176.)

article: 10. Intervention


citation: WAT § 2783

text: The court may refer the matter for such further evidence to be taken by the board as the court may direct, and may require a further determination by the board, in which event the board shall be entitled to reimbursement for expenses incurred by it in the manner provided in Article 13 (commencing with Section 2850) of this chapter.

article: 10. Intervention


citation: WAT § 2801

text: All persons claiming rights under an incomplete appropriation, when notified as provided in this chapter, shall appear and submit their proofs of claim in accordance with this chapter, or they shall be deemed and held to be in default and to have abandoned or to have no right, title, or interest in or to the water of the stream system, other than as the person may be found to be entitled by the board based on available information and data.

path: 2. WATER > 3. Statutory Adjudications > 11. Proceedings when Appropriation Incomplete at Time of Determination


citation: WAT § 2802

text: In determining rights based on an incomplete appropriation initiated according to law prior to December 19, 1914, and since prosecuted with reasonable diligence in accordance with Section 1416 of the Civil Code, the board shall prescribe such reasonable time for the completion of the appropriation and the application of the water to a beneficial use as will enable the claimant acting in good faith and with due diligence to complete the appropriation.

history: (History: Amended by Stats. 1965, Ch. 53.)

article: 11. Proceedings when Appropriation Incomplete at Time of Determination


citation: WAT § 2803

text: The order of determination shall provide that within the time prescribed for completion of the appropriation, or such further time as the court may allow, the claimant shall submit to the court proof of completion and the amount of water actually applied to beneficial use.


citation: WAT § 2806

text: The court shall have authority to thereafter hear and determine proof offered as to the completion of any such right.


citation: WAT § 2807

text: Time for completion may be extended from time to time by the court upon motion made prior to the expiration of the limit of time fixed therefor.


citation: WAT § 2808

text: Notice of motion for an extension of time for completion shall be filed not more than 90 days prior to the expiration of the time limit.


citation: WAT § 2809

text: The clerk of the court shall post notice of hearing of the motion at the courthouse where the hearing is to be held and at least 10 days prior to the hearing.


citation: WAT § 2810

text: The court may refer the matter of the motion to the board for its report and recommendation thereon.


citation: WAT § 2811

text: Upon receipt of the report and recommendation of the board or, if the board fails to file its report and recommendations within 90 days after the reference, upon the expiration of that period, the court shall grant such an extension of time as there is, in its discretion, good and sufficient cause for, or shall deny the motion.


citation: WAT § 2812

text: In event of denial of a motion for the extension of time for completion the applicant may within 10 days after notice by the clerk of the denial, file notice of intention to offer proof of completion.


citation: WAT § 2813

text: Any claimant desiring to offer proof of completion shall file a notice of intention to offer such proof with the clerk of the court.


citation: WAT § 2814

text: The clerk shall post notice of the time for hearing the proof at the courthouse where the hearing is to be held and at least 10 days prior to the hearing.


citation: WAT § 2815

text: Upon submission of proof of completion after entry of the decree of the court, the court shall enter a supplemental decree determining the right before it and in event of failure, after entry of the decree of the court, to submit proof within the time allowed or to move for and secure an extension of time to do so the court shall enter a supplemental decree denying the right involved.


citation: WAT § 2816

text: All persons claiming rights under incomplete appropriations who fail to complete their appropriations within the limit of time fixed by the board in its order of determination, or within such further time granted upon motion made prior to the expiration of the time limit as the court finds equitable and just, shall be deemed to have abandoned their rights of appropriation insofar as the same remain incomplete, and such appropriators shall be deemed and held to have no right, title or interest in or to the water of the stream system insofar as their appropriations have not been completed.


citation: WAT § 2817

text: Appeals from any action of the court under this article may be taken by the board or any party in interest in the same manner and with the same effect as in the civil cases.


citation: WAT § 2818

text: This article shall not be construed to confer any rights of appropriation upon parties who shall have abandoned their appropriations or failed to use due diligence in the application of the water to a beneficial use and in the completion of their appropriations.


citation: WAT § 2819

text: Incomplete appropriations initiated by application under the provisions of the Water Commission Act or this code shall be included in the decree but shall continue to be administered by the board as in other cases. Upon issuance of a license by the board and completion of court review of the board’s action under Article 3 (commencing with Section 1126) of Chapter 4 of Part 1, if court review is sought, and upon motion of the licensee or the board, the court shall enter a supplemental decree confirming the right in accordance with the license. Any change authorized by the board pursuant to Chapter 10 (commencing with Section 1700), Part 2, of this division, shall in like manner be the subject of a supplemental decree.

