Water Code — Part 1 | WAT — United States — California law | Esheria

Water Code

Part 1 of 51 · provisions 1–200

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Local custom is only one factor in judging the reasonableness of a water use, method of use, or diversion; it cannot by itself decide the issue. This section says the coordinated state water conservation, development, and utilization plan is called the “State Water Plan.” The American River Development is included in the State Water Plan. The State may not issue a water appropriation permit for a project that would flood any part of Gold Discovery Site State Park at Coloma unless the issuance is specifically authorized by law. This section gives the Georgetown Divide Public Utility District rights to pursue a federal permit and license, limits water-rights filings and permits for certain South Fork of the American River projects for set periods, and requires some applicants to evaluate alternatives or replace lost uses.

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Provisions of Water Code

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  1. 1.

    ## Water Code - WAT ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 368. )

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    This section says the act is called the Water Code.

    ## Water Code - WAT ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 368. ) ## 1. This act shall be known as the Water Code. (Enacted By Stats. 1943, Ch. 368.)
  2. 10.

    ## Water Code - WAT ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 368. )

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    This section defines “section” and “subdivision” for use in the Water Code, unless another statute or section is specifically mentioned.

    ## Water Code - WAT ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 368. ) ## 10. “Section” means a section of this code unless some other statute is specifically mentioned. “Subdivision” means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. (Enacted by Stats. 1943, Ch. 368.)
  3. 100.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

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    California declares that water resources should be put to beneficial use, waste and unreasonable use should be prevented, and water rights are limited to reasonably required beneficial use.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 100. It is hereby declared that because of the conditions prevailing in this State the general welfare requires that the water resources of the State be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of such water is to be exercised with a view to the reasonable and beneficial use thereof in the interest of the people and for the public welfare. The right to water or to the use or flow of water in or from any natural stream or watercourse in this State is and shall be limited to such water as shall be reasonably required for the beneficial use to be served, and such right does not and shall not extend to the waste or unreasonable use or unreasonable method of use or unreasonable method of diversion of water. (Enacted by Stats. 1943, Ch. 368.)
  4. 100.5.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

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    Local custom is only one factor in judging the reasonableness of a water use, method of use, or diversion; it cannot by itself decide the issue.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 100.5. It is hereby declared to be the established policy of this state that conformity of a use, method of use, or method of diversion of water with local custom shall not be solely determinative of its reasonableness, but shall be considered as one factor to be weighed in the determination of the reasonableness of the use, method of use, or method of diversion of water, within the meaning of Section 2 of Article X of the California Constitution. (Added by Stats. 1980, Ch. 933, Sec. 1.)
  5. 1000.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

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    In this division, “water” includes “use of water.”

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 1000. As used in this division, “water” includes the term “use of water.” (Enacted by Stats. 1943, Ch. 368.)
  6. 10000.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1. ADOPTION OF STATE WATER PLAN [10000 - 10003] ( Heading of Part 1 amended by Stats. 1957, Ch. 1932. )

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    This section says the coordinated state water conservation, development, and utilization plan is called the “State Water Plan.”

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1. ADOPTION OF STATE WATER PLAN [10000 - 10003] ( Heading of Part 1 amended by Stats. 1957, Ch. 1932. ) ## 10000. The coordinated plan for the conservation, development, and utilization of the water resources of the State (except the project known as the “Trinity River Diversion,” which is not approved) as set forth in the report thereon formulated and prepared by the Department of Public Works and transmitted to the Forty-ninth Session of the Legislature pursuant to Chapter 832 of the Statutes of 1929 shall be known as the “State Water Plan.” (Amended By Stats. 1957, Ch. 1932.)
  7. 10001.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1. ADOPTION OF STATE WATER PLAN [10000 - 10003] ( Heading of Part 1 amended by Stats. 1957, Ch. 1932. )

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    The approval and adoption of the State Water Plan remain in effect, but the Trinity River Diversion is not part of the plan.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1. ADOPTION OF STATE WATER PLAN [10000 - 10003] ( Heading of Part 1 amended by Stats. 1957, Ch. 1932. ) ## 10001. The approval and adoption of the State Water Plan by Chapter 1185 of the Statutes of 1941 are continued in effect, except that the project known as the “Trinity River Diversion,” constitutes no part of the State Water Plan. (Amended by Stats. 1945, Ch. 329.)
  8. 10001.3.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1. ADOPTION OF STATE WATER PLAN [10000 - 10003] ( Heading of Part 1 amended by Stats. 1957, Ch. 1932. )

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    The American River Development is included in the State Water Plan.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1. ADOPTION OF STATE WATER PLAN [10000 - 10003] ( Heading of Part 1 amended by Stats. 1957, Ch. 1932. ) ## 10001.3. The American River Development, as described in Public Law 356 of the Eighty-first Congress, First Session, and as constructed by the Federal Government, is part of the State Water Plan. (Added by Stats. 1957, Ch. 1121.)
  9. 10001.5.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1. ADOPTION OF STATE WATER PLAN [10000 - 10003] ( Heading of Part 1 amended by Stats. 1957, Ch. 1932. )

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    The State may not issue a water appropriation permit for a project that would flood any part of Gold Discovery Site State Park at Coloma unless the issuance is specifically authorized by law.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1. ADOPTION OF STATE WATER PLAN [10000 - 10003] ( Heading of Part 1 amended by Stats. 1957, Ch. 1932. ) ## 10001.5. Notwithstanding any provisions of this article or any other provision of law to the contrary, the project known as the “Coloma Dam and Reservoir” constitutes no part of the State Water Plan. In no event shall a permit to appropriate water be issued by the State for the purposes of a project which will flood any portion of the Gold Discovery Site State Park at Coloma unless such issuance is specifically authorized by law. (Added by Stats. 1955, Ch. 1583.)
  10. 10001.6.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1. ADOPTION OF STATE WATER PLAN [10000 - 10003] ( Heading of Part 1 amended by Stats. 1957, Ch. 1932. )

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    This section gives the Georgetown Divide Public Utility District rights to pursue a federal permit and license, limits water-rights filings and permits for certain South Fork of the American River projects for set periods, and requires some applicants to evaluate alternatives or replace lost uses.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1. ADOPTION OF STATE WATER PLAN [10000 - 10003] ( Heading of Part 1 amended by Stats. 1957, Ch. 1932. ) ## 10001.6. (a) The Georgetown Divide Public Utility District has the right to pursue, without any right of assignment to other parties, the district’s preliminary permit number 4287 which was issued by the Federal Energy Regulatory Commission and the right to pursue a license from that commission for development of the South Fork of the American River between Chili Bar Reservoir and Salmon Falls Bridge. (b) For the purposes of this section, the “date when the federal application process is completed” shall be defined relative to the district’s preliminary Federal Energy Regulatory Commission permit number 4287, any subsequent application for license, and any subsequent license for development of the South Fork of the American River between Chili Bar Reservoir and Salmon Falls Bridge, as that date when the first of the following occur: (1) The date when the Georgetown Divide Public Utility District’s preliminary permit number 4287 expires if it expires before the district makes an application for license to the Federal Energy Regulatory Commission. (2) The date when a final determination is made, either by the Federal Energy Regulatory Commission or by the court, upon rejection of the application for a Federal Energy Regulatory Commission license. (3) The date when a final determination is made, either by the Federal Energy Regulatory Commission or by the court, upon issuance or denial of a Federal Energy Regulatory Commission license. (4) Three years after the expiration date of preliminary permit number 4287. (5) The date when the Georgetown Divide Public Utility District permanently and irrevocably withdraws its Federal Energy Regulatory Commission preliminary permit number 4287. (c) Until the date when the federal application process is completed, no water rights application shall be accepted for filing, and no permit to appropriate water shall be issued, except from or to the Georgetown Divide Public Utility District, by the board for the purposes of any project which would directly divert water or divert water by storage for any beneficial use from the South Fork of the American River between Chili Bar Reservoir and Salmon Falls Bridge, except that this limitation on the filing or issuance of water rights does not apply to water rights applications or to the issuance of permits to appropriate water solely for consumptive use by residents of El Dorado County. Nothing in this subdivision shall affect the exercise of riparian rights. (d) For 10 years after the date when the federal application process is completed, no water rights application shall be accepted for filing, and no permit to appropriate water shall be issued, by the board for the purposes of any project which would directly divert water or divert water by storage for any beneficial use from the South Fork of the American River between Chili Bar Reservoir and Salmon Falls Bridge, except that this limitation on the filing or issuance of water rights does not apply to water rights applications or to the issuance of permits to appropriate water solely for consumptive use by residents of El Dorado County. Nothing in this subdivision shall affect the exercise of riparian rights. (e) Until 20 years after the date when the federal application process is completed, the statutory requirements of Part 2 (commencing with Section 1200) of Division 2 relating to diligence do not apply to applications from the Georgetown Divide Public Utility District for water rights from the South Fork of the American River between Chili Bar Reservoir and Salmon Falls Bridge, and those applications shall remain valid and shall retain and have the status and priority accorded to water rights applications by law other than this section until that date. After that date, all such requirements relating to diligence, as are now or hereafter provided, shall apply to the applications. No time requirement for acting on water rights applications, imposed on the board by any provision of law, shall apply to applications from the Georgetown Divide Public Utility District for water rights from the South Fork of the American River between Chili Bar Reservoir and Salmon Falls Bridge until the diligence requirements identified in this subdivision become applicable to the applications. (f) From 10 years after the date when the federal application process is completed, no water rights application shall be accepted for filing, and no permit to appropriate water shall be issued, except from or to the Georgetown Divide Public Utility District, by the board for the purposes of any project which would directly divert water or divert water by storage for any beneficial use from the South Fork of the American River between Chili Bar Reservoir and Salmon Falls Bridge, except that this limitation on the filing or issuance of water rights does not apply to water rights applications or to the issuance of permits to appropriate water solely for consumptive use by residents of El Dorado County. Nothing in this subdivision shall affect the exercise of riparian rights. This subdivision shall cease to be operative 20 years after the date when the federal application process is completed. (g) Any applicant for water rights whose project on the South Fork of the American River between Chili Bar Reservoir and Salmon Falls Bridge would reduce river flows below the flows necessary to continue instream recreational beneficial uses on that portion of the river shall evaluate alternatives which would not reduce the flows below those necessary to continue instream recreational beneficial uses. (h) Any person who after the effective date of this section receives a permit or license to appropriate water at any point on the South Fork of the American River between Chili Bar Reservoir and Salmon Falls Bridge and who is also an applicant receiving a Federal Energy Regulatory Commission power license for a project on the South Fork of the American River between Chili Bar Reservoir and Salmon Falls Bridge shall replace in-kind at the time of loss any instream navigation, fishery, and swimming uses which are lost as a result of the project. The in-kind replacement may include, but is not limited to, improvement in flow reliability which would offset adverse changes in flows. The requirements of this subdivision shall be applicable to the applicants and their assignees and successors. The board shall, in accordance with the provisions of Division 2 (commencing with Section 1000), include terms and conditions in any water rights permit or license issued on any application to implement the requirements of this subdivision. This subdivision shall not be operative or cease to be operative, as the case may be, if the Georgetown Divide Public Utility District permanently and irrevocably withdraws its Federal Energy Regulatory Commission preliminary permit number 4287 not later than 10 days after the operative date of this section. (i) The Georgetown Divide Public Utility District shall not transfer any Federal Energy Regulatory Commission License received for any project on the South Fork of the American River between Chili Bar Reservoir and Salmon Falls Bridge, except that the district may transfer the license to a nongovernmental entity which is not a water purveyor or a power utility solely for the purpose of financing if the license is returned to the Georgetown Divide Public Utility District immediately after the financing purpose is accomplished. The Georgetown Divide Public Utility District shall not transfer any water rights permit or license received for any project which would directly divert water or divert water by storage for any beneficial use from the South Fork of the American River between Chili Bar Reservoir and Salmon Falls Bridge, except that the district may transfer the permit or license to a nongovernmental entity which is not a water purveyor or a power utility solely for the purpose of financing if the permit or license is returned to the Georgetown Divide Public Utility District immediately after the financing purpose is accomplished. (j) This section shall become operative on January 1, 1983, or on the date that the board issues a water rights permit or permits for the South Fork American River Project which is acceptable to the applicant, or on the date that the Federal Energy Regulatory Commission issues a license for project number 2761, also known as the South Fork American River Project, which is acceptable to the applicant, or on the date when challenges or appeals to that issuance have been dismissed or the issuance has been sustained, whichever date occurs last. (Added by Stats. 1982, Ch. 122, Sec. 1. Operative on January 1, 1983, or later, as provided in subd. (j).)
  11. 10001.7.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1. ADOPTION OF STATE WATER PLAN [10000 - 10003] ( Heading of Part 1 amended by Stats. 1957, Ch. 1932. )

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    The Director of Finance must notify the Joint Legislative Budget Committee before certain hydroelectric power project relicensing proposals are handled, and the department may approve the proposal only after at least 30 days have passed.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1. ADOPTION OF STATE WATER PLAN [10000 - 10003] ( Heading of Part 1 amended by Stats. 1957, Ch. 1932. ) ## 10001.7. The Director of Finance shall notify the Joint Legislative Budget Committee of any hydroelectric power project relicensing proposal for the Federal Energy Regulatory Commission that, if approved by the department, would obligate the General Fund in the current or future years. The department may approve that relicensing proposal not less than 30 days after the Director of Finance notifies the Joint Legislative Budget Committee. (Added by Stats. 2013, Ch. 356, Sec. 52. (SB 96) Effective September 26, 2013.)
  12. 10002.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1. ADOPTION OF STATE WATER PLAN [10000 - 10003] ( Heading of Part 1 amended by Stats. 1957, Ch. 1932. )

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    Approval and adoption of the State Water Plan do not repeal the Central Valley Project Act of 1933; if there is a conflict, Part 3 of this division controls over this part and the State Water Plan.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1. ADOPTION OF STATE WATER PLAN [10000 - 10003] ( Heading of Part 1 amended by Stats. 1957, Ch. 1932. ) ## 10002. The approval and adoption of the State Water Plan do not repeal any of the provisions of the Central Valley Project Act of 1933, and to the extent there may be any inconsistency or conflict, the provisions of Part 3 of this division shall prevail over the provisions of this part and of the State Water Plan. (Added by Stats. 1943, Ch. 370.)
  13. 10003.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1. ADOPTION OF STATE WATER PLAN [10000 - 10003] ( Heading of Part 1 amended by Stats. 1957, Ch. 1932. )

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    Applications previously filed by the Department of Finance under Part 2 of Division 6 stay valid and keep their status and priority.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1. ADOPTION OF STATE WATER PLAN [10000 - 10003] ( Heading of Part 1 amended by Stats. 1957, Ch. 1932. ) ## 10003. Notwithstanding anything contained in this part, all applications heretofore filed by the Department of Finance under Part 2 of Division 6 shall remain valid and shall retain and have the status and priority accorded to such applications as now or hereafter provided in said Part 2. (Added by Stats. 1945, Ch. 1157.)
  14. 10004.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 1. The California Water Plan [10004 - 10011] ( Chapter 1 heading added by Stats. 2007, Ch. 319, Sec. 2. )

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    The department must develop and update the California Water Plan, consult an advisory committee, and share drafts and notices with interested people.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 1. The California Water Plan [10004 - 10011] ( Chapter 1 heading added by Stats. 2007, Ch. 319, Sec. 2. ) ## 10004. (a) The department shall develop a comprehensive, strategic plan for the sustainable management and stewardship of California’s water resources. This plan shall be known as “The California Water Plan” and shall provide an update on the status and trends of California’s water-dependent natural resources, water supplies, and its agricultural, urban, and environmental water demands for a range of plausible future scenarios. The plan also shall include long-term water supply targets and strategies to meet those targets as outlined in this chapter. (b) The department shall update The California Water Plan on or before December 31, 2028, and every five years thereafter. (c) To develop the plan, the department, in consultation with the California Water Commission, shall establish an advisory committee, composed of representatives of agricultural and urban water suppliers, local government, business, agriculture, tribes, labor representatives from building and construction trades, labor representatives from public agencies involved in critical water infrastructure, including, but not limited to, water treatment and water wholesalers, environmental justice interests, environmental interests, and other interested parties, to assist and provide input to the department in the updating of The California Water Plan. The department shall consult with the advisory committee and consider recommendations in carrying out this chapter. The department shall provide written notice of meetings of the advisory committee to any interested person or entity that requests the notice. The meetings shall be open to the public. (d) The department may add members to the advisory committee to carry out the purposes of Section 10004.7. Additional advisory committee members may include those from environmental justice sectors, local water supply agencies, and researchers and experts on climate science, climate science solutions, water storage, water conveyance, and environmental protection. (e) The department shall release a preliminary draft of The California Water Plan, as updated, upon request, to interested persons and entities throughout the state for their review and comments. The department shall provide these persons and entities an opportunity to present written or oral comments on the preliminary draft. The department shall consider these comments in the preparation of the final publication of The California Water Plan, as updated. (f) The department shall coordinate with the California Water Commission, the board, other local, state, and federal agencies as appropriate, and the advisory committee to develop the plan. (Repealed and added by Stats. 2025, Ch. 210, Sec. 3. (SB 72) Effective January 1, 2026.)
  15. 10004.5.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 1. The California Water Plan [10004 - 10011] ( Chapter 1 heading added by Stats. 2007, Ch. 319, Sec. 2. )

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    The department must update The California Water Plan with specified strategy discussions, public workshops, required plan components, and a report to the Legislature.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 1. The California Water Plan [10004 - 10011] ( Chapter 1 heading added by Stats. 2007, Ch. 319, Sec. 2. ) ## 10004.5. (a) As part of the requirement of the department to update The California Water Plan pursuant to subdivision (b) of Section 10004, the department shall include in the plan a discussion of various strategies, including, but not limited to, those relating to the development of new water storage facilities, water conservation, groundwater recharge, water recycling, desalination, conjunctive use, conveyance, stormwater capture, water transfers, and demand management activities that may be pursued in order to meet the future water needs of the state and the water supply targets developed by the department. The department shall also include a discussion of the potential for alternative water pricing policies to change current and projected uses. The department shall include in the plan a discussion of the potential advantages and disadvantages of each strategy and an identification of all federal and state permits, approvals, or entitlements that are anticipated to be required in order to implement the various components of the strategy. (b) In preparing any update of The California Water Plan, the department shall conduct a series of public workshops to give interested parties an opportunity to comment on the plan. The department shall select workshop locations to maximize geographic distribution, to ensure that regions of the state that have been impacted the most by drought, flood, and other weather extremes are included, and to ensure the workshops are accessible to communities with minority populations, communities with low-income populations, or both. (c) Each update of the plan shall include, at a minimum, all of the following components: (1) A discussion of environmental needs on a regional basis. The department’s discussion shall rely on the best available peer-reviewed scientific information. (2) A discussion of urban sector water needs on a regional basis. (3) A discussion of agricultural water needs on a regional basis. (4) A summary of sources that could finance project types or actions within the various strategies. (5) A discussion of the estimated costs, benefits, and impacts of any project type or action that is recommended by the department within the plan that could help achieve the water supply targets. The department shall also consider and incorporate into the discussion, if appropriate, existing studies or planning documents that quantify the costs and impacts to the state if there are inadequate water supplies to meet sustainable demands for all sectors. (6) A report on the development of regional and local water projects within each hydrologic region of the state undertaken to improve water supplies to meet municipal, agricultural, and environmental water needs and minimize the need to import water from other hydrologic regions. (d) Notwithstanding Section 10231.5 of the Government Code, the department shall report the amendments, supplements, and additions included in the updates of The California Water Plan, together with a summary of the department’s conclusions and recommendations, to the Legislature, in compliance with Section 9795 of the Government Code, in the session in which the updated plan is issued. (Amended by Stats. 2025, Ch. 210, Sec. 4. (SB 72) Effective January 1, 2026.)
  16. 10004.6.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 1. The California Water Plan [10004 - 10011] ( Chapter 1 heading added by Stats. 2007, Ch. 319, Sec. 2. )

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    The department must study future water needs, consult the advisory committee, share draft assumptions for public comment, and include an interim planning target in the California Water Plan updates.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 1. The California Water Plan [10004 - 10011] ( Chapter 1 heading added by Stats. 2007, Ch. 319, Sec. 2. ) ## 10004.6. (a) (1) As part of updating The California Water Plan every five years pursuant to subdivision (b) of Section 10004, the department shall conduct a study to determine the amount of additional water needed to meet the state’s future water needs and to recommend programs, policies, and facilities to meet those needs. (2) As part of the 2033 update to The California Water Plan, the department shall update the required planning target pursuant to subdivision (f) for 2050.The target shall consider the identified and future water needs for all beneficial uses, including, but not limited to, urban uses, agricultural uses, recreational uses, tribal uses, and the environment, recognize the impacts of climate change on the state’s water resources, ensure safe drinking water for all Californians, and reflect statewide, regional, and local planning efforts. In establishing the long-term supply target, the department shall analyze current and future water needs trends, including identifying additional water necessary to sustain public trust resources. Nothing in this paragraph shall require the state water board or regional boards to update water quality control plans in order for the department to update the required planning target described in subdivision (f). (3) Subsequent updates of the plan shall include a range of water supply targets that consider future scenarios with a 50-year planning horizon at a watershed scale. (b) The department shall consult with the advisory committee established pursuant to subdivision (c) of Section 10004 in carrying out this chapter. (c) On or before December 31, 2027, and one year prior to issuing each successive update to The California Water Plan, the department shall release a preliminary draft of the assumptions and other estimates upon which the study will be based, to interested persons and entities throughout the state for their review and comments. The department shall provide these persons and entities an opportunity to present written or oral comments on the preliminary draft. The department shall consider these documents when adopting the final assumptions and estimates for the study. For the purpose of carrying out this subdivision, the department shall release, at a minimum, assumptions and other estimates relating to all of the following: (1) Basin hydrology, including annual rainfall, estimated unimpaired streamflow, depletions, and consumptive uses. (2) Groundwater supplies, including estimates of sustainable yield, supplies necessary to recover overdraft basins, and supplies lost due to pollution and other groundwater contaminants. (3) Current and projected land use patterns, including the mix of residential, commercial, industrial, agricultural, and undeveloped lands. (4) Environmental water needs, including regulatory instream flow requirements, nonregulated instream uses, and water needs by wetlands, preserves, refuges, and other managed and unmanaged natural resource lands. (5) Current and projected population. (6) Current and projected water use for all of the following: (A) Interior uses in a single-family dwelling. (B) Exterior uses in a single-family dwelling. (C) All uses in a multifamily dwelling. (D) Commercial uses. (E) Industrial uses. (F) Parks and open spaces. (G) Agricultural water diversion and use. (7) Opportunities for demand management. (8) Evapotranspiration rates for major crop types, including estimates of evaporative losses by irrigation practice and the extent to which evaporation reduces transpiration. (9) Current and projected adoption of urban and agricultural conservation practices. (10) Current and projected supplies of water provided by water recycling and reuse. (11) Current and projected water and infrastructure needs of disadvantaged communities, as defined in Section 79505.5, served by public water systems, state small water systems, and individual domestic wells, including, but not limited to, access to safe and affordable drinking water and sanitation, water quality, and water supply. The department may incorporate by reference the State Water Resources Control Board’s Drinking Water Needs Assessment or other available relevant assessments or reports. (12) Climate change impacts by region and resulting water supply trends, including changes in timing and intensity of snowmelt runoff. (d) The department shall include a discussion of the potential for alternative water pricing policies to change current and projected water uses identified pursuant to paragraph (6) of subdivision (c). (e) This section does not require the department to update, or prohibit the department from updating, any data necessary to update The California Water Plan pursuant to subdivision (b) of Section 10004. (f) As part of the 2028 update to the plan, the department shall include an interim planning target of 9,000,000 acre-feet of additional water, water conservation, or water storage capacity to be achieved by 2040. This target may be achieved through strategies, including, but not limited to, a combination of the development of new or expanded surface or groundwater storage, conservation efforts, including the ongoing implementation of the Making Conservation a California Way of Life regulation pursuant to Article 1 (commencing with Section 965) of Chapter 3.5 of Division 3 of Title 23 of the California Code of Regulations, or the development of stormwater capture, graywater, recycled water, or other water supplies. (Amended by Stats. 2025, Ch. 210, Sec. 5. (SB 72) Effective January 1, 2026.)
  17. 10004.7.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 1. The California Water Plan [10004 - 10011] ( Chapter 1 heading added by Stats. 2007, Ch. 319, Sec. 2. )

    Verify source ↗

    The department must include groundwater-recharge recommendations in the 2028 California Water Plan update and later updates, consult specified water boards and an advisory committee, and evaluate costs and benefits when feasible.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 1. The California Water Plan [10004 - 10011] ( Chapter 1 heading added by Stats. 2007, Ch. 319, Sec. 2. ) ## 10004.7. (a) (1) The department, as part of the 2028 update, and each subsequent update thereafter, to The California Water Plan required pursuant to Section 10004, shall utilize its expertise in sustainable groundwater management to provide actionable recommendations to develop additional groundwater recharge opportunities that increase the recharge of the state’s groundwater basins without reducing the amount of water available for environmental purposes or any other purpose allowed under state law. (2) The department shall consult with the state board, the nine regional water quality control boards, and the advisory committee established pursuant to subdivision (b) of Section 10004 in carrying out this section. (3) The recommendations shall identify immediate opportunities and potential long-term solutions to increase the state’s groundwater supply, with a priority on multibenefit projects. The recommendations shall include all of the following: (A) An estimate of the volume of recharge that could potentially be realized by the enactment of the recommendations. (B) A discussion of the variability of the quantities of water potentially available for recharge given varying hydrogeologic environments. (C) An identification of the legal and regulatory requirements for recharge projects. (D) A discussion of the possible financial or regulatory incentives that could support the development of recharge projects. (E) An identification of locations and a description of how groundwater recharge at those locations can protect access to safe drinking water and provide water quality benefits. (F) An identification of best practices to advance all benefits of groundwater recharge, including, but not limited to: (i) Analysis regarding where groundwater recharge will be effective and protective of access to safe drinking water consistent with Section 106.3. (ii) Mapping that identifies areas where recharge is unlikely to degrade groundwater quality based on consideration of the quality and composition of the source water, the qualities of the soil upon which recharge will occur, and the proximity to drinking water wells. (4) The department shall, to the extent feasible, evaluate the potential economic and noneconomic costs and benefits of implementing the recommendations. (b) Nothing in this section shall do any of the following: (1) Limit or reduce the existing surface storage of water. (2) Affect or change any water right. (3) Prioritize any one use of water over another use, define what is to be considered a beneficial use of water, or in any way influence how the increased supply of groundwater under this part shall be used. (c) For purposes of this section, the following definitions shall apply: (1) “Groundwater recharge” means a process where water moves down from the ground surface or the bottom of a waterway and infiltrates an underlying aquifer. Groundwater recharge actions include increasing the amount of raw, treated, or recycled water in the groundwater basins through human-controlled means, including, but not limited to, use of aquifer storage and recovery wells, injection wells, surface spreading basins, field flooding, stormwater capture, flood managed basins, and in-lieu recharge. (2) “Groundwater supply” means water that at any point in time is being stored underground that is available for human use and environmental protection to sustain the state’s future. (Added by Stats. 2023, Ch. 624, Sec. 3. (SB 659) Effective January 1, 2024.)
  18. 10005.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 1. The California Water Plan [10004 - 10011] ( Chapter 1 heading added by Stats. 2007, Ch. 319, Sec. 2. )

    Verify source ↗

    The state declares the California Water Plan to be the master plan for coordinating and managing the state’s water resources, but this declaration does not itself approve specific projects or routes for water transfer or provide financial assistance.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 1. The California Water Plan [10004 - 10011] ( Chapter 1 heading added by Stats. 2007, Ch. 319, Sec. 2. ) ## 10005. (a) It is hereby declared that the people of the state have a primary interest in the orderly and coordinated control, protection, conservation, development, and utilization of the water resources of the state by all individuals and entities and that it is the policy of the state that The California Water Plan, with any necessary amendments, supplements, and additions to the plan, is accepted as the master plan which guides the orderly and coordinated control, protection, conservation, development, management and efficient utilization of the water resources of the state. (b) The declaration set forth in subdivision (a) does not constitute approval for the construction of specific projects or routes for transfer of water, or for financial assistance, by the state, without further legislative action, nor shall the declaration be construed as a prohibition of the development of the water resources of the state by any entity. (Amended by Stats. 1991, Ch. 620, Sec. 2.)
  19. 10005.1.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 1. The California Water Plan [10004 - 10011] ( Chapter 1 heading added by Stats. 2007, Ch. 319, Sec. 2. )

    Verify source ↗

    The department must hold a series of hearings, or ask the California Water Commission to do so, with a broad range of interested persons and agencies.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 1. The California Water Plan [10004 - 10011] ( Chapter 1 heading added by Stats. 2007, Ch. 319, Sec. 2. ) ## 10005.1. The department or, at the department’s request, the California Water Commission, shall conduct a series of hearings with interested persons, organizations, local, state, and federal agencies, and representatives of the diverse geographical areas and interests of the state. (Added by Stats. 1991, Ch. 620, Sec. 3.)
  20. 10005.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 1. The California Water Plan [10004 - 10011] ( Chapter 1 heading added by Stats. 2007, Ch. 319, Sec. 2. )

