DIVISION 2. WATER [1000. - 5951.]
Division 2 enacted by Stats. 1943, Ch. 368.
§§ 1000–5951 · 615 sections
PART 1. GENERAL PROVISIONS §§ 1000–1126 · 88 sections
CHAPTER 1. Definitions and Interpretation of Division §§ 1000–1018 · 25 sections
- § 1000 As used in this division, “water” includes the term “use of water.”
- § 1001 Nothing in this division shall be construed as giving or confirming any right, title, or interest to or in the corpus of any water.
- § 1002 This division shall not be held to bestow upon any person, except as expressly provided in it, any right where no such right existed prior to the time this…
- § 1003 As used in this division, “Water Commission Act” means Chapter 586, Statutes of 1913, as amended.
- § 1004 As used in this division, “useful or beneficial purposes” shall not be construed to mean the use in any one year of more than 21/2 acre-feet of water per acre…
- § 1005 Nothing in this division shall be construed as depriving any city, city and county, municipal water district, irrigation district, or lighting district of the…
- § 1005.1 Cessation of or reduction in the extraction of ground water by the owner of a right to extract, as the result of the use of an alternate supply of water from a…
- § 1005.2 Cessation of or reduction in the extraction of ground water, to permit the replenishment of such ground water by the use of water from an alternate…
- § 1005.3 During the pendency of an action to adjudicate substantially all water rights in a ground water basin situated in whole or in part within the…
- § 1005.4 (a) Cessation of or reduction in the extraction of ground water, to permit the replenishment of such ground water by the use of water from an alternate…
- § 1006 Nothing in this division affects or limits in any manner whatsoever the right or power of any municipality which, prior to December 19, 1914, had appropriated…
- § 1007 Nothing in this division shall be construed to deprive the State or any city, city and county, municipal water district, irrigation district, lighting…
- § 1008 Nothing in this division shall be construed as depriving any person of the right of appeal conferred under the laws of this State.
- § 1009 Any supplier of water in this state for municipal use, including the state, or any city, county, city and county, district, individual, partnership,…
- § 1009.5 (a) A water district and the district attorney of any county in which the water district is located may enter into an agreement authorizing the attorney for…
- § 1010 (a) (1) The cessation of, or reduction in, the use of water under any existing right regardless of the basis of right, as the result of the use of recycled…
- § 1011 (a) When any person entitled to the use of water under an appropriative right fails to use all or any part of the water because of water conservation efforts,…
- § 1011.5 (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…
- § 1012 Notwithstanding any other provision of law, where any person, public agency, or agency of the United States undertakes any water conservation effort, either…
- § 1013 (a) The Imperial Irrigation District, acting under a contract with the United States for diversion and use of Colorado River water or pursuant to the…
- § 1014 The transfer of water, or the offer of water for transfer, shall not cause, or be the basis for, a forfeiture, abandonment, or modification of any water right,…
- § 1015 During the term of a temporary change, as defined in Section 1725.5, if an enforcement action or other proceeding is commenced that alleges that the use of…
- § 1016 (a) At the conclusion of the term of a water transfer agreement, all rights in, and the use of, the water subject to the agreement revert back to the…
- § 1017 The beneficial use of water pursuant to a transfer or exchange authorized pursuant to Chapter 6.6 (commencing with Section 1435) of, Chapter 10 (commencing…
- § 1018 When agricultural lands are being idled in order to provide water for transfer pursuant to this division, and an amount of water is determined to be made…
CHAPTER 1.5. Water Leases §§ 1020–1031 · 14 sections
- § 1020 Water may be leased for a period not to exceed five years to assist water conservation efforts pursuant to the terms and conditions of this chapter. The terms…
- § 1021 (a) The water subject to a water lease agreement shall be water that is subject to a water right of the lessor. The amount of water leased shall not exceed 25…
- § 1022 If the water subject to the lease is held by a water district, a water company, or a mutual water company, hereafter collectively referred to as the district,…
- § 1024 (a) Nothing in this chapter authorizes the sale of any water right or the modification of any water right or contract. (b) No right in any water, water…
- § 1024.5 This chapter does not limit any review of the lessee’s use of the leased water.
- § 1025 If the lessor or lessee is a water district, the water lessor shall file a notice with the state board of the water lease agreement and include in the notice…
- § 1025.5 (a) If both the lessor and lessee are private parties, the lessor shall file an application with the board for approval of the lease agreement and shall…
- § 1025.7 Water leases pursuant to this chapter are not subject to Chapter 10 (commencing with Section 1700) or Chapter 10.5 (commencing with Section 1725) of Part 2.
- § 1026 The lead agency shall not approve a water lease until 30 days after the board provides written public notice, including notice by personal delivery or…
- § 1027 (a) Any water lease agreement entered into pursuant to this chapter involving the transfer of water from the Sacramento-San Joaquin Delta shall provide outflow…
- § 1028 In any proceeding pursuant to Section 1029, the court shall determine issues relating to the lease and the effects of the water transfer pursuant to the lease…
- § 1029 Division 13 (commencing with Section 21000) of the Public Resources Code applies to water lease agreements authorized by this chapter. For purposes of that…
- § 1030 During the term of the water lease, the state board shall monitor the lease, as appropriate. The state board shall initiate proceedings, if appropriate, to…
- § 1031 A water lease pursuant to this chapter shall not take effect until the first annual fee, set pursuant to Section 1525, is paid, and the lease shall not…
CHAPTER 2. Administrative Provisions Generally §§ 1050–1060 · 18 sections
- § 1050 This division is hereby declared to be in furtherance of the policy contained in Section 2 of Article X of the California Constitution and in all respects for…
- § 1051 (a) The board for the purpose of this division may: (1) Investigate all streams, stream systems, portions of stream systems, lakes, or other bodies of water.…
- § 1051.1 (a) In conducting an investigation or proceeding specified in Section 275 or 1051, or in Article 7 (commencing with Section 13550) of Chapter 7 of Division 7,…
- § 1051.5 In furtherance of its powers and duties under Parts 2 (commencing with Section 1200) and 3 (commencing with Section 2000) of this division, the board may…
- § 1052 (a) The diversion or use of water subject to this division other than as authorized in this division is a trespass. (b) (1) An action for the issuance of…
- § 1053 A full and accurate record of business or acts performed or of testimony taken by the board and the department in pursuance of the provisions of this division…
- § 1054 The board and the department may certify to all of their official acts and may certify copies of all official documents and orders filed in their respective…
- § 1055 (a) The executive director of the board may issue a complaint to any person or entity on which administrative civil liability may be imposed pursuant to…
- § 1055.2 A person or entity shall not be subject to both civil liability imposed under Section 1055 and civil liability imposed by the superior court under Section 1052…
- § 1055.3 In determining the amount of civil liability, the board shall take into consideration all relevant circumstances, including, but not limited to, the extent of…
- § 1055.4 After the time for review under Chapter 4 (commencing with Section 1120) has expired, the board may apply to the clerk of the appropriate court for a judgment…
- § 1055.5 (a) (1) The board shall adjust on an annual basis, by January 1 of each year beginning in 2026, all civil and administrative liabilities or penalties imposed…
- § 1056 The board and the department may fix reasonable charges for publications issued under their respective authorities.
- § 1057 All fees charged and collected under this chapter shall be paid, at least once each month, accompanied by a detailed statement thereof, into the State Treasury.
- § 1058 The board may make such reasonable rules and regulations as it may from time to time deem advisable in carrying out its powers and duties under this code.
- § 1058.5 (a) This section applies to any emergency regulation adopted by the board for which the board makes both of the following findings: (1) The emergency…
- § 1059 The board and the department, as to matters under each of their respective jurisdictions, may designate one or more of their employees who shall have authority…
- § 1060 (a) All fees collected by the State Water Resources Control Board or by a California regional water quality control board, and deposited in the State Treasury,…
CHAPTER 3. Witnesses and Production of Evidence §§ 1075–1106 · 20 sections
ARTICLE 1. Definitions §§ 1075–1076 · 2 sections
ARTICLE 2. Attendance and Fees §§ 1080–1086 · 7 sections
- § 1080 The board may administer oaths and issue subpenas for the attendance and giving of testimony by witnesses and for the production of evidence in any proceeding…
- § 1081 Each witness who appears by order of the board shall receive for his attendance the same fees and mileage allowed by law to witnesses in civil cases, which…
- § 1082 When any witness who has not been required to attend at the request of any party is subpenaed by the board his fees and mileage shall be paid from the funds…
- § 1083 Any witness subpenaed, except one whose fees and mileage are payable from the funds of the board, may, at the time of service, demand the fees to which he is…
- § 1084 If the witness demands the fees to which he is entitled at the time of service and they are not at that time paid or tendered he shall not be required to…
- § 1085 All fees and mileage to which any witness is entitled under the provisions of this chapter may be collected by action therefor instituted by the person to whom…
- § 1086 No witness shall be compelled to attend as a witness before the board under this division out of the county in which he resides, unless the distance is less…
ARTICLE 3. Compelling Attendance §§ 1090–1097 · 8 sections
- § 1090 The superior court of the county in which any proceeding is held by the board may compel the attendance and giving of testimony by witnesses and the production…
- § 1091 In case of the refusal of any witness to attend or testify or produce any evidence required by a subpena issued by it, the board may report by petition to the…
- § 1092 The petition shall set forth the following: (a) That due notice has been given of the time and place of attendance of the witness or for the production of…
- § 1093 The petition shall ask an order of court compelling the witness to attend, testify, and produce the evidence before the board.
