DIVISION 1. GENERAL STATE POWERS OVER WATER [100. - 550.]
Division 1 enacted by Stats. 1943, Ch. 368.
§§ 100–550 · 232 sections
CHAPTER 1. General State Policy §§ 100–113 · 19 sections
- § 100 It is hereby declared that because of the conditions prevailing in this State the general welfare requires that the water resources of the State be put to…
- § 100.5 It is hereby declared to be the established policy of this state that conformity of a use, method of use, or method of diversion of water with local custom…
- § 101 Riparian rights in a stream or watercourse attach to, but to no more than so much of the flow thereof as may be required or used consistently with this and the…
- § 102 All water within the State is the property of the people of the State, but the right to the use of water may be acquired by appropriation in the manner…
- § 103 In the enactment of this code the Legislature does not intend thereby to effect any change in the law relating to water rights.
- § 104 It is hereby declared that the people of the State have a paramount interest in the use of all the water of the State and that the State shall determine what…
- § 105 It is hereby declared that the protection of the public interest in the development of the water resources of the State is of vital concern to the people of…
- § 106 It is hereby declared to be the established policy of this State that the use of water for domestic purposes is the highest use of water and that the next…
- § 106.3 (a) It is hereby declared to be the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water…
- § 106.4 (a) For the purposes of this section: (1) “Bottled water” has the same meaning as defined in Section 111070 of the Health and Safety Code. (2) “Residential…
- § 106.5 It is hereby declared to be the established policy of this State that the right of a municipality to acquire and hold rights to the use of water should be…
- § 106.7 (a) It is hereby declared to be the established policy of this state to support and encourage the development of environmentally compatible small hydroelectric…
- § 107 The declaration of the policy of the State in this chapter is not exclusive, and all other or further declarations of policy in this code shall be given their…
- § 108 It is hereby declared to be the established policy of this State that in the development and completion of any general or co-ordinated plan prepared and…
- § 108.5 (a) It is hereby declared to be the established policy of the state that source watersheds are recognized and defined as integral components of California’s…
- § 109 (a) The Legislature hereby finds and declares that the growing water needs of the state require the use of water in an efficient manner and that the efficient…
- § 110 (a) The Legislature hereby finds and declares all of the following: (1) The use of potable water to irrigate nonfunctional turf is wasteful and incompatible…
- § 112 (a) The efficiency of a reverse osmosis water treatment device means the percentage of water which passes through the water treatment device that is available…
- § 113 It is the policy of the state that groundwater resources be managed sustainably for long-term reliability and multiple economic, social, and environmental…
CHAPTER 2. State Administration Generally §§ 120–190 · 77 sections
ARTICLE 1. Department of Water Resources §§ 120–148 · 34 sections
- § 120 There is in the Resources Agency the Department of Water Resources, which is under the control of an executive officer known as the Director of Water…
- § 122 The director, in addition to being subject to removal from office by the Governor, may be removed from office by the Legislature, by concurrent resolution…
- § 123 Except as provided in Section 179, the department succeeds to and is vested with all of the powers, duties, purposes, responsibilities, and jurisdiction in…
- § 124 Except to the extent inconsistent with the provisions of this code, the provisions of Chapter 2 (commencing at Section 11150), Part 1, Division 3, Title 2 of…
- § 125 For the purpose of administration, the director shall organize the department with the approval of the Governor in the manner he deems necessary to segregate…
- § 126 There shall be one Deputy Director of Water Resources who shall be a civil executive officer and shall be appointed by the Governor and serve at the pleasure…
- § 127 The department may employ legal counsel who shall advise the director, represent the department in connection with legal matters before other boards and…
- § 127.5 The department may utilize the program manager class series that was created for the California Bay-Delta Authority, for positions to manage vital departmental…
- § 128 (a) In times of extraordinary stress and of disaster, resulting from storms and floods, or where damage to watershed lands by forest fires has created an…
- § 130 The department may prepare, publish, and issue such printed pamphlets and bulletins as the director deems necessary for the dissemination of information to the…
- § 131 The department may employ such assistance as may be necessary for the proper discharge of its duties, and may purchase or rent any necessary supplies,…
- § 132 Where work to be performed, which would otherwise be subject to the State Contract Act, does not lend itself to the preparation of plans and specifications to…
- § 133 The department may cooperate and contract with any agency of the State or of the United States in order to carry out its powers and purposes.