    Verify source ↗

    Before a hearing under Section 10005.1, the department must mail notice of the hearing to people and entities who asked for notice and gave the department their name and address.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 1. The California Water Plan [10004 - 10011] ( Chapter 1 heading added by Stats. 2007, Ch. 319, Sec. 2. ) ## 10005.2. Prior to holding a hearing pursuant to Section 10005.1, the department shall give notice by mail of the hearing to persons and entities which have requested notice and have provided their name and address to the department. (Added by Stats. 1991, Ch. 620, Sec. 4.)
  21. 10006.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 1. The California Water Plan [10004 - 10011] ( Chapter 1 heading added by Stats. 2007, Ch. 319, Sec. 2. )

    Verify source ↗

    This part does not repeal or modify any provisions of Part 3 of this division.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 1. The California Water Plan [10004 - 10011] ( Chapter 1 heading added by Stats. 2007, Ch. 319, Sec. 2. ) ## 10006. The provisions of this part do not repeal or modify any of the provisions of Part 3 of this division. (Added by Stats. 1959, Ch. 2053.)
  22. 10007.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 1. The California Water Plan [10004 - 10011] ( Chapter 1 heading added by Stats. 2007, Ch. 319, Sec. 2. )

    Verify source ↗

    Earlier applications filed by the Department of Finance or the Department of Water Resources under Part 2 of Division 6 stay valid and keep the status and priority given under that part.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 1. The California Water Plan [10004 - 10011] ( Chapter 1 heading added by Stats. 2007, Ch. 319, Sec. 2. ) ## 10007. Notwithstanding anything contained in this part, all applications heretofore filed by the Department of Finance or by the Department of Water Resources under Part 2 of Division 6 shall remain valid and shall retain and have the status and priority accorded to such applications as now or hereafter provided in said Part 2. (Added by Stats. 1959, Ch. 2053.)
  23. 10008.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 1. The California Water Plan [10004 - 10011] ( Chapter 1 heading added by Stats. 2007, Ch. 319, Sec. 2. )

    Verify source ↗

    The director must keep negotiating with the United States Bureau of Reclamation to arrange interim rights to stored water from the federal Central Valley Project.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 1. The California Water Plan [10004 - 10011] ( Chapter 1 heading added by Stats. 2007, Ch. 319, Sec. 2. ) ## 10008. The Legislature hereby finds and declares that agreements which provide for the transfer of water from the federal Central Valley Project to public entities supplying water for domestic or irrigation use offer potential benefits to California’s hard-pressed farmers and to California’s water-dependent urban areas. It is the intent of the Legislature that these contracts be entered into for the purposes of strengthening California’s economy, serving the public, and protecting the environment. The director shall continue to pursue negotiations with the United States Bureau of Reclamation to contract for the interim rights to stored water from the federal Central Valley Project for use in the State Water Resources Development System by state water supply contractors. (Added by Stats. 1986, Ch. 1241, Sec. 1. Effective September 26, 1986.)
  24. 10009.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 1. The California Water Plan [10004 - 10011] ( Chapter 1 heading added by Stats. 2007, Ch. 319, Sec. 2. )

    Verify source ↗

    The director must discuss with the U.S. Bureau of Reclamation to allow certain water-entitlement holders to make legally binding transfer contracts during shortages.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 1. The California Water Plan [10004 - 10011] ( Chapter 1 heading added by Stats. 2007, Ch. 319, Sec. 2. ) ## 10009. The director shall pursue discussions with the United States Bureau of Reclamation to permit persons and public entities which have entitlements to water from the federal Central Valley Project, to enter into legally binding contracts with any public entity which supplies water for domestic use, irrigation use, or environmental protection in this state for the transfer of federal water entitlements during times of shortage. (Added by Stats. 1986, Ch. 1241, Sec. 2. Effective September 26, 1986.)
  25. 1001.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    This section says the division does not create or confirm any right, title, or interest in the water itself.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 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. (Enacted by Stats. 1943, Ch. 368.)
  26. 10011.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 1. The California Water Plan [10004 - 10011] ( Chapter 1 heading added by Stats. 2007, Ch. 319, Sec. 2. )

    Verify source ↗

    The director must hold at least one public hearing in the Sacramento-San Joaquin Delta and seek comments from specified local groups when preparing the California Water Plan. The plan must also discuss alternatives for improving and protecting Delta uses and configuration, but only if Budget Act funding is appropriated.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 1. The California Water Plan [10004 - 10011] ( Chapter 1 heading added by Stats. 2007, Ch. 319, Sec. 2. ) ## 10011. (a) In preparing the California Water Plan, the director shall conduct at least one public hearing within the boundaries of the Sacramento-San Joaquin Delta, and shall solicit the comments of water agencies within the delta, agricultural groups representative of delta agricultural activity, environmental groups concerned with protecting delta wildlife habitat, and groups representative of those who utilize water exported from the delta. (b) The California Water Plan shall include a discussion of various alternatives, including their advantages and disadvantages, for improving and protecting the current uses and configuration of the Sacramento-San Joaquin Delta. (c) Subdivisions (a) and (b) shall be implemented only to the extent money is appropriated in the annual Budget Act to carry out this section. (Added by Stats. 1992, Ch. 953, Sec. 1. Effective January 1, 1993.)
  27. 10015.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 2. California Irrigation Management Information System [10015 - 10016] ( Chapter 2 added by Stats. 2007, Ch. 319, Sec. 3. )

    Verify source ↗

    This section states legislative findings about using CIMIS and evapotranspiration data to improve irrigation efficiency and conserve water.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 2. California Irrigation Management Information System [10015 - 10016] ( Chapter 2 added by Stats. 2007, Ch. 319, Sec. 3. ) ## 10015. The Legislature hereby finds and declares all of the following: (a) The state’s growth requires policymakers to seek creative ways to maximize the use of water resources and employ technology to conserve water whenever possible. (b) The state’s agricultural industry, as well as residential landscapers, pest control managers, park and golf course operators, water agencies, and large urban irrigators rely on the California Irrigation Management Information System (CIMIS) to provide evapotranspiration data that allows them to develop weather-based, water budgeting methods of irrigation. A recent study found that the California Irrigation Management Information System generates $64.7 million in annual benefits to the state, at an annual cost of only eight hundred fifty thousand dollars ($850,000). (c) Completing the development of standard data protocol for evapotranspiration data and enhancing statewide coverage of CIMIS data will allow significant improvements in landscape management and irrigation scheduling, thereby saving significant amounts of water. Studies have shown a savings of 37 gallons per day for residential irrigation, and 545 gallons per day for nonresidential irrigation, as well as runoff reduction of up to 50 percent when weather-based irrigation controllers using evapotranspiration data are installed. (d) The expansion of the California Irrigation Management Information System, and the use of evapotranspiration data in irrigation has other environmental benefits as well. The reduction in urban runoff that results can lead to improved water quality, and for every one acre foot of water saved, there is a corresponding reduction of one ton of air emissions, according to the California Irrigation Management Information System Urban Resource Book (May 2000). (Added by Stats. 2007, Ch. 319, Sec. 3. Effective January 1, 2008.)
  28. 10016.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 2. California Irrigation Management Information System [10015 - 10016] ( Chapter 2 added by Stats. 2007, Ch. 319, Sec. 3. )

    Verify source ↗

    The Department of Water Resources must develop a standard evapotranspiration data protocol and keep operating the California Irrigation Management Information System, subject to available appropriations.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 1.5. THE CALIFORNIA WATER PLAN [10004 - 10016] ( Part 1.5 added by Stats. 1959, Ch. 2053. ) ## CHAPTER 2. California Irrigation Management Information System [10015 - 10016] ( Chapter 2 added by Stats. 2007, Ch. 319, Sec. 3. ) ## 10016. (a) The Department of Water Resources shall complete the development of a standard data protocol for evapotranspiration data, to ensure that the data is available in an easily accessible, standard, and usable format throughout the state, and made available through the California Irrigation Management Information System. (b) The Department of Water Resources shall continue the operation of the California Irrigation Management Information System to allow evapotranspiration data to be generated for, and made available to, all regions of the state. (c) The Department of Water Resources shall perform the duties required by this section to the extent funds are appropriated for these purposes in the annual Budget Act. (d) Upon appropriation by the Legislature, funds allocated pursuant to subdivision (a) of Section 75027 of the Public Resources Code shall be made available to provide regional contributions towards satisfying the duties required by this section. (Added by Stats. 2007, Ch. 319, Sec. 3. Effective January 1, 2008.)
  29. 1002.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    This section says the division does not give anyone new rights unless the division expressly says so.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 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 division takes effect. (Enacted by Stats. 1943, Ch. 368.)
  30. 1003.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    This section defines “Water Commission Act” for this division.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 1003. As used in this division, “Water Commission Act” means Chapter 586, Statutes of 1913, as amended. (Enacted by Stats. 1943, Ch. 368.)
  31. 1004.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    This section says “useful or beneficial purposes” does not include using more than 2.5 acre-feet of water per acre in one year to irrigate uncultivated land not devoted to cultivated crops.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 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 in the irrigation of uncultivated areas of land not devoted to cultivated crops. (Enacted by Stats. 1943, Ch. 368.)
  32. 1005.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    This section protects certain local water agencies and a contractor’s contracted water rights from being reduced by other laws or use requirements.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 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 benefit of any law heretofore or hereafter passed for their benefit in regard to the appropriation or acquisition of water. Any right to the water of any stream which flows along a boundary of the State and which is the subject of an interstate compact to which the State is a party, to the extent such right relates to quantities of water which the United States has, under the authority of an act of Congress, contracted to deliver to any municipal corporation, political subdivision, or public district in the State, from storage constructed by the United States on any such stream, shall not be subject to any requirement or limitation provided by law relating to the time within which the construction of works for the use of such water shall be commenced, carried on, or completed, or within which such water shall be put to use, or relating to the continuity of use of such water; and water contracted to be delivered from such stream, shall be reserved to the contractor therefor without diminution by reason of the contractor’s failure to apply such water to use during any period, and shall not be subject to appropriation by any other than such contractor. (Amended by Stats. 1943, Ch. 230.)
  33. 1005.1.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    A user relying on an alternate nontributary water source must file an annual statement with the board by December 31, or lose the ability to claim this section’s benefit for that water year.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 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 nontributary source, shall be and is deemed equivalent to, and for purposes of establishing and maintaining any right to extract the ground water shall be construed to constitute, a reasonable beneficial use of the ground water to the extent and in the amount that water from the alternate source is applied to reasonable beneficial use, not exceeding, however, the amount of such reduction. Any such user of water from an alternate nontributary source who seeks the benefit of this section, shall file with the board, on or before December 31st of each calendar year, a statement of the amount of water from such source so applied to reasonable beneficial use pursuant to the provisions of this section during the next preceding water year (November 1st to October 31st), and such user cannot claim the benefit of this section for any water year for which such statement is not so filed. “Ground water,” for the purpose of this section and of Sections 1005.2 and 1005.4, means water beneath the surface of the ground, whether or not flowing through known and definite channels. The term “nontributary source,” as used in this section, shall be deemed to include water imported from another watershed, or water conserved and saved in the watershed by a water conservation plan or works without which such water of the same watershed would have wasted, or would not have reached the underground source of supply of the owner relying upon this section. (Amended by Stats. 1976, Ch. 581.)
  34. 1005.2.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    Using alternate-source water to reduce groundwater pumping for replenishment is treated as a reasonable beneficial use, and qualifying users must file statements with the board on the stated deadlines.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 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 nontributary source, is hereby declared to be a reasonable beneficial use of the ground water to the extent and in the amount that water from such alternate source is applied to beneficial use, not exceeding, however, the amount of such reduction. No lapse, reduction or loss of any right in ground water, shall occur under such conditions. Any such user of water from an alternate source who seeks the benefit of this Section 1005.2 with respect to the use of such water occurring prior to the effective date of this section, shall file with the board, within ninety (90) days from said effective date, a statement of the amounts of reduction in the extraction of ground water as the result of water from said alternate source having been so applied to reasonable beneficial use prior to said effective date to permit the replenishment of such ground water and said amounts shall be segregated and shown for each water year (November 1st to October 31st) during which such use occurred prior to the effective date of this section. Any such user of water from an alternate source who seeks the benefit of this Section 1005.2 with respect to the use of such water occurring subsequent to the effective date of this section, shall file with the board, on or before December 31st of each calendar year, a statement of the amount of reduction in the extraction of ground water as the result of water from said alternate source having been so applied to reasonable beneficial use during the next preceding water year (November 1st to October 31st) to permit the replenishment of such ground water. Such user cannot claim the benefit of this section for any water year for which such statement is not so filed. The provisions of this section apply only as to the cessation of, or reduction in, the extraction of ground water within that area in this state defined by the exterior boundaries of the Counties of San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Diego, Imperial, Riverside, and San Bernardino. The term “nontributary source” as used in this section shall be deemed to include water imported from another watershed or water conserved and saved in the watershed by a water conservation plan or works without which such water of the same watershed would have wasted, or would not have reached the underground source of supply of the owner relying upon this section. (Amended by Stats. 1972, Ch. 274.)
  35. 1005.3.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

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    An owner of water rights in the specified groundwater basin does not lose those rights just because they do not pump or extract the full amount during the lawsuit period described in this section.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 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 Tehachapi-Cummings County Water District in Kern County, and until the date of judgment therein becomes final, which finality may be subject to any reserved jurisdiction of the court, the failure by any owner of water rights in and to such ground water basin to pump or extract therefrom the full quantity of water representing such water rights which he may be determined to have had as of the date of commencement of the action, shall not result in a loss of any portion of such water rights. The provisions of this section shall apply to any such failure to pump or extract in any water year, calendar year, or other year ending after the effective date of this section, whether or not said action was commenced prior to that effective date. This special provision is necessary because there are special and peculiar circumstances applicable to the ground water basins lying wholly or partially within the Tehachapi-Cummings County Water District. There are three such ground water basins, commonly referred to as the Tehachapi Basin, the Brite Basin and the Cummings Basin. The alluvial fill in each of said basins is very shallow when contrasted to most other ground water basins in this state. It is necessary to induce those pumpers who can possibly do so to reduce their pumping from the basins if sufficient ground water reserves are to be maintained for preservation of the existing economy until supplemental water is available from the State Water Facilities. Actions to adjudicate substantially all water rights have been filed as to each of those basins. (Added by Stats. 1967, Ch. 833.)
  36. 1005.4.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    A user who reduces groundwater extraction to replenish groundwater with water from an alternate nontributary source may file an annual statement with the board by December 31, and missing that filing does not forfeit the right to claim this section’s benefit.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 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 nontributary source, is hereby declared to be a reasonable beneficial use of the ground water to the extent and in the amount that water from such alternate source is applied to beneficial use, not exceeding, however, the amount of such reduction. No lapse, reduction or loss of any right in ground water, shall occur under such conditions. (b) Any such user of water from an alternative source may file with the board, on or before December 31st of each calendar year, a statement of the amount of reduction in the extraction of groundwater as a result of water from the alternative source having been so applied to reasonable beneficial use during the next preceding water year (October 1st to September 30th) to permit replenishment of such groundwater. However, failure to file such a statement shall in no way affect the right of a user to claim the benefit of this section. (c) The provisions of this section apply only as to the cessation of, or reduction in, the extraction of ground water within that area in this state defined by the exterior boundaries of every county, except the Counties of San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Diego, Imperial, Riverside, and San Bernardino. (d) The term “nontributary source,” as used in this section, shall be deemed to include water imported from another watershed or water conserved and saved in the watershed by a water conservation plan or works without which such water of the same watershed would have wasted, or would not have reached the underground source of supply of the owner relying upon this section. (Amended by Stats. 1981, Ch. 567, Sec. 1. Effective September 19, 1981.)
  37. 1006.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

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    This section preserves a qualifying municipality’s right or power to use, sell, or otherwise dispose of certain water.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 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 or acquired water for municipal purposes, to use, sell, or otherwise dispose of such water either within or without its limits for domestic, irrigation, or other purposes in accordance with laws in effect on that date. (Enacted by Stats. 1943, Ch. 368.)
  38. 1007.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

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    This section says the division does not remove the listed public entities’ or any person’s rights to acquire property through eminent domain.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 1007. Nothing in this division shall be construed to deprive the State or any city, city and county, municipal water district, irrigation district, lighting district, political subdivision, or any person of any rights to acquire property by eminent domain proceedings. (Enacted by Stats. 1943, Ch. 368.)
  39. 1008.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

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    This section says the division cannot be read to take away any person’s existing right of appeal under state law.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 1008. Nothing in this division shall be construed as depriving any person of the right of appeal conferred under the laws of this State. (Enacted by Stats. 1943, Ch. 368.)
  40. 1009.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    Water suppliers for municipal use may run water conservation programs and may make installation of reasonable water-saving and water reclamation devices a condition of new service.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 1009. Any supplier of water in this state for municipal use, including the state, or any city, county, city and county, district, individual, partnership, corporation, or any other entity, may undertake a water conservation program to reduce water use and may require, as a condition of new service, that reasonable water-saving devices and water reclamation devices be installed to reduce water use. (Added by Stats. 1976, Ch. 709.)
  41. 1009.5.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

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    A water district and the county district attorney may make an agreement letting the water district’s attorney act as a special prosecutor, subject to listed limits.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 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 the water district to act as a special prosecutor appointed by and under the supervision and direction of the district attorney for the purpose of prosecuting a violation of an ordinance of the district or a violation of a statute that is a misdemeanor or an infraction, or a violation of a resolution or ordinance adopted pursuant to Section 375, subject to all of the following limitations: (1) The ordinance, resolution, or statute relates to water pollution, including waste water and stormwater, or to water conservation. (2) The district attorney shall prescribe the scope of, and any limitations on, the subpoena power of the attorney for the water district. (3) The district attorney may designate any ordinance, resolution, or statute that the attorney for the water district is authorized to prosecute. (b) A water district, for purposes of this section, means a water district as defined in Section 20200. (Added by Stats. 1992, Ch. 766, Sec. 1. Effective January 1, 1993.)
  42. 101.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

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    Riparian owners keep a right to reasonable use of stream water, and lawful appropriators are not deprived of water they are lawfully entitled to.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 101. Riparian rights in a stream or watercourse attach to, but to no more than so much of the flow thereof as may be required or used consistently with this and the next preceding section, for the purposes for which such lands are, or may be made adaptable, in view of such reasonable and beneficial uses; provided, however, that nothing in this or the next preceding section shall be construed as depriving any riparian owner of the reasonable use of water of the stream to which his land is riparian under reasonable methods of diversion and use, or of depriving any appropriator of water to which he is lawfully entitled. (Enacted by Stats. 1943, Ch. 368.)
  43. 1010.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    This section protects water rights when recycled, desalinated, or polluted water replaces other water use, and it lets the board require periodic reports.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 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 water, desalinated water, or water polluted by waste to a degree which unreasonably affects the water for other beneficial uses, is deemed equivalent to, and for purposes of maintaining any right shall be construed to constitute, a reasonable beneficial use of water to the extent and in the amount that the recycled, desalinated, or polluted water is being used not exceeding, however, the amount of such reduction. (2) No lapse, reduction, or loss of any existing right shall occur under a cessation of, or reduction in, the use of water pursuant to this subdivision, and, to the extent and in the amount that recycled, desalinated, or polluted water is used in lieu of water appropriated by a permittee pursuant to Chapter 6 (commencing with Section 1375) of Part 2, the board shall not reduce the appropriation authorized in the user’s permit. (3) The use of recycled, desalinated, or polluted water constitutes good cause under Section 1398 to extend the period specified in a permit for application of appropriated water to beneficial use to the extent and in the amount that recycled, desalinated, or polluted water is used. The extension by the board shall be granted upon the same terms as are set forth in the user’s permit, and for a period sufficient to enable the permittee to perfect his appropriation, while continuing to use recycled, desalinated, or polluted water. (4) The board, in issuing a license pursuant to Article 3 (commencing with Section 1610) of Chapter 9 of Part 2, shall not reduce the appropriation authorized by permit, to the extent and in the amount that reduction in a permittee’s use, during the perfection period, including any extension as provided in this section, has resulted from the use of recycled, desalinated, or polluted water in lieu of the permittee’s authorized appropriation. (5) The board may require any user of water who seeks the benefit of this section to file periodic reports describing the extent and amount of the use of recycled, desalinated, or polluted water. To the maximum extent possible, the reports shall be made a part of other reports required by the board relating to the use of water. (6) For purposes of this section, the term “recycled water” has the same meaning as in Division 7 (commencing with Section 13000). (b) Water, or the right to the use of water, the use of which has ceased or been reduced as the result of the use of recycled, desalinated, or polluted water as described in subdivision (a), may be sold, leased, exchanged, or otherwise transferred pursuant to any provision of law relating to the transfer of water or water rights, including, but not limited to, provisions of law governing any change in point of diversion, place of use, and purpose of use due to the transfer. (Amended by Stats. 1995, Ch. 28, Sec. 12. Effective January 1, 1996.)
  44. 1011.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    Water saved through conservation may be treated as beneficial use, and the conserved water can be transferred, but users seeking this benefit may have to file periodic reports.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 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, any cessation or reduction in the use of the appropriated water shall be deemed equivalent to a reasonable beneficial use of water to the extent of the cessation or reduction in use. No forfeiture of the appropriative right to the water conserved shall occur upon the lapse of the forfeiture period applicable to water appropriated pursuant to the Water Commission Act or this code or the forfeiture period applicable to water appropriated prior to December 19, 1914. The board may require that any user of water who seeks the benefit of this section file periodic reports describing the extent and amount of the reduction in water use due to water conservation efforts. To the maximum extent possible, the reports shall be made a part of other reports required by the board relating to the use of water. Failure to file the reports shall deprive the user of water of the benefits of this section. For purposes of this section, the term “water conservation” shall mean the use of less water to accomplish the same purpose or purposes of use allowed under the existing appropriative right. Where water appropriated for irrigation purposes is not used as a result of temporary land fallowing or crop rotation, the reduced usage shall be deemed water conservation for purposes of this section. For the purpose of this section, “land fallowing” and “crop rotation” mean those respective land practices, involving the nonuse of water, used in the course of normal and customary agricultural production to maintain or promote the productivity of agricultural land. (b) Water, or the right to the use of water, the use of which has ceased or been reduced as the result of water conservation efforts as described in subdivision (a), may be sold, leased, exchanged, or otherwise transferred pursuant to any provision of law relating to the transfer of water or water rights, including, but not limited to, provisions of law governing any change in point of diversion, place of use, and purpose of use due to the transfer. (c) Notwithstanding any other provision of law, upon the completion of the term of a water transfer agreement, or the right to the use of that water, that is available as a result of water conservation efforts described in subdivision (a), the right to the use of the water shall revert to the transferor as if the water transfer had not been undertaken. (Amended by Stats. 1999, Ch. 938, Sec. 2. Effective January 1, 2000.)
  45. 1011.5.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    A holder of an appropriative water right may transfer water reduced by conjunctive use, but must file periodic reports if the holder seeks this section’s benefit, and the state board may require those reports.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 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 use of water requires certainty in the definition of property rights to the use of water. The Legislature further declares that it is the policy of this state to encourage conjunctive use of surface water and groundwater supplies and to make surface water available for other beneficial uses. The Legislature recognizes that the substantial investments that may be necessary to implement and maintain a conjunctive use program require certainty in the continued right to the use of alternate water supplies. (b) When any holder of an appropriative right fails to use all or any part of the water as a result of conjunctive use of surface water and groundwater involving the substitution of an alternate supply for the unused portion of the surface water, any cessation of, or reduction in, the use of the appropriated water shall be deemed equivalent to a reasonable and beneficial use of water to the extent of the cessation of, or reduction in, use, and to the same extent as the appropriated water was put to reasonable and beneficial use by that person. No forfeiture of the appropriative right to the water for which an alternate supply is substituted shall occur upon the lapse of the forfeiture period applicable to water appropriated pursuant to the Water Commission Act or this code or the forfeiture period applicable to water appropriated prior to December 19, 1914. The state board may require any holder of an appropriative right who seeks the benefit of this section to file periodic reports describing the extent and amount of the reduction in water use due to substitution of an alternate supply. To the maximum extent possible, the reports shall be made a part of other reports required by the state board relating to the use of water. Failure to file the reports shall deprive the user of water of the benefits of this section. (c) Substitution of an alternate supply may be made only if the extraction of the alternate supply conforms to all requirements imposed pursuant to an adjudication of the groundwater basin, if applicable, and meets one of the following conditions: (1) Except as specified in paragraph (2), is from a groundwater basin for which the operating safe yield is not exceeded prior to the extraction of the alternate supply and does not cause the operating safe yield of the groundwater basin from which the alternate supply is obtained to be exceeded. (2) Is from the Eastern San Joaquin County Basin, as described on pages 38 and 39 of the Department of Water Resources Bulletin No. 118-80, for which the operating safe yield is exceeded prior to the extraction of the alternative supply, if all of the following requirements are met: (A) The conjunctive use program is operated in accordance with a local groundwater management program that complies with the requirements of this section. (B) The groundwater management program establishes requirements for the extraction of groundwater and is approved by a joint powers authority that meets the requirements of subparagraph (C). (C) The joint powers authority includes one or more of the water agencies overlying the contemplated points of groundwater extraction and one or more of the water agencies that will share in the benefits to be derived from the local groundwater management program. (D) By either of the following methods, the overdraft of the groundwater basin underlying the point of extraction has been reduced prior to the commencement of extraction: (i) Elimination of a volume of existing groundwater extractions in excess of the proposed new extraction. (ii) Recharge of the groundwater basin with a volume of water in excess of the proposed new extraction. (E) The operation of that conjunctive use program ensures that the overdraft of the groundwater basin continues to be reduced. (d) Water, or the right to the use of water, the use of which has ceased or been reduced as the result of conjunctive use of surface water and groundwater involving substitution of an alternate supply, as described in subdivisions (b) and (c), may be sold, leased, exchanged, or otherwise transferred pursuant to any provision of law relating to the transfer of water or water rights, including, but not limited to, provisions of law governing any change in point of diversion, place of use, and purpose of use due to the transfer. (e) As used in this section, “substitution of an alternate supply” means replacement of water diverted under an appropriative right by the substitution of an equivalent amount of groundwater. (f) This section does not apply to the Santa Ana River watershed. (g) This section does not apply in any area where groundwater pumping causes, or threatens to cause, a violation of water quality objectives or an unreasonable effect on beneficial uses established in a water quality control plan adopted or approved by the state board pursuant to, and to the extent authorized by, Section 13170 or 13245, which designates areas where groundwater pumping causes, or threatens to cause, a violation of water quality objectives or an unreasonable effect on beneficial uses. (h) This section shall not be construed to increase or decrease the jurisdiction of the state board over groundwater resources, or to confer on the state board jurisdiction over groundwater basins over which it does not have jurisdiction pursuant to other provisions of law. (Amended (as added by Stats. 1992, Ch. 779, Sec. 1) by Stats. 2003, Ch. 740, Sec. 3. Effective January 1, 2004.)
  46. 1012.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    Water-conservation efforts that reduce Colorado River water use in the Imperial Irrigation District do not cause forfeiture, diminution, or impairment of the right to use the conserved water, except as provided in the parties’ agreements with the United States.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 1012. Notwithstanding any other provision of law, where any person, public agency, or agency of the United States undertakes any water conservation effort, either separately or jointly with others entitled to delivery of water from the Colorado River under contracts with the United States, which results in reduced use of Colorado River water within the Imperial Irrigation District, no forfeiture, dimunition, or impairment of the right to use the water conserved shall occur, except as set forth in the agreements between the parties and the United States. (Added by Stats. 1984, Ch. 429, Sec. 1.)
  47. 1013.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    This section protects certain water conservation and transfer activities from liability, limits when conserved water can be claimed, and authorizes a fee on some water transfers.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 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 California Constitution or to this chapter, or complying with an order of the Secretary of the Interior, a court, or the board, to reduce through conservation measures, the volume of the flow of water directly or indirectly into the Salton Sea, shall not be held liable for any effects to the Salton Sea or its bordering area resulting from the conservation measures. (b) For the purposes of this section, and during the term of the Quantification Settlement Agreement as defined in subdivision (a) of Chapter 617 of the Statutes of 2002, “land fallowing conservation measures” means the generation of water to be made available for transfer or for environmental mitigation purposes by fallowing land or removing land from agricultural production regardless of whether the fallowing or removal from agricultural production is temporary or long term, and regardless of whether it occurs in the course of normal and customary agricultural production, if both of the following apply: (1) The measure is part of a land fallowing conservation plan that includes mitigation provisions adopted by the Board of Directors of the Imperial Irrigation District. (2) Before the Imperial Irrigation District adopts a land fallowing conservation plan, the district shall consult with the Board of Supervisors of the County of Imperial and obtain the board’s assessment of whether the proposed land fallowing conservation plan includes adequate measures to avoid or mitigate unreasonable economic or environmental impacts in the County of Imperial. (c) In order to minimize impacts on the environment, during the term of the Quantification Settlement Agreement and for six years thereafter, in any evaluation or assessment of the Imperial Irrigation District’s use of water, it shall be conclusively presumed that any water conserved, or used for mitigation purposes, through land fallowing conservation measures has been conserved in the same volume as if conserved by efficiency improvements, such as by reducing canal seepage, canal spills, or surface or subsurface runoff from irrigation fields. (d) If a party to the Quantification Settlement Agreement engages in water efficiency conservation measures or land fallowing conservation measures to carry out a Quantification Settlement Agreement transfer or to mitigate the environmental impacts of a Quantification Settlement Agreement transfer, there may be no forfeiture, diminution, or impairment of the right of that party to use of the water conserved. (e) During the period that the Quantification Settlement Agreement is in effect and the Imperial Irrigation District is meeting its water delivery obligations under the Quantification Settlement Agreement and its water delivery obligations under subdivision (c) of Section 2081.7 of the Fish and Game Code, no person or local agency, as defined in Section 21062 of the Public Resources Code, may seek to obtain additional conserved Colorado River water from the district, voluntarily or involuntarily, until the district has adopted a resolution offering to make conserved Colorado River water available. (f) During the initial term in which the Quantification Settlement Agreement is in effect, any water transferred by the Imperial Irrigation District shall be subject to an ecosystem restoration fee established by the Department of Fish and Game, in consultation with the board, to cover the proportional impacts to the Salton Sea of the additional water transfer. The fee shall not exceed 10 percent of the amount of any compensation received for the transfer of the water. The fee shall be deposited in the Salton Sea Restoration Fund. This fee shall not apply to the following transfers: (1) Transfers to meet water delivery obligations under the Quantification Settlement Agreement and related agreements, as defined in that agreement. (2) Transfers to comply with subdivision (c) of Section 2081.7 of the Fish and Game Code. (3) Transfers pursuant to a Defensive Transfer Agreement as defined in the Agreement for Acquisition of Conserved Water between the Imperial Irrigation District and the Metropolitan Water District of Southern California. (g) Subdivisions (c), (d), (e), and (f) shall not become operative unless the parties have executed the Quantification Settlement Agreement on or before October 12, 2003. (h) This section may not be construed to exempt the Imperial Irrigation District from any requirement established under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (Amended by Stats. 2005, Ch. 22, Sec. 208. Effective January 1, 2006.)
  48. 1014.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    Transferring water, or offering water for transfer, does not by itself cause forfeiture, abandonment, or modification of related water rights or contract rights, and it cannot be used as evidence of waste, unreasonable use, or cessation of use.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 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, contract right, or other right to the use of that water. An offer of water for transfer, contract negotiations, or a transfer agreement shall not be used as evidence of waste or unreasonable use, or of cessation of use, of the water made available for transfer. (Added by Stats. 1999, Ch. 938, Sec. 3. Effective January 1, 2000.)
  49. 1015.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    In certain water-transfer cases, the violation determination must focus on the transferee’s use of the transferred water, and any divested portion of the transferee’s right reverts immediately to the transferor.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 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 water violates Section 2 of Article X of the California Constitution, Sections 100, 101, 1410, and 1675, or any other legislative, administrative, or judicial limitation on the water that is subject to that water transfer and the water involved is, at the time of the alleged violation, subject to a water transfer, the determination of the alleged violation shall be based on an assessment of the transferee’s use of transferred water. If a transferee’s right to use transferred water is divested, in whole or in part, on the basis of the transferee’s abandonment, forfeiture, waste, or unreasonable use of the transferred water, the divested portion of the right shall revert immediately to the transferor. (Amended by Stats. 2022, Ch. 675, Sec. 1. (AB 2895) Effective January 1, 2023.)
  50. 1016.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    After a water transfer agreement ends, the transferee or any beneficiary may not claim continued water supply rights or make claims for continued supply.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 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 transferor. (b) After the conclusion of the term of a water transfer agreement, the transferee or any beneficiary of the transfer shall not do either of the following: (1) Bring any claim for a continuation of the water supply made available by the agreement. (2) Claim any right to a continued supply of water as a result of the transfer, based on reliance, estoppel, intervening public use, prescription, water shortage emergency, or unforeseen or unforeseeable increases in demand, or any other cause. (Added by Stats. 1999, Ch. 938, Sec. 5. Effective January 1, 2000.)
  51. 1017.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    Water used under an authorized transfer or exchange counts as beneficial use for the holder of the underlying permit, license, water right, or similar entitlement.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 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 with Section 1700) of, Chapter 10.5 (commencing with Section 1725) of, Part 2, or any other provision of law, shall constitute a beneficial use of water by the holder of the permit, license, water right, or other entitlement for use that is the basis for the transfer or exchange, and shall not affect any determination or forfeiture applicable to water appropriated pursuant to the Water Commission Act or this code or water appropriated prior to December 19, 1914. (Added by Stats. 1999, Ch. 938, Sec. 6. Effective January 1, 2000.)
  52. 1018.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    When agricultural land is idled to make water available for transfer, landowners are encouraged to keep or plant nonirrigated cover crops or natural vegetation for wildlife habitat, if other water transfer requirements are met.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Definitions and Interpretation of Division [1000 - 1018] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 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 available by that idling, landowners shall be encouraged to cultivate or retain nonirrigated cover crops or natural vegetation to provide waterfowl, upland game bird, and other wildlife habitat, provided that all other water transfer requirements are met. (Added by Stats. 2013, Ch. 387, Sec. 14. (SB 749) Effective January 1, 2014.)
  53. 102.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    All water in the State is owned by the people of the State, and the right to use water may be acquired by appropriation as provided by law.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 102. All water within the State is the property of the people of the State, but the right to the use of water may be acquired by appropriation in the manner provided by law. (Enacted by Stats. 1943, Ch. 368.)
  54. 1020.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. )