- § 1094 The court, upon the petition of the board, shall enter an order directing the witness to appear before the court at a time and place fixed by the court in the…
- § 1095 A copy of the order and of the petition shall be served upon the witness.
- § 1096 If it appears to the court that the subpena was regularly issued, the court shall thereupon enter an order that the witness appear before the board at the time…
- § 1097 Upon failure to obey the order the witness shall be dealt with as for contempt of court.
ARTICLE 4. Depositions § 1100 · 1 section
- § 1100 The board or any party to a proceeding before it may, in any investigation or hearing, cause the deposition of witnesses residing within or without the state…
ARTICLE 5. Immunity §§ 1105–1106 · 2 sections
- § 1105 (a) Except as provided in subdivision (c), no person shall be excused from testifying or from producing any evidence in any investigation or inquiry by or…
- § 1106 No person who is granted immunity under subdivision (b) of Section 1105 shall be criminally prosecuted or be subjected to any criminal penalty for or on…
CHAPTER 3.5. State Water Resources Control Board Administrative Hearings Office §§ 1110–1114 · 5 sections
- § 1110 (a) There is within the board an Administrative Hearings Office. The board shall administer the Administrative Hearings Office as an independent organizational…
- § 1111 (a) The Administrative Hearings Office shall include attorneys qualified to act as hearing officers in adjudicative proceedings involving water rights matters.…
- § 1112 (a) Except as provided in subdivision (b), a hearing officer from the Administrative Hearings Office shall preside over a hearing in any of the following…
- § 1113 In accordance with subdivision (c) of Section 1110, the Administrative Adjudication Code of Ethics (Article 16 (commencing with Section 11475) of Chapter 4.5…
- § 1114 (a) Proposed and final orders in an adjudicative proceeding presided over by a hearing officer from the Administrative Hearings Office shall be prepared in…
CHAPTER 4. Reconsideration, Amendment, and Judicial Review of Water Right Decisions and Orders §§ 1120–1126 · 6 sections
ARTICLE 1. General Provisions §§ 1120–1121 · 2 sections
- § 1120 This chapter applies to any decision or order issued under this part or Section 275, Part 2 (commencing with Section 1200), Part 2 (commencing with Section…
- § 1121 The board shall serve a copy of a decision or order on the parties by personal delivery, certified mail, in accordance with the manner of service of a summons…
ARTICLE 2. Reconsideration and Amendment of Decisions and Orders §§ 1122–1124 · 3 sections
- § 1122 The board may order a reconsideration of all or part of a decision or order on the board’s own motion or on the filing of a petition of any interested person…
- § 1123 The decision or order may be reconsidered by the board on all the pertinent parts of the record and such argument as may be permitted, or a further hearing may…
- § 1124 The board at any time may amend or modify a decision or order to correct any obvious typographical or clerical error or oversight without the necessity of…
ARTICLE 3. Review by Court of Decisions and Orders § 1126 · 1 section
- § 1126 (a) It is the intent of the Legislature that all issues relating to state water law decided by the board be reviewed in state courts, if a party seeks judicial…
PART 2. APPROPRIATION OF WATER §§ 1200–1851 · 296 sections
CHAPTER 1. General Provisions §§ 1200–1248 · 59 sections
ARTICLE 1. Water Subject to Appropriation §§ 1200–1203 · 4 sections
- § 1200 Whenever the terms stream, lake or other body of water, or water occurs in relation to applications to appropriate water or permits or licenses issued pursuant…
- § 1201 All water flowing in any natural channel, excepting so far as it has been or is being applied to useful and beneficial purposes upon, or in so far as it is or…
- § 1202 The following are hereby declared to constitute unappropriated water: (a) All water which has never been appropriated. (b) All water appropriated prior to…
- § 1203 Any water the right to the use of which is held by any municipality which is in excess of the existing municipal needs therefor may be appropriated by any…
ARTICLE 1.3. Declaration of Fully Appropriated Stream System §§ 1205–1207 · 3 sections
- § 1205 (a) Following notice and hearing, the board may adopt a declaration that a stream system is fully appropriated. As used in this article, “stream system”…
- § 1206 (a) From and after the date of adoption of a declaration that a stream system is fully appropriated, and subject to subdivision (b), the board shall not accept…
- § 1207 Notice of hearing pursuant to this article shall be given as follows: (a) The notice shall be published at least once a week for four consecutive weeks in one…
ARTICLE 1.5. Treated Waste Water §§ 1210–1212 · 3 sections
- § 1210 The owner of a waste water treatment plant operated for the purpose of treating wastes from a sanitary sewer system shall hold the exclusive right to the…
- § 1211 (a) Prior to making any change in the point of discharge, place of use, or purpose of use of treated wastewater, the owner of any wastewater treatment plant…
- § 1212 The board shall not grant any permit or license to any person other than the treated waste water producer for the appropriation of treated waste water where…
ARTICLE 1.7. Areas of Origin §§ 1215–1222 · 11 sections
- § 1215 This article shall only apply to a water supplier exporting or intending to export water for use outside a protected area pursuant to applications to…
- § 1215.5 (a) For the purposes of this article, “protected area”, means all of lands which normally drain to the ocean, to a hydraulic sink, or to another state within…
- § 1215.6 For the purposes of this article, “water user or users” within a protected area means an appropriator or appropriators, a riparian user or users, or a…
- § 1216 A protected area shall not be deprived directly or indirectly of the prior right to all the water reasonably required to adequately supply the beneficial needs…
- § 1217 (a) In addition to the right to obtain a water right which would have priority over the rights of an exporter, water users in a protected area shall have the…
- § 1218 Upon the request of an applicant for a permit to appropriate water for use outside a protected area, a county of origin shall cooperate with the applicant in…
- § 1219 A water supplier exporting or intending to export water outside a protected area, or a water user or users within a protected area, may declare that an impasse…
- § 1219.5 The provisions of this article shall not require any water supplier exporting or intending to export water for use outside a protected area to furnish to any…
- § 1220 (a) No groundwater shall be pumped for export from within the combined Sacramento and Delta-Central Sierra Basins, as defined in the Department of Water…
- § 1221 This article shall not be construed to authorize the board to regulate groundwater in any manner.
- § 1222 Nothing in this article shall be deemed to diminish the rights and protections to watersheds of origin contained in existing law including, but not limited to,…
ARTICLE 2. Exclusive Method of Appropriation § 1225 · 1 section
- § 1225 Except as provided in Article 2.5 (commencing with Section 1226) of this chapter, no right to appropriate or use water subject to appropriation shall be…
ARTICLE 2.5. Stockponds §§ 1226–1226.4 · 5 sections
- § 1226 The Legislature finds and declares that it is necessary and beneficial to the state to clear up many heretofore uncertain conditions of water rights which are…
- § 1226.1 The owner of any dam or other water impoundment structure constructed prior to January 1, 1969, the capacity of which is not in excess of 10 acre-feet on…
- § 1226.2 (a) Any person who has a valid water right pursuant to Section 1226.1, who files a claim of water right with the board on or before December 31, 1977, has a…
- § 1226.3 Each claim of water right shall be accompanied by a fee which shall be in an amount determined by the board to cover the reasonable administrative costs of…
- § 1226.4 The board may, after notice and hearing, revoke any certificate of a water right granted pursuant to this article upon a finding that the water has ceased to…
ARTICLE 2.6. Nonreserved Water Rights for Federal Uses §§ 1227–1227.4 · 5 sections
- § 1227 The Legislature finds and declares that it is in the public interest to provide a priority of right to appropriate water for various beneficial water uses…
- § 1227.1 (a) To obtain the priority of right set forth in Section 1227, any agency of the United States shall submit to the board, on or before July 1, 1984, a…
- § 1227.2 (a) Subject to subdivisions (b) and (c), any use for which a statement is submitted to the board pursuant to Section 1227.1 has a priority for the…
- § 1227.3 This article does not apply to uses involving the appropriation of water by any person, including any agency of the United States, pursuant to the Federal…
- § 1227.4 The board may, after following procedures set forth in Sections 1675 to 1675.2, inclusive, revoke any water right determined pursuant to this article upon a…
ARTICLE 2.7. Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses §§ 1228–1229.1 · 10 sections
- § 1228 This article shall be known and may be cited as the Water Rights Permitting Reform Act of 1988.