- § 134 The department may expend money appropriated for the administration of the laws the enforcement of which is committed to the department. The department may…
- § 134.5 The Director of Finance shall administratively establish positions necessary to implement activities funded by the appropriations made in Division 33…
- § 135 The Water Resources Revolving Fund in the State Treasury is continued in existence. With the approval of the Department of Finance, there shall be transferred…
- § 135.1 All sums in the Water Resources Revolving Fund in the State Treasury, maintained pursuant to Section 135, in a sum not to exceed seven hundred fifty thousand…
- § 136 The Department of Water Resources shall file against the Water Resources Revolving Fund all claims covering expenditures incurred in connection with services,…
- § 137 The Department of Water Resources shall keep a record of all expenditures chargeable against each specific portion of the revolving fund, and any unused…
- § 138 The director may authorize the refund of moneys received or collected by the department in payment of fees, licenses, permits, tolls, or for rentals, property…
- § 138.10 (a) On or before January 1, 2006, the director, in collaboration with the Secretary of Interior or his or her designee, shall prepare a plan to meet the…
- § 138.12 (a) Except as otherwise provided in a general obligation bond act, the maximum amount that may be allocated for administrative expenses shall not exceed 5…
- § 139.2 The department shall evaluate the potential impacts on water supplies derived from the Sacramento-San Joaquin Delta based on 50-, 100-, and 200-year…
- § 139.4 (a) The department and the Department of Fish and Game shall determine the principal options for the delta. (b) The department shall evaluate and comparatively…
- § 140 (a) Upon appropriation by the Legislature, which shall not exceed seven million dollars ($7,000,000), the department shall provide funding for a project that…
- § 141 (a) The department may establish a program to authorize private entities to lease space above or adjacent to appropriate conveyance facilities of the State…
- § 141.5 The department shall proceed with the construction of the South Delta Improvements Program, but shall not commence the operational phase of the program until…
- § 142 (a) In order to reduce greenhouse gas emissions associated with water and energy usage, on and after January 1, 2008, the department shall do all of the…
- § 144 (a) Upon an appropriation of funds by the Legislature for the purposes of this section, the department and the board shall develop a plan to deploy a network…
- § 147 (a) On or before January 10, 2010, and annually thereafter, the department shall prepare and submit to the chairpersons of the fiscal committees of the…
- § 147.1 (a) By August 1 of each year, the department shall prepare and submit to the Legislature, and post on the department’s internet website, a detailed accounting…
- § 147.3 (a) (1) The department shall conduct a voluntary statewide survey of local regional water supply projects and post the results of the survey on the…
- § 147.5 At least 60 days prior to the final approval of the renewal or extension of a long-term water supply contract between the department and a state water project…
- § 148 (a) The department shall perform construction inspection services for all water resources projects authorized pursuant to Article 6 (commencing with Section…
ARTICLE 2. California Water Commission §§ 150–166 · 20 sections
- § 150 There is in the Department of Water Resources the California Water Commission.
- § 151 The California Water Commission consists of nine members who are appointed by the Governor subject to the confirmation of the Senate, as provided in this…
- § 152 Seven members of the California Water Commission appointed by the Governor shall be selected and approved for appointment on the basis of their general…
- § 153 (a) The terms of the members of the California Water Commission in office as of January 1, 1958, shall expire as follows: (1) One member on January 15, 1958.…
- § 153.5 (a) Notwithstanding Sections 153 and 154, the term of any member of the California Water Commission, whose appointment has been confirmed by the Senate and who…
- § 154 Appointments shall be for terms of four years. Vacancies shall be immediately filled by the Governor for the unexpired portion of the terms in which they occur.
