CHAPTER 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725. - 1745.11.]

Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3.

§§ 1725–1745.11 · 23 sections

1. 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…
2. 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…
3. 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…
4. 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…