- § 1228.1 (a) The Legislature finds and declares that it is in the public interest to provide a timely, efficient, and economic procedure for the acquisition of rights…
- § 1228.2 (a) (1) Subject to subdivision (b), a person may obtain a right to appropriate water for a small domestic, small irrigation, or livestock stockpond use upon…
- § 1228.3 (a) Registration of water use pursuant to this article shall be made upon a form prescribed by the board. The registration form shall set forth all of the…
- § 1228.4 (a) Any completed registration of water use gives to the registrant a priority of right as of the date of completed registration to take and use the amount of…
- § 1228.5 (a) Registration of a small domestic, small irrigation, or livestock stockpond use pursuant to this article shall be renewed prior to the expiration of each…
- § 1228.6 (a) The board shall establish, and may from time to time revise, reasonable general conditions to which all appropriations made pursuant to this article shall…
- § 1228.7 (a) A registrant may change the point of diversion or place of use by delivering to the board an amended registration form in accordance with Section 1228.3,…
- § 1229 (a) The board is not required to adopt general conditions for small irrigation use pursuant to subdivision (a) of Section 1228.6 until the board determines…
- § 1229.1 (a) This article does not apply to those stream segments for which the Director of Fish and Wildlife establishes proposed streamflow requirements pursuant to…
ARTICLE 3. Appropriation from Interstate Streams §§ 1230–1231 · 2 sections
- § 1230 If the waters of an interstate body of water have been allocated between California and another state or Indian tribe by a compact, United States Supreme Court…
- § 1231 (a) A right of appropriation from a stream that flows across the state boundary that has the point of diversion and the place of use in another state and is…
ARTICLE 4. Beneficial Use §§ 1240–1244 · 11 sections
- § 1240 The appropriation must be for some useful or beneficial purpose, and when the appropriator or his successor in interest ceases to use it for such a purpose the…
- § 1241 If the person entitled to the use of water fails to use beneficially all or any part of the water claimed by him or her, for which a right of use has vested,…
- § 1241.6 If water appropriated for irrigation purposes is not used by reason of compliance with crop control or soil conservation contracts with the United States, and…
- § 1242 The storing of water underground, including the diversion of streams and the flowing of water on lands necessary to the accomplishment of such storage,…
- § 1242.1 The diversion of floodflows for groundwater recharge shall not require an appropriative water right if all of the following conditions are met: (a) (1) A local…
- § 1242.2 (a) The board shall post on its internet website all reports received pursuant to Section 1242.1. (b) On an annual basis, until January 1, 2029, the board…
- § 1242.3 (a) The Legislature finds and declares as follows: (1) California’s central valley has one of the highest flood risks in the United States. Recognizing this…
- § 1242.5 The board, subject to the provisions of Section 100 and whenever it is in the public interest, may approve appropriation by storage of water to be released for…
- § 1243 (a) The use of water for recreation and preservation and enhancement of fish and wildlife resources is a beneficial use of water. In determining the amount of…
- § 1243.5 In determining the amount of water available for appropriation, the board shall take into account, whenever it is in the public interest, the amounts of water…
- § 1244 The sale, lease, exchange, or transfer of water or water rights, in itself, shall not constitute evidence of waste or unreasonable use, unreasonable method of…
ARTICLE 5. Liability Within a Watershed §§ 1245–1248 · 4 sections
- § 1245 Every municipal corporation of this State, and every person, firm or corporation engaged in supplying water to any municipal corporations for municipal,…
- § 1246 For the purpose of ascertaining the amount of any damage claimed to have been suffered or sustained by reason of any of the acts or things mentioned in Section…
- § 1247 Nothing in this article shall confer the right to recover damages resulting directly or indirectly by reason of the construction, operation or maintenance of…
- § 1248 This article shall be liberally construed.
CHAPTER 2. Applications to Appropriate Water §§ 1250–1276 · 29 sections
ARTICLE 1. General Provisions §§ 1250–1259.6 · 17 sections
- § 1250 The board shall consider and act upon all applications for permits to appropriate water and shall do all things required or proper relating to such…
- § 1250.5 The board shall consider and act upon all applications for permits to appropriate water which propose, as a primary purpose of the application, the development…
- § 1251 The board shall make such investigations of the water resources of the State as may be necessary for the purpose of securing information needed in connection…
- § 1252 Any person may apply for and secure from the board, in conformity with this part and in conformity with reasonable rules and regulations adopted from time to…
- § 1252.1 An appropriation of water of any stream or other source of water under this part does not confer authority upon the appropriator to prevent or interfere with…
- § 1252.5 All rights and privileges conferred by this part upon any person in relation to the appropriation of water are likewise conferred upon the United States, the…
- § 1253 The board shall allow the appropriation for beneficial purposes of unappropriated water under such terms and conditions as in its judgment will best develop,…
- § 1254 In acting upon applications to appropriate water the board shall be guided by the policy that domestic use is the highest use and irrigation is the next…
- § 1255 The board shall reject an application when in its judgment the proposed appropriation would not best conserve the public interest.
- § 1256 In determining public interest under Sections 1253 and 1255, the board shall give consideration to any general or co-ordinated plan looking toward the control,…
- § 1257 In acting upon application to appropriate water, the board shall consider the relative benefit to be derived from (1) all beneficial uses of the water…
- § 1257.5 The board, in acting on applications to appropriate water, shall consider streamflow requirements proposed for fish and wildlife purposes pursuant to Sections…
- § 1258 In acting upon applications to appropriate water, the board shall consider water quality control plans which have been established pursuant to Division 7…
- § 1259 In acting upon applications to appropriate water, the board shall consider the state goal of providing a decent home and suitable living environment for every…
- § 1259.2 (a) The board shall annually prepare a written summary, in chart form, of pending applications to appropriate water in the Counties of Marin, Napa, Sonoma,…
- § 1259.4 (a) (1) On or before January 1, 2008, the board shall adopt principles and guidelines for maintaining instream flows in coastal streams from the Mattole River…
- § 1259.6 (a) (1) The board shall develop and adopt regulations to govern consideration of climate change effects in water availability analyses used in the board’s…
ARTICLE 2. Contents of Applications §§ 1260–1266 · 7 sections
- § 1260 An application for a permit to appropriate water shall set forth all of the following: (a) The name and post office address of the applicant. (b) The source of…
- § 1261 All applications shall be accompanied by as many copies of such maps, drawings, and other data as may be prescribed or required by the board, and such maps,…
- § 1262 If for agricultural purposes the application shall give the legal subdivisions of the land and the acreage to be irrigated, as near as may be.
- § 1263 If for power purposes the application shall state the nature of the works by means of which the power is to be developed, the head and amount of water to be…
- § 1264 If for municipal water supply the application shall state the present population to be served, and, as near as may be, the future requirements of the city.
- § 1265 If for mining purposes the application shall state the nature and location of the mines to be served and the methods of supplying and utilizing the water.
- § 1266 If for storage in a reservoir the application shall state the height of dam, the capacity of reservoir, and the use to be made of the impounded waters, except…
ARTICLE 3. Defective Applications §§ 1270–1271 · 3 sections
- § 1270 A defective application made in a bona fide attempt to conform to the rules and regulations of the board and to the law secures to the applicant a priority of…
- § 1270.5 The board, by January 1, 2025, shall update its online search tool for funding applications to include, at a minimum, all of the following information: (a) A…
- § 1271 If, within the period provided, the applicant does not file an amended and perfected application, the application shall be rejected and canceled, unless for…
ARTICLE 4. Supplemental Information §§ 1275–1276 · 2 sections
- § 1275 After an application has been perfected, the board may request additional information reasonably necessary to clarify, amplify, correct, or otherwise…
- § 1276 If, within the period provided, the applicant does not provide the information requested under Section 1275, the application shall be canceled, unless for good…
CHAPTER 3. Notice of Application §§ 1300–1324 · 17 sections
ARTICLE 1. Contents of Notice §§ 1300–1304 · 5 sections
- § 1300 As soon as practicable after the receipt of an application for a permit to appropriate water which conforms to the rules and regulations of the board and to…
- § 1301 The notice shall specify all of the following: (a) The number of the application. (b) The name and address of the applicant. (c) The date of filing. (d) The…
- § 1302 If the application is for more than three cubic feet per second or for more than 200 acre-feet per annum of storage, the notice shall state that protests…
- § 1303 If the application is for three cubic feet or less per second, or for 200 acre-feet or less per annum of storage, the notice shall state that protests may be…
- § 1304 The notice shall contain appropriate general information as to what protests against the approval of the application shall contain in order to accord with the…
ARTICLE 2. Publication of Notice §§ 1310–1317 · 7 sections
- § 1310 If the application is for more than three cubic feet per second or for more than 200 acre-feet per annum of storage the notice of application shall be…
- § 1311 Upon receipt of notice of an application coming under this article, the applicant shall cause it to be published as directed by the board.
- § 1312 The notice shall be published at the expense of the applicant at least once a week for three consecutive weeks, commencing within 20 days of the date of…
- § 1313 In case there is no newspaper published within the appropriate county publication shall be made in a newspaper having a general circulation within the county.
- § 1315 Proof of publication shall be filed by the applicant within 60 days from the date of issuance of the notice.
- § 1316 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…
- § 1317 The board may cancel any application for failure of the applicant to file proof of publication in accordance with this article, provided the board first gives…
ARTICLE 3. Posting and Mailing Notice §§ 1320–1324 · 5 sections
- § 1320 Notice of an application for three cubic feet or less per second or for 200 acre-feet or less per annum of storage shall be given by posting and mailing in…
- § 1321 Upon the date of issuance of notice of an application coming under this article the board shall mail three copies of the notice to the applicant by registered…
- § 1322 The applicant shall post the notice within 20 days of the date of issuance thereof in at least two conspicuous places in the locality to be affected by the…
- § 1323 Proof of posting shall be by affidavit of the applicant or the person posting notice on behalf of the applicant and shall be filed within 40 days from the date…
- § 1324 The board may cancel any application for failure of the applicant to file proof of posting in accordance with this article, provided the board first gives the…
CHAPTER 4. Protest of Application §§ 1330–1335 · 6 sections
- § 1330 Any person interested may, within the time allowed in the notice of application or within such further time as may, for good cause shown, be allowed by the…
- § 1331 The protest shall meet all of the following requirements: (a) State the name and address of the protestant. (b) Be signed by the protestant, or the…
- § 1332 The board may request from the protestant additional information reasonably necessary to clarify, amplify, correct, or otherwise supplement the information…
- § 1333 The protestant and the applicant shall make a good faith effort to resolve the protest within 180 days from the date on which the period provided under Section…
- § 1334 The board may request from the protestant or the applicant additional information that the board determines is reasonably necessary to attempt to resolve the…
- § 1335 (a) The board may cancel a protest or application for failure to provide information requested by the board under this article within the period provided. (b)…
CHAPTER 5. Proceedings on Application §§ 1340–1353 · 11 sections
ARTICLE 1. Notice of Hearing §§ 1340–1342 · 3 sections
- § 1340 Notice of hearing on a protested application shall be given by mailing notice not less than 20 days before the date of hearing to both the applicant and…
- § 1341 The notice of hearing on a protested application shall state the names of the applicant and protestant, the time and place fixed for the hearing, and such…
- § 1342 If a hearing is held on an unprotested application, notice of hearing shall be given by mailing notice not less than 20 days before the date of hearing.