- § 155 The appointments made by the Governor to membership on the California Water Commission shall be subject to confirmation by the Senate at the next regular or…
- § 156 The members of the California Water Commission may be removed from office by the Legislature, by concurrent resolution adopted by a majority vote of all…
- § 157 Each member of the California Water Commission shall receive one hundred dollars ($100) for each day during which the member is engaged in the performance of…
- § 158 The California Water Commission shall maintain its headquarters at Sacramento and shall hold meetings at such times and at such places as shall be determined…
- § 159 Special meetings may be called at any time by the chairman or by the executive officer at the request of any four members, upon notice specifying the matters…
- § 160 The members of the California Water Commission shall select one of the members to serve as chairman, who shall hold office as chairman at the pleasure of the…
- § 161 The California Water Commission shall confer with, advise, and make recommendations to the director with respect to any matters and subjects under his…
- § 161.5 The California Water Commission shall have the power to name all facilities of the State Water Resources Development System owned by the state. The commission…
- § 162 It is the intention of the Legislature that in the making of all major departmental determinations, policies and procedures, such as departmental…
- § 163 The commission may employ an executive officer, exempt from civil service, under subdivision (e) of Section 4 of Article XXIV of the Constitution, and a staff…
- § 163.5 The department shall furnish to the California Water Commission, at its request, such assistance, including technical, legal, and clerical services, as is…
- § 164 The commission may hold any hearings and conduct any investigations in any part of the state necessary to carry out the powers vested in it, and for such…
- § 165 The California Water Commission shall conduct an annual review of the progress of construction and operation of the State Water Resources Development System,…
- § 166 The California Water Commission shall hold public hearings on all additional facilities proposed to be added to the State Water Resources Development System by…
ARTICLE 3. State Water Resources Control Board §§ 174–189.7 · 22 sections
- § 174 (a) The Legislature hereby finds and declares that in order to provide for the orderly and efficient administration of the water resources of the state, it is…
- § 175 (a) There is in the California Environmental Protection Agency the State Water Resources Control Board consisting of five members appointed by the Governor.…
- § 175.5 (a) A member of the board shall not participate in any board action pursuant to Article 2 (commencing with Section 13320) of Chapter 5 of Division 7 in which…
- § 176 The annual salary of the members of the board is provided for by Chapter 6 (commencing at Section 11550) of Part 1 of Division 3 of Title 2 of the Government…
- § 177 All members of the board shall be appointed for terms of four years. Vacancies shall be immediately filled by the Governor for the unexpired portion of the…
- § 178 The members of the board may be removed from office by the Legislature, by concurrent resolution adopted by a majority vote of all members elected to each…
- § 179 The board succeeds to and is vested with all of the powers, duties, purposes, responsibilities, and jurisdiction vested in the Department and Director of…
- § 179.6 The board, or representatives authorized by the board to do so, may call, conduct or attend conferences or hearings, official or unofficial, within or without…
- § 179.7 As to any matter involving the United States, its departments or agencies, which is within the scope of the power and duties of the board, the board may…
- § 181 The board shall maintain its headquarters at Sacramento and may establish branch offices in such parts of the state as the board deems necessary. The board…
- § 182 The Governor shall designate the chairperson of the board from the membership of the board. The person so designated shall hold the office of chairperson at…
- § 183 The board may hold any hearings and conduct any investigations in any part of the state necessary to carry out the powers vested in it, and for such purposes…
- § 184 The Department of Water Resources shall have an interest and may appear as a party in any hearing held by the board and may commence or appear in any judicial…
- § 185 The board shall adopt rules for the conduct of its affairs in conformity, as nearly as practicable, with the provisions of Chapter 3.5 (commencing with Section…
- § 186 (a) The board shall have any powers, and may employ any legal counsel and other personnel and assistance, that may be necessary or convenient for the exercise…
- § 187 The board, regional water quality control boards, the Department of Water Resources, and other state agencies shall, to the fullest extent possible, exchange…
- § 188 The board may expend money appropriated for the administration of the laws the administration of which is committed to the board. Such expenditures by the…
- § 188.5 The board shall publish biennial progress reports relating to the activities of the board and California regional water quality control boards.