    Verify source ↗

    Water may be leased for up to five years to support water conservation efforts, subject to this chapter’s terms and conditions.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. ) ## 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 and conditions of this chapter are not applicable to water leases or transfers governed by other provisions of law. (Added by Stats. 1991, Ch. 847, Sec. 3.)
  55. 1021.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. )

    Verify source ↗

    Water leases must involve the lessor’s water right, stay within a 25% annual limit, and include terms preventing injury to legal water users and unreasonable harm to fish, wildlife, or other instream beneficial uses.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. ) ## 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 percent of the water that would have been applied or stored by the lessor in the absence of the lease agreement in any given hydrological year. (b) Each lease agreement shall include enforceable terms which will ensure that the water lease will not injure any legal user of water and will not unreasonably affect fish, wildlife, or other instream beneficial uses. (c) This chapter applies only to surface water appropriated pursuant to the Water Commission Act (Chapter 586 of the Statutes of 1913, as amended) or this code, or to water appropriated prior to December 19, 1914. (Added by Stats. 1991, Ch. 847, Sec. 3.)
  56. 1022.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. )

    Verify source ↗

    If leased water is held by a district-type entity, the district may decide to lease water, but it must administer the lease and meet specific notice, pricing, and payout rules.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. ) ## 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, the following provisions apply: (a) The governing body of the district may, by a resolution adopted and entered in its minutes, determine that the district should lease water pursuant to this chapter, or, if otherwise required by law, determine that an election should be held to lease water pursuant to this chapter. The district shall administer any water lease and determine whether water is in excess of the needs of the district and is available for a lease. (b) Any water lease administered by the district shall include provisions to achieve all of the following: (1) Establish a schedule for district water users to provide written notice of the intention to participate in a water lease. (2) Establish a minimum price for the water available for leasing to maintain the financial integrity of the district and enter into leases for that water at market values at or above the minimum price. (3) Annually distribute the net monetary proceeds to water users in the district who have participated in the water leases, according to district water allocation policies, after first deducting district costs. These costs include, but are not limited to, the cost of the water, whether or not water is delivered, the costs of conveyance, distribution and development facilities, lease administration, and other appropriate district costs apportioned to water users in the district who forego the use of district water to participate in the water lease. (c) Participation in a water lease administered by the district pursuant to this section is deemed to be a public service generally provided by the public body or board for purposes of paragraph (3) of subdivision (a) of Section 1091.5 of the Government Code. (Amended by Stats. 1992, Ch. 56, Sec. 1. Effective May 14, 1992.)
  57. 1024.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. )

    Verify source ↗

    This section says water leases under this chapter do not authorize selling or changing water rights, lets the state board require reports from lessors seeking chapter benefits, and provides that certain water-conservation reductions can count as reasonable beneficial use.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. ) ## 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 contract, or water right shall be acquired by a use permitted under this chapter. (c) (1) 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 and leases that conserved water under this chapter, any such cessation of, or reduction in, the use of the appropriated water that is leased is deemed equivalent to a reasonable beneficial use of water to the extent of that cessation of, or reduction in, use. No forfeiture of the appropriative right to the water conserved shall occur upon the lapse of the forfeiture period applicable to water appropriated pursuant to the Water Commission Act (Chapter 586 of the Statutes of 1913, as amended) or this code, or to water appropriated prior to December 19, 1914. (2) The state board may require any lessor of water who seeks the benefit of this chapter to file periodic reports describing the extent and amount of the reduction in water use due to water conservation efforts. To the maximum extent possible, the reports shall be made a part of other reports required by the state board relating to the use of water. Failure to file the reports shall deprive the user of water of the benefits of this chapter. (3) For purposes of this chapter, “water conservation” means the use of less water to accomplish the same purpose or purposes of use allowed under the existing appropriative right. Where water appropriated for irrigation purposes is not used by reason of land fallowing or crop rotation, the reduced usage shall be deemed water conservation for purposes of this section. (Added by Stats. 1991, Ch. 847, Sec. 3.)
  58. 1024.5.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. )

    Verify source ↗

    This chapter does not limit review of a lessee’s use of the leased water.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. ) ## 1024.5. This chapter does not limit any review of the lessee’s use of the leased water. (Added by Stats. 1991, Ch. 847, Sec. 3.)
  59. 1025.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. )

    Verify source ↗

    If a lessor or lessee is a water district, the water lessor must file a notice with the state board about the water lease agreement and include specified supporting information.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. ) ## 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 all of the following: (a) A copy of the lease agreement. (b) Any water permit or license number. (c) A description of the environmental conditions in the lease, permit, and license which protect fish and wildlife. (d) A statement of how the lease will assist water conservation efforts of the lessor. (e) An agreement undertaken by the lessor and the lessee which specifies how the environmental protection terms and conditions in the permit, license, or lease, and the applicable conditions established pursuant to Section 1029 for the permit, license, or other water right, will be complied with for the duration of the lease. (Added by Stats. 1991, Ch. 847, Sec. 3.)
  60. 1025.5.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. )

    Verify source ↗

    If both sides are private parties, the lessor must file a lease-approval application with the board and include specified materials and the fee. The board may approve the lease only after notice and a hearing, and only if the lease would not injure water users or unreasonably affect listed beneficial uses.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. ) ## 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 include in the application all of the following: (1) The information and materials described in subdivisions (a) to (e), inclusive, of Section 1025. (2) Other information that the state board determines is necessary to review the application. (3) The application fee set pursuant to Section 1525. (b) The board, after providing notice and opportunity for a hearing, may approve the lease if, in the judgment of the board, the lease would not operate to injure the legal users of water or unreasonably affect fish, wildlife, or other instream beneficial uses. (Amended by Stats. 2003, Ch. 741, Sec. 79. Effective January 1, 2004.)
  61. 1025.7.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. )

    Verify source ↗

    Water leases under this chapter are exempt from Chapter 10 and Chapter 10.5 of Part 2.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. ) ## 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. (Added by Stats. 1991, Ch. 847, Sec. 3.)
  62. 1026.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. )

    Verify source ↗

    The lead agency may not approve a water lease until 30 days after the board gives written public notice. The water lessor must pay a reasonable notice fee set by the state board.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. ) ## 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 registered mail to legal users of water which may be affected by the lease, as identified by the board, the Department of Fish and Wildlife, and any party requesting special notice of water leases pursuant to this chapter. The water lessor shall pay a reasonable fee, in an amount determined by the state board, for the cost of providing the notice. (Amended by Stats. 2015, Ch. 683, Sec. 42. (SB 798) Effective January 1, 2016.)
  63. 1027.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. )

    Verify source ↗

    Water lease agreements in specified Delta transfer situations must include required outflow or water amounts set by the relevant authorities.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. ) ## 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 consistent with the carriage water requirements determined by the department to be necessary for the transfer of the water subject to the lease to maintain the water quality which would exist in the delta without the transfer undertaken in connection with the water lease. (b) Any water lease agreement providing for the lease of water from a lessor north of the Sacramento/San Joaquin Delta to a lessee south of the Sacramento/San Joaquin Delta shall provide for an amount of water for delta salt water repulsion and environmental purposes as administratively prescribed by the state board in proportion to all similar requirements for delta exports. (Added by Stats. 1991, Ch. 847, Sec. 3.)
  64. 1028.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. )

    Verify source ↗

    In a Section 1029 proceeding, the court must decide issues about the lease and the water transfer’s effects on legal users of water and fish and wildlife.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. ) ## 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 on the legal users of water and on fish and wildlife, but any request or petition to permanently change the water right which may be subject to the lease shall be heard in a separate proceeding. (Added by Stats. 1991, Ch. 847, Sec. 3.)
  65. 1029.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. )

    Verify source ↗

    Public Resources Code Division 13 applies to water lease agreements authorized by this chapter, and the lead agency depends on who the lessor and lessee are.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. ) ## 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 division, the lessor is the lead agency, except that if the lessor is a private party and the lessee is a water district, the lessee is the lead agency. If both the lessor and the lessee are private parties, the state board is the lead agency. (Added by Stats. 1991, Ch. 847, Sec. 3.)
  66. 103.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    This section states that enacting the Water Code is not intended to change the law on water rights.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 103. In the enactment of this code the Legislature does not intend thereby to effect any change in the law relating to water rights. (Enacted by Stats. 1943, Ch. 368.)
  67. 1030.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. )

    Verify source ↗

    The state board must monitor a water lease during its term and may initiate proceedings, if appropriate, to enforce lease terms and related water-use authority.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. ) ## 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 enforce the terms and conditions of water leases, and permits and licenses or water use authority to ensure that the water lease does not operate to injure any legal user of the water or unreasonably affect fish, wildlife, or other instream beneficial uses. (Added by Stats. 1991, Ch. 847, Sec. 3.)
  68. 1031.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. )

    Verify source ↗

    A water lease under this chapter does not start until the first annual fee is paid, and it does not keep going in later years unless that year’s annual fee is paid.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1.5. Water Leases [1020 - 1031] ( Chapter 1.5 added by Stats. 1991, Ch. 847, Sec. 3. ) ## 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 continue in effect in any subsequent year unless the annual fee for that year is paid. (Added by Stats. 2003, Ch. 741, Sec. 80. Effective January 1, 2004.)
  69. 104.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The State has power to decide which state waters, including surface and underground water, may be converted to public use or controlled for public protection.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 104. It is hereby declared that the people of the State have a paramount interest in the use of all the water of the State and that the State shall determine what water of the State, surface and underground, can be converted to public use or controlled for public protection. (Enacted by Stats. 1943, Ch. 368.)
  70. 105.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The State must determine how California’s surface and underground water should be developed for the greatest public benefit.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 105. It is hereby declared that the protection of the public interest in the development of the water resources of the State is of vital concern to the people of the State and that the State shall determine in what way the water of the State, both surface and underground, should be developed for the greatest public benefit. (Enacted by Stats. 1943, Ch. 368.)
  71. 1050.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    This section says the division serves the public welfare and that the board and department are treated as performing a governmental function when carrying out the division.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 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 the welfare and benefit of the people of the state, for the improvement of their prosperity and their living conditions, and the board and the department shall be regarded as performing a governmental function in carrying out the provisions of this division. (Amended by Stats. 1979, Ch. 373.)
  72. 10500.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2. APPROPRIATION OF WATER BY DEPARTMENT OF WATER RESOURCES [10500 - 10506] ( Heading of Part 2 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    The department must file applications for water it judges necessary for state water development, utilization, or conservation plans.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2. APPROPRIATION OF WATER BY DEPARTMENT OF WATER RESOURCES [10500 - 10506] ( Heading of Part 2 amended by Stats. 1957, Ch. 1932. ) ## 10500. The department shall make and file applications for any water which in its judgment is or may be required in the development and completion of the whole or any part of a general or coordinated plan looking toward the development, utilization, or conservation of the water resources of the state. Any application filed pursuant to this part shall be made and filed pursuant to Part 2 (commencing with Section 1200) of Division 2 of this code and the rules and regulations of the State Water Resources Control Board relating to the appropriation of water insofar as applicable thereto. Applications filed pursuant to this part shall have priority, as of the date of filing, over any application made and filed subsequent thereto. The statutory requirements of Part 2 (commencing at Section 1200) of Division 2 relating to diligence shall not apply to applications filed under this part, except as otherwise provided in Section 10504. (Amended by Stats. 1983, Ch. 481, Sec. 2.)
  73. 10504.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2. APPROPRIATION OF WATER BY DEPARTMENT OF WATER RESOURCES [10500 - 10506] ( Heading of Part 2 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    Applications filed under Section 10500 must be transferred to the State Water Resources Control Board, which then holds them for this part. The board may release priority or assign part of an application if the development is consistent with the applicable plan and water quality objectives. Assignees must meet the diligence requirements in Division 2, Part 2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2. APPROPRIATION OF WATER BY DEPARTMENT OF WATER RESOURCES [10500 - 10506] ( Heading of Part 2 amended by Stats. 1957, Ch. 1932. ) ## 10504. All applications made and filed pursuant to Section 10500 shall be transferred to the State Water Resoures Control Board and held by the board for the purposes of this part. The board may release from priority or assign any portion of any application filed under this part when the release or assignment is for the purpose of development not in conflict with such general or coordinated plan or with water quality objectives established pursuant to law. The assignee of any such application whether heretofore or hereafter assigned, is subject to all the requirements of diligence as provided in Part 2 (commencing with Section 1200) of Division 2 of this code. “Assignee” as used herein includes, but is not limited to, state agencies, commissions and departments, and the United States of America or any of its departments or agencies. (Amended by Stats. 1967, Ch. 284.)
  74. 10504.01.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2. APPROPRIATION OF WATER BY DEPARTMENT OF WATER RESOURCES [10500 - 10506] ( Heading of Part 2 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    A petitioner seeking assignment of part or all of an unfinished water application must include a proposed completed application, and the board must promptly give notice and follow specified procedures.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2. APPROPRIATION OF WATER BY DEPARTMENT OF WATER RESOURCES [10500 - 10506] ( Heading of Part 2 amended by Stats. 1957, Ch. 1932. ) ## 10504.01. Each petition for assignment of all or a portion of an application filed pursuant to this part, which application has not been completed in accordance with law and the regulations of the board, shall include as a part thereof a proposed completed application consistent with the requested assignment, and describing petitioner’s proposed project. As soon as practicable after the receipt of such petition the board shall issue and deliver a notice of the petition and proposed completed application in accordance with Article 1 (commencing with Section 1300), Chapter 3, Part 2, Division 2 of this code and shall also deliver a copy of the notice to the department and to the board of supervisors of each county in which the water originates and in which the water is to be used. Further procedure with respect to each such petition shall be in accordance with Chapters 3 (commencing with Section 1300), 4 (commencing with Section 1330) and 5 (commencing with Section 1340), Part 2, Division 2 of this code relating to notice, protests, hearing, and action on applications for permits to appropriate water. The hearing shall be for the purpose of determining whether the application should be assigned pursuant to Sections 10504 and 10505 and whether the proposed completed application submitted by the petitioner should be approved in whole or in part. When the board’s determination is favorable to the petitioner, it shall assign all or a portion of the application to the petitioner, accept and approve the assigned portion, and issue a permit as in other cases provided by law. Any portion of the application which is not assigned shall remain with the board subject to further disposition by it pursuant to the provisions of this part. Two or more petitions for assignment of the same or related applications may be consolidated for purposes of hearing and determination with each other and with other applications, in the discretion of the board. (Added by Stats. 1965, Ch. 989.)
  75. 10504.02.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2. APPROPRIATION OF WATER BY DEPARTMENT OF WATER RESOURCES [10500 - 10506] ( Heading of Part 2 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    Petitions for assignment of certain completed applications must follow Section 10504.01 to the extent that section applies.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2. APPROPRIATION OF WATER BY DEPARTMENT OF WATER RESOURCES [10500 - 10506] ( Heading of Part 2 amended by Stats. 1957, Ch. 1932. ) ## 10504.02. Procedure with respect to petitions for assignment of all or a portion of applications filed pursuant to this part, which applications have been completed in accordance with law and the regulations of the board, shall be in accordance with the provisions of Section 10504.01 insofar as they are applicable. (Added by Stats. 1965, Ch. 989.)
  76. 10504.1.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2. APPROPRIATION OF WATER BY DEPARTMENT OF WATER RESOURCES [10500 - 10506] ( Heading of Part 2 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    Before an application under Section 10500 is assigned or released from priority, the State Water Resources Control Board must hold a public hearing and mail written notice at least 45 days in advance.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2. APPROPRIATION OF WATER BY DEPARTMENT OF WATER RESOURCES [10500 - 10506] ( Heading of Part 2 amended by Stats. 1957, Ch. 1932. ) ## 10504.1. Before any application made and filed pursuant to Section 10500 is assigned or released from priority, the State Water Resources Control Board shall hold a public hearing. Written notice of the time and place of the hearing shall be mailed, at least 45 days prior to the date set for the hearing, to the board of supervisors of each county in the area in which the water originates and in the area or areas in which the water is to be used. Any interested persons may appear at the hearing and present their views and objections as to the proposed action. (Amended by Stats. 1967, Ch. 284.)
  77. 10504.5.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2. APPROPRIATION OF WATER BY DEPARTMENT OF WATER RESOURCES [10500 - 10506] ( Heading of Part 2 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    Certain recipients or holders must submit substantial project changes or proposed amendments to the State Water Resources Control Board for approval before proceeding.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2. APPROPRIATION OF WATER BY DEPARTMENT OF WATER RESOURCES [10500 - 10506] ( Heading of Part 2 amended by Stats. 1957, Ch. 1932. ) ## 10504.5. In order to insure that projects will be constructed in accordance with a general or coordinated plan for the development of water: (a) The recipient of a release from priority or assignment under this part shall, before making any changes determined by the State Water Resources Control Board to be substantial in the project in furtherance of which the release or assignment was made, submit such changes to the State Water Resources Control Board for its approval. The board shall approve any such change only if it determines that such change will not conflict with the general or coordinated plan or with water quality objectives established pursuant to law. All permits and licenses issued pursuant to applications so released or assigned shall contain terms conditioning such permits and licenses upon compliance with this subdivision. (b) The holder of applications that have been assigned, or in favor of which a release from priority has been made, shall submit any proposed amendments to such applications to the State Water Resources Control Board. The board shall approve such amendments only if it determines that the amendments will not conflict with the general or coordinated plan or with water quality objectives established pursuant to law. The board shall notify the holder of the application of its approval or disapproval. (Amended by Stats. 1967, Ch. 284.)
  78. 10505.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2. APPROPRIATION OF WATER BY DEPARTMENT OF WATER RESOURCES [10500 - 10506] ( Heading of Part 2 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    An application’s priority may not be released or assigned if the board judges that doing so would deprive the originating county of water needed for development.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2. APPROPRIATION OF WATER BY DEPARTMENT OF WATER RESOURCES [10500 - 10506] ( Heading of Part 2 amended by Stats. 1957, Ch. 1932. ) ## 10505. No priority under this part shall be released nor assignment made of any application that will, in the judgment of the board, deprive the county in which the water covered by the application originates of any such water necessary for the development of the county. (Amended by Stats. 1965, Ch. 989.)
  79. 10505.5.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2. APPROPRIATION OF WATER BY DEPARTMENT OF WATER RESOURCES [10500 - 10506] ( Heading of Part 2 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    Applications, permits, and licenses under Section 10500 must not authorize water use outside the county of origin when that water is necessary for county development.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2. APPROPRIATION OF WATER BY DEPARTMENT OF WATER RESOURCES [10500 - 10506] ( Heading of Part 2 amended by Stats. 1957, Ch. 1932. ) ## 10505.5. Every application heretofore or hereafter made and filed pursuant to Section 10500, and held by the State Water Resources Control Board, shall be amended to provide, and any permit hereafter issued pursuant to such an application, and any license issued pursuant to such a permit, shall provide, that the application, permit, or license shall not authorize the use of any water outside of the county of origin which is necessary for the development of the county. (Added by Stats. 1969, Ch. 1359.)
  80. 10506.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2. APPROPRIATION OF WATER BY DEPARTMENT OF WATER RESOURCES [10500 - 10506] ( Heading of Part 2 amended by Stats. 1957, Ch. 1932. )

    Verify source ↗

    State departments and state officers must provide requested assistance or services to the department.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2. APPROPRIATION OF WATER BY DEPARTMENT OF WATER RESOURCES [10500 - 10506] ( Heading of Part 2 amended by Stats. 1957, Ch. 1932. ) ## 10506. Every state department or state officer, upon request of the department, shall furnish any service or assistance in the investigation of the need or feasibility of all or any part of such general or coordinated plan and the cost of construction, operation, and maintenance thereof, of the financing of construction and rates or returns that may be required to operate and maintain all or any part of the plan, of the amortization of bonded or other indebtedness that may be placed on all or any part of the plan for the cost of construction thereof, and shall render any other service which the department deems necessary for the maintenance of any priority in the State for the purposes of all or any part or unit of the plan and the future development and completion of it in the public interest. (Amended by Stats. 1957, Ch. 1932.)
  81. 1051.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board may investigate water bodies and water-right questions, and may issue information orders to water right holders, claimants, diverters, or users to obtain specified information.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 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. (2) Take testimony in regard to the rights to water or the use of water thereon or therein. (3) Investigate and ascertain whether or not water heretofore filed upon or any claimed riparian or appropriative right is valid under the laws of this state. (b) (1) In furtherance of an investigation authorized pursuant to this section, the board may issue an information order, as executed by the executive director of the board. (2) The information order may be issued to a water right holder or claimant to provide the following information related to a diversion and use of water: (A) Information required to be reported pursuant to Part 5.1 (commencing with Section 5100). (B) Information concerning the basis of the water right claimed. (C) Information related to the patent date claimed for the place of use, if the claimed right is a riparian right. (D) Information concerning the notice date of the appropriation and the date of actual delivery of water to beneficial use. (E) Information concerning prior diversions and use, including direct diversions and diversions to storage. (3) (A) The information order may be issued to a diverter or user of water to provide information concerning that diverter’s prior diversion or use, including direct diversions and diversions to storage, or identification of the person or holder claiming the right under which the water was diverted or used. (B) Information obtained under this paragraph from a diverter or user who is not the water right holder or claimant shall not be binding on, or treated as an admission by, the water right holder or claimant. (c) The burden of any order issued under subdivision (b), including costs, shall bear a reasonable relationship to the need for the requested information and the benefits to be obtained from the board receiving that information. In making a request, the board shall do both of the following: (1) Provide the person to whom the request is directed with a written explanation with regard to the need for the information. (2) Identify the evidence that supports requiring that person to provide the information. (d) A diversion or use of water ascertained to be unauthorized may be enforced as a trespass under Section 1052, following notice and opportunity for hearing as required under Section 1052, Section 1055, or Article 2 (commencing with Section 1831) of Chapter 12 of Part 2. (e) Nothing in this section shall limit any authority held by the board under this code or any other provision of law. (Amended by Stats. 2023, Ch. 486, Sec. 1. (SB 389) Effective January 1, 2024.)
  82. 1051.1.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board may inspect property or facilities in certain investigations, may get an inspection warrant if consent is denied, and may inspect without consent or a warrant in a public health or safety emergency.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 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, the board may inspect the property or facilities of any person or entity to ascertain whether the purposes of Section 100 and this division are being met or to ascertain compliance with any permit, license, certification, registration, decision, order, or regulation issued under Section 275, this division, or Article 7 (commencing with Section 13550) of Chapter 7 of Division 7. (b) If consent to inspect is denied or otherwise withheld, the board is authorized to obtain an inspection warrant pursuant to the procedure set forth in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure for purposes of an inspection under this subdivision. However, in the event of an emergency affecting the public health or safety pertaining to the particular site under which the inspection is being sought, an inspection may be performed without consent or the issuance of a warrant. (c) The board may participate in an inspection of an unlicensed cannabis cultivation site conducted pursuant to a warrant duly issued pursuant to the Penal Code when requested by the party seeking that warrant for unlicensed cannabis cultivation and its associated activities that may involve a violation of this code, including, but not limited to, diversion or use of water in violation of this division or of any principles and guidelines established by the board pursuant to Section 13149. (Added by Stats. 2023, Ch. 158, Sec. 1. (SB 756) Effective January 1, 2024.)
  83. 1051.5.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board may supervise trial distribution of water, following any applicable agreements and court orders.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 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 supervise trial distribution of water in accordance with agreements and court orders therefor. (Amended by Stats. 1967, Ch. 284.)
  84. 1052.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )

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    Unauthorized diversion or use of water covered by this division is trespass and can trigger civil liability, injunctions, and cost recovery.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 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 injunctive relief as may be warranted by way of temporary restraining order, preliminary injunction, or permanent injunction, may be brought by the Attorney General on behalf of the board, or in the Attorney General’s independent capacity in the name of the people of the State of California, where the diversion or use of water is threatened, is occurring, or has occurred. (2) (A) A civil action for a violation under this section resulting from unlicensed cannabis cultivation may also be brought by a city attorney or county counsel, upon approval of the board, in the name of the people of the State of California. (B) A city attorney or county counsel shall inform and coordinate with the board as to the investigation of potential violations of this section related to unlicensed cannabis cultivation. Unless the board withholds its approval within 21 days after the local jurisdiction provides notice of its intent to file, the local jurisdiction may deem the board’s silence as approval. (c) A person or entity committing a trespass as defined in this section may be liable in an amount not to exceed the following: (1) If the unauthorized diversion or use occurs in a critically dry year immediately preceded by two or more consecutive below normal, dry, or critically dry years, or during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions, the sum of the following: (A) One thousand dollars ($1,000) for each day in which the trespass occurs. (B) Two thousand five hundred dollars ($2,500) for each acre-foot of water diverted or used in excess of that diverter’s water rights. (2) If the unauthorized diversion or use is not described by paragraph (1), five hundred dollars ($500) for each day in which the unauthorized diversion or use occurs. (3) Notwithstanding paragraphs (1) and (2), up to three thousand five hundred dollars ($3,500) for each day in which the unauthorized diversion or use for unlicensed cannabis cultivation occurs. (d) Civil liability for a violation of this section may be imposed by the superior court or the board as follows: (1) The superior court may impose civil liability in an action brought by the Attorney General, upon request of the board, to impose, assess, and recover any sums pursuant to subdivision (c). In determining the appropriate amount, the court shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, and the corrective action, if any, taken by the violator. (2) The superior court may impose civil liability in an action for a violation under this section resulting from unlicensed cannabis cultivation brought by a city attorney or county counsel to impose, assess, and recover any sums pursuant to subdivision (c). In determining the appropriate amount, the court shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, whether the violation was intentional or committed knowingly, the nature and persistence of the violation, the length of time over which the violation has occurred, and the corrective action, if any, taken by the violator. The court shall make its findings on the record. (3) The board may impose civil liability in accordance with Section 1055. (e) (1) Upon appropriation by the Legislature, funds recovered in an action pursuant to this section shall be used to proportionally reimburse the Attorney General, city attorney, county counsel, and the board for costs of bringing the action, including reasonable attorney’s fees, and of investigating the violation and supporting the prosecution of the action. (2) Except for reimbursements to the Attorney General, city attorney, or county counsel, as specified in paragraph (1), all funds recovered pursuant to this section shall be deposited in the Water Rights Fund established pursuant to Section 1550. (f) The remedies prescribed in this section are cumulative and not alternative. (Amended by Stats. 2022, Ch. 56, Sec. 37. (AB 195) Effective June 30, 2022.)
  85. 10520.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.1. AGRICULTURAL WATER CONSERVATION AND MANAGEMENT ACT OF 1992 [10520 - 10523] ( Part 2.1 added by Stats. 1991, Ch. 184, Sec. 1. )

    Verify source ↗

    This section says Part 2.1 is known as, and may be cited as, the Agricultural Water Conservation and Management Act of 1992.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.1. AGRICULTURAL WATER CONSERVATION AND MANAGEMENT ACT OF 1992 [10520 - 10523] ( Part 2.1 added by Stats. 1991, Ch. 184, Sec. 1. ) ## 10520. This part shall be known and may be cited as the Agricultural Water Conservation and Management Act of 1992. (Added by Stats. 1991, Ch. 184, Sec. 1.)
  86. 10521.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.1. AGRICULTURAL WATER CONSERVATION AND MANAGEMENT ACT OF 1992 [10520 - 10523] ( Part 2.1 added by Stats. 1991, Ch. 184, Sec. 1. )

    Verify source ↗

    This section defines “water conservation,” “efficient water management,” and “water supplier” for this part.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.1. AGRICULTURAL WATER CONSERVATION AND MANAGEMENT ACT OF 1992 [10520 - 10523] ( Part 2.1 added by Stats. 1991, Ch. 184, Sec. 1. ) ## 10521. Unless the context otherwise requires, the following definitions govern the construction of this part: (a) “Water conservation” means the reduction of the amount of water consumed or irretrievably lost in the process of satisfying beneficial uses which can be achieved either by improving the technology or the method for diverting, transporting, applying, reusing, salvaging, or recovering water, or by implementing other conservation methods. (b) “Efficient water management” means reasonable and economically justifiable programs to improve the delivery and use of water for agricultural purposes that will result in water conservation. (c) “Water supplier” means the department or other public agency that supplies water for agricultural use. (Added by Stats. 1991, Ch. 184, Sec. 1.)
  87. 10522.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.1. AGRICULTURAL WATER CONSERVATION AND MANAGEMENT ACT OF 1992 [10520 - 10523] ( Part 2.1 added by Stats. 1991, Ch. 184, Sec. 1. )

    Verify source ↗

    A water supplier may start a water conservation or efficient water management program.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.1. AGRICULTURAL WATER CONSERVATION AND MANAGEMENT ACT OF 1992 [10520 - 10523] ( Part 2.1 added by Stats. 1991, Ch. 184, Sec. 1. ) ## 10522. A water supplier, individually or in cooperation with other public agencies or persons, may institute a water conservation or efficient water management program, including, but not limited to, all of the following components: (a) Providing irrigation and other water use management services to persons served by the water supplier, including, but not limited to, all of the following services: (1) Providing information on historic and current crop water use data for crops grown in the area served by the water supplier, including evapotranspiration and leaching requirements of those crops. (2) Providing irrigation consulting services to monitor on-farm water use practices and to provide information to improve on-farm water management. (3) Monitoring salinity to obtain favorable salt balances. (4) Recommending more efficient techniques for preplanting irrigation of the crop root zone. (5) Providing evaluations of the operation and efficiency of individual on-farm irrigation systems and animal sanitation systems and similar uses, and making recommendations for improvement of those systems. (6) Providing irrigation management improvement services during the growing season. (b) Making physical and structural improvements to the water supplier’s delivery system, and aiding in the improvement of on-farm systems, including, but not limited to, all of the following improvements: (1) Using flow measuring devices in the delivery system and providing to farmers, or assisting farmers in the use of, on-farm flow measurement devices. (2) Lining ditches and canals or providing pipelines in the supplier’s delivery system and helping farmers to take these actions, except where seepage is desirable for groundwater recharge or environmental purposes. (3) Evaluating the storage, conveyance, and drainage systems of the water supplier and the farmers served by the water supplier and the application systems of the farmers served by the water supplier to maximize efficient water management. (4) Assisting farmers technically and financially with installation and operation of on-farm conservation equipment if the installation and operation is economically feasible for the water supplier. (c) Making institutional and operational adjustments, including, but not limited to, all of the following adjustments: (1) Allowing changes or flexibility in the water contract year to more closely fit water-use characteristics of the crops being grown. (2) Establishing a pricing structure for water delivered to encourage conservation. (3) Maximizing flexibility, to the extent economically and otherwise feasible, in water delivery to farmers to enable them to optimize their irrigation efficiency. (4) Developing education programs for farmers relating to on-farm conservation. (5) Promoting or developing conjunctive use programs for use of groundwater and surface water. (6) Encouraging voluntary exchanges of water between water suppliers which have surplus water and suppliers which have a water shortage. (Added by Stats. 1991, Ch. 184, Sec. 1.)
  88. 10523.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.1. AGRICULTURAL WATER CONSERVATION AND MANAGEMENT ACT OF 1992 [10520 - 10523] ( Part 2.1 added by Stats. 1991, Ch. 184, Sec. 1. )

    Verify source ↗

    A water supplier may consider the effects of a water conservation or efficient water management program on listed environmental, agricultural, energy, and cost-related factors.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.1. AGRICULTURAL WATER CONSERVATION AND MANAGEMENT ACT OF 1992 [10520 - 10523] ( Part 2.1 added by Stats. 1991, Ch. 184, Sec. 1. ) ## 10523. In formulating a water conservation or efficient water management program, a water supplier may take into account the positive or negative effect of the program, or any of its parts, on other factors, including, but not limited to, all of the following: (a) The productivity of agricultural land served by the water supplier or other lands. (b) The quality of groundwater or surface water. (c) Fish and wildlife or other environmental values. (d) Recreational uses. (e) Surface and subsurface drainage discharge. (f) The salt balance. (g) Groundwater overdrafting. (h) Peak and total energy use. (i) The cost of water and the economics of farming. (j) Water supply to other users. (Added by Stats. 1991, Ch. 184, Sec. 1.)
  89. 1053.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board and the department must keep a full and accurate record of their business, acts, or testimony and file it in the office of the board or department.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 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 shall be kept and be placed on file in the office of the board or the department, as the case may be. (Amended by Stats. 1957, Ch. 1932.)
  90. 10530.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 1. Short Title [10530- 10530.] ( Chapter 1 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. )

    Verify source ↗

    This part is called the Integrated Regional Water Management Planning Act, and it may be cited by that name.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 1. Short Title [10530- 10530.] ( Chapter 1 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## 10530. This part shall be known and may be cited as the Integrated Regional Water Management Planning Act. (Repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. Effective March 1, 2009.)
  91. 10531.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 2. Legislative Findings and Declarations [10531 - 10531.5] ( Chapter 2 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. )

    Verify source ↗

    The Legislature states policy findings about managing water resources in California and encouraging local agencies to cooperate on water management.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 2. Legislative Findings and Declarations [10531 - 10531.5] ( Chapter 2 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## 10531. The Legislature finds and declares all of the following: (a) Water is a valuable natural resource in California, and should be managed to ensure the availability of sufficient supplies to meet the state’s agricultural, domestic, industrial, and environmental needs. It is the intent of the Legislature to encourage local agencies to work cooperatively to manage their available local and imported water supplies to improve the quality, quantity, and reliability of those supplies. (b) Local agencies can realize efficiencies by coordinating and integrating their assets and seeking mutual solutions to water management issues. (c) The reliability of water supplies can be significantly improved by diversifying water portfolios, taking advantage of local and regional opportunities, and considering a broad variety of water management strategies as described in the California Water Plan. (d) The implementation of this part will facilitate the development of integrated regional water management plans, thereby assisting each region of the state to improve water supply reliability, water quality, and environmental stewardship to meet current and future needs. (e) Water management is integrally linked to public health and the health of all natural resources within our watersheds. It is the intent of the Legislature that water management strategies and projects are carried out in a way that promotes these important public values. (Repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. Effective March 1, 2009.)
  92. 10531.5.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 2. Legislative Findings and Declarations [10531 - 10531.5] ( Chapter 2 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. )

    Verify source ↗

    The Legislature states an intent to encourage collaboration among certain mutual water companies in Maywood to create a public agency for consolidating drinking water services.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 2. Legislative Findings and Declarations [10531 - 10531.5] ( Chapter 2 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## 10531.5. It is the intent of the Legislature to encourage collaboration among mutual water companies that operate public water systems in the City of Maywood to create a public agency that can consolidate drinking water services for the people and businesses of that city. (Added by Stats. 2013, Ch. 633, Sec. 6. (AB 240) Effective January 1, 2014.)
  93. 10532.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 3. Definitions [10532 - 10539] ( Chapter 3 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. )

    Verify source ↗

    The chapter’s definitions control how this part is read, unless the context requires otherwise.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 3. Definitions [10532 - 10539] ( Chapter 3 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## 10532. Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this part. (Repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. Effective March 1, 2009.)
  94. 10533.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 3. Definitions [10532 - 10539] ( Chapter 3 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. )

    Verify source ↗

    “Basin plan” means a water quality control plan developed under Section 13240.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 3. Definitions [10532 - 10539] ( Chapter 3 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## 10533. “Basin plan” means a water quality control plan developed pursuant to Section 13240. (Repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. Effective March 1, 2009.)
  95. 10534.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 3. Definitions [10532 - 10539] ( Chapter 3 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. )

    Verify source ↗

    This section defines an integrated regional water management plan and says its development, content, and adoption must meet requirements adopted under this part.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 3. Definitions [10532 - 10539] ( Chapter 3 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## 10534. “Integrated regional water management plan” means a comprehensive plan for a defined geographic area, the specific development, content, and adoption of which shall satisfy requirements developed pursuant to this part. At a minimum, an integrated regional water management plan describes the major water-related objectives and conflicts within a region, considers a broad variety of water management strategies, identifies the appropriate mix of water demand and supply management alternatives, water quality protections, and environmental stewardship actions to provide long-term, reliable, and high-quality water supply and protect the environment, and identifies disadvantaged communities in the region and takes the water-related needs of those communities into consideration. (Repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. Effective March 1, 2009.)
  96. 10535.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 3. Definitions [10532 - 10539] ( Chapter 3 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. )

    Verify source ↗

    This section defines “local agency” to include several local government entities and certain public utilities and mutual water companies.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 3. Definitions [10532 - 10539] ( Chapter 3 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## 10535. “Local agency” means any city, county, city and county, special district, joint powers authority, or other political subdivision of the state, a public utility as defined in Section 216 of the Public Utilities Code, or a mutual water company as defined in Section 2725 of the Public Utilities Code. (Repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. Effective March 1, 2009.)
  97. 10536.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 3. Definitions [10532 - 10539] ( Chapter 3 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. )

    Verify source ↗

    This section defines “Plan” as an integrated regional water management plan.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 3. Definitions [10532 - 10539] ( Chapter 3 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## 10536. “Plan” means an integrated regional water management plan. (Repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. Effective March 1, 2009.)
  98. 10537.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 3. Definitions [10532 - 10539] ( Chapter 3 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. )

    Verify source ↗

    This section defines “regional projects or programs” as projects or programs in an integrated regional water management plan that achieve listed water-related purposes.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 3. Definitions [10532 - 10539] ( Chapter 3 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## 10537. “Regional projects or programs” means projects or programs identified in an integrated regional water management plan that accomplish any of the following: (a) Reduce water demand through agricultural and urban water use efficiency. (b) Increase water supplies for any beneficial use through the use of any of the following, or other, means: (1) Groundwater storage and conjunctive water management. (2) Desalination. (3) Precipitation enhancement. (4) Water recycling. (5) Regional and local surface storage. (6) Water-use efficiency. (7) Stormwater management. (c) Improve operational efficiency and water supply reliability, including conveyance facilities, system reoperation, and water transfers. (d) Improve water quality, including drinking water treatment and distribution, groundwater and aquifer remediation, matching water quality to water use, wastewater treatment, water pollution prevention, and management of urban and agricultural runoff. (e) Improve resource stewardship, including agricultural lands stewardship, ecosystem restoration, flood plain management, recharge area protection, urban land use management, groundwater management, water-dependent recreation, fishery restoration, including fish passage improvement, and watershed management. (f) Improve flood management through structural and nonstructural means, or by any other means. (Repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. Effective March 1, 2009.)
  99. 10538.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 3. Definitions [10532 - 10539] ( Chapter 3 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. )

    Verify source ↗

    “Regional reports or studies” means certain reports or studies tied to Section 10537 and identified in an integrated regional water management plan.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 3. Definitions [10532 - 10539] ( Chapter 3 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## 10538. “Regional reports or studies” means reports or studies relating to any of the matters described in subdivisions (a) to (f), inclusive, of Section 10537, that are identified in an integrated regional water management plan. (Added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. Effective March 1, 2009.)
  100. 10539.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 3. Definitions [10532 - 10539] ( Chapter 3 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. )

    Verify source ↗

    This section defines “regional water management group” as a group meeting specified participation and agreement requirements.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 3. Definitions [10532 - 10539] ( Chapter 3 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## 10539. “Regional water management group” means a group in which three or more local agencies, at least two of which have statutory authority over water supply or water management, as well as those other persons who may be necessary for the development and implementation of a plan that meets the requirements in Sections 10540 and 10541, participate by means of a joint powers agreement, memorandum of understanding, or other written agreement, as appropriate, that is approved by the governing bodies of those local agencies. (Added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. Effective March 1, 2009.)
  101. 1054.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board and the department may certify their official acts, copies of official documents, and orders filed in their offices, and may adopt seals for that purpose.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 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 offices. For the purpose of making such certifications, the board and the department may adopt seals. (Amended by Stats. 1957, Ch. 947.)
  102. 10540.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 4. Integrated Regional Water Management Plans [10540 - 10543] ( Chapter 4 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. )

    Verify source ↗

    A regional water management group may prepare and adopt an integrated regional water management plan, and plans must address specified water-management topics.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 4. Integrated Regional Water Management Plans [10540 - 10543] ( Chapter 4 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## 10540. (a) A regional water management group may prepare and adopt an integrated regional water management plan in accordance with this part. (b) A regional water management group may coordinate its planning activities to address or incorporate all or part of any of the following actions of its members into its plan: (1) Groundwater management planning pursuant to Part 2.75 (commencing with Section 10750), groundwater sustainability planning pursuant to Part 2.74 (commencing with Section 10720), or other specific groundwater management authority. (2) Urban water management planning pursuant to Part 2.6 (commencing with Section 10610). (3) The preparation of a water supply assessment required pursuant to Part 2.10 (commencing with Section 10910). (4) Agricultural water management planning pursuant to Part 2.8 (commencing with Section 10800). (5) City and county general planning pursuant to Section 65350 of the Government Code. (6) Stormwater resource planning that is undertaken pursuant to Part 2.3 (commencing with Section 10560). (7) Other water resource management planning, including flood protection, watershed management planning, and multipurpose program planning. (c) At a minimum, all plans shall address all of the following: (1) Protection and improvement of water supply reliability, including identification of feasible agricultural and urban water use efficiency strategies. (2) Identification and consideration of the drinking water quality of communities within the area of the plan. (3) Protection and improvement of water quality within the area of the plan, consistent with the relevant basin plan. (4) Identification of any significant threats to groundwater resources from overdrafting. (5) Protection, restoration, and improvement of stewardship of aquatic, riparian, and watershed resources within the region. (6) Protection of groundwater resources from contamination. (7) Identification and consideration of the water-related needs of disadvantaged communities and owners and occupants of affordable housing, including the removal and replacement of nonfunctional turf, as defined in Section 10608.12, in the area within the boundaries of the plan. (d) This section does not obligate a local agency to fund the implementation of any project or program. (Amended by Stats. 2023, Ch. 849, Sec. 2. (AB 1572) Effective January 1, 2024.)
  103. 10541.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 4. Integrated Regional Water Management Plans [10540 - 10543] ( Chapter 4 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. )

    Verify source ↗

    The department must create and publish water-management plan guidelines, hold public meetings, consult other agencies, and ensure the guidelines require specific planning and public-participation features.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 4. Integrated Regional Water Management Plans [10540 - 10543] ( Chapter 4 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## 10541. (a) The department shall develop project solicitation and evaluation guidelines for the application of funds made available pursuant to Section 75026 of the Public Resources Code and all other funds that are or may become available for integrated regional water management plan implementation, including a future water bond, to enable broad and diverse participation in integrated regional water management plan development and refinement. (b) The department shall conduct two public meetings to consider public comments prior to finalizing the guidelines. The department shall publish the draft solicitation and evaluation guidelines on its Internet Web site at least 30 days before the public meetings. One meeting shall be conducted at a location in northern California and one meeting shall be conducted at a location in southern California. Upon adoption, the department shall transmit copies of the guidelines to the fiscal committees and the appropriate policy committees of the Legislature. To the extent feasible, each state agency shall provide outreach to disadvantaged communities to promote access to and participation in those meetings. (c) The department shall consult with the board, the California regional water quality control boards, the State Department of Public Health, the Department of Fish and Wildlife, the California Bay-Delta Authority or its successor, and other state agencies with water management responsibility and authority in the development of the guidelines. (d) The department may periodically review and update the guidelines to accommodate changes in funding sources, statutory requirements, new commonly accepted management practices, and changes in state water management policy. Any guideline changes shall be made with appropriate consultation with other state agencies and public review pursuant to subdivisions (b) and (c). (e) The guidelines shall require that integrated regional water management plans include all of the following: (1) Consideration of all of the resource management strategies identified in the California Water Plan, as updated by department Bulletin No. 160-2005 and future updates. (2) Consideration of objectives in the appropriate basin plan or plans and strategies to meet applicable water quality standards. (3) Description of the major water-related objectives and conflicts within a region. (4) To the extent possible, measurable regional objectives and criteria for developing regional project priorities. (5) An integrated, collaborative, multibenefit approach to selection and design of projects and programs. (6) Identification and consideration of the water-related needs of disadvantaged communities in the area within the boundaries of the plan. (7) Performance measures and monitoring to demonstrate progress toward meeting regional objectives. (8) A plan for implementation and financing of identified projects and programs. (9) Consideration of greenhouse gas emissions of identified programs and projects. (10) Evaluation of the adaptability to climate change of water management systems in the region. (11) Documentation of data and technical analyses used in the development of the plan. (12) A process to disseminate data and information related to the development and implementation of the plan. (13) A process to coordinate water management projects and activities of participating local agencies and local stakeholders to avoid conflicts and take advantage of efficiencies. (14) If an area within the boundaries of the plan has nitrate, arsenic, perchlorate, or hexavalent chromium contamination, the plan shall include a description of each of the following: (A) The location and extent of that contamination in the region. (B) The impacts caused by the contamination to communities within the region. (C) Existing efforts being undertaken in the region to address the impacts. (D) Any additional efforts needed to address the impacts. (15) Any other matters identified by the department. (f) The guidelines shall include standards for identifying a region for the purpose of developing or modifying an integrated regional water management plan. At a minimum, a region shall be a contiguous geographic area encompassing the service areas of multiple local agencies, and shall be defined to maximize opportunities for integration of water management activities. The department shall develop a process to approve the composition of a region for the purposes of Sections 75026, 75027, and 75028 of the Public Resources Code. (g) The guidelines shall require that the development and implementation of an integrated regional water management plan include a public process that provides outreach and an opportunity to participate in plan development and implementation to appropriate local agencies and stakeholders, as applicable to the region, including all of the following: (1) Wholesale and retail water purveyors, including a local agency, mutual water company, or a water corporation as defined in Section 241 of the Public Utilities Code. (2) Wastewater agencies. (3) Flood control agencies. (4) Municipal and county governments and special districts. (5) Electrical corporations, as defined in Section 218 of the Public Utilities Code. (6) Native American tribes that have lands within the region. (7) Self-supplied water users, including agricultural, industrial, residential, park districts, school districts, colleges and universities, and others. (8) Environmental stewardship organizations, including watershed groups, fishing groups, land conservancies, and environmental groups. (9) Community organizations, including landowner organizations, taxpayer groups, and recreational interests. (10) Industry organizations representing agriculture, developers, and other industries appropriate to the region. (11) State, federal, and regional agencies or universities, with specific responsibilities or knowledge within the region. (12) Disadvantaged community members and representatives, including environmental justice organizations, neighborhood councils, and social justice organizations. (13) Any other interested groups appropriate to the region. (h) The guidelines shall require integrated regional water management plans to be developed through a collaborative process that makes public both of the following: (1) The process by which decisions are made in consultation with the persons or entities identified in subdivision (g). (2) The manner in which a balance of interested persons or entities representing different sectors and interests listed in subdivision (g) have been or will be engaged in the process described in this subdivision, regardless of their ability to contribute financially to the plan. (i) The guidelines shall provide for a process for the development, periodic review, updating, and amending of integrated regional water management plans. The department shall establish eligibility requirements for the project funding, that provide sufficient time for the updating of plans as necessary to reflect changes in the guidelines. (Amended by Stats. 2014, Ch. 717, Sec. 1. (AB 1249) Effective January 1, 2015.)
  104. 10543.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 4. Integrated Regional Water Management Plans [10540 - 10543] ( Chapter 4 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. )

    Verify source ↗

    A regional water management group must give public notice before preparing or adopting an integrated regional water management plan, make participation documentation available to the public, and adopt the plan at a public meeting.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 4. Integrated Regional Water Management Plans [10540 - 10543] ( Chapter 4 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## 10543. (a) A regional water management group proposing to prepare an integrated regional water management plan shall publish a notice of intention to prepare the plan in accordance with Section 6066 of the Government Code. (b) For the purposes of carrying out this part, the regional water management group shall make available to the public the documentation prepared pursuant to subdivision (g) of Section 10541 describing the manner in which interested parties may participate in developing the integrated regional water management plan. (c) Upon the completion of the integrated regional water management plan, the regional water management group shall publish a notice of intention to adopt the plan in accordance with Section 6066 of the Government Code and shall adopt the plan in a public meeting of its governing board. (Repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. Effective March 1, 2009.)
  105. 10544.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 5. Funding for Qualified Projects and Programs [10544 - 10547] ( Chapter 5 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. )

    Verify source ↗

    Certain water funding authorities must include a selection criterion that favors regional projects or programs.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 5. Funding for Qualified Projects and Programs [10544 - 10547] ( Chapter 5 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## 10544. When selecting projects and programs pursuant to Division 24 (commencing with Section 78500), Division 26 (commencing with Section 79000), Division 26.5 (commencing with Section 79500), or pursuant to any grant funding authorized on or after January 1, 2009, for water management activities, the department, the board, the State Department of Public Health, and the California Bay-Delta Authority or its successor, as appropriate, shall include in any set of criteria used to select projects and programs for funding, a criterion that provides a preference for regional projects or programs. (Added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. Effective March 1, 2009.)
  106. 10544.5.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 5. Funding for Qualified Projects and Programs [10544 - 10547] ( Chapter 5 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. )

    Verify source ↗

    For certain grant applications with contamination areas, the regional water management group must include information showing how proposed projects address the contamination, or explain why no such project is included.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 5. Funding for Qualified Projects and Programs [10544 - 10547] ( Chapter 5 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## 10544.5. For grant applications that include areas that have nitrate, arsenic, perchlorate, or hexavalent chromium contamination, the regional water management group shall include in the grant application information regarding how a project or projects in the application help to address the contamination or an explanation why the application does not include that kind of project or projects. (Added by Stats. 2014, Ch. 717, Sec. 2. (AB 1249) Effective January 1, 2015.)
  107. 10545.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 5. Funding for Qualified Projects and Programs [10544 - 10547] ( Chapter 5 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. )

    Verify source ↗

    When selecting projects for certain water management funding, the department must consider whether grant applications in contaminated areas include projects that address the contamination, including safe drinking water projects for small disadvantaged communities.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 5. Funding for Qualified Projects and Programs [10544 - 10547] ( Chapter 5 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## 10545. When selecting projects pursuant to Section 75026 of the Public Resources Code or for other funds that are or may become available for integrated regional water management plan implementation, the department shall consider for grant applications that include areas that have nitrate, arsenic, perchlorate, or hexavalent chromium contamination, whether the regional water management group has included projects that help address the impacts caused by nitrate, arsenic, perchlorate, or hexavalent chromium contamination, including projects that provide safe drinking water to small disadvantaged communities. (Added by Stats. 2014, Ch. 717, Sec. 3. (AB 1249) Effective January 1, 2015.)
  108. 10546.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 5. Funding for Qualified Projects and Programs [10544 - 10547] ( Chapter 5 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. )

    Verify source ↗

    A qualifying integrated regional water management plan is eligible for funding.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 5. Funding for Qualified Projects and Programs [10544 - 10547] ( Chapter 5 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## 10546. An integrated regional water management plan prepared pursuant to this part shall be eligible for funding pursuant to Section 75026 of the Public Resources Code, and for any funding authorized on or after January 1, 2009, that is allocated specifically for implementation of integrated regional water management. (Repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. Effective March 1, 2009.)
  109. 10547.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 5. Funding for Qualified Projects and Programs [10544 - 10547] ( Chapter 5 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. )

    Verify source ↗

    The department is not barred from implementing Section 75026 of the Public Resources Code using existing integrated regional water management guidelines.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 5. Funding for Qualified Projects and Programs [10544 - 10547] ( Chapter 5 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## 10547. This part does not prohibit the department from implementing Section 75026 of the Public Resources Code by using existing integrated regional water management guidelines in accordance with subdivision (d) of Section 75026 of the Public Resources Code. (Added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. Effective March 1, 2009.)
  110. 10548.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 6. Miscellaneous [10548 - 10550] ( Chapter 6 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. )

    Verify source ↗

    This section says the part does not change any powers a local agency already has under other law.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 6. Miscellaneous [10548 - 10550] ( Chapter 6 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## 10548. This part does not affect any powers granted to a local agency by any other law. (Added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. Effective March 1, 2009.)
  111. 10549.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 6. Miscellaneous [10548 - 10550] ( Chapter 6 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. )