ARTICLE 1.5. Minor Protested Applications Procedure §§ 1345–1348 · 4 sections
- § 1345 (a) Except as provided in subdivision (b), the Division of Water Rights shall conduct a field investigation of all minor protested applications. The board…
- § 1346 The Division of Water Rights may request the parties to submit information in support of their positions. The Division of Water Rights may request information…
- § 1347 Based upon the field investigation and any other information obtained under this article, the Division of Water Rights shall issue a decision unless the board…
- § 1348 For purposes of this article, a minor application shall mean either of the following: (a) Any application which does not involve direct diversions in excess of…
ARTICLE 2. Action on Application §§ 1350–1353 · 4 sections
- § 1350 The board may grant, or refuse to grant a permit and may reject any application, after hearing.
- § 1351 No hearing is necessary in order to issue a permit upon an unprotested application, or if undisputed facts support the issuance of the permit and there is no…
- § 1352 Upon failure of any party in interest to appear at a hearing or show good cause within five days thereafter for his failure, final action may be taken without…
- § 1353 In the conduct of hearings technical rules of evidence need not be applied.
CHAPTER 6. Permits §§ 1375–1410.2 · 16 sections
ARTICLE 1. Prerequisites to Issuance of Permit § 1375 · 1 section
- § 1375 As prerequisite to the issuance of a permit to appropriate water the following facts must exist: (a) There must be an applicant. (b) The application must…
ARTICLE 2. Issuance of Permit §§ 1380–1382 · 3 sections
ARTICLE 3. Permit Terms and Conditions §§ 1390–1394 · 5 sections
- § 1390 A permit shall be effective for such time as the water actually appropriated under it is used for a useful and beneficial purpose in conformity with this…
- § 1391 Every permit shall include the enumeration of conditions therein which in substance shall include all of the provisons of this article and the statement that…
- § 1392 Every permittee, if he accepts a permit, does so under the conditions precedent that no value whatsoever in excess of the actual amount paid to the State…
- § 1393 The board shall include as a condition in any permit under which a reservoir with an impounding capacity of 50 acre-feet or more is to be constructed, that the…
- § 1394 (a) The board may reserve jurisdiction, in whole or in part, to amend, revise, supplement, or delete terms and conditions in a permit under either of the…
ARTICLE 4. Application to Beneficial Use and Construction of Works §§ 1395–1398 · 4 sections
- § 1395 Actual construction work upon any project shall begin within the time specified in the permit, which time shall not be less than 60 days from the date of the…
- § 1396 The construction of the work thereafter and the utilization of water for beneficial purposes shall be prosecuted with due diligence in accordance with this…
- § 1397 The work shall be completed and the water applied to beneficial use in accordance with this division, the rules and regulations of the board, and the terms of…
- § 1398 (a) The period specified in the permit for beginning construction work, for completion of construction work, for application of the water to beneficial use, or…
ARTICLE 5. Revocation of Permit §§ 1410–1410.2 · 3 sections
- § 1410 (a) There shall be cause for revocation of a permit if the work is not commenced, prosecuted with due diligence, and completed or the water applied to…
- § 1410.1 The notice of proposed revocation of the permit pursuant to paragraph (2) of subdivision (b) of Section 1410 shall contain a statement of facts and information…
- § 1410.2 In any case when a permit is revoked without a hearing, as provided in Section 1410.1, the permittee, within 90 days of the date of the order of revocation,…
CHAPTER 6.5. Temporary Permits §§ 1425–1433.6 · 14 sections
ARTICLE 1. Temporary Urgency Permits §§ 1425–1431 · 7 sections
- § 1425 (a) Any person, whether or not an applicant, permittee, or licensee under provisions of this division other than this article, who has an urgent need to divert…
- § 1426 The application for a temporary permit shall be completed in accordance with the provisions of Section 1260 and shall be accompanied by such maps, drawings,…
- § 1427 Before making the findings required by Section 1425, the board shall do all of the following: (a) Review available records, files, and decisions that relate to…
- § 1428 The board may issue a temporary permit in advance of the notice required by this section. In all cases, whether or not a temporary permit has been issued, the…
- § 1429 The board shall supervise diversion and use of water under the temporary permit for the protection of all lawful users of waters and instream beneficial uses…
- § 1430 A temporary permit issued under this article shall not result in the creation of a vested right, even of a temporary nature, but shall be subject at all times…
- § 1431 A temporary permit issued under this article may be renewed by the board. Requests for renewals shall be processed in the manner provided by this article,…
ARTICLE 2. Temporary Permits for Diversion to Underground Storage §§ 1433–1433.6 · 7 sections
- § 1433 (a) Unless the context otherwise requires, the following definitions govern the construction of this article: (1) “Basin” has the same meaning as defined in…
- § 1433.1 (a) A groundwater sustainability agency or a local agency, whether or not an applicant, permittee, or licensee under provisions of this division other than…
- § 1433.2 (a) The application for a temporary permit shall be completed in accordance with Section 1260 and shall be accompanied by any maps, drawings, and other data…
- § 1433.3 (a) As soon as practicable after the receipt of an application, the board shall issue and deliver to the applicant a notice of the application that includes…
- § 1433.4 The board shall supervise diversion and use of water under a permit issued under this article for the protection of all lawful users of water, for protection…
- § 1433.5 A permit issued under this article shall not result in the creation of a vested right, even of a temporary nature. The permit is subject, at all times, to…
- § 1433.6 The board may renew a permit issued under this article if the board, in its judgment, concludes that the applicant has exercised due diligence in applying for…
CHAPTER 6.6. Temporary Changes §§ 1435–1443.7 · 16 sections
ARTICLE 1. Temporary Urgency Changes §§ 1435–1442 · 8 sections
- § 1435 (a) Any permittee or licensee who has an urgent need to change a point of diversion, place of use, or purpose of use from that specified in the permit or…
- § 1436 The petition for a temporary change order shall be completed in accordance with the rules of the board, and the petitioner shall pay the fee required by…
- § 1437 Before making the findings required by Section 1435, the board shall review available records, files, and decisions that relate to the rights of other legal…
- § 1438 (a) The board may issue a temporary change order in advance of the notice required by this section. In all cases, whether or not a temporary change order has…
- § 1439 The board shall supervise diversion and use of water under the temporary change order for the protection of all other lawful users of water and instream…
- § 1440 A temporary change order issued under this article shall not result in the creation of a vested right, even of a temporary nature, but shall be subject at all…
- § 1441 A temporary change order issued under this article may be renewed by the board. Requests for renewal shall be processed in the manner provided by this chapter…
- § 1442 This article shall not apply to any permittee or licensee petitioning for a temporary change pursuant to Chapter 10.5 (commencing with Section 1725).
ARTICLE 2. Temporary Changes for Diversion to Underground Storage §§ 1443–1443.7 · 8 sections
- § 1443 (a) Unless the context otherwise requires, the following definitions govern the construction of this article: (1) “Basin” has the same meaning as defined in…
- § 1443.1 (a) A groundwater sustainability agency or a local agency that is a permittee or a licensee under provisions of this division other than this article, may…
- § 1443.2 (a) The petition for a temporary change order shall be completed in accordance with the rules of the board that specify the information and maps to be included…
- § 1443.3 (a) As soon as practicable after the receipt of a petition for a temporary change order, the board shall issue and deliver to the petitioner a notice of the…
- § 1443.4 The board shall supervise diversion and use of water under a change order issued under this article for the protection of all lawful users of water and…
- § 1443.5 A change order issued under this article shall not result in the creation of a vested right, even of a temporary nature. The change order is subject, at all…
- § 1443.6 The board may renew a change order issued under this article if the board, in its judgment, concludes that the petitioner has exercised due diligence in…
- § 1443.7 This article does not apply to any permittee or licensee petitioning for a temporary change pursuant to Chapter 10.5 (commencing with Section 1725).