- § 189 (a) There is hereby established the Office of Sustainable Water Solutions within the state board, which may be administered by the state board as a separate…
- § 189.3 (a) The board, in consultation with the regional water quality control boards, and the Division of the State Architect within the Department of General…
- § 189.5 (a) This section shall be known, and may be cited, as the Low-Income Water Rate Assistance Act. (b) No later than January 1, 2018, the board, in collaboration…
- § 189.7 (a) Outreach to identify issues of environmental justice needs to begin as early as possible in state board or regional board planning, policy, and permitting…
ARTICLE 4. State Representation on Regional Water Resources Commissions § 190 · 1 section
- § 190 Whenever the State of California is specifically invited by federal law to participate in any interstate commission to plan for the regional development of…
CHAPTER 2.5. Miscellaneous Powers of Department §§ 205–347 · 41 sections
ARTICLE 1. Participation in Associations § 205 · 1 section
- § 205 The department may join associations of representatives of other States which have been established for not less than 10 years and which have for their purpose…
ARTICLE 2. Surveys, Investigations, and Distribution of Water §§ 225–238 · 12 sections
- § 225 The department may carry on topographic surveys and investigations into matters pertaining to the water resources of the State along the lines of hydrography,…
- § 226 The department, either independently or in co-operation with any person or any county, state, federal, or other agency, may do any of the following: (a)…
- § 227 The department may investigate any natural situation available for reservoirs or reservoir systems for gathering and distributing flood or other water not…
- § 228 The department shall gather and correlate information and data pertinent to an annual forecast of seasonal water crop, including the making of snow surveys,…
- § 229 The department, either independently or in cooperation with any person or any county, state, federal, or other agency, to the extent that funds are allocated…
- § 230 The department, either independently or in cooperation with any person or any county, state, federal, or other agency, or upon the request of the State Water…
- § 231 The department, either independently or in cooperation with any person or any county, state, federal or other agency, shall investigate and survey conditions…
- § 233 No plans or proposal for authorization of a project for construction or operation by the State shall be submitted to the Legislature by the Department of Water…
- § 234 The department, either independently or in co-operation with or through any person or any county, state, federal or other agency, is authorized to investigate,…
- § 235 The department, either independently or in co-operation with any person or any county, state, federal, or other agency, to the extent that funds are allocated…
- § 236 The department, either independently or in cooperation with any person or any county, state, federal, or other agency, is authorized to collect hydrologic data…
- § 238 (a) The department shall conduct studies of the Sacramento River and the Feather River and their tributaries north of Sacramento, including watershed…
ARTICLE 2.5. Acquisition and Disposal of Property §§ 250–260 · 7 sections
- § 250 In the name of the people of the State of California, the department may acquire by eminent domain any property necessary for state water and dam purposes. The…
- § 252 Subject to Sections 1240.670 and 1240.680 of the Code of Civil Procedure, the real property which the department may acquire by eminent domain, or otherwise,…
- § 253 The department may acquire, either in fee or in any lesser estate or interest, any real property which it considers necessary for state water and dam purposes.…
- § 257 The director may execute all deeds or conveyances necessary to convey any real property or interest therein to be sold or exchanged under the provisions of…
- § 258 The authority conferred by this code to acquire real property for state dam and water purposes includes authority to acquire for future needs. The department…
- § 259 When the department condemns the property of any common carrier railroad, other public utility, or state agency, or the appurtenances thereof, it shall be…
- § 260 In any lease, easement, or right of entry agreement entered into whereby the department leases real property or obtains a grant of easement, right-of-way, or…
ARTICLE 2.6. Construction Contracts § 265 · 1 section
- § 265 Notwithstanding any provisions of the State Contract Act, the department may award and enter into construction contracts which require expenditures in excess…
ARTICLE 3. Proceedings to Prevent Waste or Unreasonable Use § 275 · 1 section
- § 275 The department and board shall take all appropriate proceedings or actions before executive, legislative, or judicial agencies to prevent waste, unreasonable…
ARTICLE 3.5. Habitat Restoration Contracts § 290 · 1 section
- § 290 (a) Notwithstanding any other law, when undertaking a habitat restoration project where the department has available funds to carry out the project, the…
ARTICLE 4. Waste from Artesian Wells §§ 300–311 · 12 sections
- § 300 For the purposes of this article, an artesian well is any artifical hole made in the ground through which water naturally flows from subterranean sources to…
- § 301 For the purposes of this article, waste is the causing, suffering, or permitting any water flowing from an artesian well, to run either: (a) Into any natural…
- § 302 The use of any water flowing from an artesian well for the irrigation of land, whenever over 5 per cent of the water received on the land for irrigation…
- § 303 Nothing in this article prevents the running of artesian water into an artificial pond or storage-reservoir, if the water is used thereafter for a beneficial…
- § 304 A beneficial use under the next preceding section shall not exceed one tenth of one miner’s inch of water per acre, perpetual flow, but the person using the…
- § 305 Any artesian well which is not capped or equipped with a mechanical appliance which will readily and effectively arrest and prevent the flow of any water from…
- § 306 The owner, tenant, or occupant of the land upon which a well which is a public nuisance under the next preceding section is situated, who causes, permits, or…
- § 307 Any person owning, possessing, or occupying any land upon which is situated an artesian well, who causes, suffers, or permits water unnecessarily to flow from…
- § 308 Each day’s continuance of waste constitutes a new offense.
