CHAPTER 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water

Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3.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