CHAPTER 7. Priorities §§ 1450–1491 · 13 sections
ARTICLE 1. Priority of Application § 1450 · 1 section
- § 1450 Any application properly made gives to the applicant a priority of right as of the date of the application until such application is approved or rejected. Such…
ARTICLE 2. Effect of Issuance of Permit § 1455 · 1 section
- § 1455 The issuance of a permit continues in effect the priority of right as of the date of the application and gives the right to take and use the amount of water…
ARTICLE 3. Preferred Priorities of Municipalities §§ 1460–1464 · 5 sections
- § 1460 The application for a permit by a municipality for the use of water for the municipality or the inhabitants thereof for domestic purposes shall be considered…
- § 1461 The application for, or the granting of, a permit to any municipality to appropriate water does not authorize the appropriation of any water for other than…
- § 1462 Where permission to appropriate is granted to any municipality for any quantity of water in excess of the existing municipal needs therefor, the board may,…
- § 1463 When the municipality desires to use the additional water granted in its application it may do so upon making just compensation for the facilities for taking,…
- § 1464 In lieu of the granting of such temporary permits for appropriation, the board may authorize the municipality to become as to such surplus a public utility,…
ARTICLE 4. Priority of Reservoir Systems Constituting Single Unit § 1475 · 1 section
- § 1475 In any case where a reservoir has been or shall hereafter under the provisions of this division be constructed, or surveyed, laid out, and proposed to be…
ARTICLE 5. Applications in Aid of State Water Plan § 1480 · 1 section
- § 1480 An application by the Department of Water Resources, or an application by the Department of Finance prior to July 5, 1956, in aid of any general or coordinated…
ARTICLE 6. Applications by Governmental Agencies Discharging Disposal Water §§ 1485–1486 · 2 sections
- § 1485 Any municipality, governmental agency, or political subdivision operating waste disposal plants producing disposal water meeting the requirements of the…
- § 1486 (a) The Sacramento Regional County Sanitation District, and any successor thereto, with respect to treated wastewater produced by the sanitation district that…
ARTICLE 7. Priority of Applications for Hydroelectric Power §§ 1490–1491 · 2 sections
- § 1490 Applications or petitions for retrofit hydroelectric plants at existing dams, canals, or conduits where the streamflow regime will not be changed and where…
- § 1491 Applications for hydroelectric powerplants with a generating capacity not to exceed five megawatts, which do not impound water during times of high waterflow…
CHAPTER 8. Water Right Fees §§ 1525–1560 · 16 sections
ARTICLE 1. Fee Schedules §§ 1525–1530 · 5 sections
- § 1525 (a) Each person or entity who holds a permit or license to appropriate water, and each lessor of water leased under Chapter 1.5 (commencing with Section 1020)…
- § 1528 Each person or entity who files a proof of claim under Article 4 (commencing with Section 2575) of Chapter 3 of Part 3 shall pay a fee according to a fee…
- § 1529 Each person or entity who files a notice pursuant to Part 5 (commencing with Section 4999) shall pay an annual fee according to a fee schedule established by…
- § 1529.5 (a) The board shall adopt a schedule of fees pursuant to Section 1530 to recover costs incurred in administering Chapter 11 (commencing with Section 10735) of…
- § 1530 (a) The board shall adopt, by emergency regulation, the schedules of fees authorized under this article. The emergency regulation may include provisions…
ARTICLE 2. Collection and Enforcement §§ 1535–1541 · 7 sections
- § 1535 (a) Any fee subject to this chapter that is required in connection with the filing of an application, registration, request, statement, or proof of claim,…
- § 1536 All annual fees, other than the initial filing fee required in connection with the filing of an application, registration, petition, or request, or proof of…
- § 1537 (a) The California Department of Tax and Fee Administration shall collect any fee or expense required to be paid to the California Department of Tax and Fee…
- § 1538 In any proceeding pursuant to Section 1052 in which it is determined that there has been a violation of the prohibition against the unauthorized diversion or…
- § 1539 If a permit or license holder fails to pay an annual fee imposed pursuant to subdivision (a) of Section 1525 for a period of five years, the board may revoke…
- § 1540 If the board determines that the person or entity on whom a fee or expense is imposed will not pay the fee or expense based on the fact that the fee payer has…
- § 1541 This article applies to any fee established or required to be paid under Article 1 (commencing with Section 1525), to any fee or expense set to cover the…
ARTICLE 3. Water Rights Fund §§ 1550–1552 · 3 sections
- § 1550 There is in the State Treasury a Water Rights Fund, which is hereby established.
- § 1551 All of the following shall be deposited into the Water Rights Fund: (a) All fees, expenses, and penalties collected by the board or the California Department…
- § 1552 Except as provided in subdivision (e) of Section 1058.5, moneys in the Water Rights Fund are available for expenditure, upon appropriation by the Legislature,…
ARTICLE 4. Sovereign Immunity § 1560 · 1 section
- § 1560 (a) The fees and expenses established under this chapter and Part 3 (commencing with Section 2000) apply to the United States and to Indian tribes, to the…
CHAPTER 9. Licenses §§ 1600–1675.2 · 17 sections
ARTICLE 1. Report of Completion § 1600 · 1 section
- § 1600 Immediately upon completion of the construction of works and application of the water to beneficial use the permittee shall report the completion to the board.
ARTICLE 2. Examination and Inspection § 1605 · 1 section
- § 1605 The board shall as soon as practicable after receiving the report of completion cause to be made a full inspection and examination of the works constructed and…
ARTICLE 3. Issuance or Refusal of License §§ 1610–1611 · 3 sections
- § 1610 If the determination of the board as to completion is favorable to the permittee, the board shall issue a license which confirms the right to the appropriation…
- § 1610.5 Before issuing a license for an amount of water or season of use less than that specified in the permit, the board shall either obtain the consent of the…
- § 1611 If the board determines that the construction and condition of the works or the use of water therefrom are not in conformity with the law, the rules and…
ARTICLE 5. Contents and Conditions of License §§ 1625–1631 · 7 sections
- § 1625 Each license shall be in such form and contain such terms as may be prescribed by the board.
- § 1626 All licenses shall be under the terms and conditions of this division.
- § 1627 A license shall be effective for such time as the water actually appropriated under it is used for a useful and beneficial purpose in conformity with this…
- § 1628 Every license shall include the enumeration of conditions therein which in substance shall include all of the provisions of this article and the statement that…
- § 1629 Every licensee, if he accepts a license, does so under the conditions precedent that no value whatsoever in excess of the actual amount paid to the State…
- § 1630 At any time after the expiration of twenty years after the granting of a license, the State or any city, city and county, municipal water district, irrigation…
- § 1631 In the event that the State, or any city, city and county, municipal water district, irrigation district, lighting district, or political subdivision of the…
ARTICLE 6. Filing of Licenses and Orders with County Recorder §§ 1650–1651 · 2 sections
- § 1650 A true copy of each license issued or of each order modifying or changing a license shall within 30 days after issuance thereof be recorded by the board in the…
- § 1651 Whenever an order revoking a license in whole or in part becomes final a true copy of the order shall be recorded promptly by the board in the office or…
ARTICLE 7. Revocation of Licenses §§ 1675–1675.2 · 3 sections
- § 1675 (a) If, at any time after a license is issued, the board finds that the licensee has not put the water granted under the license to a useful or beneficial…
- § 1675.1 The notice of proposed revocation of the license pursuant to Section 1675 shall contain a statement of facts and information upon which the proposed revocation…
- § 1675.2 In any case when a license is revoked without a hearing, as provided in Section 1675.1, the licensee, within 90 days of the date of the order of revocation,…
CHAPTER 10. Change to an Application, Permit, or License §§ 1700–1707 · 24 sections
- § 1700 Water appropriated under the Water Commission Act or this code for one specific purpose shall not be deemed to be appropriated for any other or different…
- § 1700.2 At any time after notice of an application is given, an applicant, permittee, or licensee may change the point of diversion, place of use, purpose of use, or…
- § 1700.4 (a) After notice of an application is given, the board may make a minor change to the application without requiring the filing of a petition for change if the…
- § 1700.6 (a) The board may make a minor change to a permit or license without requiring the filing of a petition for change if the board finds all of the following: (1)…
- § 1701.1 A petition for change filed after notice of an application shall meet all of the following requirements: (a) State the name and address of the petitioner. (b)…
- § 1701.2 A petition for change in a permit or license shall meet all of the following requirements: (a) State the name and address of the petitioner. (b) Be signed by…
- § 1701.3 (a) After a petition is filed, the board may request additional information reasonably necessary to clarify, amplify, correct, or otherwise supplement the…
- § 1701.4 If, within the period provided, the petitioner does not provide the information requested pursuant to Section 1701.3, the board shall cancel the petition,…
- § 1702 Before permission to make such a change is granted the petitioner shall establish, to the satisfaction of the board, and it shall find, that the change will…
- § 1703 After filing a petition for permission to make a change, the petitioner, in case the board so requires, shall cause notice thereof to be given or published in…
- § 1703.1 Any interested person, within the time allowed in the notice of petition, or within the time the board may allow for good cause shown, may file with the board…
- § 1703.2 The protest shall meet all of the following requirements: (a) State the name and address of the protestant. (b) Be signed by the protestant, or the…
- § 1703.3 The board may request from the protestant additional information reasonably necessary to clarify, amplify, correct, or otherwise supplement the information…
- § 1703.4 The protestant and the petitioner shall make a good faith effort to resolve the protest not later than 180 days from the date the period provided pursuant to…
- § 1703.5 The board may request from the protestant or the petitioner additional information that the board determines is reasonably necessary to attempt to resolve the…
- § 1703.6 (a) The board may cancel a protest or petition for failure to provide information requested by the board under this chapter within the period provided. (b)…
- § 1704 (a) The board, after a hearing, may approve with conditions, or deny, a petition. (b) Notice of hearing shall be given by mailing the notice not less than 20…
- § 1704.1 The Division of Water Rights shall conduct a field investigation of all minor protested petitions for change. The board shall notify the parties of the field…
- § 1704.2 The Division of Water Rights may request the parties to submit information in support of their positions. The Division of Water Rights may request information…
- § 1704.3 Based upon the field investigation and any other information obtained under this chapter, the Division of Water Rights shall issue an order acting on the minor…
- § 1704.4 For purposes of this chapter, a minor petition for change means either of the following: (a) Any petition which does not involve direct diversions in excess of…
- § 1705 After the hearing, the board shall grant or refuse, as the facts warrant, permission to change the point of diversion, place of use, purpose of use, or any…
- § 1706 The person entitled to the use of water by virtue of an appropriation other than under the Water Commission Act or this code may change the point of diversion,…