- § 309 Any person who violates any of the provisions of this article is punishable for each offense by a fine of not less than fifty dollars ($50) and not more than…
- § 310 All prosecutions for the violation of any of the provisions of this article shall be instituted in the superior court of the county where the well is situated.
- § 311 Any fine imposed under the provisions of this article may be collected as in other criminal cases, and the justice may also issue an execution upon the…
ARTICLE 6. Yuba River Debris Control §§ 340–342 · 3 sections
- § 340 Any funds appropriated for Yuba River debris control shall be used for construction, renewal, and repair of works for restraining, impounding and control of…
- § 341 Funds withdrawn from such appropriation must be matched by an expenditure of like amount by the Federal Government for the same work.
- § 342 All work paid for from such appropriation shall be executed by or under the direction of the California Debris Commission, according to plans approved by the…
ARTICLE 7. Recreation §§ 345–346 · 2 sections
- § 345 The Department of Water Resources shall (a) plan recreation development associated with state-constructed water projects in consultation with local public…
- § 346 Notwithstanding the provisions of Section 345, the department, with the approval of the Department of General Services, may acquire by eminent domain or…
ARTICLE 8. Atmospheric Rivers Research and Forecast Improvement Program: Enabling Climate Adaptation Through Forecast-Informed Reservoir Operations and Hazard Resiliency (AR/FIRO) § 347 · 1 section
- § 347 (a) The Atmospheric Rivers Research and Forecast Improvement Program: Enabling Climate Adaptation Through Forecast-Informed Reservoir Operations and Hazard…
CHAPTER 2.7. Water Diversion and Use Reports § 348 · 1 section
- § 348 (a) The department or the board may adopt emergency regulations providing for the electronic filing of reports of water extraction or water diversion or use…
CHAPTER 3. Water Shortage Emergencies §§ 350–359 · 10 sections
- § 350 The governing body of a distributor of a public water supply, whether publicly or privately owned and including a mutual water company, shall declare a water…
- § 351 (a) Except in the event of a wildfire, a deenergization event, or a breakage or failure of a dam, pump, pipeline, or conduit causing an immediate emergency,…
- § 352 Notice of the time and place of hearing shall be published pursuant to Section 6061 of the Government Code at least seven days prior to the date of hearing in…
- § 353 When the governing body has so determined and declared the existence of an emergency condition of water shortage within its service area, it shall thereupon…
- § 354 After allocating and setting aside the amount of water which in the opinion of the governing body will be necessary to supply water needed for domestic use,…
- § 355 The regulations and restrictions shall thereafter be and remain in full force and effect during the period of the emergency and until the supply of water…
- § 356 The regulations and restrictions may include the right to deny applications for new or additional service connections, and provision for their enforcement by…
- § 357 If the regulations and restrictions on delivery and consumption of water adopted pursuant to this chapter conflict with any law establishing the rights of…
- § 358 Nothing in this chapter shall be construed to prohibit or prevent review by any court of competent jurisdiction of any finding or determination by a governing…
- § 359 (a) Notwithstanding any other provision of law that requires an election for the purpose of authorizing a contract with the United States, or for incurring the…
CHAPTER 3.3. Excessive Residential Water Use During Drought §§ 365–367 · 3 sections
- § 365 (a) The Legislature finds and declares that this chapter furthers important state policies of encouraging water conservation and protecting water resources in…
- § 366 (a) During periods described in subdivision (a) of Section 367, excessive water use is prohibited by a residential customer in a single-family residence or by…
- § 367 (a) This chapter applies only as follows: (1) During a period for which the Governor has issued a proclamation of a state of emergency under the California…
CHAPTER 3.4. Allocation-Based Conservation Water Pricing §§ 370–374 · 5 sections
- § 370 The Legislature hereby finds and declares all of the following: (a) The use of allocation-based conservation water pricing by public entities that sell and…