    Verify source ↗

    A regional water management group may not define or otherwise determine any person’s water rights under this part.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 6. Miscellaneous [10548 - 10550] ( Chapter 6 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## 10549. This part does not authorize a regional water management group to define, or otherwise determine, the water rights of any person. (Added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. Effective March 1, 2009.)
  112. 1055.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The executive director may issue a complaint, and the board may set administrative civil liability after the required process.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 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 Section 1052, Article 4 (commencing with Section 1845) of Chapter 12 of Part 2 of Division 2, or Section 5107. The complaint shall allege the act or failure to act that constitutes a trespass or violation, the provision of law authorizing civil liability to be imposed, and the proposed civil liability. (b) The complaint shall be served by personal notice, certified mail, in accordance with the manner of service of a summons under Article 3 (commencing with Section 415.10) of, and Article 4 (commencing with Section 416.10) of, Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure, or by any method of physical delivery that provides a receipt. The complaint shall inform the party served that the party may request a hearing not later than 20 days from the date the party was served and that the board may adopt an order setting administrative civil liability based on the allegations set forth in the complaint without a hearing if the party does not sign a written request for a hearing that is delivered to, or received by mail by, the board within 20 days after the date the party was served. The hearing shall be before the board or a member of the board, in accordance with Section 183. For purposes of this subdivision, “physical delivery that provides a receipt” includes physical delivery methods that provide electronic confirmation of delivery to the intended address. (c) The board, after any necessary hearing, may adopt an order setting administrative civil liability, or determining that a liability shall not be imposed. (d) Orders setting administrative civil liability shall become effective and final upon issuance thereof and payment shall be made. (Amended by Stats. 2023, Ch. 158, Sec. 2. (SB 756) Effective January 1, 2024.)
  113. 1055.2.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    A person or entity cannot be liable twice for the same act or failure to act under the listed provisions.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 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 or Article 4 (commencing with Section 1845) of Chapter 12 of Part 2 of Division 2 for the same act or failure to act. (Amended by Stats. 2010, Ch. 288, Sec. 6. (SB 1169) Effective January 1, 2011.)
  114. 1055.3.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    When the board determines civil liability, it must consider all relevant circumstances, including harm, the violation’s nature and persistence, duration, and any corrective action by the violator.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 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 harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, and the corrective action, if any, taken by the violator. (Added by Stats. 1987, Ch. 756, Sec. 5.)
  115. 1055.4.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    After review time expires, the board may ask the court clerk for a judgment to collect an administrative civil liability, and the clerk must enter it immediately if the application includes a certified copy of the board action.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 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 to collect the administrative civil liability imposed in accordance with Section 1055. The application, which shall include a certified copy of the board action, constitutes a sufficient showing to warrant issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered. (Added by Stats. 1997, Ch. 323, Sec. 1. Effective January 1, 1998.)
  116. 1055.5.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board must annually adjust certain civil and administrative liabilities or penalties for inflation, starting by January 1, 2026, and must file and publish the updated amounts and report implementation to the Legislature.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 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 by the board or in an action brought at the request of the board pursuant to this division, to adjust the maximum amounts specified in this division for inflation, as established by the amount by which the California Consumer Price Index for the month of June of the year prior to the adjustment exceeds the California Consumer Price Index for June of the calendar year in which legislation was last enacted establishing or amending the maximum amount of the liability or penalty. (2) The amount of any liability or penalty determined pursuant to this subdivision shall be rounded as follows: (A) To the nearest multiple of ten dollars ($10) in the case of a liability or penalty that is less than or equal to one hundred dollars ($100). (B) To the nearest multiple of one hundred dollars ($100) in the case of a liability or penalty that is greater than one hundred dollars ($100), but less than or equal to one thousand dollars ($1,000). (C) To the nearest multiple of one thousand dollars ($1,000) in the case of a liability or penalty that is greater than one thousand dollars ($1,000), but less than or equal to ten thousand dollars ($10,000). (D) To the nearest multiple of five thousand dollars ($5,000) in the case of a liability or penalty that is greater than ten thousand dollars ($10,000). (3) Inflation adjustments made pursuant to this subdivision are exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The updated civil and administrative liability or penalties pursuant to the inflation adjustment shall be filed with the Secretary of State and published in the California Code of Regulations. (b) This section does not apply to any liability imposed under Section 1538. (c) The board shall report to the Legislature, in accordance with Section 9795 of the Government Code, with regard to the implementation of this section. (Added by Stats. 2024, Ch. 342, Sec. 1. (AB 460) Effective January 1, 2025.)
  117. 10550.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 6. Miscellaneous [10548 - 10550] ( Chapter 6 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. )

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    A plan or project cannot be funded under this part if the funding would support activities that conflict with applicable state and federal water quality laws.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.2. INTEGRATED REGIONAL WATER MANAGEMENT PLANS [10530 - 10550] ( Part 2.2 repealed and added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## CHAPTER 6. Miscellaneous [10548 - 10550] ( Chapter 6 added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. ) ## 10550. The plan or project shall not be funded pursuant to this part if it would fund activities inconsistent with applicable state and federal water quality laws. (Added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 5. Effective March 1, 2009.)
  118. 1056.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board and the department may set reasonable charges for publications issued under their own authority.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 1056. The board and the department may fix reasonable charges for publications issued under their respective authorities. (Amended by Stats. 1957, Ch. 1932.)
  119. 10560.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.3. STORMWATER RESOURCE PLANNING [10560 - 10565] ( Part 2.3 added by Stats. 2009, Ch. 620, Sec. 3. )

    Verify source ↗

    This section says Part 2.3 may be called the Stormwater Resource Planning Act.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.3. STORMWATER RESOURCE PLANNING [10560 - 10565] ( Part 2.3 added by Stats. 2009, Ch. 620, Sec. 3. ) ## 10560. This part shall be known and may be cited as “The Stormwater Resource Planning Act.” (Added by Stats. 2009, Ch. 620, Sec. 3. (SB 790) Effective January 1, 2010.)
  120. 10561.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.3. STORMWATER RESOURCE PLANNING [10560 - 10565] ( Part 2.3 added by Stats. 2009, Ch. 620, Sec. 3. )

    Verify source ↗

    The Legislature states that stormwater and dry weather runoff should be managed as a water resource, with new developments and redevelopments designed around low-impact development principles.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.3. STORMWATER RESOURCE PLANNING [10560 - 10565] ( Part 2.3 added by Stats. 2009, Ch. 620, Sec. 3. ) ## 10561. The Legislature hereby finds and declares all of the following: (a) In many parts of the state stormwater and dry weather runoff are underutilized sources of surface water and groundwater supplies. Instead of being viewed as a resource, they are often seen as a problem that must be moved to the ocean as quickly as possible or as a source of contamination, contributing to a loss of usable water supplies and the pollution and impairment of rivers, lakes, streams, and coastal waters. (b) Improved management of stormwater and dry weather runoff, including capture, treatment, and reuse by using the natural functions of soils and plants, can improve water quality, reduce localized flooding, and increase water supplies for beneficial uses and the environment. (c) Most of California’s current stormwater drainage systems are designed to capture and convey water away from people and property rather than capturing that water for beneficial uses. (d) Historical patterns of precipitation are predicted to change and an increasing amount of California’s water is predicted to fall not as snow in the mountains, but as rain in other areas of the state. This will likely have a profound and transforming effect on California’s hydrologic cycle and much of that water will no longer be captured by California’s reservoirs, many of which are located to capture snow melt. (e) When properly designed and managed, the capture and use of stormwater and dry weather runoff can contribute significantly to local water supplies through onsite storage and use, or letting it infiltrate into the ground to recharge groundwater, either onsite or at regional facilities, thereby increasing available supplies of drinking water. (f) New developments and redevelopments should be designed to be consistent with low-impact development principles to improve the retention, use, and infiltration of stormwater and dry weather runoff onsite or at regional facilities. (g) Stormwater and dry weather runoff can be managed to achieve environmental and societal benefits such as wetland creation and restoration, riverside habitats, instream flows, and an increase in park and recreation lands, and urban green space. (h) Stormwater and dry weather runoff management through multiobjective projects can achieve additional benefits, including augmenting recreation opportunities for communities, increased tree canopy, reduced urban heat island effect, and improved air quality. (i) Proper planning and implementation is vital to ensure that the water supply and other benefits potentially available through better management of stormwater and dry weather runoff do not come at the expense of diminished water quality. (j) The capture and use of stormwater and dry weather runoff is not only one of the most cost-effective sources of new water supplies, it is a supply that can often be provided using significantly less energy than other sources of new water supplies. (Amended by Stats. 2014, Ch. 555, Sec. 1. (SB 985) Effective January 1, 2015.)
  121. 10561.5.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.3. STORMWATER RESOURCE PLANNING [10560 - 10565] ( Part 2.3 added by Stats. 2009, Ch. 620, Sec. 3. )

    Verify source ↗

    This section defines “dry weather runoff” and “stormwater” for this part.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.3. STORMWATER RESOURCE PLANNING [10560 - 10565] ( Part 2.3 added by Stats. 2009, Ch. 620, Sec. 3. ) ## 10561.5. Solely for the purposes of this part, and unless the context otherwise requires, the following definitions govern the construction of this part: (a) “Dry weather runoff” means surface waterflow and waterflow in storm drains, flood control channels, or other means of runoff conveyance produced by nonstormwater resulting from irrigation, residential, commercial, and industrial activities. (b) “Stormwater” means temporary surface water runoff and drainage generated by immediately preceding storms. This definition shall be interpreted consistent with the definition of “stormwater” in Section 122.26 of Title 40 of the Code of Federal Regulations. (Added by Stats. 2014, Ch. 555, Sec. 2. (SB 985) Effective January 1, 2015.)
  122. 10561.7.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.3. STORMWATER RESOURCE PLANNING [10560 - 10565] ( Part 2.3 added by Stats. 2009, Ch. 620, Sec. 3. )

    Verify source ↗

    A qualifying public entity may use captured stormwater, but only under the stated plan, timing, and supply-augmentation conditions.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.3. STORMWATER RESOURCE PLANNING [10560 - 10565] ( Part 2.3 added by Stats. 2009, Ch. 620, Sec. 3. ) ## 10561.7. (a) A public entity that captures stormwater from urban areas, in accordance with a stormwater resource plan, before the water reaches a natural channel shall be entitled to use the captured water to the extent that the water augments existing water supplies. (b) Nothing in this section shall be construed to do any of the following: (1) Alter or impair any existing rights. (2) Change existing water rights law. (3) Interfere with, amend, or supersede any existing water rights adjudication or other legally mandated water management plan. (4) Create a groundwater pumping right where a pumping right does not already exist. (Added by Stats. 2016, Ch. 526, Sec. 1. (AB 2594) Effective January 1, 2017.)
  123. 10562.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.3. STORMWATER RESOURCE PLANNING [10560 - 10565] ( Part 2.3 added by Stats. 2009, Ch. 620, Sec. 3. )

    Verify source ↗

    Public agencies may develop a stormwater resource plan, and if a plan is developed it must meet detailed standards and include specified planning elements.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.3. STORMWATER RESOURCE PLANNING [10560 - 10565] ( Part 2.3 added by Stats. 2009, Ch. 620, Sec. 3. ) ## 10562. (a) One or more public agencies may develop a stormwater resource plan pursuant to this part. (b) A stormwater resource plan shall: (1) Be developed on a watershed basis. (2) Identify and prioritize stormwater and dry weather runoff capture projects for implementation in a quantitative manner, using a metrics-based and integrated evaluation and analysis of multiple benefits to maximize water supply, water quality, flood management, environmental, and other community benefits within the watershed. (3) Provide for multiple benefit project design to maximize water supply, water quality, and environmental and other community benefits. (4) Provide for community participation in plan development and implementation. (5) Be consistent with, and assist in, compliance with total maximum daily load (TMDL) implementation plans and applicable national pollutant discharge elimination system (NPDES) permits. (6) Be consistent with all applicable waste discharge permits. (7) Upon development, be submitted to any applicable integrated regional water management group. Upon receipt, the integrated regional water management group shall incorporate the stormwater resource plan into its integrated regional water management plan. (8) Prioritize the use of lands or easements in public ownership for stormwater and dry weather runoff projects. (c) The proposed or adopted plan shall meet the standards outlined in this section. The plan need not be referred to as a “stormwater resource plan.” Existing planning documents may be utilized as a functionally equivalent plan, including, but not limited to, watershed management plans, integrated resource plans, urban water management plans, or similar plans. If a planning document does not meet the standards of this section, a collection of local and regional plans may constitute a functional equivalent, if the plans collectively meet all of the requirements of this part. (d) An entity developing a stormwater resource plan shall identify in the plan all of the following: (1) Opportunities to augment local water supply through groundwater recharge or storage for beneficial use of stormwater and dry weather runoff. (2) Opportunities for source control for both pollution and stormwater and dry weather runoff volume, onsite and local infiltration, and use of stormwater and dry weather runoff. (3) Projects to reestablish natural water drainage treatment and infiltration systems, or mimic natural system functions to the maximum extent feasible. (4) Opportunities to develop, restore, or enhance habitat and open space through stormwater and dry weather runoff management, including wetlands, riverside habitats, parkways, and parks. (5) Opportunities to use existing publicly owned lands and easements, including, but not limited to, parks, public open space, community gardens, farm and agricultural preserves, schoolsites, and government office buildings and complexes, to capture, clean, store, and use stormwater and dry weather runoff either onsite or offsite. (6) Design criteria and best management practices to prevent stormwater and dry weather runoff pollution and increase effective stormwater and dry weather runoff management for new and upgraded infrastructure and residential, commercial, industrial, and public development. These design criteria and best management practices shall accomplish all of the following: (A) Reduce effective impermeability within a watershed by creating permeable surfaces and directing stormwater and dry weather runoff to permeable surfaces, retention basins, cisterns, and other storage for beneficial use. (B) Increase water storage for beneficial use through a variety of onsite storage techniques. (C) Increase groundwater supplies through infiltration, where appropriate and feasible. (D) Support low-impact development for new and upgraded infrastructure and development using low-impact techniques. (7) Activities that generate or contribute to the pollution of stormwater or dry weather runoff, or that impair the effective beneficial use of stormwater or dry weather runoff. (8) Projects and programs to ensure the effective implementation of the stormwater resource plan pursuant to this part and achieve multiple benefits. These projects and programs shall include the development of appropriate decision support tools and the data necessary to use the decision support tools. (9) Ordinances or other mechanisms necessary to ensure the effective implementation of the stormwater resource plan pursuant to this part. (e) A stormwater resource plan shall use measurable factors to identify, quantify, and prioritize potential stormwater and dry weather runoff capture projects. (Amended by Stats. 2014, Ch. 555, Sec. 3. (SB 985) Effective January 1, 2015.)
  124. 10563.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.3. STORMWATER RESOURCE PLANNING [10560 - 10565] ( Part 2.3 added by Stats. 2009, Ch. 620, Sec. 3. )

    Verify source ↗

    This section says a public agency’s authority to carry out its programs, projects, or responsibilities is not limited by this part, and it does not change requirements under other laws. It also makes stormwater resource plan development and compliance with this part a condition for receiving certain grants, with stated exceptions.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.3. STORMWATER RESOURCE PLANNING [10560 - 10565] ( Part 2.3 added by Stats. 2009, Ch. 620, Sec. 3. ) ## 10563. (a) This part does not interfere with or prevent the exercise of authority by a public agency to carry out its programs, projects, or responsibilities. (b) This part does not affect requirements imposed under any other law. (c) (1) The development of a stormwater resource plan and compliance with this part in accordance with Section 10565 shall be required to receive grants for stormwater and dry weather runoff capture projects from a bond act approved by the voters after January 1, 2014. (2) This subdivision does not apply to either of the following: (A) Funds provided for the purpose of developing a stormwater resource plan. (B) A grant for a disadvantaged community, as defined in Section 79505.5, with a population of 20,000 or less, and that is not a copermittee for a municipal separate stormwater system national pollutant discharge elimination system (NPDES) permit issued to a municipality with a population greater than 20,000. (Amended by Stats. 2014, Ch. 555, Sec. 4. (SB 985) Effective January 1, 2015.)
  125. 10564.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.3. STORMWATER RESOURCE PLANNING [10560 - 10565] ( Part 2.3 added by Stats. 2009, Ch. 620, Sec. 3. )

    Verify source ↗

    This section defines “low-impact development” for this part as new development or redevelopment that uses natural or constructed features to reduce stormwater runoff and improve water quality.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.3. STORMWATER RESOURCE PLANNING [10560 - 10565] ( Part 2.3 added by Stats. 2009, Ch. 620, Sec. 3. ) ## 10564. For purposes of this part, “low-impact development” means new development or redevelopment projects that employ natural and constructed features that reduce the rate of stormwater runoff, filter out pollutants, facilitate stormwater storage onsite, infiltrate stormwater into the ground to replenish groundwater supplies, or improve the quality of receiving groundwater and surface water. (Added by Stats. 2009, Ch. 620, Sec. 3. (SB 790) Effective January 1, 2010.)
  126. 10565.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.3. STORMWATER RESOURCE PLANNING [10560 - 10565] ( Part 2.3 added by Stats. 2009, Ch. 620, Sec. 3. )

    Verify source ↗

    The board must establish guidance for this part by July 1, 2016.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.3. STORMWATER RESOURCE PLANNING [10560 - 10565] ( Part 2.3 added by Stats. 2009, Ch. 620, Sec. 3. ) ## 10565. By July 1, 2016, the board shall establish guidance for this part that shall include, but is not limited to, the following: (a) Identifying types of local agencies and nongovernmental organizations that need to be consulted in developing a stormwater resource plan. (b) Defining appropriate quantitative methods for identifying and prioritizing opportunities for stormwater and dry weather runoff capture projects. (c) Defining the appropriate geographic scale of watersheds for stormwater resource planning. (d) Other guidance the board deems appropriate to achieve the objectives of this part. (Added by Stats. 2014, Ch. 555, Sec. 5. (SB 985) Effective January 1, 2015.)
  127. 1057.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    Fees charged and collected under this chapter must be paid into the State Treasury at least once each month, together with a detailed statement.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 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. (Amended by Stats. 1963, Ch. 330.)
  128. 10570.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.4. Rainwater Capture Act of 2012 [10570 - 10574] ( Part 2.4 added by Stats. 2012, Ch. 537, Sec. 2. )

    Verify source ↗

    This section says Part 2.4 may be cited as the Rainwater Capture Act of 2012.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.4. Rainwater Capture Act of 2012 [10570 - 10574] ( Part 2.4 added by Stats. 2012, Ch. 537, Sec. 2. ) ## 10570. This part shall be known, and may be cited, as the Rainwater Capture Act of 2012. (Added by Stats. 2012, Ch. 537, Sec. 2. (AB 1750) Effective January 1, 2013.)
  129. 10571.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.4. Rainwater Capture Act of 2012 [10570 - 10574] ( Part 2.4 added by Stats. 2012, Ch. 537, Sec. 2. )

    Verify source ↗

    This section states legislative findings about why rainwater and stormwater capture matter for California water supply and conservation.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.4. Rainwater Capture Act of 2012 [10570 - 10574] ( Part 2.4 added by Stats. 2012, Ch. 537, Sec. 2. ) ## 10571. The Legislature finds and declares all of the following: (a) As California has grown and developed, the amount of stormwater flowing off buildings, parking lots, roads, and other impervious surfaces into surface water streams, flood channels, and storm sewers has increased, thereby reducing the volume of water allowed to infiltrate into groundwater aquifers and increasing water and pollution flowing to the ocean and other surface waters. At the same time, recurring droughts and water shortages in California have made local water supply augmentation and water conservation efforts a priority. (b) Historical patterns of precipitation are predicted to change, with two major implications for water supply. First, an increasing amount of California’s water is predicted to fall not as snow in the mountains, but as rain in other areas of the state. This will likely have a profound and transforming effect on California’s hydrologic cycle and much of that water will no longer be captured by California’s reservoirs, many of which are located to capture snowmelt. Second, runoff resulting from snowmelt is predicted to occur progressively earlier in the year, and reservoirs operated for flood control purposes must release water early in the season to protect against later storms, thereby reducing the amount of early season snowmelt that can be stored. (c) Rainwater and stormwater, captured and properly managed, can contribute significantly to local water supplies by infiltrating and recharging groundwater aquifers, thereby increasing available supplies of drinking water. In addition, the onsite capture, storage, and use of rainwater for nonpotable uses significantly reduces demand for potable water, contributing to the statutory objective of a 20-percent reduction in urban per capita water use in California by December 31, 2020. (d) Expanding opportunities for rainwater capture to augment water supply will require efforts at all levels, from individual landowners to state and local agencies and watershed managers. (Added by Stats. 2012, Ch. 537, Sec. 2. (AB 1750) Effective January 1, 2013.)
  130. 10572.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.4. Rainwater Capture Act of 2012 [10570 - 10574] ( Part 2.4 added by Stats. 2012, Ch. 537, Sec. 2. )

    Verify source ↗

    This section says the part does not change or impair existing rights, existing water rights law, certain licensing requirements, the Building Standards Commission’s authority, agricultural use of rainwater, or a water supplier’s authority under the cited regulation.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.4. Rainwater Capture Act of 2012 [10570 - 10574] ( Part 2.4 added by Stats. 2012, Ch. 537, Sec. 2. ) ## 10572. Nothing in this part shall be construed to do any of the following: (a) Alter or impair any existing rights. (b) Change existing water rights law. (c) Authorize a landscape contractor to engage in or perform activities that require a license pursuant to the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code). (d) Impair the authority of the California Building Standards Commission to adopt and implement building standards for rainwater capture systems pursuant to existing law. (e) Affect use of rainwater on agricultural lands. (f) Impair the authority of a water supplier pursuant to Subchapter 1 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations. (Added by Stats. 2012, Ch. 537, Sec. 2. (AB 1750) Effective January 1, 2013.)
  131. 10573.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.4. Rainwater Capture Act of 2012 [10570 - 10574] ( Part 2.4 added by Stats. 2012, Ch. 537, Sec. 2. )

    Verify source ↗

    This section defines several terms used in Part 2.4 of the Water Code, including “developed or developing lands,” “rain barrel system,” “rainwater,” “rainwater capture system,” and “stormwater.”

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.4. Rainwater Capture Act of 2012 [10570 - 10574] ( Part 2.4 added by Stats. 2012, Ch. 537, Sec. 2. ) ## 10573. Solely for the purposes of this part, and unless the context otherwise requires, the following definitions govern the construction of this part: (a) “Developed or developing lands” means lands that have one or more of the characteristics described in subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (b) of Section 56375.3 of the Government Code. (b) “Rain barrel system” is a type of rainwater capture system that does not use electricity or a water pump and is not connected to or reliant on a potable water system. (c) “Rainwater” means precipitation on any public or private parcel that has not entered an offsite storm drain system or channel, a flood control channel, or any other stream channel, and has not previously been put to beneficial use. (d) “Rainwater capture system” means a facility designed to capture, retain, and store rainwater flowing off a building rooftop for subsequent onsite use. (e) “Stormwater” has the same meaning as defined in Section 10561.5. (Amended by Stats. 2014, Ch. 555, Sec. 6. (SB 985) Effective January 1, 2015.)
  132. 10574.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.4. Rainwater Capture Act of 2012 [10570 - 10574] ( Part 2.4 added by Stats. 2012, Ch. 537, Sec. 2. )

    Verify source ↗

    Using rainwater collected from rooftops does not require a water right permit under Section 1201.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.4. Rainwater Capture Act of 2012 [10570 - 10574] ( Part 2.4 added by Stats. 2012, Ch. 537, Sec. 2. ) ## 10574. Use of rainwater collected from rooftops does not require a water right permit pursuant to Section 1201. (Added by Stats. 2012, Ch. 537, Sec. 2. (AB 1750) Effective January 1, 2013.)
  133. 1058.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board may adopt reasonable rules and regulations when it considers them advisable to carry out its powers and duties under this code.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 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. (Amended by Stats. 1969, Ch. 482.)
  134. 1058.5.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board may adopt emergency water regulations in drought emergencies, and violators can be fined up to $500 per day.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 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 regulation is adopted to prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports. (2) The emergency regulation is adopted in response to conditions which exist, or are threatened, in a critically dry year immediately preceded by two or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions. (b) Notwithstanding Sections 11346.1 and 11349.6 of the Government Code, any findings of emergency adopted by the board, in connection with the adoption of an emergency regulation under this section, are not subject to review by the Office of Administrative Law. (c) (1) An emergency regulation adopted by the board pursuant to this section may remain in effect for up to one year, as determined by the board, and is deemed repealed immediately upon a finding by the board that due to changed conditions it is no longer necessary for the regulation to remain in effect. An emergency regulation adopted by the board pursuant to this section may be renewed if the board determines that the conditions specified in paragraph (2) of subdivision (a) are still in effect. (2) Notwithstanding paragraph (1), the requirements of Article 23.5 (commencing with Section 875) of Chapter 2 of Division 3 of Title 23 of the California Code of Regulations, as operative January 27, 2025, shall remain in effect until January 1, 2031, or until permanent rules establishing and implementing long-term instream flow requirements in the Scott River and Shasta River watersheds are adopted, whichever occurs first. The board shall provide annual public updates, including opportunities for public comment, on its progress toward developing permanent flow rules for the rivers while this provision is in effect. (d) In addition to any other applicable civil or criminal penalties, any person or entity that violates a regulation adopted by the board pursuant to this section is guilty of an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. (e) (1) Notwithstanding subdivision (b) of Section 1551 or subdivision (e) of Section 1848, a civil liability imposed under Chapter 12 (commencing with Section 1825) of Part 2 of Division 2 by the board or a court for a violation of an emergency conservation regulation adopted pursuant to this section shall be deposited, and separately accounted for, in the Water Rights Fund. Funds deposited in accordance with this subdivision shall be available, upon appropriation, for water conservation activities and programs. (2) For purposes of this subdivision, an “emergency conservation regulation” means an emergency regulation that requires an end user of water, a water retailer, or a water wholesaler to conserve water or report to the board on water conservation. Water conservation includes restrictions or limitations on particular uses of water or a reduction in the amount of water used or served, but does not include curtailment of diversions when water is not available under the diverter’s priority of right or reporting requirements related to curtailments. (Amended by Stats. 2025, Ch. 130, Sec. 2. (AB 263) Effective January 1, 2026.)
  135. 1059.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board and the department may designate employees to certify and attest certain records under this division.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 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 to certify under their respective seals all copies of orders, applications, permits, licenses, certificates, and other records under this division, and to attest all records, transcripts, evidence, and other original documents which it is necessary so to authenticate. (Amended by Stats. 1957, Ch. 1932.)
  136. 106.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    This section declares the State’s policy that water use for domestic purposes is the highest use, and irrigation is the next highest use.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 106. It is hereby declared to be the established policy of this State that the use of water for domestic purposes is the highest use of water and that the next highest use is for irrigation. (Enacted by Stats. 1943, Ch. 368.)
  137. 106.3.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    California declares a state policy that every human being has a right to safe, clean, affordable, and accessible water for basic human needs.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 106.3. (a) It is hereby declared to be the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. (b) All relevant state agencies, including the department, the state board, and the State Department of Public Health, shall consider this state policy when revising, adopting, or establishing policies, regulations, and grant criteria when those policies, regulations, and criteria are pertinent to the uses of water described in this section. (c) This section does not expand any obligation of the state to provide water or to require the expenditure of additional resources to develop water infrastructure beyond the obligations that may exist pursuant to subdivision (b). (d) This section shall not apply to water supplies for new development. (e) The implementation of this section shall not infringe on the rights or responsibilities of any public water system. (Added by Stats. 2012, Ch. 524, Sec. 1. (AB 685) Effective January 1, 2013.)
  138. 106.4.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    Cities and counties must not issue building permits for new residential developments if the water supply comes from water hauled by truck, bottled water, a water-vending machine, or a retail water facility.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 106.4. (a) For the purposes of this section: (1) “Bottled water” has the same meaning as defined in Section 111070 of the Health and Safety Code. (2) “Residential development” has the same meaning as defined in Section 65008 of the Government Code. (3) “Retail water facility” has the same meaning as defined in Section 111070 of the Health and Safety Code. (4) “Water-vending machine” has the same meaning as defined in Section 111070 of the Health and Safety Code. (5) “Water hauler” has the same meaning as defined in Section 111070 of the Health and Safety Code. (b) A city, including a charter city, or a county shall not issue a building permit for the construction of a new residential development where a source of water supply is water transported by a water hauler, bottled water, a water-vending machine, or a retail water facility. (c) This section does not apply to a residence that will be rebuilt because of a fire or natural disaster. (d) The Legislature finds and declares that this section addresses a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. (Amended by Stats. 2017, Ch. 612, Sec. 1. (AB 367) Effective January 1, 2018.)
  139. 106.5.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    A municipality’s water-use rights should be protected, but it may not claim rights to waste water, use water for non-municipal purposes, or block others from using water beyond the municipality’s reasonable and existing needs.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 106.5. It is hereby declared to be the established policy of this State that the right of a municipality to acquire and hold rights to the use of water should be protected to the fullest extent necessary for existing and future uses, but that no municipality shall acquire or hold any right to waste water, or to use water for other than municipal purposes, or to prevent the appropriation and application of water in excess of its reasonable and existing needs to useful purposes by others subject to the rights of the municipality to apply such water to municipal uses as and when necessity therefor exists. (Added by Stats. 1945, Ch. 1344.)
  140. 106.7.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    California states a policy supporting environmentally compatible small hydroelectric projects, but agencies must not approve projects in listed sensitive areas, and applicants must show project revenues exceed project costs for hydroelectric facilities.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. General State Policy [100 - 113] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 106.7. (a) It is hereby declared to be the established policy of this state to support and encourage the development of environmentally compatible small hydroelectric projects as a renewable energy source, provided that the projects do not result in surface disturbances within the following sensitive areas: (1) Any component of the California Wild and Scenic Rivers System or the National Wild and Scenic Rivers System. (2) Any river designated for study pursuant to Section 5(a) of the National Wild and Scenic River Act (16 U.S.C. 1276(a)). This paragraph shall not apply to any river which, upon the completion of the study, is not included in the National Wild and Scenic Rivers System. (3) Any state or federally designated wilderness area. (4) Any areas designated as a “Critical Condor Habitat” by the United States Fish and Wildlife Service. (b) State agencies shall not approve small hydroelectric development within the sensitive areas specified in subdivision (a). (c) Significant adverse impacts associated with small hydroelectric projects shall be identified by those agencies responsible for the preparation of the environmental impact document. (d) Emphasis on the development of small hydroelectric power generating facilities which are “qualifying small power production facilities” under Section 210 of the Public Utilities Regulatory Policies Act of 1978, shall be on existing dams, diversions, and canals with a sufficient drop so that power may be efficiently generated without significant environmental effects. (e) For hydroelectric power generating facilities, the applicant shall demonstrate that project revenues will exceed project costs, including the cost of mitigation measures over the life of the project. (f) Subdivisions (d) and (e) do not apply to projects with a nameplate capacity of less than 100 kilowatts. (Amended by Stats. 1986, Ch. 807, Sec. 1.)
  141. 1060.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    Certain fees paid to the water boards and deposited in the State Treasury must be credited to the current support appropriation for the board, with stated exceptions. Money paid under Sections 1051.5 or 5007 may be spent by the board under those sections, and any unused balance must be refunded to the person entitled to it.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 1. GENERAL PROVISIONS [1000 - 1126] ( Part 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. Administrative Provisions Generally [1050 - 1060] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 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, except funds collected under Part 3 (commencing with Section 2000) of this division, funds received for trial distribution expenses in connection with the administration of Section 1051.5, and deposits and payments made pursuant to Section 5007, shall be credited to the appropriation for the support of the board which is current at the time of the deposit of such fees in the State Treasury. (b) Money deposited with or paid to the board pursuant to Section 1051.5 or 5007 and deposited by the board in the State Treasury is available for expenditure by the board in accordance with those sections without regard to fiscal years and irrespective of the provisions of Section 16304 of the Government Code, and any unused balance shall be refunded by the board to the person entitled thereto. (Amended by Stats. 1971, Ch. 1288.)
  142. 10600.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.5. SOUTH FORK AMERICAN RIVER [10600 - 10607] ( Part 2.5 added by Stats. 1982, Ch. 1472, Sec. 1. )