- § 1707 (a) (1) Any person entitled to the use of water, whether based upon an appropriative, riparian, or other right, may petition the board pursuant to this…
CHAPTER 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water §§ 1725–1745.11 · 23 sections
ARTICLE 1. Temporary Changes §§ 1725–1732 · 8 sections
- § 1725 (a) A permittee or licensee may temporarily change the point of diversion, place of use, or purpose of use due to a transfer or exchange of water or water…
- § 1725.5 For purposes of this article, the following definitions apply: (a) “Consumptively used” means the amount of water that has been consumed through use by…
- § 1726 (a) (1) A permittee or licensee who proposes a temporary change shall submit to the board a petition to change the terms of the permit or license as required…
- § 1727 (a) This section applies to a petition for temporary change for which notice is provided to the board under this section no later than January 31 of the year…
- § 1728 (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…
- § 1729 A proposed temporary change under this article shall be exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources…
- § 1731 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…
- § 1732 The petitioner shall not initiate or increase the use of groundwater to replace surface water transferred pursuant to this article, except in compliance with…
ARTICLE 2. Long-Term Transfers §§ 1735–1737 · 3 sections
- § 1735 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.…
- § 1736 The board, after providing notice and opportunity for a hearing, including, but not limited to, written notice to, and an opportunity for review and…
- § 1737 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…
ARTICLE 3. Transfer of Decreed Rights § 1740 · 1 section
- § 1740 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…
ARTICLE 4. Water Supplier Contracts §§ 1745–1745.11 · 11 sections
- § 1745 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…
- § 1745.02 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…
- § 1745.03 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…
- § 1745.04 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…
- § 1745.05 (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…
- § 1745.06 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…
- § 1745.07 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…
- § 1745.08 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,…
- § 1745.09 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…
- § 1745.10 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…
- § 1745.11 Nothing in this article prohibits the transfer of previously recharged groundwater from an overdrafted groundwater basin or the replacement of transferred…
CHAPTER 11. Joint Use and Development §§ 1750–1815 · 19 sections
ARTICLE 1. General Provisions §§ 1750–1752 · 3 sections
- § 1750 As used in this chapter “works” includes dams, tunnels, diversion works, ditches, and other works or constructions.
- § 1751 As used in this chapter “power” includes electricity, electrical power, and other power.
- § 1752 The board shall determine the pro rata and other costs provided for in this chapter.
ARTICLE 2. Joint Occupancy and Use §§ 1775–1782 · 8 sections
- § 1775 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…
- § 1776 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…
- § 1777 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.
- § 1778 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…
- § 1779 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…
- § 1780 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…
- § 1781 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…
- § 1782 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…
ARTICLE 3. Enlargement of Existing Works of Another §§ 1800–1801 · 2 sections
- § 1800 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…
- § 1801 The repairing, improving, adding to, supplementing, or enlarging of works under this article, shall not materially interfere with the proper use thereof by the…
ARTICLE 4. Joint Use of Capacity in Water Conveyance Facilities §§ 1810–1815 · 6 sections
- § 1810 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…
- § 1811 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…
- § 1812 The state, regional, or local public agency owning the water conveyance facility shall in a timely manner determine the following: (a) The amount and…
- § 1813 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…
- § 1814 This article shall apply to only 70 percent of the unused capacity.
- § 1815 (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…
CHAPTER 12. Enforcement of Water Rights §§ 1825–1851 · 16 sections
ARTICLE 1. Policy § 1825 · 1 section
- § 1825 It is the intent of the Legislature that the state take vigorous action to enforce the terms and conditions of permits, licenses, certifications, and…
ARTICLE 2. Cease and Desist Orders §§ 1831–1836 · 5 sections
- § 1831 (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…
- § 1832 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…
- § 1834 (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…
- § 1835 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…
- § 1836 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 3. Monitoring and Reporting §§ 1840–1841.5 · 3 sections
- § 1840 (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…
- § 1841 (a) The board may adopt regulations requiring measurement and reporting of water diversion and use by either of the following: (1) Persons authorized to…
- § 1841.5 (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…
ARTICLE 4. Enforcement §§ 1845–1848 · 5 sections
- § 1845 (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…
- § 1846 (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…
- § 1846.5 (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…
- § 1847 (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)…
- § 1848 (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…
ARTICLE 5. Private Litigation §§ 1850–1851 · 2 sections
- § 1850 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…
- § 1851 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…
PART 3. DETERMINATION OF WATER RIGHTS §§ 2000–2900 · 126 sections
CHAPTER 1. Reference by Courts of This State §§ 2000–2048 · 22 sections
ARTICLE 1. Subjects of Reference §§ 2000–2001 · 2 sections
- § 2000 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…
- § 2001 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…
ARTICLE 2. Report of Referee §§ 2010–2021 · 12 sections
- § 2010 The board may base its report solely upon its own investigations or in addition thereto may hold hearings and take testimony.
- § 2011 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.
- § 2012 The report shall set forth such findings of fact and conclusions of law as may be required by the court’s order of reference.
- § 2013 Before filing its report the board shall announce it in the form of a draft.
- § 2014 The board shall mail notice of the draft, together with a copy of the draft, to the parties or their attorneys.
- § 2015 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…
- § 2016 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…
- § 2017 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…
- § 2018 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…
- § 2019 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…
- § 2020 (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…
- § 2021 Where a preliminary injunction has been granted pursuant to Section 2020, the final judgment shall equitably compensate in quantities of water for such…
ARTICLE 3. Expenses of Reference §§ 2040–2048 · 8 sections
- § 2040 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…
- § 2041 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…
- § 2042 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…
- § 2043 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…
- § 2045 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,…
- § 2046 Any party failing to object to the expense of a reference or the apportionment thereof is conclusively deemed to have waived all objection thereto.
- § 2047 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…
- § 2048 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…
CHAPTER 2. References in Federal Courts §§ 2075–2076 · 2 sections
- § 2075 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…
- § 2076 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.
CHAPTER 2.5. Adjudications to Protect the Quality of Ground Water §§ 2100–2102 · 3 sections
- § 2100 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…
- § 2101 (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…
- § 2102 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.
CHAPTER 3. Statutory Adjudications §§ 2500–2868 · 98 sections
ARTICLE 1. General Provisions §§ 2500–2503 · 5 sections
- § 2500 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…
- § 2500.5 (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…
- § 2501 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…
- § 2502 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…
- § 2503 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 2. Petition and Preliminary Proceedings §§ 2525–2529 · 5 sections
- § 2525 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…
- § 2526 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…
- § 2527 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…
- § 2528 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…
- § 2529 (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…
ARTICLE 3. Investigation of Stream System §§ 2550–2556 · 7 sections
- § 2550 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…
- § 2551 (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…
- § 2552 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…
- § 2553 Immediately upon conclusion of the investigation of water use, the claimant or the claimant’s representative shall be provided, by registered mail, a blank…
- § 2554 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…
- § 2555 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…
- § 2556 (a) In conducting an investigation pursuant to this chapter, if the board determines in writing that the information provided by the person pursuant to…
ARTICLE 4. Proof of Claim §§ 2575–2577 · 3 sections
- § 2575 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…
- § 2576 Each claimant shall certify to the proof of claim statements under oath or penalty of perjury.
- § 2577 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…
ARTICLE 5. Report and Preliminary Order of Determination §§ 2600–2604 · 5 sections
- § 2600 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…
- § 2601 The report shall note separately any material differences between the claims and the factual determinations made by the representatives of the board during the…
- § 2602 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…
- § 2603 The report shall include a preliminary order of determination determining and establishing the several rights to the water of the stream system, giving…
- § 2604 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…
ARTICLE 6. Objections to the Report §§ 2625–2628 · 4 sections
- § 2625 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…
- § 2626 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…
- § 2627 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…
- § 2628 The objections shall be in writing and shall state with reasonable certainty the grounds of the objection.
ARTICLE 7. Hearing of Objections §§ 2650–2653 · 4 sections
- § 2650 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…
- § 2651 The board may adjourn hearings of objections from time to time upon reasonable notice to all parties in interest.
- § 2652 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…
- § 2653 One copy of the transcript of testimony taken at the hearing shall be furnished to the board at the cost of the parties.
ARTICLE 8. Order of Determination §§ 2700–2702 · 3 sections
- § 2700 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…
- § 2701 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…
- § 2702 (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…
ARTICLE 9. Hearing and Decree of Court §§ 2750–2774 · 26 sections
- § 2750 As soon as practicable after adoption of the order of determination, issuance of an order on reconsideration, or issuance of an order denying reconsideration,…
- § 2751 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…
- § 2752 The clerk of the court shall immediately furnish the board with a certified copy of the order setting the time for hearing.