- § 371 For purposes of this chapter, the following terms have the following meanings: (a) “Allocation-based conservation water pricing” means a retail water rate…
- § 372 (a) A public entity may employ allocation-based conservation water pricing that meets all of the following criteria: (1) Billing is based on metered water use.…
- § 373 (a) Revenues derived from allocation-based conservation water pricing shall not exceed the reasonable cost of water service including basic costs and…
- § 374 (a) Allocation-based conservation water pricing under this chapter may be used on an ongoing basis and shall not require any finding of emergency or other…
CHAPTER 3.5. Water Conservation Programs §§ 375–378 · 6 sections
- § 375 (a) Notwithstanding any other law, any public entity that supplies water at retail or wholesale for the benefit of persons within the service area or area of…
- § 375.5 (a) A public entity may undertake water conservation and public education programs in conjunction with school districts, public libraries, or any other public…
- § 376 (a) Any ordinance or resolution adopted pursuant to Section 375 is effective upon adoption. Within 10 days after its adoption, the ordinance or resolution…
- § 377 (a) From and after the publication or posting of any ordinance or resolution pursuant to Section 376, a violation of a requirement of a water conservation…
- § 377.5 (a) A complaint or citation under subdivision (b) of Section 377 or subdivision (d) of Section 1058.5 may be issued by any of the following: (1) A code…
- § 378 A public entity may enter into agreements with other public entities, businesses, community associations, or private entities to provide water conservation…
CHAPTER 3.6. Deference to Decisions by Local or Regional Agencies §§ 380–387 · 8 sections
- § 380 The Legislature hereby finds and declares as follows: (a) The various regions of the state differ widely in the availability of water supplies and in the need…
- § 381 The authority of local or regional public agencies pursuant to this chapter shall control over any other provision of law which contains more stringent…
- § 382 (a) Notwithstanding any other provision of law, every local or regional public agency authorized by law to serve water to the persons or entities within the…
- § 383 For the purposes of this chapter, water that is surplus to the needs of the agency’s water users shall mean any of the following: (a) Water, to which the right…
- § 384 Prior to serving water to any person for use outside the agency, the agency shall comply with all provisions of the general laws of this state relating to the…
- § 385 No water may be transferred pursuant to this chapter for use within the boundaries of a local or regional public agency that furnishes the same water service…
- § 386 The board may approve any change associated with a transfer pursuant to this chapter only if it finds that the change may be made without injuring any legal…
- § 387 Any agreement for the transfer of water under the provisions of this chapter shall be for a period not to exceed seven years unless a longer period of time is…
CHAPTER 3.7. Water Standby and Availability Charges § 389 · 1 section
- § 389 (a) Notwithstanding any other provision of law, the term water standby charge and the term water availability charge have the same meaning. (b) Subdivision (a)…
CHAPTER 3.8. Cost-of-Service Analysis §§ 390–390.1 · 2 sections
- § 390 For purposes of this chapter, the following terms have the following meanings: (a) “Costs of water service for the highest users” means the difference in…
- § 390.1 (a) A public entity shall conduct a water usage demand analysis prior to completing, or as a part of, a cost-of-service analysis conducted to set fees and…
CHAPTER 4. Weather Resources Management §§ 400–420 · 7 sections
ARTICLE 1. General Provisions §§ 400–402 · 3 sections
- § 400 This chapter shall be known and may be cited as the California Weather Resources Management Act of 1984.
- § 401 It is hereby declared that atmospheric water within the state which is caused to fall by weather resources management activities shall, for the purpose of…
- § 402 As used in this chapter: (a) “Weather resources management” means attempting to produce by physical means any of the following: cloud water conversion, light…
ARTICLE 2. Notice of Intention §§ 410–412 · 3 sections
- § 410 Before commencing a weather resources management project, the project operator shall file with the department and cause to be published a notice of intention.
