PART 1. GENERAL PROVISIONS [1000. - 1126.]
Part 1 enacted by Stats. 1943, Ch. 368.
§§ 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…