- § 2753 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…
- § 2754 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…
- § 2755 The board shall file with the clerk of the court proof of service by registered mail and by publication.
- § 2756 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.
- § 2757 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…
- § 2758 The notice of exceptions shall state briefly the exceptions taken, the reasons therefor, and the prayer for relief.
- § 2759 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…
- § 2760 The order of determination, the statements or claims of claimants, and the exceptions made to the order of determination constitute the pleadings.
- § 2761 The court may allow such additional or amended pleadings as may be necessary to a final determination of the proceeding.
- § 2762 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.
- § 2763 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…
- § 2763.5 (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…
- § 2764 All proceedings on the hearing shall be as nearly as may be in accordance with the rules governing civil actions.
- § 2765 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…
- § 2766 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…
- § 2767 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…
- § 2768 After the hearing, the court shall enter a decree determining the right of all persons involved in the proceeding.
- § 2769 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,…
- § 2770 Upon the hearing the court may assess and adjudge against any party such costs as it may deem just.
- § 2771 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.
- § 2772 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…
- § 2773 The decree is conclusive as to the rights of all existing claimants upon the stream system lawfully embraced in the determination.
- § 2774 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…
ARTICLE 10. Intervention §§ 2780–2783 · 4 sections
- § 2780 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…
- § 2781 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…
- § 2782 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…
- § 2783 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…
ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination §§ 2801–2820 · 18 sections
- § 2801 All persons claiming rights under an incomplete appropriation, when notified as provided in this chapter, shall appear and submit their proofs of claim in…
- § 2802 In determining rights based on an incomplete appropriation initiated according to law prior to December 19, 1914, and since prosecuted with reasonable…
- § 2803 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…
- § 2806 The court shall have authority to thereafter hear and determine proof offered as to the completion of any such right.
- § 2807 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.
- § 2808 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.
- § 2809 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.
- § 2810 The court may refer the matter of the motion to the board for its report and recommendation thereon.
- § 2811 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,…
- § 2812 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…
- § 2813 Any claimant desiring to offer proof of completion shall file a notice of intention to offer such proof with the clerk of the court.
- § 2814 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.
- § 2815 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…
- § 2816 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…
- § 2817 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…
- § 2818 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…
- § 2819 Incomplete appropriations initiated by application under the provisions of the Water Commission Act or this code shall be included in the decree but shall…
- § 2820 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 12. Service of Copy of Decree §§ 2825–2826 · 2 sections
ARTICLE 13. Expenses of Determination §§ 2850–2868 · 12 sections
- § 2850 At the time of the submission of proofs, the board shall collect from each claimant the fee established pursuant to Section 1528.
- § 2851 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…
- § 2852 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…
- § 2853 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…
- § 2855 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,…
- § 2856 The clerk of the court shall, at least 10 days prior to the date of hearing, give notice thereof by mail to all parties.
- § 2857 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…
- § 2858 Any party failing to object to the expense or the apportionments thereof waives all objections thereto.
- § 2859 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…
- § 2864 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…
- § 2865 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…
- § 2868 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…
CHAPTER 4. Modification of Decrees § 2900 · 1 section
- § 2900 In rendering its decree for the determination of rights to water, whether in suits referred to the board under the provisions of Chapter 1 of this part or in…
PART 4. DISTRIBUTION OF WATER IN WATERMASTER SERVICE AREAS §§ 4000–4407 · 72 sections
CHAPTER 1. General Provisions §§ 4000–4003 · 4 sections
- § 4000 As used in this part, “service area” applies to watermaster districts heretofore established and to watermaster service areas hereafter established pursuant to…
- § 4001 As used in this part, “conduit” includes ditches, pipe lines, and other means of diversion.
- § 4002 Any duty or authority vested in a watermaster may be exercised by the watermaster directly or through the agency of a deputy watermaster, if there is one.
- § 4003 As used in this part, “fiscal year” means the year beginning July 1 of any calendar year and ending June 30 of the following calendar year.
CHAPTER 2. Creation of Watermaster Service Areas §§ 4025–4032 · 8 sections
- § 4025 The department shall divide the State into watermaster service areas so constituted and adjusted as to insure the most practical and economical supervision of…
- § 4026 Service areas shall be created from time to time as rights to water are ascertained and determined.
- § 4027 The rights may be ascertained and determined by any or all of the following: (a) Under procedure provided for in this division; (b) Under procedure provided by…
- § 4028 When rights are ascertained and determined by agreement, the agreement shall be recorded in the office of the county recorder of each county in which is…
- § 4028.5 When rights are ascertained and determined by court decree, certified copies of the decree shall be recorded as agreements are required to be recorded by…
- § 4029 Upon the creation of a service area the department shall record in the office of the county recorder of each county in which a portion of the service area is…
- § 4030 From time to time the department shall record supplemental or revised descriptions as the descriptions are changed.
- § 4032 Service areas may be enlarged, reduced, consolidated, or abolished from time to time as convenience of administration may require.
CHAPTER 3. Watermasters §§ 4050–4053 · 4 sections
- § 4050 (a) Upon written request submitted to the department by the owners or governing bodies of at least 15 percent of the conduits lawfully entitled to directly…
- § 4051 The department may from time to time discontinue watermaster service in any service area, if necessity therefor ceases, and revive the service whenever and as…
- § 4052 The watermaster shall be properly qualified and shall perform the duties imposed on him by this part as an employee under the general supervision and control…
- § 4053 Watermasters, in addition to compensation for their services, shall receive necessary travel expenses incurred in the performance of their duties.
CHAPTER 4. Construction and Maintenance of Works and Measuring Devices §§ 4100–4126 · 7 sections
ARTICLE 1. By Owners of Conduits §§ 4100–4104 · 5 sections
- § 4100 The owner of every conduit subject to regulation by a watermaster shall construct and maintain to the satisfaction of the department a substantial and…
- § 4101 The owner of a conduit shall construct and maintain to the satisfaction of the department a substantial and serviceable headgate in the conduit through which…
- § 4102 The headgate shall be of such construction that it can be locked and kept closed by the watermaster.
- § 4103 The owner of a conduit shall construct and maintain such water flow measuring devices at such points along the conduit as may be required and approved by the…
- § 4104 If the owner of any conduit refuses or neglects to construct and maintain the diversion dam or works, the headgate, or the measuring devices provided for in…
ARTICLE 2. By Owners of Reservoirs §§ 4125–4126 · 2 sections
- § 4125 The owner of every reservoir which is subject to regulation by a watermaster and which is located across or upon the bed of a natural stream or requires the…
- § 4126 If the owner of any reservoir neglects or refuses to construct and maintain the measuring devices provided for in this article after 30 days’ notice by the…
CHAPTER 5. Distribution of Water in Service Areas §§ 4150–4161 · 6 sections
ARTICLE 1. Procedure of Distribution §§ 4150–4153 · 4 sections
- § 4150 The department may make such reasonable regulations to secure distribution of water in accordance with determined rights as may be needed.
- § 4151 The watermaster shall divide the water of the streams or other sources of supply among the several conduits and reservoirs taking water therefrom and so adjust…
- § 4152 Whenever in pursuance of his duties the watermaster regulates a headgate to a conduit or the controlling works of a reservoir, he may attach to the headgate or…
- § 4153 The notice is legal notice to all persons interested in the diversion and distribution of the water of the conduit or reservoir.
ARTICLE 2. Remedies for Improper Distribution §§ 4160–4161 · 2 sections
- § 4160 Any person who is injured by the action of any watermaster may apply to the superior court of the county in which the injury takes place, for an injunction.
- § 4161 Such injunction shall be issued only in case it is shown at the hearing that the watermaster has failed to distribute the water according to the rights as…
CHAPTER 6. Offenses §§ 4175–4178 · 4 sections
- § 4175 Every person who wilfully and without authority opens, closes, changes, or interferes with any headgate, waterbox, or measuring device while it is under the…
- § 4176 The possession or use of water when it has been so denied him by the watermaster is prima facie evidence of the guilt of the person using it.
- § 4177 Every person who violates any of the provisions of this chapter or of Chapter 4 (commencing with Section 4100) is guilty of a misdemeanor and is punishable by…
- § 4178 A watermaster may arrest any person violating any of the provisions of this chapter or of Chapter 4 (commencing with Section 4100) and to deliver the person to…
CHAPTER 7. Expenses of Distribution §§ 4200–4335 · 29 sections
ARTICLE 1. General Provisions §§ 4200–4201 · 2 sections
- § 4200 The department may incur such expense and make such expenditures as may be necessary to provide for the administration of any service area and the distribution…
- § 4201 All of the cost of administration of a service area and the distribution of water therein shall be paid by the owners of the rights to divert or store water…
ARTICLE 2. Statement and Budget §§ 4225–4228 · 4 sections
- § 4225 The department shall, prior to June 15th of each year, prepare a statement for each service area. The statement shall contain a budget showing the amount of…
- § 4226 The budget shall include all of the following: (a) Expenses theretofore incurred for the payment of which funds are not available. (b) The cost of an annual…
- § 4227 The statement shall also contain an apportionment of the amount of the budget among the owners of the various rights to store or divert within the service area.