- § 411 The project operator shall cause the notice of intention to be published pursuant to Section 6063 of the Government Code in a newspaper having a general…
- § 412 Proof of publication shall be by copy of the notice as published attached to and made a part of the affidavit of the publisher or foreman of the newspaper…
ARTICLE 3. Reporting § 420 · 1 section
- § 420 The weather resources management project operator shall keep a record of all operations conducted, showing the equipment, the methods, the types, amounts,…
CHAPTER 5. Federal Reports on Proposed Flood Control and Reclamation Projects §§ 450–453 · 4 sections
- § 450 The Governor, or such state official or agency as he may designate, shall receive both the preliminary documents developed by, or the formal reports of, the…
- § 451 Within 10 days after the receipt of any such preliminary document or formal report, the Governor or his designee shall transmit copies thereof to both houses…
- § 452 Any legislative committee to which such a preliminary document or formal report has been assigned may submit written comments thereon to the Governor or his…
- § 453 The Governor or his designee shall transmit, within the time period specified in the applicable federal law, to the appropriate federal agency, together with…
CHAPTER 6. Water Reuse §§ 460–465 · 5 sections
ARTICLE 1. Short Title § 460 · 1 section
- § 460 This chapter shall be known as and may be cited as the Water Reuse Law of 1974.
ARTICLE 2. Declaration of Policy § 461 · 1 section
- § 461 It is hereby declared that the primary interest of the people of the state in the conservation of all available water resources requires the maximum reuse of…
ARTICLE 3. Action by the Department of Water Resources §§ 462–465 · 3 sections
- § 462 The department shall conduct studies and investigations on the availability and quality of wastewater and the uses of reclaimed water for beneficial purposes,…
- § 463 The department shall study and investigate the technology of the reuse of reclaimed water and further the development of the technology of the reclamation of…
- § 465 The department may assist local agencies and public utilities providing water service in applying for, and in obtaining approval of, federal and state funding…
CHAPTER 7. Water Transfer §§ 470–484 · 7 sections
ARTICLE 1. Short Title § 470 · 1 section
- § 470 This chapter shall be known as and may be cited as the Costa-Isenberg Water Transfer Act of 1986.
ARTICLE 2. Declaration of Policy § 475 · 1 section
- § 475 The Legislature hereby finds and declares that voluntary water transfers between water users can result in a more efficient use of water, benefiting both the…
ARTICLE 3. State Assistance §§ 480–484 · 5 sections
- § 480 The department shall establish an ongoing program to facilitate the voluntary exchange or transfer of water and implement the various state laws that pertain…
- § 481 The department shall create and maintain a list of entities seeking to enter into water supply transfers, leases, exchanges, or other similar arrangements. In…
- § 482 The department shall prepare a water transfer guide which shall include, but not be limited to, all of the following: (a) A review of existing and appropriate…
- § 483 The department shall consult and coordinate its activities with other state boards, departments, agencies, or offices whose assistance may be desirable or…
- § 484 (a) The temporary transfer of any water or water right that otherwise would have been consumptively used or stored by the transferor in the absence of the…
CHAPTER 8. Water Measurement §§ 500–537.5 · 34 sections
ARTICLE 1. Short Title § 500 · 1 section
- § 500 This chapter shall be known and may be cited as the Water Measurement Law.
ARTICLE 2. Definitions §§ 510–517 · 8 sections
- § 510 Unless the context otherwise requires, the provisions of this article govern the construction of this chapter.
- § 511 The definition of a word applies to any of its variants.
- § 512 “Water purveyor” means any person who furnishes water service to another person.
- § 513 “Person” means any individual, firm, association, partnership, corporation, or public entity of any kind.
- § 514 “Public entity” includes a city, county, city and county, whether general law or chartered, a district, board, commission, bureau, authority, agency,…
- § 515 “Water service” means the sale, lease, rental, furnishing, or delivery of water for beneficial use, and includes, but is not limited to, contracting for that…
- § 516 “Water meter” includes any suitable water measuring device or facility which measures or determines the volumetric flow of water.
