Water Code, 1943

Bonds issued under this chapter may be refunded by issuing refunding bonds under the referenced Government Code article.

The board may request a loan from the Pooled Money Investment Board, but the request cannot exceed the amount of unsold bonds authorized for sale. The board must also sign documents required to obtain and repay the loan.

This section says Chapter 17 is known as the Clean Water and Water Reclamation Bond Law of 1988.

This section states legislative findings and intent about protecting clean water, supporting water reclamation, and helping local agencies and small communities build needed facilities.

This section defines key terms used in the chapter, including the Board, Committee, eligible project, eligible reclamation project, small community, and related funding terms.

Bond proceeds must be deposited into a specific state fund, and the fund must include two named accounts; the board may also change or create accounts for administration.

This section lets the board make grants and grant contracts for eligible small-community treatment works projects, and lets eligible small communities apply for related loans.

The board must make $10 million from the fund available for transfer to the Clean Water Bond Guarantee Fund, and after January 1, 1990 it may transfer uncommitted funds back to the 1988 Clean Water and Water Reclamation Fund.

This section deposits $30 million into the Water Reclamation Account and lets the board make loans and contracts for eligible water reclamation projects, subject to specified contract terms and loan limits.

The board may spend up to 5% of the bonds authorized under this chapter on administering the chapter, if approved annually in the Budget Act.

The board may, if approved annually in the Budget Act, carry out plans, surveys, research, development, studies, and recommendations for this division.

The board may adopt rules, regulations, and guidelines needed or appropriate to carry out this chapter.

Up to $65 million in bonds, excluding refunding bonds, may be issued and sold to fund the chapter’s purposes and reimburse a state bond expense fund.

The bonds authorized by this chapter must be handled under the State General Obligation Bond Law, and that law’s provisions also apply to this chapter.

This section creates the Clean Water and Water Reclamation Finance Committee for bond issuance purposes and lets a majority act for it.

The committee must decide whether bonds should be issued and, if so, how much; bonds may be issued and sold in successive issues.

State revenue officers must take all necessary steps to collect an additional annual sum used to pay bond principal and interest.

The section appropriates money from the General Fund for bond principal and interest payments and for carrying out Section 14071.

The Director of Finance may authorize withdrawals from the General Fund for this chapter, up to the amount of unsold bonds authorized for sale.

The board may request a loan from the Pooled Money Investment Board, but the request cannot be more than the amount of unsold bonds authorized for this chapter, and the board must sign the documents needed to get and repay the loan.

Money in the fund from bond premium and accrued interest must be reserved and may be transferred to the General Fund as a credit for bond interest expenditures.

The bonds may be refunded under Article 6 of the State General Obligation Bond Law.

The board may use fund money for federal arbitrage-profit rebates and may contract for services or equipment needed to comply with applicable federal fund rules.

The Legislature declares that bond sale proceeds under this chapter are not “proceeds of taxes,” so their disbursement is not subject to Article XIII B limits.

If the Treasurer sells certain bonds with the required bond counsel opinion, the Treasurer may keep separate accounts for bond proceeds and earnings and may use them for federal-law payments or other federal-law actions needed to preserve tax-exempt status.

The department may create a program allowing private entities to lease certain State Water Project space for solar installations, and it must evaluate proposals on request.

The department must continue construction of the South Delta Improvements Program and cannot start operations until the director gives a written certification to the Legislature.

A permit can be revoked if the permittee does not start, diligently pursue, or complete the work, or does not apply the water to beneficial use as required. The board must give written notice in some cases and may revoke the permit after a hearing or, if no hearing is requested in time, must revoke it and declare the water open to appropriation.

A revocation notice must state the facts and information supporting the proposed revocation and include the required form notice. The permittee may request a hearing in writing within 15 days after receiving the notice, and if no timely request is filed, the board may act without a hearing.

If a permit is revoked without a hearing, the permittee may ask the board to set aside the revocation within 90 days, and the board may reinstate the permit for good cause.

The department must reduce greenhouse gas emissions linked to water and energy use, use efficient and renewable energy where feasible, and report to the Legislature and Governor on implementation.

People with an urgent need to divert and use water may apply for a conditional temporary permit, and the board may issue one if the article’s requirements are met.

An applicant for a temporary permit must complete the application under Section 1260, include any maps, drawings, or other data the board requires, and pay the application fee and, if a temporary permit is issued, the permit fee.

Before making the Section 1425 findings, the board must review relevant records, consult Fish and Wildlife representatives, and may make a field investigation if needed.

The board may issue a temporary permit before notice, but it must send notice to the applicant or permittee and other affected people under the section’s timing and publication/posting rules.

The board must supervise diversion and use of water under the temporary permit.

A temporary permit under this article does not create a vested right and can be modified or revoked by the board. The water-use authorization expires after 180 days unless an earlier date is set or the permit is revoked.

The board may renew a temporary permit under this article. Renewal requests must be handled under the article’s procedure, but the permittee does not have to resubmit duplicate maps, drawings, or other data already filed with the original application. Each renewal lasts no more than 180 days from the renewal date.

This article defines several terms and does not apply to diversions within certain groundwater basins identified in Section 10720.8.

A groundwater sustainability agency or local agency may apply for a conditional temporary permit to divert surface water to underground storage, and the board may issue it if article requirements are met.

A temporary permit application must be completed properly, include required supporting materials, and be accompanied by required fees and specified analyses and notifications.

The board must notify the applicant and post the notice online; the applicant must notify listed interested persons and prove notice to the board; interested persons may object within 30 days.

The board must supervise water diversion and use under this type of permit, and the permit may require water extractors to follow groundwater extraction rules.

Temporary permits under this article do not create vested rights, can be modified or revoked by the board with notice and an opportunity to be heard, and the diversion/use authorization generally expires after five years.

The board may renew certain permits, must process renewal requests, and may ask the permittee for supporting maps, drawings, or other original application data.

A permittee or licensee with an urgent need may petition for a conditional temporary change order, and the board may issue one if required findings are made.

A petitioner for a temporary change order must complete the petition under the board’s rules and pay the fee required by Chapter 8.

Before making the findings required by Section 1435, the board must review relevant records and consult the Department of Fish and Wildlife, and it must make a field investigation if the board thinks that is necessary or desirable.

The board may issue a temporary change order before notice, but notice and related posting, mailing, objection handling, and proof requirements must follow the section’s rules.

The board must supervise water diversion and use under a temporary change order.

The department and the board must develop a stream-gage deployment plan if the Legislature appropriates funds for this section.

A temporary change order does not create any vested right and may be modified or revoked by the board at any time. The authorization to divert and use water under the order expires automatically after 180 days unless an earlier date is set or the order is revoked.