    Verify source ↗

    The Legislature finds a conflict between water development projects and instream uses on the South Fork of the American River and says the state should make reasonable efforts to find solutions.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.5. SOUTH FORK AMERICAN RIVER [10600 - 10607] ( Part 2.5 added by Stats. 1982, Ch. 1472, Sec. 1. ) ## 10600. The Legislature hereby finds and declares that there is an increasing conflict between water development projects and instream beneficial uses such as rafting, swimming, and fishing on the South Fork of the American River between Chili Bar Reservoir and the Salmon Falls Bridge. The Legislature further finds and declares that the state should make reasonable efforts to find solutions to this conflict which will satisfy local water needs while continuing instream beneficial uses. (Added by Stats. 1982, Ch. 1472, Sec. 1.)
  143. 10601.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.5. SOUTH FORK AMERICAN RIVER [10600 - 10607] ( Part 2.5 added by Stats. 1982, Ch. 1472, Sec. 1. )

    Verify source ↗

    The department may conduct cooperative studies, sharing costs equally with local government, when a proposed water supply development on the South Fork of the American River could meet local needs but would harm significant instream water uses.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.5. SOUTH FORK AMERICAN RIVER [10600 - 10607] ( Part 2.5 added by Stats. 1982, Ch. 1472, Sec. 1. ) ## 10601. Where a potentially economically viable water supply development on the South Fork of the American River between Chili Bar Reservoir and the Salmon Falls Bridge which will meet local water needs would eliminate or substantially impair significant instream beneficial uses of water, the department may undertake cooperative studies with equal state-local cost sharing to determine whether there is an alternative solution which will meet the local water needs from a different source or location and which will preserve most or all of the instream beneficial uses on that part of the south fork. (Added by Stats. 1982, Ch. 1472, Sec. 1.)
  144. 10602.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.5. SOUTH FORK AMERICAN RIVER [10600 - 10607] ( Part 2.5 added by Stats. 1982, Ch. 1472, Sec. 1. )

    Verify source ↗

    The department may recommend state financial assistance to the Legislature for the South Fork of the American River area, but only if specified financial and conservation conditions are met.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.5. SOUTH FORK AMERICAN RIVER [10600 - 10607] ( Part 2.5 added by Stats. 1982, Ch. 1472, Sec. 1. ) ## 10602. The department, with regard to the South Fork of the American River between Chili Bar Reservoir and the Salmon Falls Bridge, may recommend to the Legislature that state financial assistance be provided (1) where it is necessary to make the alternative solution financially attractive to the local area compared to the development which would eliminate or substantially impair the significant instream beneficial uses, and (2) where the value of the instream beneficial uses that would be preserved are greater than the proposed state financial assistance. (Added by Stats. 1982, Ch. 1472, Sec. 1.)
  145. 10603.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.5. SOUTH FORK AMERICAN RIVER [10600 - 10607] ( Part 2.5 added by Stats. 1982, Ch. 1472, Sec. 1. )

    Verify source ↗

    When undertaking studies under this part, the department must consider whether hydroelectric energy may be needed to help pay for future water supplies.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.5. SOUTH FORK AMERICAN RIVER [10600 - 10607] ( Part 2.5 added by Stats. 1982, Ch. 1472, Sec. 1. ) ## 10603. In undertaking studies pursuant to this part, the department shall take into consideration the potential necessity to produce hydroelectric energy to pay for future water supplies. (Added by Stats. 1982, Ch. 1472, Sec. 1.)
  146. 10604.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.5. SOUTH FORK AMERICAN RIVER [10600 - 10607] ( Part 2.5 added by Stats. 1982, Ch. 1472, Sec. 1. )

    Verify source ↗

    The department must undertake cooperative studies for the Georgetown Divide Public Utility District and the South Fork of the American River between Chili Bar Reservoir and Salmon Falls Bridge.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.5. SOUTH FORK AMERICAN RIVER [10600 - 10607] ( Part 2.5 added by Stats. 1982, Ch. 1472, Sec. 1. ) ## 10604. The department shall undertake cooperative studies pursuant to this part for the following: (a) The Georgetown Divide Public Utility District and the South Fork of the American River between Chili Bar Reservoir and Salmon Falls Bridge. (Added by Stats. 1982, Ch. 1472, Sec. 1.)
  147. 10605.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.5. SOUTH FORK AMERICAN RIVER [10600 - 10607] ( Part 2.5 added by Stats. 1982, Ch. 1472, Sec. 1. )

    Verify source ↗

    If the state funds an alternative solution, the State Water Resources Control Board must give great weight to preserving instream beneficial uses when later considering a permit or license for the project.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.5. SOUTH FORK AMERICAN RIVER [10600 - 10607] ( Part 2.5 added by Stats. 1982, Ch. 1472, Sec. 1. ) ## 10605. Where the state provides financial assistance to implement or assist in the implementation of an alternative solution, the State Water Resources Control Board, in considering a subsequent permit or license to be issued for a project on the stretch of river where the preserved instream beneficial uses occur, shall give great weight to the preservation of the instream beneficial uses preserved as a result of the state financial assistance. (Added by Stats. 1982, Ch. 1472, Sec. 1.)
  148. 10606.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.5. SOUTH FORK AMERICAN RIVER [10600 - 10607] ( Part 2.5 added by Stats. 1982, Ch. 1472, Sec. 1. )

    Verify source ↗

    If a later permit or license would reduce protected instream uses on this river stretch, the board must require the permit or license recipient to repay state assistance, plus interest.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.5. SOUTH FORK AMERICAN RIVER [10600 - 10607] ( Part 2.5 added by Stats. 1982, Ch. 1472, Sec. 1. ) ## 10606. If the instream beneficial uses on the South Fork of the American River between Chili Bar Reservoir and the Salmon Falls Bridge preserved by the state financial assistance will be reduced by a subsequent permit or license issued for a project on the stretch of river where the preserved instream beneficial uses occur, the board shall require as a condition of issuance of the permit or license that the recipient repay the amount of the state assistance, or proportionate amounts thereof as determined by the board, including interest at the rate earned by the Pooled Money Investment Account to the fund from which the financial assistance was appropriated. (Added by Stats. 1982, Ch. 1472, Sec. 1.)
  149. 10607.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.5. SOUTH FORK AMERICAN RIVER [10600 - 10607] ( Part 2.5 added by Stats. 1982, Ch. 1472, Sec. 1. )

    Verify source ↗

    The Legislature says the circumstances behind this part are unique, so it should not be treated as a precedent.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.5. SOUTH FORK AMERICAN RIVER [10600 - 10607] ( Part 2.5 added by Stats. 1982, Ch. 1472, Sec. 1. ) ## 10607. The Legislature finds and declares that the circumstances which resulted in the enactment of this part are unique and therefore this part shall not be considered a precedent. (Added by Stats. 1982, Ch. 1472, Sec. 1.)
  150. 10608.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 1. General Declarations and Policy [10608 - 10608.8] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )

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    This section states legislative findings and policy reasons supporting water conservation and efficient water use in California.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 1. General Declarations and Policy [10608 - 10608.8] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## 10608. The Legislature finds and declares all of the following: (a) Water is a public resource that the California Constitution protects against waste and unreasonable use. (b) Growing population, climate change, and the need to protect and grow California’s economy while protecting and restoring our fish and wildlife habitats make it essential that the state manage its water resources as efficiently as possible. (c) Diverse regional water supply portfolios will increase water supply reliability and reduce dependence on the Delta. (d) Reduced water use through conservation provides significant energy and environmental benefits, and can help protect water quality, improve streamflows, and reduce greenhouse gas emissions. (e) The success of state and local water conservation programs to increase efficiency of water use is best determined on the basis of measurable outcomes related to water use or efficiency. (f) Improvements in technology and management practices offer the potential for increasing water efficiency in California over time, providing an essential water management tool to meet the need for water for urban, agricultural, and environmental uses. (g) The Governor has called for a 20 percent per capita reduction in urban water use statewide by 2020. (h) The factors used to formulate water use efficiency targets can vary significantly from location to location based on factors including weather, patterns of urban and suburban development, and past efforts to enhance water use efficiency. (i) Per capita water use is a valid measure of a water provider’s efforts to reduce urban water use within its service area. However, per capita water use is less useful for measuring relative water use efficiency between different water providers. Differences in weather, historical patterns of urban and suburban development, and density of housing in a particular location need to be considered when assessing per capita water use as a measure of efficiency. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. (SB 7 7x) Effective February 3, 2010.)
  151. 10608.12.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 2. Definitions [10608.12- 10608.12.] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )

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    This section defines water-use terms used in this part of the Water Code.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 2. Definitions [10608.12- 10608.12.] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## 10608.12. Unless the context otherwise requires, the following definitions govern the construction of this part: (a) “Affordable housing” has the same meaning as defined in Section 34191.30 of the Health and Safety Code. (b) “Agricultural water supplier” means a water supplier, either publicly or privately owned, providing water to 10,000 or more irrigated acres, excluding recycled water. “Agricultural water supplier” includes a supplier or contractor for water, regardless of the basis of right, that distributes or sells water for ultimate resale to customers. “Agricultural water supplier” does not include the department. (c) “Base daily per capita water use” means any of the following: (1) The urban retail water supplier’s estimate of its average gross water use, reported in gallons per capita per day and calculated over a continuous 10-year period ending no earlier than December 31, 2004, and no later than December 31, 2010. (2) For an urban retail water supplier that meets at least 10 percent of its 2008 measured retail water demand through recycled water that is delivered within the service area of an urban retail water supplier or its urban wholesale water supplier, the urban retail water supplier may extend the calculation described in paragraph (1) up to an additional five years to a maximum of a continuous 15-year period ending no earlier than December 31, 2004, and no later than December 31, 2010. (3) For the purposes of Section 10608.22, the urban retail water supplier’s estimate of its average gross water use, reported in gallons per capita per day and calculated over a continuous five-year period ending no earlier than December 31, 2007, and no later than December 31, 2010. (d) “Baseline commercial, industrial, and institutional water use” means an urban retail water supplier’s base daily per capita water use for commercial, industrial, and institutional users. (e) “CII water use” means water used by commercial water users, industrial water users, institutional water users, and large landscape water users. (f) “Commercial water user” means a water user that provides or distributes a product or service. (g) “Common area” means that portion of a common interest development or of a property owned or managed by a homeowners’ association or a community service organization or similar entity that is not assigned or allocated to the exclusive use of the occupants of an individual dwelling unit within the property. (h) “Common interest development” has the same meaning as in Section 4100 of the Civil Code. (i) “Community service organization or similar entity” has the same meaning as in Section 4110 of the Civil Code. (j) “Community space” means an area designated by a property owner or a governmental agency to accommodate human foot traffic for civic, ceremonial, or other community events or social gatherings. (k) “Compliance daily per capita water use” means the gross water use during the final year of the reporting period, reported in gallons per capita per day. (l) “Disadvantaged community” means a community with an annual median household income that is less than 80 percent of the statewide annual median household income. (m) “Functional turf” means a ground cover surface of turf located in a recreational use area or community space. Turf enclosed by fencing or other barriers to permanently preclude human access for recreation or assembly is not functional turf. (n) “Gross water use” means the total volume of water, whether treated or untreated, entering the distribution system of an urban retail water supplier, excluding all of the following: (1) Recycled water that is delivered within the service area of an urban retail water supplier or its urban wholesale water supplier. (2) The net volume of water that the urban retail water supplier places into long-term storage. (3) The volume of water the urban retail water supplier conveys for use by another urban water supplier. (4) The volume of water delivered for agricultural use, except as otherwise provided in subdivision (f) of Section 10608.24. (o) “Homeowners’ association” means an “association” as defined in Section 4080 of the Civil Code. (p) “Industrial water user” means a water user that is primarily a manufacturer or processor of materials as defined by the North American Industry Classification System code sectors 31 to 33, inclusive, or an entity that is a water user primarily engaged in research and development. (q) “Institutional water user” means a water user dedicated to public service. This type of user includes, among other users, higher education institutions, schools, courts, churches, hospitals, government facilities, and nonprofit research institutions. (r) “Interim urban water use target” means the midpoint between the urban retail water supplier’s base daily per capita water use and the urban retail water supplier’s urban water use target for 2020. (s) “Large landscape” means a nonresidential landscape as described in the performance measures for CII water use adopted pursuant to Section 10609.10. (t) “Locally cost effective” means that the present value of the local benefits of implementing an agricultural efficiency water management practice is greater than or equal to the present value of the local cost of implementing that measure. (u) “Nonfunctional turf” means any turf that is not functional turf, and includes turf located within street rights-of-way and parking lots. (v) “Performance measures” means actions to be taken by urban retail water suppliers that will result in increased water use efficiency by CII water users. Performance measures may include, but are not limited to, educating CII water users on best management practices, conducting water use audits, and preparing water management plans. Performance measures do not include process water. (w) “Potable reuse” means direct potable reuse, indirect potable reuse for groundwater recharge, and reservoir water augmentation as those terms are defined in Section 13561. (x) “Potable water” means water that is suitable for human consumption. (y) “Process water” means water used by industrial water users for producing a product or product content or water used for research and development. Process water includes, but is not limited to, continuous manufacturing processes, and water used for testing, cleaning, and maintaining equipment. Water used to cool machinery or buildings used in the manufacturing process or necessary to maintain product quality or chemical characteristics for product manufacturing or control rooms, data centers, laboratories, clean rooms, and other industrial facility units that are integral to the manufacturing or research and development process is process water. Water used in the manufacturing process that is necessary for complying with local, state, and federal health and safety laws, and is not incidental water, is process water. Process water does not mean incidental water uses. (z) “Public water system” has the same meaning as defined in Section 116275 of the Health and Safety Code. (aa) “Recreational use area” means an area designated by a property owner or a governmental agency to accommodate human foot traffic for recreation, including, but not limited to, sports fields, golf courses, playgrounds, picnic grounds, or pet exercise areas. This recreation may be either formal or informal. (ab) “Recycled water” means recycled water, as defined in subdivision (n) of Section 13050. (ac) “Regional water resources management” means sources of supply resulting from watershed-based planning for sustainable local water reliability or any of the following alternative sources of water: (1) The capture and reuse of stormwater or rainwater. (2) The use of recycled water. (3) The desalination of brackish groundwater. (4) The conjunctive use of surface water and groundwater in a manner that is consistent with the safe yield of the groundwater basin. (ad) “Reporting period” means the years for which an urban retail water supplier reports compliance with the urban water use targets. (ae) “Turf” has the same meaning as defined in Section 491 of Title 23 of the California Code of Regulations. (af) “Urban retail water supplier” means a water supplier, either publicly or privately owned, that directly provides potable municipal water to more than 3,000 end users or that supplies more than 3,000 acre-feet of potable water annually at retail for municipal purposes. (ag) “Urban water supplier” has the same meaning as defined in Section 10617. (ah) “Urban water use objective” means an estimate of aggregate efficient water use for the previous year based on adopted water use efficiency standards and local service area characteristics for that year, as described in Section 10609.20. (ai) “Urban water use target” means the urban retail water supplier’s targeted future daily per capita water use. (aj) “Urban wholesale water supplier” means a water supplier, either publicly or privately owned, that provides more than 3,000 acre-feet of water annually at wholesale for potable municipal purposes. (Amended by Stats. 2023, Ch. 849, Sec. 3. (AB 1572) Effective January 1, 2024.)
  152. 10608.14.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 2.5. Nonfunctional Turf [10608.14- 10608.14.] ( Chapter 2.5 added by Stats. 2023, Ch. 849, Sec. 4. )

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    This section bans potable-water irrigation of nonfunctional turf on covered properties, with staggered compliance dates and limited exceptions.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 2.5. Nonfunctional Turf [10608.14- 10608.14.] ( Chapter 2.5 added by Stats. 2023, Ch. 849, Sec. 4. ) ## 10608.14. (a) The use of potable water for the irrigation of nonfunctional turf located on commercial, industrial, and institutional properties, other than a cemetery, and on properties of homeowners’ associations, common interest developments, and community service organizations or similar entities is prohibited as of the following dates: (1) All properties owned by the Department of General Services, beginning January 1, 2027. (2) All properties owned by local governments, local or regional public agencies, and public water systems, except those specified in paragraph (5), beginning January 1, 2027. (3) All other institutional properties and all commercial and industrial properties, beginning January 1, 2028. (4) All common areas of properties of homeowners’ associations, common interest developments, and community service organizations or similar entities, beginning January 1, 2029. (5) All properties owned by local governments, local public agencies, and public water systems in a disadvantaged community, beginning January 1, 2031, or the date upon which a state funding source is made available to fund conversion of nonfunctional turf on these properties to climate-appropriate landscapes, whichever is later. (b) Notwithstanding subdivision (a), the use of potable water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial nonturf plantings, or to the extent necessary to address an immediate health and safety need. (c) The board may, upon a showing of good cause for reasons including economic hardship, critical business need, and potential impacts to human health or safety, postpone a compliance deadline in subdivision (a) by up to three years for certain persons, institutions, and businesses, and may create a form to be used for compliance certification to the board by property owners. (d) Public water systems shall, by no later than January 1, 2027, revise their regulations, ordinances, or policies governing water service to include the requirements of subdivisions (a) and (b), as revised by the board pursuant to subdivision (c), and shall communicate the requirements to their customers on or before that date. (e) (1) An owner of commercial, industrial, or institutional property with more than 5,000 square feet of irrigated area other than a cemetery shall certify to the board, commencing June 30, 2030, and every three years thereafter through 2039, that their property is in compliance with the requirements of this chapter. (2) An owner of a property with more than 5,000 square feet of irrigated common area that is a homeowners’ association, common interest development, or community service organization or similar entity shall certify to the board, commencing June 30, 2031, and every three years thereafter through 2040, that their property is in compliance with the requirements of this chapter. (f) Noncompliance by a person or entity with this chapter or regulations adopted thereunder shall be subject to civil liability and penalties set forth in Section 1846, or to civil liability and penalties imposed by an urban retail water supplier pursuant to a locally adopted ordinance or policy. (g) (1) A public water system, city, county, or city and county may enforce the provisions of this chapter. (2) To avoid duplication of enforcement, any entity identified in paragraph (1) that is not a retail public water system shall notify the retail public water system 30 days prior to enforcement of the provisions of this chapter against a property served by such system. (3) Nothing in paragraph (2) shall preclude enforcement by any entity identified in paragraph (1) once adequate notice is given. (h) The department shall, when using funds appropriated for water conservation for turf replacement, prioritize financial assistance for nonfunctional turf replacement to public water systems serving disadvantaged communities and to owners of affordable housing. (i) The department shall utilize the saveourwater.com internet website and outreach campaign to provide information and resources on converting nonfunctional turf to native vegetation. (j) The Governor’s Office of Business and Economic Development shall support small and minority-owned businesses that provide services that advance compliance with this chapter. (Added by Stats. 2023, Ch. 849, Sec. 4. (AB 1572) Effective January 1, 2024.)
  153. 10608.16.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )

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    The state must reduce urban per capita water use in California by 20% by December 31, 2020, and make interim progress by reaching at least a 10% reduction by December 31, 2015.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## 10608.16. (a) The state shall achieve a 20-percent reduction in urban per capita water use in California on or before December 31, 2020. (b) The state shall make incremental progress towards the state target specified in subdivision (a) by reducing urban per capita water use by at least 10 percent on or before December 31, 2015. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. (SB 7 7x) Effective February 3, 2010.)
  154. 10608.20.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )

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    Urban retail water suppliers must set water-use targets and an interim target, and the department must develop and publish implementation methods and regulations.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## 10608.20. (a) (1) Each urban retail water supplier shall develop urban water use targets and an interim urban water use target by July 1, 2011. Urban retail water suppliers may elect to determine and report progress toward achieving these targets on an individual or regional basis, as provided in subdivision (a) of Section 10608.28, and may determine the targets on a fiscal year or calendar year basis. (2) It is the intent of the Legislature that the urban water use targets described in paragraph (1) cumulatively result in a 20-percent reduction from the baseline daily per capita water use by December 31, 2020. (b) An urban retail water supplier shall adopt one of the following methods for determining its urban water use target pursuant to subdivision (a): (1) Eighty percent of the urban retail water supplier’s baseline per capita daily water use. (2) The per capita daily water use that is estimated using the sum of the following performance standards: (A) For indoor residential water use, 55 gallons per capita daily water use as a provisional standard. Upon completion of the department’s 2017 report to the Legislature pursuant to Section 10608.42, this standard may be adjusted by the Legislature by statute. (B) For landscape irrigated through dedicated or residential meters or connections, water efficiency equivalent to the standards of the Model Water Efficient Landscape Ordinance set forth in Chapter 2.7 (commencing with Section 490) of Division 2 of Title 23 of the California Code of Regulations, as in effect the later of the year of the landscape’s installation or 1992. An urban retail water supplier using the approach specified in this subparagraph shall use satellite imagery, site visits, or other best available technology to develop an accurate estimate of landscaped areas. (C) For commercial, industrial, and institutional uses, a 10-percent reduction in water use from the baseline commercial, industrial, and institutional water use by 2020. (3) Ninety-five percent of the applicable state hydrologic region target, as set forth in the state’s draft 20x2020 Water Conservation Plan (dated April 30, 2009). If the service area of an urban water supplier includes more than one hydrologic region, the supplier shall apportion its service area to each region based on population or area. (4) A method that shall be identified and developed by the department, through a public process, and reported to the Legislature no later than December 31, 2010. The method developed by the department shall identify per capita targets that cumulatively result in a statewide 20-percent reduction in urban daily per capita water use by December 31, 2020. In developing urban daily per capita water use targets, the department shall do all of the following: (A) Consider climatic differences within the state. (B) Consider population density differences within the state. (C) Provide flexibility to communities and regions in meeting the targets. (D) Consider different levels of per capita water use according to plant water needs in different regions. (E) Consider different levels of commercial, industrial, and institutional water use in different regions of the state. (F) Avoid placing an undue hardship on communities that have implemented conservation measures or taken actions to keep per capita water use low. (c) If the department adopts a regulation pursuant to paragraph (4) of subdivision (b) that results in a requirement that an urban retail water supplier achieve a reduction in daily per capita water use that is greater than 20 percent by December 31, 2020, an urban retail water supplier that adopted the method described in paragraph (4) of subdivision (b) may limit its urban water use target to a reduction of not more than 20 percent by December 31, 2020, by adopting the method described in paragraph (1) of subdivision (b). (d) The department shall update the method described in paragraph (4) of subdivision (b) and report to the Legislature by December 31, 2014. An urban retail water supplier that adopted the method described in paragraph (4) of subdivision (b) may adopt a new urban daily per capita water use target pursuant to this updated method. (e) An urban retail water supplier shall include in its urban water management plan due in 2010 pursuant to Part 2.6 (commencing with Section 10610) the baseline daily per capita water use, urban water use target, interim urban water use target, and compliance daily per capita water use, along with the bases for determining those estimates, including references to supporting data. (f) When calculating per capita values for the purposes of this chapter, an urban retail water supplier shall determine population using federal, state, and local population reports and projections. (g) An urban retail water supplier may update its 2020 urban water use target in its 2015 urban water management plan required pursuant to Part 2.6 (commencing with Section 10610). (h) (1) The department, through a public process and in consultation with the California Urban Water Conservation Council, shall develop technical methodologies and criteria for the consistent implementation of this part, including, but not limited to, both of the following: (A) Methodologies for calculating base daily per capita water use, baseline commercial, industrial, and institutional water use, compliance daily per capita water use, gross water use, service area population, indoor residential water use, and landscaped area water use. (B) Criteria for adjustments pursuant to subdivisions (d) and (e) of Section 10608.24. (2) The department shall post the methodologies and criteria developed pursuant to this subdivision on its internet website, and make written copies available, by October 1, 2010. An urban retail water supplier shall use the methods developed by the department in compliance with this part. (i) (1) The department shall adopt regulations for implementation of the provisions relating to process water in accordance with Section 10608.12, subdivision (e) of Section 10608.24, and subdivision (d) of Section 10608.26. (2) The initial adoption of a regulation authorized by this subdivision is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for that purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. After the initial adoption of an emergency regulation pursuant to this subdivision, the department shall not request approval from the Office of Administrative Law to readopt the regulation as an emergency regulation pursuant to Section 11346.1 of the Government Code. (j) (1) An urban retail water supplier is granted an extension to July 1, 2011, for adoption of an urban water management plan pursuant to Part 2.6 (commencing with Section 10610) due in 2010 to allow the use of technical methodologies developed by the department pursuant to paragraph (4) of subdivision (b) and subdivision (h). An urban retail water supplier that adopts an urban water management plan due in 2010 that does not use the methodologies developed by the department pursuant to subdivision (h) shall amend the plan by July 1, 2011, to comply with this part. (2) An urban wholesale water supplier whose urban water management plan prepared pursuant to Part 2.6 (commencing with Section 10610) was due and not submitted in 2010 is granted an extension to July 1, 2011, to permit coordination between an urban wholesale water supplier and urban retail water suppliers. (Amended by Stats. 2019, Ch. 497, Sec. 286. (AB 991) Effective January 1, 2020.)
  155. 10608.22.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )

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    An urban retail water supplier must reduce per capita daily water use by at least 5% of base daily per capita water use, unless its base daily per capita water use is 100 gallons per capita per day or less.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## 10608.22. Notwithstanding the method adopted by an urban retail water supplier pursuant to Section 10608.20, an urban retail water supplier’s per capita daily water use reduction shall be no less than 5 percent of base daily per capita water use as defined in paragraph (3) of subdivision (c) of Section 10608.12. This section does not apply to an urban retail water supplier with a base daily per capita water use at or below 100 gallons per capita per day. (Amended by Stats. 2023, Ch. 849, Sec. 5. (AB 1572) Effective January 1, 2024.)
  156. 10608.24.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )

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    Urban retail water suppliers must meet interim and final water use targets by set dates, use compliance daily per capita water use to measure progress, and may use or exclude certain factors and water uses when calculating gross water use in specified situations.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## 10608.24. (a) Each urban retail water supplier shall meet its interim urban water use target by December 31, 2015. (b) Each urban retail water supplier shall meet its urban water use target by December 31, 2020. (c) An urban retail water supplier’s compliance daily per capita water use shall be the measure of progress toward achievement of its urban water use target. (d) (1) When determining compliance daily per capita water use, an urban retail water supplier may consider the following factors: (A) Differences in evapotranspiration and rainfall in the baseline period compared to the compliance reporting period. (B) Substantial changes to commercial or industrial water use resulting from increased business output and economic development that have occurred during the reporting period. (C) Substantial changes to institutional water use resulting from fire suppression services or other extraordinary events, or from new or expanded operations, that have occurred during the reporting period. (2) If the urban retail water supplier elects to adjust its estimate of compliance daily per capita water use due to one or more of the factors described in paragraph (1), it shall provide the basis for, and data supporting, the adjustment in the report required by Section 10608.40. (e) When developing the urban water use target pursuant to Section 10608.20, an urban retail water supplier that has a substantial percentage of industrial water use in its service area may exclude process water from the calculation of gross water use to avoid a disproportionate burden on another customer sector. (f) (1) An urban retail water supplier that includes agricultural water use in an urban water management plan pursuant to Part 2.6 (commencing with Section 10610) may include the agricultural water use in determining gross water use. An urban retail water supplier that includes agricultural water use in determining gross water use and develops its urban water use target pursuant to paragraph (2) of subdivision (b) of Section 10608.20 shall use a water efficient standard for agricultural irrigation of 100 percent of reference evapotranspiration multiplied by the crop coefficient for irrigated acres. (2) An urban retail water supplier, that is also an agricultural water supplier, is not subject to the requirements of Chapter 4 (commencing with Section 10608.48), if the agricultural water use is incorporated into its urban water use target pursuant to paragraph (1). (Amended by Stats. 2010, Ch. 328, Sec. 234. (SB 1330) Effective January 1, 2011.)
  157. 10608.26.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )

