PART 3. DETERMINATION OF WATER RIGHTS [2000. - 2900.]
Part 3 enacted by Stats. 1943, Ch. 368.
§§ 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…