- § 4228 In all cases where a water right is owned by two or more persons, they shall pay in proportion to their respective interests in the water right, and, when the…
ARTICLE 3. Apportionment of Expense §§ 4251–4254 · 4 sections
- § 4251 One-tenth of the budget for the service area shall be apportioned equally among the respective ownerships of all water rights involved, and except as otherwise…
- § 4252 In all cases of rights to divert the direct flow of a stream, without storage, for power development or other nonconsumptive use, where the entire flow so…
- § 4253 In all cases where rights exist to store or divert water for use for more than one purpose, the amount to be paid by the owner of such rights shall be based…
- § 4254 In making an apportionment to any owner of the right to store water, 350 acre-feet of storage capacity which the owner is entitled to use shall be considered…
ARTICLE 4. Payment and Collection §§ 4275–4279 · 5 sections
- § 4275 Except as provided in Article 5 (commencing with Section 4300), the department, on or before the 15th day of August of each year, shall certify, to the auditor…
- § 4276 The auditor shall enter the amounts of the respective apportionments against the respective parcels of land as they appear on the current assessment roll. If…
- § 4277 The board of supervisors of each county in which there lies a watermaster service area or any portion thereof shall annually, and at the time of levying county…
- § 4278 Apportionments levied pursuant to this article shall be collected at the same time and in the same manner as county taxes. So far as applicable, all provisions…
- § 4279 All money raised by such apportionments shall be accounted for separately as to each watermaster service area. All such money shall be transmitted by January 1…
ARTICLE 5. Payment by and Collection From State Agencies and Public Entities §§ 4300–4305 · 6 sections
- § 4300 If the owner of the right is a county, municipality, district, political subdivision, public corporation, or state agency, or is public utility as defined in…
- § 4301 Service on such owners may be made personally, or by mail as provided by Section 1013 of the Code of Civil Procedure.
- § 4302 Each such owner shall, on or before the 10th day of December of the year in which the apportionment was made, pay to the department the amount apportioned to…
- § 4303 If the owner of the right is a county, municipality, district, political subdivision, public corporation, or state agency, the amount apportioned, together…
- § 4304 If the owner of the right is a public utility as defined in the Public Utilities Code, the amount apportioned, together with the penalty in case of…
- § 4305 At any time after 30 days after any payment due under this article becomes delinquent the department may institute in the name of the people of the State an…
ARTICLE 6. Alternative Method of Payment by Owners §§ 4325–4335 · 8 sections
- § 4325 The procedure set forth in this article for collecting and making available money for watermaster distribution is in lieu of that set forth in the other…
- § 4326 Whenever all the owners of rights to water within any service area, by agreement in writing, shall have organized themselves into an association for the…
- § 4327 The statement shall be submitted on or before the first day of September of the year preceding that for which it is made.
- § 4329 The association shall pay the total amount apportioned to it to the department on or before the first day of December next succeeding the receipt of the…
- § 4330 The department shall deposit the money in the Water Resources Revolving Fund to the credit of the amount of the service area affected.
- § 4331 The department may refuse to render watermaster service to such service area during any calendar year next succeeding the first day of December of any year…
- § 4334 All of the provisions of this chapter relating to the expenses of service areas which are not in conflict with this article shall apply to expenses of service…
- § 4335 If, at the time of creation of a service area, all the owners have formed an association by agreement in writing and have filed a certified copy of the…
CHAPTER 8. The Water Resources Revolving Fund §§ 4351–4358 · 3 sections
- § 4351 Separate accounts shall be established in the fund to the credit of the various service areas now in existence or hereafter created from time to time.
- § 4357 The expenditures for the supervision of the distribution of water in any service area shall be paid from that portion or account of the Water Resources…
- § 4358 Any money remaining in the watermaster service area accounts of the Water Resources Revolving Fund at the end of any year shall be available for use the…
CHAPTER 9. Alternative Distribution Procedure §§ 4400–4407 · 7 sections
- § 4400 The foregoing provisions of this part shall be applicable to this chapter, so far as adaptable thereto or consistent therewith, and whenever rights to water…
- § 4401 Insofar as the foregoing provisions of this part may not be adaptable to or may be inconsistent with the provisions of any decree of court, the department may…
- § 4402 In the event an order or decree of court provides for an allocation among and payment of costs of water distribution by the owners of the rights decreed, the…
- § 4403 A certified copy of the order or decree shall be recorded in the county or counties wherein the water is diverted or used and a certified copy filed in the…
- § 4404 Obligations to pay for the respective allocations of cost set forth in the order or decree may be enforced by the department against the respective owners or…
- § 4406 The total sum thus made available shall be subject to expenditure by the department in performing said work, and any money remaining at the end of any year…
- § 4407 Any moneys collected or received by the department for or on account of owners of the rights involved may be placed in a special deposit fund and paid out in…
PART 5. RECORDATION OF WATER EXTRACTIONS AND DIVERSIONS §§ 4999–5009 · 11 sections
- § 4999 The Legislature finds and declares that by reason of the combination of light rainfall, concentrated population, the transition of considerable areas of land…
- § 5000 As used in this Part 5, the following terms shall have the respective meanings stated below, viz: (a) “Ground water” means water beneath the surface of the…
- § 5001 (a) Except as provided in subdivision (c), each person who, after 1955, extracts ground water in excess of 25 acre-feet in any year shall file with the board a…
- § 5002 Each notice shall be on a form provided by the board. The first notice filed by any person shall state: (a) The name of the person extracting ground water or…
- § 5003 No prescriptive right that might otherwise accrue to extract ground water shall arise or accrue to, nor shall any statute of limitations operate in regard to…
- § 5004 After the year 1959, failure to file with the board a notice for any calendar year within six months after the close of such calendar year shall be deemed…
- § 5005 Except as specified in Section 5004, failure to file the notice or delay in filing the same shall not cause the loss of rights to ground water which existed on…
- § 5006 Each notice shall be sworn to and shall be accompanied by a filing fee which shall be fixed by the board pursuant to Section 1529.
- § 5007 Any person may apply to the board to investigate the facts stated in any specified notice so filed and to state in writing its determination of the facts found…
- § 5008 The making of any willful misstatement in any notice shall be a misdemeanor, punishable by a fine of not exceeding one thousand dollars ($1,000) or by…
- § 5009 (a) (1) Notwithstanding any other provision of this part, on and after January 1, 2005, each person who extracts groundwater in a board-designated local area,…
PART 5.1. STATEMENTS OF WATER DIVERSIONS AND USE §§ 5100–5107 · 8 sections
- § 5100 As used in this part: (a) “Best available technologies” means technologies at the highest technically practical level, using flow totaling devices, and if…
- § 5101 (a) Each person who, after December 31, 1965, diverts water shall file with the board a statement of their diversion and use, as provided in subdivision (b),…
- § 5102 The statement may be filed either by the person who is diverting water or, on his behalf, by an agency which he designates and which maintains a record of the…
- § 5103 Each statement shall be prepared on a form provided by the board. The statement shall include all of the following information: (a) The name and address of the…
- § 5104 (a) Supplemental statements shall be filed annually, as provided in subdivision (b). They shall contain the quantity of water diverted and the rate of…
- § 5105 Upon failure of any person to file a statement required by this part, the board may, at the expense of such person, investigate and determine in writing the…
- § 5106 (a) Neither the statements submitted under this part nor the determination of facts by the board pursuant to Section 5105 shall establish or constitute…
- § 5107 (a) The making of any willful misstatement pursuant to this part is a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000) or by…
PART 5.2. Groundwater Extraction Reporting for Probationary Basins and Basins Without a Groundwater Sustainability Agency §§ 5200–5209 · 10 sections
- § 5200 The Legislature finds and declares that this part establishes groundwater reporting requirements for the purposes of subdivision (b) of Section 10724 and…
- § 5201 As used in this part: (a) “Basin” has the same meaning as defined in Section 10721. (b) “Board-designated local area” has the same meaning as defined in…
- § 5202 (a) This section applies to a person who does either of the following: (1) Extracts groundwater from a probationary basin 90 days or more after the board…
- § 5203 Each report shall be prepared on a form provided by the board. The report shall include all of the following information: (a) The name and address of the…
- § 5204 (a) If a person fails to file a report as required by this part, the board may, at the expense of that person, investigate and determine the information…
- § 5205 A report submitted under this part or a determination of facts by the board pursuant to Section 5105 shall not establish or constitute evidence of a right to…
- § 5206 Personal information included in a report of groundwater extraction shall have the same protection from disclosure as is provided for information concerning…
- § 5207 A right to extract groundwater that may otherwise occur shall not arise or accrue to, and a statute of limitations shall not operate in favor of, a person…
- § 5208 Section 5107 applies to a report or measuring device required pursuant to this part. For purposes of Section 5107, a report of groundwater extraction,…
- § 5209 For groundwater extractions in a board-designated local area, reports required pursuant to this part shall be submitted to the entity designated pursuant to…
PART 6. KLAMATH RIVER BASIN COMPACT §§ 5900–5901 · 2 sections
- § 5900 The Legislature of the State of California hereby ratifies and approves that certain compact designated as the “Klamath River Basin Compact between the States…
- § 5901 The provisions of said Klamath River Basin Compact are as follows: Article I. Purposes The major purposes of this compact are, with respect to the water…
PART 7. OREGON–CALIFORNIA GOOSE LAKE INTERSTATE COMPACT §§ 5950–5951 · 2 sections
- § 5950 The Legislature of the State of California hereby ratifies the Oregon-California Goose Lake Interstate Compact as set forth in Section 5951. The provisions of…
- § 5951 The provisions of the Oregon-California Goose Lake Interstate Compact are as follows: Article I.Purposes The major purposes of this compact are: A. To…