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    Urban retail water suppliers must hold at least one public hearing and use it to gather input, review economic impacts, and adopt a method for setting their water-use target.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## 10608.26. (a) In complying with this part, an urban retail water supplier shall conduct at least one public hearing to accomplish all of the following: (1) Allow community input regarding the urban retail water supplier’s implementation plan for complying with this part. (2) Consider the economic impacts of the urban retail water supplier’s implementation plan for complying with this part. (3) Adopt a method, pursuant to subdivision (b) of Section 10608.20, for determining its urban water use target. (b) In complying with this part, an urban retail water supplier may meet its urban water use target through efficiency improvements in any combination among its customer sectors. An urban retail water supplier shall avoid placing a disproportionate burden on any customer sector. (c) For an urban retail water supplier that supplies water to a United States Department of Defense military installation, the urban retail water supplier’s implementation plan for complying with this part shall consider the conservation of that military installation under federal Executive Order 13514. (d) (1) Any ordinance or resolution adopted by an urban retail water supplier after the effective date of this section shall not require existing customers as of the effective date of this section, to undertake changes in product formulation, operations, or equipment that would reduce process water use, but may provide technical assistance and financial incentives to those customers to implement efficiency measures for process water. This section shall not limit an ordinance or resolution adopted pursuant to a declaration of drought emergency by an urban retail water supplier. (2) This part shall not be construed or enforced so as to interfere with the requirements of Chapter 4 (commencing with Section 113980) to Chapter 13 (commencing with Section 114380), inclusive, of Part 7 of Division 104 of the Health and Safety Code, or any requirement or standard for the protection of public health, public safety, or worker safety established by federal, state, or local government or recommended by recognized standard setting organizations or trade associations. (Amended by Stats. 2010, Ch. 257, Sec. 1. (AB 2277) Effective January 1, 2011.)
  158. 10608.28.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )

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    An urban retail water supplier may meet its urban water use target in its service area or by mutual agreement through listed regional arrangements; a regional water management group may take on planning, reporting, and implementation functions with written consent from its member agencies.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## 10608.28. (a) An urban retail water supplier may meet its urban water use target within its retail service area, or through mutual agreement, by any of the following: (1) Through an urban wholesale water supplier. (2) Through a regional agency authorized to plan and implement water conservation, including, but not limited to, an agency established under the Bay Area Water Supply and Conservation Agency Act (Division 31 (commencing with Section 81300)). (3) Through a regional water management group as defined in Section 10537. (4) By an integrated regional water management funding area. (5) By hydrologic region. (6) Through other appropriate geographic scales for which computation methods have been developed by the department. (b) A regional water management group, with the written consent of its member agencies, may undertake any or all planning, reporting, and implementation functions under this chapter for the member agencies that consent to those activities. Any data or reports shall provide information both for the regional water management group and separately for each consenting urban retail water supplier and urban wholesale water supplier. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. (SB 7 7x) Effective February 3, 2010.)
  159. 10608.32.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )

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    A water utility regulated by the Public Utilities Commission may recover costs incurred under this part in rates, if the Commission reviews and approves them.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## 10608.32. All costs incurred pursuant to this part by a water utility regulated by the Public Utilities Commission may be recoverable in rates subject to review and approval by the Public Utilities Commission, and may be recorded in a memorandum account and reviewed for reasonableness by the Public Utilities Commission. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. (SB 7 7x) Effective February 3, 2010.)
  160. 10608.34.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )

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    Urban retail water suppliers must submit completed and validated water loss audit reports on set dates, and the department and board must adopt and update related rules.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## 10608.34. (a) (1) On or before January 1, 2017, the department shall adopt rules for all of the following: (A) The conduct of standardized water loss audits by urban retail water suppliers in accordance with the method adopted by the American Water Works Association in the third edition of Water Audits and Loss Control Programs, Manual M36 and in the Free Water Audit Software, version 5.0. (B) The process for validating a water loss audit report prior to submitting the report to the department. For the purposes of this section, “validating” is a process whereby an urban retail water supplier uses a technical expert to confirm the basis of all data entries in the urban retail water supplier’s water loss audit report and to appropriately characterize the quality of the reported data. The validation process shall follow the principles and terminology laid out by the American Water Works Association in the third edition of Water Audits and Loss Control Programs, Manual M36 and in the Free Water Audit Software, version 5.0. A validated water loss audit report shall include the name and technical qualifications of the person engaged for validation. (C) The technical qualifications required of a person to engage in validation, as described in subparagraph (B). (D) The certification requirements for a person selected by an urban retail water supplier to provide validation of its own water loss audit report. (E) The method of submitting a water loss audit report to the department. (2) The department shall update rules adopted pursuant to paragraph (1) no later than six months after the release of subsequent editions of the American Water Works Association’s Water Audits and Loss Control Programs, Manual M36. Except as provided by the department, until the department adopts updated rules pursuant to this paragraph, an urban retail water supplier may rely upon a subsequent edition of the American Water Works Association’s Water Audits and Loss Control Programs, Manual M36 or the Free Water Audit Software. (b) (1) On or before October 1 of each year until October 1, 2023, each urban retail water supplier reporting on a calendar year basis shall submit a completed and validated water loss audit report for the previous calendar year or the previous fiscal year as prescribed by the department pursuant to subdivision (a). (2) On or before January 1 of each year until January 1, 2024, each urban retail water supplier reporting on a fiscal year basis shall submit a completed and validated water loss audit report for the previous fiscal year as prescribed by the department pursuant to subdivision (a). (3) On or before January 1, 2024, and on or before January 1 of each year thereafter, each urban retail water supplier shall submit a completed and validated water loss audit report for the previous calendar year or previous fiscal year as part of the report submitted to the department pursuant to subdivision (a) of Section 10609.24 and as prescribed by the department pursuant to subdivision (a). (4) Water loss audit reports submitted on or before October 1, 2017, may be completed and validated with assistance as described in subdivision (c). (c) Using funds available for the 2016–17 fiscal year, the board shall contribute up to four hundred thousand dollars ($400,000) towards procuring water loss audit report validation assistance for urban retail water suppliers. (d) Each water loss audit report submitted to the department shall be accompanied by information, in a form specified by the department, identifying steps taken in the preceding year to increase the validity of data entered into the final audit, reduce the volume of apparent losses, and reduce the volume of real losses. (e) At least one of the following employees of an urban retail water supplier shall attest to each water loss audit report submitted to the department: (1) The chief financial officer. (2) The chief engineer. (3) The general manager. (f) The department shall deem incomplete and return to the urban retail water supplier any final water loss audit report found by the department to be incomplete, not validated, unattested, or incongruent with known characteristics of water system operations. A water supplier shall resubmit a completed water loss audit report within 90 days of an audit being returned by the department. (g) The department shall post all validated water loss audit reports on its internet website in a manner that allows for comparisons across water suppliers. The department shall make the validated water loss audit reports available for public viewing in a timely manner after their receipt. (h) Using available funds, the department shall provide technical assistance to guide urban retail water suppliers’ water loss detection programs, including, but not limited to, metering techniques, pressure management techniques, condition-based assessment techniques for transmission and distribution pipelines, and utilization of portable and permanent water loss detection devices. (i) No earlier than January 1, 2019, and no later than July 1, 2020, the board shall adopt rules requiring urban retail water suppliers to meet performance standards for the volume of water losses. In adopting these rules, the board shall employ full life-cycle cost accounting to evaluate the costs of meeting the performance standards. The board may consider establishing a minimum allowable water loss threshold that, if reached and maintained by an urban water supplier, would exempt the urban water supplier from further water loss reduction requirements. (Amended by Stats. 2019, Ch. 239, Sec. 1. (AB 1414) Effective January 1, 2020.)
  161. 10608.35.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )

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    The department must study the feasibility of water loss reporting requirements for urban wholesale water suppliers and recommend action to the Legislature by January 1, 2020.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## 10608.35. (a) The department, in coordination with the board, shall conduct necessary studies and investigations and make a recommendation to the Legislature, by January 1, 2020, on the feasibility of developing and enacting water loss reporting requirements for urban wholesale water suppliers. (b) The studies and investigations shall include an evaluation of the suitability of applying the processes and requirements of Section 10608.34 to urban wholesale water suppliers. (c) In conducting necessary studies and investigations and developing its recommendation, the department shall solicit broad public participation from stakeholders and other interested persons. (Added by Stats. 2018, Ch. 14, Sec. 7. (SB 606) Effective January 1, 2019.)
  162. 10608.36.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )

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    Urban wholesale water suppliers must include an assessment of their current and planned measures, programs, and policies in required urban water management plans.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## 10608.36. Urban wholesale water suppliers shall include in the urban water management plans required pursuant to Part 2.6 (commencing with Section 10610) an assessment of their present and proposed future measures, programs, and policies to help achieve the water use reductions required by this part. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. (SB 7 7x) Effective February 3, 2010.)
  163. 10608.4.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 1. General Declarations and Policy [10608 - 10608.8] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )

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    The Legislature states that this part is meant to require water suppliers to improve efficiency, set urban conservation targets and standards, and require certain water-management practices.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 1. General Declarations and Policy [10608 - 10608.8] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## 10608.4. It is the intent of the Legislature, by the enactment of this part, to do all of the following: (a) Require all water suppliers to increase the efficiency of use of this essential resource. (b) Establish a framework to meet the state targets for urban water conservation identified in this part and called for by the Governor. (c) Measure increased efficiency of urban water use on a per capita basis. (d) Establish a method or methods for urban retail water suppliers to determine targets for achieving increased water use efficiency by the year 2020, in accordance with the Governor’s goal of a 20-percent reduction. (e) Establish consistent water use efficiency planning and implementation standards for urban water suppliers and agricultural water suppliers. (f) Promote urban water conservation standards that are consistent with the California Urban Water Conservation Council’s adopted best management practices and the requirements for demand management in Section 10631. (g) Establish standards that recognize and provide credit to water suppliers that made substantial capital investments in urban water conservation since the drought of the early 1990s. (h) Recognize and account for the investment of urban retail water suppliers in providing recycled water for beneficial uses. (i) Require implementation of specified efficient water management practices for agricultural water suppliers. (j) Support the economic productivity of California’s agricultural, commercial, and industrial sectors. (k) Advance regional water resources management. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. (SB 7 7x) Effective February 3, 2010.)
  164. 10608.40.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )

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    Urban water retail suppliers must report their progress toward urban water use targets to the department and use a standardized form for the reported data.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## 10608.40. Urban water retail suppliers shall report to the department on their progress in meeting their urban water use targets as part of their urban water management plans submitted pursuant to Section 10631. The data shall be reported using a standardized form developed pursuant to Section 10608.52. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. (SB 7 7x) Effective February 3, 2010.)
  165. 10608.42.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )

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    The department must review the 2015 urban water management plans and report progress to the Legislature by July 1, 2017.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## 10608.42. (a) The department shall review the 2015 urban water management plans and report to the Legislature by July 1, 2017, on progress towards achieving a 20-percent reduction in urban water use by December 31, 2020. The report shall include recommendations on changes to water efficiency standards or urban water use targets to achieve the 20-percent reduction and to reflect updated efficiency information and technology changes. (b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2014, Ch. 463, Sec. 1. (AB 2067) Effective January 1, 2015.)
  166. 10608.43.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )

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    The department must convene a task force by April 1, 2010, and the task force must submit a report to the Legislature by April 1, 2012.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## 10608.43. The department, in conjunction with the California Urban Water Conservation Council, by April 1, 2010, shall convene a representative task force consisting of academic experts, urban retail water suppliers, environmental organizations, commercial water users, industrial water users, and institutional water users to develop alternative best management practices for commercial, industrial, and institutional users and an assessment of the potential statewide water use efficiency improvement in the commercial, industrial, and institutional sectors that would result from implementation of these best management practices. The taskforce, in conjunction with the department, shall submit a report to the Legislature by April 1, 2012, that shall include a review of multiple sectors within commercial, industrial, and institutional users and that shall recommend water use efficiency standards for commercial, industrial, and institutional users among various sectors of water use. The report shall include, but not be limited to, the following: (a) Appropriate metrics for evaluating commercial, industrial, and institutional water use. (b) Evaluation of water demands for manufacturing processes, goods, and cooling. (c) Evaluation of public infrastructure necessary for delivery of recycled water to the commercial, industrial, and institutional sectors. (d) Evaluation of institutional and economic barriers to increased recycled water use within the commercial, industrial, and institutional sectors. (e) Identification of technical feasibility and cost of the best management practices to achieve more efficient water use statewide in the commercial, industrial, and institutional sectors that is consistent with the public interest and reflects past investments in water use efficiency. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. (SB 7 7x) Effective February 3, 2010.)
  167. 10608.44.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )

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    Each state agency must reduce water use at the facilities it operates.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 3. Urban Retail Water Suppliers [10608.16 - 10608.44] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## 10608.44. Each state agency shall reduce water use at facilities it operates to support urban retail water suppliers in meeting the target identified in Section 10608.16. (Amended by Stats. 2010, Ch. 328, Sec. 235. (SB 1330) Effective January 1, 2011.)
  168. 10608.48.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 4. Agricultural Water Suppliers [10608.48- 10608.48.] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )

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    Agricultural water suppliers must implement efficient water management practices and report on them; the department must also adopt related regulations and report to the Legislature.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 4. Agricultural Water Suppliers [10608.48- 10608.48.] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## 10608.48. (a) On or before July 31, 2012, an agricultural water supplier shall implement efficient water management practices pursuant to subdivisions (b) and (c). (b) Agricultural water suppliers shall implement both of the following critical efficient management practices: (1) Measure the volume of water delivered to customers with sufficient accuracy to comply with subdivision (a) of Section 531.10 and to implement paragraph (2). (2) Adopt a pricing structure for water customers based at least in part on quantity delivered. (c) Agricultural water suppliers shall implement additional efficient management practices, including, but not limited to, practices to accomplish all of the following, if the measures are locally cost effective and technically feasible: (1) Facilitate alternative land use for lands with exceptionally high water duties or whose irrigation contributes to significant problems, including drainage. (2) Facilitate use of available recycled water that otherwise would not be used beneficially, meets all health and safety criteria, and does not harm crops or soils. (3) Facilitate the financing of capital improvements for on-farm irrigation systems. (4) Implement an incentive pricing structure that promotes one or more of the following goals: (A) More efficient water use at the farm level. (B) Conjunctive use of groundwater. (C) Appropriate increase of groundwater recharge. (D) Reduction in problem drainage. (E) Improved management of environmental resources. (F) Effective management of all water sources throughout the year by adjusting seasonal pricing structures based on current conditions. (5) Expand line or pipe distribution systems, and construct regulatory reservoirs to increase distribution system flexibility and capacity, decrease maintenance, and reduce seepage. (6) Increase flexibility in water ordering by, and delivery to, water customers within operational limits. (7) Construct and operate supplier spill and tailwater recovery systems. (8) Increase planned conjunctive use of surface water and groundwater within the supplier service area. (9) Automate canal control structures. (10) Facilitate or promote customer pump testing and evaluation. (11) Designate a water conservation coordinator who will develop and implement the water management plan and prepare progress reports. (12) Provide for the availability of water management services to water users. These services may include, but are not limited to, all of the following: (A) On-farm irrigation and drainage system evaluations. (B) Normal year and real-time irrigation scheduling and crop evapotranspiration information. (C) Surface water, groundwater, and drainage water quantity and quality data. (D) Agricultural water management educational programs and materials for farmers, staff, and the public. (13) Evaluate the policies of agencies that provide the supplier with water to identify the potential for institutional changes to allow more flexible water deliveries and storage. (14) Evaluate and improve the efficiencies of the supplier’s pumps. (d) Agricultural water suppliers shall include in the agricultural water management plans required pursuant to Part 2.8 (commencing with Section 10800) a report on which efficient water management practices have been implemented and are planned to be implemented, an estimate of the water use efficiency improvements that have occurred since the last report, and an estimate of the water use efficiency improvements estimated to occur five and 10 years in the future. If an agricultural water supplier determines that an efficient water management practice is not locally cost effective or technically feasible, the supplier shall submit information documenting that determination. (e) The department shall require information about the implementation of efficient water management practices to be reported using a standardized form developed pursuant to Section 10608.52. (f) An agricultural water supplier may meet the requirements of subdivisions (d) and (e) by submitting to the department a water conservation plan submitted to the United States Bureau of Reclamation that meets the requirements described in Section 10828. (g) On or before December 31, 2013, December 31, 2016, and December 31, 2021, the department, in consultation with the board, shall submit to the Legislature a report on the agricultural efficient water management practices that have been implemented and are planned to be implemented and an assessment of the manner in which the implementation of those efficient water management practices has affected and will affect agricultural operations, including estimated water use efficiency improvements, if any. (h) The department may update the efficient water management practices required pursuant to subdivision (c), in consultation with the Agricultural Water Management Council, the United States Bureau of Reclamation, and the board. All efficient water management practices for agricultural water use pursuant to this chapter shall be adopted or revised by the department only after the department conducts public hearings to allow participation of the diverse geographical areas and interests of the state. (i) (1) The department shall adopt regulations that provide for a range of options that agricultural water suppliers may use or implement to comply with the measurement requirement in paragraph (1) of subdivision (b). (2) The initial adoption of a regulation authorized by this subdivision is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for that purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. After the initial adoption of an emergency regulation pursuant to this subdivision, the department shall not request approval from the Office of Administrative Law to readopt the regulation as an emergency regulation pursuant to Section 11346.1 of the Government Code. (Amended by Stats. 2018, Ch. 15, Sec. 6. (AB 1668) Effective January 1, 2019.)
  169. 10608.50.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 5. Sustainable Water Management [10608.50- 10608.50.] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )

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    The department must promote regional water resources management practices and, by January 1, 2011, propose new or updated statewide targets for those practices.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 5. Sustainable Water Management [10608.50- 10608.50.] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## 10608.50. (a) The department, in consultation with the board, shall promote implementation of regional water resources management practices through increased incentives and removal of barriers consistent with state and federal law. Potential changes may include, but are not limited to, all of the following: (1) Revisions to the requirements for urban and agricultural water management plans. (2) Revisions to the requirements for integrated regional water management plans. (3) Revisions to the eligibility for state water management grants and loans. (4) Revisions to state or local permitting requirements that increase water supply opportunities, but do not weaken water quality protection under state and federal law. (5) Increased funding for research, feasibility studies, and project construction. (6) Expanding technical and educational support for local land use and water management agencies. (b) No later than January 1, 2011, and updated as part of the California Water Plan, the department, in consultation with the board, and with public input, shall propose new statewide targets, or review and update existing statewide targets, for regional water resources management practices, including, but not limited to, recycled water, brackish groundwater desalination, and infiltration and direct use of urban stormwater runoff. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. (SB 7 7x) Effective February 3, 2010.)
  170. 10608.52.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 6. Standardized Data Collection [10608.52- 10608.52.] ( Chapter 6 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )

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    The department must create a single standardized water use reporting form, in consultation with specified agencies.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 6. Standardized Data Collection [10608.52- 10608.52.] ( Chapter 6 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## 10608.52. (a) The department, in consultation with the board, the California Bay-Delta Authority or its successor agency, the State Department of Public Health, and the Public Utilities Commission, shall develop a single standardized water use reporting form to meet the water use information needs of each agency, including the needs of urban water suppliers that elect to determine and report progress toward achieving targets on a regional basis as provided in subdivision (a) of Section 10608.28. (b) At a minimum, the form shall be developed to accommodate information sufficient to assess an urban water supplier’s compliance with conservation targets pursuant to Section 10608.24 and an agricultural water supplier’s compliance with implementation of efficient water management practices pursuant to subdivision (a) of Section 10608.48. The form shall accommodate reporting by urban water suppliers on an individual or regional basis as provided in subdivision (a) of Section 10608.28. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. (SB 7 7x) Effective February 3, 2010.)
  171. 10608.56.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 7. Funding Provisions [10608.56 - 10608.60] ( Chapter 7 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )

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    Urban retail and agricultural water suppliers may lose eligibility for state water grants or loans unless they comply with this part, but the department must still find eligibility in certain approved-plan or disadvantaged-community situations.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 7. Funding Provisions [10608.56 - 10608.60] ( Chapter 7 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## 10608.56. (a) On and after July 1, 2016, an urban retail water supplier is not eligible for a water grant or loan awarded or administered by the state unless the supplier complies with this part. (b) On and after July 1, 2013, an agricultural water supplier is not eligible for a water grant or loan awarded or administered by the state unless the supplier complies with this part. (c) Notwithstanding subdivision (a), the department shall determine that an urban retail water supplier is eligible for a water grant or loan even though the supplier has not met the per capita reductions required pursuant to Section 10608.24, if the urban retail water supplier has submitted to the department for approval a schedule, financing plan, and budget, to be included in the grant or loan agreement, for achieving the per capita reductions. The supplier may request grant or loan funds to achieve the per capita reductions to the extent the request is consistent with the eligibility requirements applicable to the water funds. (d) Notwithstanding subdivision (b), the department shall determine that an agricultural water supplier is eligible for a water grant or loan even though the supplier is not implementing all of the efficient water management practices described in Section 10608.48, if the agricultural water supplier has submitted to the department for approval a schedule, financing plan, and budget, to be included in the grant or loan agreement, for implementation of the efficient water management practices. The supplier may request grant or loan funds to implement the efficient water management practices to the extent the request is consistent with the eligibility requirements applicable to the water funds. (e) Notwithstanding subdivision (a), the department shall determine that an urban retail water supplier is eligible for a water grant or loan even though the supplier has not met the per capita reductions required pursuant to Section 10608.24, if the urban retail water supplier has submitted to the department for approval documentation demonstrating that its entire service area qualifies as a disadvantaged community. (f) The department shall not deny eligibility to an urban retail water supplier or agricultural water supplier in compliance with the requirements of this part and Part 2.8 (commencing with Section 10800), that is participating in a multiagency water project, or an integrated regional water management plan, developed pursuant to Section 75026 of the Public Resources Code, solely on the basis that one or more of the agencies participating in the project or plan is not implementing all of the requirements of this part or Part 2.8 (commencing with Section 10800). (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. (SB 7 7x) Effective February 3, 2010.)
  172. 10608.60.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 7. Funding Provisions [10608.56 - 10608.60] ( Chapter 7 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )

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    The Legislature states that certain funds should be used, when appropriated, for grants and direct expenditures to implement this part, and that disadvantaged communities should be considered in allocating funding.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 7. Funding Provisions [10608.56 - 10608.60] ( Chapter 7 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## 10608.60. (a) It is the intent of the Legislature that funds made available by Section 75026 of the Public Resources Code should be expended, consistent with Division 43 (commencing with Section 75001) of the Public Resources Code and upon appropriation by the Legislature, for grants to implement this part. In the allocation of funding, it is the intent of the Legislature that the department give consideration to disadvantaged communities to assist in implementing the requirements of this part. (b) It is the intent of the Legislature that funds made available by Section 75041 of the Public Resources Code, should be expended, consistent with Division 43 (commencing with Section 75001) of the Public Resources Code and upon appropriation by the Legislature, for direct expenditures to implement this part. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. (SB 7 7x) Effective February 3, 2010.)
  173. 10608.64.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 8. Quantifying Agricultural Water Use Efficiency [10608.64- 10608.64.] ( Chapter 8 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )

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    The department must develop a methodology for quantifying agricultural water use efficiency and report it to the Legislature by December 31, 2011.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 8. Quantifying Agricultural Water Use Efficiency [10608.64- 10608.64.] ( Chapter 8 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## 10608.64. The department, in consultation with the Agricultural Water Management Council, academic experts, and other stakeholders, shall develop a methodology for quantifying the efficiency of agricultural water use. Alternatives to be assessed shall include, but not be limited to, determination of efficiency levels based on crop type or irrigation system distribution uniformity. On or before December 31, 2011, the department shall report to the Legislature on a proposed methodology and a plan for implementation. The plan shall include the estimated implementation costs and the types of data needed to support the methodology. Nothing in this section authorizes the department to implement a methodology established pursuant to this section. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. (SB 7 7x) Effective February 3, 2010.)
  174. 10608.8.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 1. General Declarations and Policy [10608 - 10608.8] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. )

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    This section limits some effects of the chapter, gives the department and board a reporting-related duty, and exempts certain agricultural water suppliers tied to the Quantification Settlement Agreement while it remains in effect.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 1. General Declarations and Policy [10608 - 10608.8] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## 10608.8. (a) (1) Water use efficiency measures adopted and implemented pursuant to this part or Part 2.8 (commencing with Section 10800) are water conservation measures subject to the protections provided under Section 1011. (2) Because an urban agency is not required to meet its urban water use target until 2020 pursuant to subdivision (b) of Section 10608.24, an urban retail water supplier’s failure to meet those targets shall not establish a violation of law for purposes of any state administrative or judicial proceeding prior to January 1, 2021. Nothing in this paragraph limits the use of data reported to the department or the board in litigation or an administrative proceeding. This paragraph shall become inoperative on January 1, 2021. (3) To the extent feasible, the department and the board shall provide for the use of water conservation reports required under this part to meet the requirements of Section 1011 for water conservation reporting. (b) This part does not limit or otherwise affect the application of Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (c) This part does not require a reduction in the total water used in the agricultural or urban sectors, because other factors, including, but not limited to, changes in agricultural economics or population growth may have greater effects on water use. This part does not limit the economic productivity of California’s agricultural, commercial, or industrial sectors. (d) The requirements of this part do not apply to an agricultural water supplier that is a party to the Quantification Settlement Agreement, as defined in subdivision (a) of Section 1 of Chapter 617 of the Statutes of 2002, during the period within which the Quantification Settlement Agreement remains in effect. After the expiration of the Quantification Settlement Agreement, to the extent conservation water projects implemented as part of the Quantification Settlement Agreement remain in effect, the conserved water created as part of those projects shall be credited against the obligations of the agricultural water supplier pursuant to this part. (Added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. (SB 7 7x) Effective February 3, 2010.)
  175. 10609.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

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    This section sets out how urban water use objectives are calculated and requires reporting, data support, and public participation for implementing standards.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609. (a) The Legislature finds and declares that this chapter establishes a method to estimate the aggregate amount of water that would have been delivered the previous year by an urban retail water supplier if all that water had been used efficiently. This estimated aggregate water use is the urban retail water supplier’s urban water use objective. The method is based on water use efficiency standards and local service area characteristics for that year. By comparing the amount of water actually used in the previous year with the urban water use objective, local urban water suppliers will be in a better position to help eliminate unnecessary use of water; that is, water used in excess of that needed to accomplish the intended beneficial use. (b) The Legislature further finds and declares all of the following: (1) This chapter establishes standards and practices for the following water uses: (A) Indoor residential use. (B) Outdoor residential use. (C) CII water use. (D) Water losses. (E) Other unique local uses and situations that can have a material effect on an urban water supplier’s total water use. (2) This chapter further does all of the following: (A) Establishes a method to calculate each urban water use objective. (B) Considers recycled water quality in establishing efficient irrigation standards. (C) Requires the department to provide or otherwise identify data regarding the unique local conditions to support the calculation of an urban water use objective. (D) Provides for the use of alternative sources of data if alternative sources are shown to be as accurate as, or more accurate than, the data provided by the department. (E) Requires annual reporting of the previous year’s water use with the urban water use objective. (F) Provides a bonus incentive for the amount of potable recycled water used the previous year when comparing the previous year’s water use with the urban water use objective, of up to 10 percent of the urban water use objective. (3) This chapter requires the department and the board to solicit broad public participation from stakeholders and other interested persons in the development of the standards and the adoption of regulations pursuant to this chapter. (4) This chapter preserves the Legislature’s authority over long-term water use efficiency target setting and ensures appropriate legislative oversight of the implementation of this chapter by doing all of the following: (A) Requiring the Legislative Analyst to conduct a review of the implementation of this chapter, including compliance with the adopted standards and regulations, accuracy of the data, use of alternate data, and other issues the Legislative Analyst deems appropriate. (B) Stating legislative intent that the director of the department and the chairperson of the board appear before the appropriate Senate and Assembly policy committees to report on progress in implementing this chapter. (C) Providing one-time-only authority to the department and board to adopt water use efficiency standards, except as explicitly provided in this chapter. Authorization to update the standards shall require separate legislation. (c) It is the intent of the Legislature that the following principles apply to the development and implementation of long-term standards and urban water use objectives: (1) Local urban retail water suppliers should have primary responsibility for meeting standards-based water use targets, and they shall retain the flexibility to develop their water supply portfolios, design and implement water conservation strategies, educate their customers, and enforce their rules. (2) Long-term standards and urban water use objectives should advance the state’s goals to mitigate and adapt to climate change. (3) Long-term standards and urban water use objectives should acknowledge the shade, air quality, and heat-island reduction benefits provided to communities by trees through the support of water-efficient irrigation practices that keep trees healthy. (4) The state should identify opportunities for streamlined reporting, eliminate redundant data submissions, and incentivize open access to data collected by urban and agricultural water suppliers. (Amended by Stats. 2019, Ch. 497, Sec. 287. (AB 991) Effective January 1, 2020.)
  176. 10609.10.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

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    The department and board must study CII water use and set performance measures, and urban retail water suppliers must implement the board’s adopted measures.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.10. (a) The department, in coordination with the board, shall conduct necessary studies and investigations and recommend, no later than October 1, 2021, performance measures for CII water use for adoption by the board in accordance with this chapter. (b) Prior to recommending performance measures for CII water use, the department shall solicit broad public participation from stakeholders and other interested persons relating to all of the following: (1) Recommendations for a CII water use classification system for California that address significant uses of water. (2) Recommendations for setting minimum size thresholds for converting mixed CII meters to dedicated irrigation meters, and evaluation of, and recommendations for, technologies that could be used in lieu of requiring dedicated irrigation meters. (3) Recommendations for CII water use best management practices, which may include, but are not limited to, water audits and water management plans for those CII customers that exceed a recommended size, volume of water use, or other threshold. (c) Recommendations of appropriate performance measures for CII water use shall be consistent with the October 21, 2013, report to the Legislature by the Commercial, Industrial, and Institutional Task Force entitled “Water Use Best Management Practices,” including the technical and financial feasibility recommendations provided in that report, and shall support the economic productivity of California’s commercial, industrial, and institutional sectors. (d) (1) The board, in coordination with the department, shall adopt performance measures for CII water use on or before June 30, 2022. (2) Each urban retail water supplier shall implement the performance measures adopted by the board pursuant to paragraph (1). (Added by Stats. 2018, Ch. 15, Sec. 7. (AB 1668) Effective January 1, 2019.)
  177. 10609.12.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

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    For urban retail water suppliers, the water-loss standard is the standard adopted by the board under Section 10608.34(i).