history: (History: Amended by Stats. 1996, Ch. 659, Sec. 18. Effective January 1, 1997.)


citation: WAT § 2820

text: After revocation by the board of a permit or license relating to a right included in the decree and upon completion of court review of the board’s action under Article 3 (commencing with Section 1126) of Chapter 4 of Part 1, if court review is sought, the court shall, upon motion of the board or any interested party, enter a supplemental decree denying the right involved.

history: (History: Amended by Stats. 1996, Ch. 659, Sec. 19. Effective January 1, 1997.)


citation: WAT § 2825

text: The board shall furnish to each claimant whose rights are decreed a copy of the decree and a notice of the entry thereof.

article: 12. Service of Copy of Decree

path: 2. WATER > 3. Statutory Adjudications > 12. Service of Copy of Decree


citation: WAT § 2826

text: Upon entry of a supplemental decree establishing or modifying a right, the board shall furnish to each claimant who could be significantly affected, at his last known address, a copy of the supplemental decree and a notice of entry thereof.

article: 12. Service of Copy of Decree


citation: WAT § 2850

text: At the time of the submission of proofs, the board shall collect from each claimant the fee established pursuant to Section 1528.

history: (History: Amended by Stats. 2003, Ch. 741, Sec. 87. Effective January 1, 2004.)

article: 13. Expenses of Determination

path: 2. WATER > 3. Statutory Adjudications > 13. Expenses of Determination


citation: WAT § 2851

text: At the time of, or as soon as practicable after the mailing of, its order of determination the board shall compute the entire expense it has incurred in performing the duties prescribed in this chapter, including salaries, wages, traveling expenses, and all costs of whatever character which are properly chargeable to the proceeding.

article: 13. Expenses of Determination


citation: WAT § 2852

text: If the total amount of expense exceeds the total amount received from claimants at the time of submission of proofs, the excess expense shall be equitably apportioned by the board against the parties to the proceeding.

article: 13. Expenses of Determination


citation: WAT § 2853

text: A statement setting forth the expense and the apportionments thereof against the respective parties shall be sent by registered mail by the board to each of the parties and filed with the court.

article: 13. Expenses of Determination


citation: WAT § 2855

text: Upon application in writing by any party aggrieved within 30 days after the statement of expense and the apportionment thereof has been mailed to the parties, the court shall after expiration of said period set for hearing the determination of any objections to the expense or to the apportionments thereof.

history: (History: Amended by Stats. 1955, Ch. 629.)

article: 13. Expenses of Determination


citation: WAT § 2856

text: The clerk of the court shall, at least 10 days prior to the date of hearing, give notice thereof by mail to all parties.

article: 13. Expenses of Determination


citation: WAT § 2857

text: If no objection is filed with the court within the prescribed periods the court upon ex parte application of the board shall enter a judgment against the parties in favor of the board in the amounts apportioned to them.

history: (History: Amended by Stats. 1963, Ch. 329.)

article: 13. Expenses of Determination


citation: WAT § 2858

text: Any party failing to object to the expense or the apportionments thereof waives all objections thereto.

article: 13. Expenses of Determination


citation: WAT § 2859

text: Upon the hearing of objections to the expense or the apportionments thereof the court shall determine the expense and its apportionment as the court deems equitable and shall enter judgment against the parties in favor of the board in the amounts apportioned to them.

article: 13. Expenses of Determination


citation: WAT § 2864

text: If the funds available for use by the board are inadequate to enable it to undertake the expense of any proceeding under this chapter or if in its judgment reimbursement for the expense of any such proceeding is not reasonably certain, it may refuse to proceed with its investigation and to undertake the proceeding, unless and until such provision is made by persons interested as may be satisfactory to the board and deemed by it sufficient to secure reimbursement or payment to it for its expenses.

article: 13. Expenses of Determination


citation: WAT § 2865

text: During the pendency of any proceedings under this chapter, the board, after at least 20 days’ notice to the parties, may order interim or partial payments of the expense to be made by the parties as the board deems proper and equitable under the circumstances.

history: (History: Added by Stats. 2003, Ch. 741, Sec. 88. Effective January 1, 2004.)

article: 13. Expenses of Determination


citation: WAT § 2868

text: If a party fails to pay the expenses apportioned to that party when due, the board may refer the matter for collection of the unpaid expenses pursuant to Section 1536.

history: (History: Added by Stats. 2003, Ch. 741, Sec. 89. Effective January 1, 2004.)

article: 13. Expenses of Determination