PART 2. APPROPRIATION OF WATER [1200. - 1851.]
Part 2 enacted by Stats. 1943, Ch. 368.
§§ 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…