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.12. The standards for water loss for urban retail water suppliers shall be the standards adopted by the board pursuant to subdivision (i) of Section 10608.34. (Added by Stats. 2018, Ch. 15, Sec. 7. (AB 1668) Effective January 1, 2019.)
  178. 10609.14.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

    Verify source ↗

    The department must study and recommend variances for certain unique water uses, the board must publish approved-variance information, and an urban retail water supplier must get board approval before counting a variance in its water-use objective.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.14. (a) The department, in coordination with the board, shall conduct necessary studies and investigations and, no later than October 1, 2021, recommend for adoption by the board in accordance with this chapter appropriate variances for unique uses that can have a material effect on an urban retail water supplier’s urban water use objective. (b) Appropriate variances may include, but are not limited to, allowances for the following: (1) Significant use of evaporative coolers. (2) Significant populations of horses and other livestock. (3) Significant fluctuations in seasonal populations. (4) Significant landscaped areas irrigated with recycled water having high levels of total dissolved solids. (5) Significant use of water for soil compaction and dust control. (6) Significant use of water to supplement ponds and lakes to sustain wildlife. (7) Significant use of water to irrigate vegetation for fire protection. (8) Significant use of water for commercial or noncommercial agricultural use. (c) The department, in recommending variances for adoption by the board, shall also recommend a threshold of significance for each recommended variance. (d) Before including any specific variance in calculating an urban retail water supplier’s water use objective, the urban retail water supplier shall request and receive approval by the board for the inclusion of that variance. (e) The board shall post on its Internet Web site all of the following: (1) A list of all urban retail water suppliers with approved variances. (2) The specific variance or variances approved for each urban retail water supplier. (3) The data supporting approval of each variance. (Added by Stats. 2018, Ch. 15, Sec. 7. (AB 1668) Effective January 1, 2019.)
  179. 10609.15.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

    Verify source ↗

    The department and the board must carry out water data reporting and disclosure tasks, including identifying shared urban water reporting requirements, publishing how the data is used, analyzing publication and data-integration options, and making certain data public.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.15. To help streamline water data reporting, the department and the board shall do all of the following: (a) Identify urban water reporting requirements shared by both agencies, and post on each agency’s Internet Web site how the data is used for planning, regulatory, or other purposes. (b) Analyze opportunities for more efficient publication of urban water reporting requirements within each agency, and analyze how each agency can integrate various data sets in a publicly accessible location, identify priority actions, and implement priority actions identified in the analysis. (c) Make appropriate data pertaining to the urban water reporting requirements that are collected by either agency available to the public according to the principles and requirements of the Open and Transparent Water Data Act (Part 4.9 (commencing with Section 12400)). (Added by Stats. 2018, Ch. 15, Sec. 7. (AB 1668) Effective January 1, 2019.)
  180. 10609.16.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

    Verify source ↗

    The department must work with the board and, by October 1, 2021, recommend guidelines and methodologies for calculating an urban retail water supplier’s urban water use objective.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.16. The department, in coordination with the board, shall conduct necessary studies and investigations and recommend, no later than October 1, 2021, guidelines and methodologies for the board to adopt that identify how an urban retail water supplier calculates its urban water use objective. The guidelines and methodologies shall address, as necessary, all of the following: (a) Determining the irrigable lands within the urban retail water supplier’s service area. (b) Updating and revising methodologies described pursuant to subparagraph (A) of paragraph (1) of subdivision (h) of Section 10608.20, as appropriate, including methodologies for calculating the population in an urban retail water supplier’s service area. (c) Using landscape area data provided by the department or alternative data. (d) Incorporating precipitation data and climate data into estimates of a urban retail water supplier’s outdoor irrigation budget for its urban water use objective. (e) Estimating changes in outdoor landscape area and population, and calculating the urban water use objective, for years when updated landscape imagery is not available from the department. (f) Determining acceptable levels of accuracy for the supporting data, the urban water use objective, and compliance with the urban water use objective. (Added by Stats. 2018, Ch. 15, Sec. 7. (AB 1668) Effective January 1, 2019.)
  181. 10609.18.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

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    The department and the board must solicit public participation when developing standards and adopting regulations under this chapter, and the board must hold at least one public meeting before acting on a standard or variance recommended by the department.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.18. The department and the board shall solicit broad public participation from stakeholders and other interested persons in the development of the standards and the adoption of regulations pursuant to this chapter. The board shall hold at least one public meeting before taking any action on any standard or variance recommended by the department. (Added by Stats. 2018, Ch. 15, Sec. 7. (AB 1668) Effective January 1, 2019.)
  182. 10609.2.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

    Verify source ↗

    The board, with the department, must adopt long-term water-use efficiency standards by June 30, 2022, identify the standards and their effects by May 30, 2022, allow public comment, and adopt certain variances, guidelines, and methodologies by regulation.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.2. (a) The board, in coordination with the department, shall adopt long-term standards for the efficient use of water pursuant to this chapter on or before June 30, 2022. (b) Standards shall be adopted for all of the following: (1) Outdoor residential water use. (2) Outdoor irrigation of landscape areas with dedicated irrigation meters in connection with CII water use. (3) A volume for water loss. (c) When adopting the standards under this section, the board shall consider the policies of this chapter and the proposed efficiency standards’ effects on local wastewater management, developed and natural parklands, and urban tree health. The standards and potential effects shall be identified by May 30, 2022. The board shall allow for public comment on potential effects identified by the board under this subdivision. (d) The long-term standards shall be set at a level designed so that the water use objectives, together with other demands excluded from the long-term standards such as CII indoor water use and CII outdoor water use not connected to a dedicated landscape meter, would exceed the statewide conservation targets required pursuant to Chapter 3 (commencing with Section 10608.16). (e) The board, in coordination with the department, shall adopt by regulation variances recommended by the department pursuant to Section 10609.14 and guidelines and methodologies pertaining to the calculation of an urban retail water supplier’s urban water use objective recommended by the department pursuant to Section 10609.16. (Added by Stats. 2018, Ch. 15, Sec. 7. (AB 1668) Effective January 1, 2019.)
  183. 10609.20.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

    Verify source ↗

    Urban retail water suppliers must calculate an urban water use objective by January 1, 2024, and every year after, using the prior year’s water-use conditions.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.20. (a) Each urban retail water supplier shall calculate its urban water use objective no later than January 1, 2024, and by January 1 every year thereafter. (b) The calculation shall be based on the urban retail water supplier’s water use conditions for the previous calendar or fiscal year. (c) Each urban water supplier’s urban water use objective shall be composed of the sum of the following: (1) Aggregate estimated efficient indoor residential water use. (2) Aggregate estimated efficient outdoor residential water use. (3) Aggregate estimated efficient outdoor irrigation of landscape areas with dedicated irrigation meters or equivalent technology in connection with CII water use. (4) Aggregate estimated efficient water losses. (5) Aggregate estimated water use in accordance with variances, as appropriate. (d) (1) An urban retail water supplier that delivers water from a groundwater basin, reservoir, or other source that is augmented by potable reuse water may adjust its urban water use objective by a bonus incentive calculated pursuant to this subdivision. (2) The water use objective bonus incentive shall be the volume of its potable reuse delivered to residential water users and to landscape areas with dedicated irrigation meters in connection with CII water use, on an acre-foot basis. (3) The bonus incentive pursuant to paragraph (1) shall be limited in accordance with one of the following: (A) The bonus incentive shall not exceed 15 percent of the urban water supplier’s water use objective for any potable reuse water produced at an existing facility. (B) The bonus incentive shall not exceed 10 percent of the urban water supplier’s water use objective for any potable reuse water produced at any facility that is not an existing facility. (4) For purposes of this subdivision, “existing facility” means a facility that meets all of the following: (A) The facility has a certified environmental impact report, mitigated negative declaration, or negative declaration on or before January 1, 2019. (B) The facility begins producing and delivering potable reuse water on or before January 1, 2022. (C) The facility uses microfiltration and reverse osmosis technologies to produce the potable reuse water. (e) (1) The calculation of the urban water use objective shall be made using landscape area and other data provided by the department and pursuant to the standards, guidelines, and methodologies adopted by the board. The department shall provide data to the urban water supplier at a level of detail sufficient to allow the urban water supplier to verify its accuracy at the parcel level. (2) Notwithstanding paragraph (1), an urban retail water supplier may use alternative data in calculating the urban water use objective if the supplier demonstrates to the department that the alternative data are equivalent, or superior, in quality and accuracy to the data provided by the department. The department may provide technical assistance to an urban retail water supplier in evaluating whether the alternative data are appropriate for use in calculating the supplier’s urban water use objective. (Amended by Stats. 2019, Ch. 239, Sec. 2. (AB 1414) Effective January 1, 2020.)
  184. 10609.21.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

    Verify source ↗

    This section says the North City Project, phase one of the Pure Water San Diego Program, counts as an “existing facility” for Section 10609.20.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.21. (a) For purposes of Section 10609.20, and notwithstanding paragraph (4) of subdivision (d) of Section 10609.20, “existing facility” also includes the North City Project, phase one of the Pure Water San Diego Program, for which an environmental impact report was certified on April 10, 2018. (b) This section shall become operative on January 1, 2019. (Added by Stats. 2018, Ch. 453, Sec. 4. (SB 875) Effective September 17, 2018. Section operative January 1, 2019, by its own provisions.)
  185. 10609.22.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

    Verify source ↗

    An urban retail water supplier must calculate its actual urban water use by January 1, 2024, and every January 1 after that.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.22. (a) An urban retail water supplier shall calculate its actual urban water use no later than January 1, 2024, and by January 1 every year thereafter. (b) The calculation shall be based on the urban retail water supplier’s water use for the previous calendar or fiscal year. (c) Each urban water supplier’s urban water use shall be composed of the sum of the following: (1) Aggregate residential water use. (2) Aggregate outdoor irrigation of landscape areas with dedicated irrigation meters in connection with CII water use. (3) Aggregate water losses. (Amended by Stats. 2019, Ch. 239, Sec. 3. (AB 1414) Effective January 1, 2020.)
  186. 10609.24.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

    Verify source ↗

    An urban retail water supplier must file an annual report with the department, starting no later than January 1, 2024. The department must post the reports online, and the board may respond to nonfiling with an information order, conservation order, or civil liability.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.24. (a) An urban retail water supplier shall submit a report to the department no later than January 1, 2024, and by January 1 every year thereafter. The report shall include all of the following: (1) The urban water use objective calculated pursuant to Section 10609.20 along with relevant supporting data. (2) The actual urban water use calculated pursuant to Section 10609.22 along with relevant supporting data. (3) Documentation of the implementation of the performance measures for CII water use. (4) A description of the progress made towards meeting the urban water use objective. (5) The validated water loss audit report conducted pursuant to Section 10608.34. (b) The department shall post the reports and information on its internet website. (c) The board may issue an information order or conservation order to, or impose civil liability on, an entity or individual for failure to submit a report required by this section. (Amended by Stats. 2019, Ch. 239, Sec. 4. (AB 1414) Effective January 1, 2020.)
  187. 10609.25.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

    Verify source ↗

    An urban retail water supplier must include a narrative in its first report to the department describing the water demand management measures it plans to implement to reach its urban water use objective.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.25. As part of the first report submitted to the department by an urban retail water supplier no later than January 1, 2024, pursuant to subdivision (a) of Section 10609.24, each urban retail water supplier shall provide a narrative that describes the water demand management measures that the supplier plans to implement to achieve its urban water use objective by January 1, 2027. (Added by Stats. 2019, Ch. 239, Sec. 5. (AB 1414) Effective January 1, 2020.)
  188. 10609.26.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

    Verify source ↗

    The board may use informational orders, written notices, and conservation orders to address urban retail water suppliers that are not meeting urban water use objectives.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.26. (a) (1) On and after January 1, 2024, the board may issue informational orders pertaining to water production, water use, and water conservation to an urban retail water supplier that does not meet its urban water use objective required by this chapter. Informational orders are intended to obtain information on supplier activities, water production, and conservation efforts in order to identify technical assistance needs and assist urban water suppliers in meeting their urban water use objectives. (2) In determining whether to issue an informational order, the board shall consider the degree to which the urban retail water supplier is not meeting its urban water use objective, information provided in the report required by Section 10609.24, and actions the urban retail water supplier has implemented or will implement in order to help meet the urban water use objective. (3) The board shall share information received pursuant to this subdivision with the department. (4) An urban water supplier may request technical assistance from the department. The technical assistance may, to the extent available, include guidance documents, tools, and data. (b) On and after January 1, 2025, the board may issue a written notice to an urban retail water supplier that does not meet its urban water use objective required by this chapter. The written notice may warn the urban retail water supplier that it is not meeting its urban water use objective described in Section 10609.20 and is not making adequate progress in meeting the urban water use objective, and may request that the urban retail water supplier address areas of concern in its next annual report required by Section 10609.24. In deciding whether to issue a written notice, the board may consider whether the urban retail water supplier has received an informational order, the degree to which the urban retail water supplier is not meeting its urban water use objective, information provided in the report required by Section 10609.24, and actions the urban retail water supplier has implemented or will implement in order to help meet its urban water use objective. (c) (1) On and after January 1, 2026, the board may issue a conservation order to an urban retail water supplier that does not meet its urban water use objective. A conservation order may consist of, but is not limited to, referral to the department for technical assistance, requirements for education and outreach, requirements for local enforcement, and other efforts to assist urban retail water suppliers in meeting their urban water use objective. (2) In issuing a conservation order, the board shall identify specific deficiencies in an urban retail water supplier’s progress towards meeting its urban water use objective, and identify specific actions to address the deficiencies. (3) The board may request that the department provide an urban retail water supplier with technical assistance to support the urban retail water supplier’s actions to remedy the deficiencies. (d) A conservation order issued in accordance with this chapter may include requiring actions intended to increase water-use efficiency, but shall not curtail or otherwise limit the exercise of a water right, nor shall it require the imposition of civil liability pursuant to Section 377. (Amended by Stats. 2019, Ch. 239, Sec. 6. (AB 1414) Effective January 1, 2020.)
  189. 10609.27.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

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    The board must not issue certain orders under Section 10609.26 if both listed conditions are met.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.27. Notwithstanding Section 10609.26, the board shall not issue an information order, written notice, or conservation order pursuant to Section 10609.26 if both of the following conditions are met: (a) The board determines that the urban retail water supplier is not meeting its urban water use objective solely because the volume of water loss exceeds the urban retail water supplier’s standard for water loss. (b) Pursuant to Section 10608.34, the board is taking enforcement action against the urban retail water supplier for not meeting the performance standards for the volume of water losses. (Added by Stats. 2019, Ch. 203, Sec. 1. (SB 134) Effective January 1, 2020.)
  190. 10609.28.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

    Verify source ↗

    The board may issue a regulation or informational order requiring certain water suppliers to file a monthly report on water production, water use, or water conservation.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.28. The board may issue a regulation or informational order requiring a wholesale water supplier, an urban retail water supplier, or a distributor of a public water supply, as that term is used in Section 350, to provide a monthly report relating to water production, water use, or water conservation. (Added by Stats. 2018, Ch. 14, Sec. 12. (SB 606) Effective January 1, 2019.)
  191. 10609.30.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

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    The Legislative Analyst must give a report on water use efficiency standards and water use reporting by January 10, 2024, and the board and department must supply the data needed for it.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.30. On or before January 10, 2024, the Legislative Analyst shall provide to the appropriate policy committees of both houses of the Legislature and the public a report evaluating the implementation of the water use efficiency standards and water use reporting pursuant to this chapter. The board and the department shall provide the Legislative Analyst with the available data to complete this report. (a) The report shall describe all of the following: (1) The rate at which urban retail water users are complying with the standards, and factors that might facilitate or impede their compliance. (2) The accuracy of the data and estimates being used to calculate urban water use objectives. (3) Indications of the economic impacts, if any, of the implementation of this chapter on urban water suppliers and urban water users, including CII water users. (4) The frequency of use of the bonus incentive, the volume of water associated with the bonus incentive, value to urban water suppliers of the bonus incentive, and any implications of the use of the bonus incentive on water use efficiency. (5) The early indications of how implementing this chapter might impact the efficiency of statewide urban water use. (6) Recommendations, if any, for improving statewide urban water use efficiency and the standards and practices described in this chapter. (7) Any other issues the Legislative Analyst deems appropriate. (Added by Stats. 2018, Ch. 14, Sec. 13. (SB 606) Effective January 1, 2019.)
  192. 10609.32.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

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    The Legislature intends the board chairperson and the department director to appear before legislative policy committees around January 1, 2026, and report on implementation of this chapter.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.32. It is the intent of the Legislature that the chairperson of the board and the director of the department appear before the appropriate policy committees of both houses of the Legislature on or around January 1, 2026, and report on the implementation of the water use efficiency standards and water use reporting pursuant to this chapter. It is the intent of the Legislature that the topics to be covered include all of the following: (a) The rate at which urban retail water suppliers are complying with the standards, and factors that might facilitate or impede their compliance. (b) What enforcement actions have been taken, if any. (c) The accuracy of the data and estimates being used to calculate urban water use objectives. (d) Indications of the economic impacts, if any, of the implementation of this chapter on urban water suppliers and urban water users, including CII water users. (e) The frequency of use of the bonus incentive, the volume of water associated with the bonus incentive, value to urban water suppliers of the bonus incentive, and any implications of the use of the bonus incentive on water use efficiency. (f) An assessment of how implementing this chapter is affecting the efficiency of statewide urban water use. (Added by Stats. 2018, Ch. 14, Sec. 14. (SB 606) Effective January 1, 2019.)
  193. 10609.33.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

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    The department must submit a report to the Legislature by January 1, 2028, in coordination with the board.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.33. (a) On or before January 1, 2028, the department, in coordination with the board, shall submit a report to the Legislature on the progress of urban retail water suppliers towards achieving their urban water use objective pursuant to Section 10609.2. (b) (1) The requirement for submitting a report imposed under subdivision (a) is inoperative on January 1, 2032, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2022, Ch. 679, Sec. 2. (SB 1157) Effective January 1, 2023.)
  194. 10609.34.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

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    A board action under this chapter is treated as a Class 8 action unless it relaxes existing water conservation or water use standards.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.34. Notwithstanding Section 15300.2 of Title 14 of the California Code of Regulations, an action of the board taken under this chapter shall be deemed to be a Class 8 action, within the meaning of Section 15308 of Title 14 of the California Code of Regulations, provided that the action does not involve relaxation of existing water conservation or water use standards. (Added by Stats. 2018, Ch. 14, Sec. 15. (SB 606) Effective January 1, 2019.)
  195. 10609.36.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

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    This section says the chapter does not change water rights, only lets the board revise water-use efficiency standards when the chapter expressly allows it, and does not limit recycled water used as seawater barriers for groundwater salinity management.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.36. (a) Nothing in this chapter shall be construed to determine or alter water rights. Sections 1010 and 1011 apply to water conserved through implementation of this chapter. (b) Nothing in this chapter shall be construed to authorize the board to update or revise water use efficiency standards authorized by this chapter except as explicitly provided in this chapter. Authorization to update the standards beyond that explicitly provided in this chapter shall require separate legislation. (c) Nothing in this chapter shall be construed to limit or otherwise affect the use of recycled water as seawater barriers for groundwater salinity management. (Added by Stats. 2018, Ch. 14, Sec. 16. (SB 606) Effective January 1, 2019.)
  196. 10609.38.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

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    The board may waive this chapter’s requirements for up to five years for certain urban retail water suppliers affected by disaster damage.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.38. The board may waive the requirements of this chapter for a period of up to five years for any urban retail water supplier whose water deliveries are significantly affected by changes in water use as a result of damage from a disaster such as an earthquake or fire. In establishing the period of a waiver, the board shall take into consideration the breadth of the damage and the time necessary for the damaged areas to recover from the disaster. (Added by Stats. 2018, Ch. 14, Sec. 17. (SB 606) Effective January 1, 2019.)
  197. 10609.4.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. )

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    This section sets indoor residential water-use standards of 55, 47, and then 42 gallons per capita daily over time, and limits enforcement against urban retail water suppliers solely for missing that standard.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 9. Urban Water Use Objectives and Water Use Reporting [10609 - 10609.38] ( Chapter 9 added by Stats. 2018, Ch. 15, Sec. 7. ) ## 10609.4. (a) (1) Until January 1, 2025, the standard for indoor residential water use shall be 55 gallons per capita daily. (2) Beginning January 1, 2025, and until January 1, 2030, the standard for indoor residential water use shall be 47 gallons per capita daily. (3) Beginning January 1, 2030, the standard for indoor residential water use shall be 42 gallons per capita daily. (b) (1) The department, in coordination with the board, shall conduct necessary studies and investigations to assess and quantify the economic benefits and impacts of the 2030 indoor residential use standard on water, wastewater, and recycled water systems and shall include saturation end-use studies. The studies and investigations shall build on the standards and potential effects identified pursuant to subdivision (c) of Section 10609.2 and shall also consider, and as appropriate incorporate, other regional and statewide studies that quantify the impacts on water, wastewater, and recycled water systems, and evaluate the long-term effects of telework. To facilitate these studies and investigations, the board may request necessary and relevant information from wastewater agencies, including monthly influent flow, actions taken to reassess treatment processes, and the impact of the implementation of this chapter on wastewater operations, maintenance, and capital investment. The department, in coordination with the board, shall summarize the findings of these studies and investigations in a report to the Legislature on or before October 1, 2028. The report shall be submitted in compliance with Section 9795 of the Government Code. (2) If the department, in coordination with the board, determines that the 2030 indoor residential use standard is likely to unduly impact affordability of water and wastewater services, the department and the board may jointly recommend to the Legislature an alternate date on which the 2030 indoor residential use standard shall take effect. This determination shall be made using at least two years of data reflecting application of the 2025 indoor residential use standard. (3) Based upon the studies and investigations conducted pursuant to paragraph (1), the department shall consider whether to recommend, for adoption by the board, additional variances to accommodate unique challenges related to residential indoor water use pursuant to Section 10609.2. Variance options may include, but are not limited to, stranded assets, impacts on disadvantaged communities, impacts to environmental flows, or adverse impacts to wastewater or recycled water operations. (4) The studies, investigations, and report described in paragraph (1) shall include timely and inclusive collaboration with, and input from, a broad group of stakeholders, including, but not limited to, environmental groups, experts in indoor plumbing, water, wastewater, and recycled water agencies. (c) An urban retail water supplier shall not be subject to enforcement pursuant to this chapter solely for failing to meet the indoor residential use standard. (Amended by Stats. 2022, Ch. 679, Sec. 1. (SB 1157) Effective January 1, 2023.)
  198. 10609.40.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 10. Countywide Drought and Water Shortage Contingency Plans [10609.40 - 10609.42] ( Chapter 10 added by Stats. 2018, Ch. 15, Sec. 8. )

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    The Legislature says small water suppliers and rural communities are often left out of water shortage planning, and the state should provide guidance to improve drought planning for them.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 10. Countywide Drought and Water Shortage Contingency Plans [10609.40 - 10609.42] ( Chapter 10 added by Stats. 2018, Ch. 15, Sec. 8. ) ## 10609.40. The Legislature finds and declares both of the following: (a) Small water suppliers and rural communities are often not covered by established water shortage planning requirements. Currently, most counties do not address water shortages or do so minimally in their general plan or the local hazard mitigation plan. (b) The state should provide guidance to improve drought planning for small water suppliers and rural communities. (Added by Stats. 2018, Ch. 15, Sec. 8. (AB 1668) Effective January 1, 2019.)
  199. 10609.42.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 10. Countywide Drought and Water Shortage Contingency Plans [10609.40 - 10609.42] ( Chapter 10 added by Stats. 2018, Ch. 15, Sec. 8. )

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    The department must identify at-risk small water suppliers and rural communities, notify counties and groundwater sustainability agencies, and propose countywide drought and water shortage planning guidance.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.55. SUSTAINABLE WATER USE AND DEMAND REDUCTION [10608 - 10609.42] ( Part 2.55 added by Stats. 2009, 7th Ex. Sess., Ch. 4, Sec. 1. ) ## CHAPTER 10. Countywide Drought and Water Shortage Contingency Plans [10609.40 - 10609.42] ( Chapter 10 added by Stats. 2018, Ch. 15, Sec. 8. ) ## 10609.42. (a) No later than January 1, 2020, the department, in consultation with the board and other relevant state and local agencies and stakeholders, shall use available data to identify small water suppliers and rural communities that may be at risk of drought and water shortage vulnerability. The department shall notify counties and groundwater sustainability agencies of those suppliers or communities that may be at risk within its jurisdiction, and may make the information publicly accessible on its Internet Web site. (b) The department shall, in consultation with the board, by January 1, 2020, propose to the Governor and the Legislature recommendations and guidance relating to the development and implementation of countywide drought and water shortage contingency plans to address the planning needs of small water suppliers and rural communities. The department shall recommend how these plans can be included in county local hazard mitigation plans or otherwise integrated with complementary existing planning processes. The guidance from the department shall outline goals of the countywide drought and water shortage contingency plans and recommend components including, but not limited to, all of the following: (1) Assessment of drought vulnerability. (2) Actions to reduce drought vulnerability. (3) Response, financing, and local communication and outreach planning efforts that may be implemented in times of drought. (4) Data needs and reporting. (5) Roles and responsibilities of interested parties and coordination with other relevant water management planning efforts. (c) In formulating the proposal, the department shall utilize a public process involving state agencies, cities, counties, small communities, small water suppliers, and other stakeholders. (Added by Stats. 2018, Ch. 15, Sec. 8. (AB 1668) Effective January 1, 2019.)
  200. 10609.50.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.56. Drought Planning for Small Water Suppliers, State Small Water Systems, and Domestic Well Communities [10609.50 - 10609.80] ( Part 2.56 added by Stats. 2021, Ch. 245, Sec. 1. ) ## CHAPTER 1. General Provisions [10609.50 - 10609.51] ( Chapter 1 added by Stats. 2021, Ch. 245, Sec. 1. )

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    The Legislature states that drought risk is increasing and that California should use more proactive drought planning to protect drinking water supplies and vulnerable communities.

    ## Water Code - WAT ## DIVISION 6. CONSERVATION, DEVELOPMENT, AND UTILIZATION OF STATE WATER RESOURCES [10000 - 12999] ( Heading of Division 6 amended by Stats. 1957, Ch. 1932. ) ## PART 2.56. Drought Planning for Small Water Suppliers, State Small Water Systems, and Domestic Well Communities [10609.50 - 10609.80] ( Part 2.56 added by Stats. 2021, Ch. 245, Sec. 1. ) ## CHAPTER 1. General Provisions [10609.50 - 10609.51] ( Chapter 1 added by Stats. 2021, Ch. 245, Sec. 1. ) ## 10609.50. The Legislature finds and declares all of the following: (a) Droughts are predicted to become more frequent, longer, and more severe as climate change progresses, putting drinking water supplies at risk of running dry or becoming contaminated. (b) As demonstrated by the most recent drought from 2012 to 2016, inclusive, (2012–16 drought) drought conditions disproportionally impact low-income, small, and rural communities, as demonstrated by all of the following: (1) (A) Rural communities are more likely to rely solely on groundwater from small water suppliers or domestic wells. (B) Domestic wells tend to be shallower and are susceptible to running dry when groundwater is overpumped. (2) (A) The 2012–16 drought negatively impacted over 480,000 people relying on drought-impacted public water systems. (B) Seventy-six percent of impacted public water systems were small, serving 1,000 service connections or fewer and concentrated in the southern San Joaquin Valley. (c) There are currently varying levels of water contingency planning and coverage across counties for small water suppliers and self-supplied communities, leaving hundreds of thousands of people at risk of going without water to meet their basic household and drinking water needs during the next drought. (d) If another drought occurs that is as severe as the 2012–16 drought, more than 4,500 domestic wells in the San Joaquin Valley may be impacted. The cost to mitigate this damage could be more than one hundred fifteen million dollars ($115,000,000). (e) No one should go without running water during a drought. California can take basic steps to implement more proactive drought planning that would benefit the communities most at risk, and by doing so help prevent catastrophic impacts on drinking water for the communities most vulnerable to the impacts of climate change. (Added by Stats. 2021, Ch. 245, Sec. 1. (SB 552) Effective January 1, 2022.)

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