- § 517 “Submeter” means a device that measures water consumption of an individual rental unit within a multiunit residential structure or mixed-use residential and…
ARTICLE 3. Declaration of Policy §§ 520–523 · 4 sections
- § 520 The Legislature hereby finds and declares that, pursuant to the primary interest of the people of the state to put the limited available supplies of water in…
- § 521 The Legislature further finds and declares all of the following: (a) Water furnished or used without any method of determination of the quantities of water…
- § 522 The Legislature further finds and declares that waste or unreasonable use of water imposes unnecessary and wasteful consumption of energy to deliver or furnish…
- § 523 The Legislature hereby finds and declares that the California goal for measurement of water use is the achievement by January 1, 1992, of the installation of…
ARTICLE 3.5. Metered Service §§ 525–529.7 · 7 sections
- § 525 (a) Notwithstanding any other provision of law, every water purveyor who sells, leases, rents, furnishes, or delivers water service to any person shall…
- § 526 (a) Notwithstanding any other provision of law, an urban water supplier that, on or after January 1, 2004, receives water from the federal Central Valley…
- § 527 (a) An urban water supplier that is not subject to Section 526 shall do both of the following: (1) Install water meters on all municipal and industrial service…
- § 528 Notwithstanding Sections 526 and 527, any water purveyor that becomes an urban water supplier on or after January 1, 2005, shall do both the following:…
- § 529 (a) This article addresses a subject matter of statewide concern. (b) Subject to subdivision (c), this article supersedes and preempts all enactments,…
- § 529.5 On and after January 1, 2010, any urban water supplier that applies for financial assistance from the state for a wastewater treatment project, a water use…
- § 529.7 This article does not limit the authority of a water purveyor that promotes conservation through volumetric water pricing, including, but not limited to, an…
ARTICLE 4. Standards § 530 · 1 section
- § 530 Domestic cold water meters shall be in compliance with relevant standards of the American Water Works Association and shall be of the type approved by the…
ARTICLE 4.3. Agricultural and Urban Water Use Reporting §§ 531–531.20 · 6 sections
- § 531 Unless the context otherwise requires, the definitions set forth in this section govern the construction of this article. (a) “Aggregated farm-gate delivery…
- § 531.2 The department, the board, and the State Department of Public Health shall coordinate the collection, management, and use of agricultural and urban water…
- § 531.5 (a) The board, in collaboration with the department, the authority or its successor agency, and the State Department of Public Health, shall prepare and submit…
- § 531.10 (a) (1) An agricultural water supplier shall submit an annual report to the department that summarizes aggregated farm-gate delivery data, on a monthly or…
- § 531.15 Notwithstanding any other provision of the law, state agencies shall carry out the duties described in this article only to the extent that funds are made…
- § 531.20 To the extent that the provisions of this article conflict with the requirements of Chapter 4800 of the State Administrative Manual, the requirements of that…
ARTICLE 4.5. Irrigated Landscape § 535 · 1 section
- § 535 (a) A water purveyor shall require as a condition of new retail water service on and after January 1, 2008, the installation of separate water meters to…
ARTICLE 5. Multiunit Structures §§ 537–537.5 · 6 sections
- § 537 (a) The structures in all of the following categories shall be exempt from this article: (1) Low-income housing. For purposes of this paragraph, “low-income…
- § 537.1 (a) Each water purveyor that sells, leases, rents, furnishes, or delivers water service to a newly constructed multiunit residential structure or newly…
- § 537.2 (a) A final occupancy permit for a building shall not be denied by a local building official if water submeters or meters have not been installed for each…
- § 537.3 (a) This article does not preclude or preempt an ordinance or regulation that regulates the approval of submeter types or the installation, maintenance,…
- § 537.4 It is the intent of the Legislature that this article should not be construed to impose costs on any local government agency, except to the extent that the…
- § 537.5 This article shall become operative on January 1, 2018.
CHAPTER 9. Water Districts § 540 · 1 section
- § 540 Notwithstanding any other provision of law, a water district, as defined in Section 20200, may serve as an aggregator to facilitate direct transactions within…
CHAPTER 10. Advance Payments for Habitat Restoration and Flood Protection Projects § 550 · 1 section
- § 550 (a) The department and the board have discretion to provide advance payments to local agencies for projects that satisfy the following criteria: (1) Have at…