Water Code — Part 12 | WAT — United States — California law | Esheria

Water Code

Part 12 of 51 · provisions 2,201–2,400

This section says the act is called the Water Code.

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About this statute

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

Showing 200 of 10,024

  1. 14039.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 16. California Safe Drinking Water Bond Law of 1988 [14000 - 14040] ( Chapter 16 added by Stats. 1988, Ch. 45, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [14030 - 14040] ( Article 3 added by Stats. 1988, Ch. 45, Sec. 1. )

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

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 16. California Safe Drinking Water Bond Law of 1988 [14000 - 14040] ( Chapter 16 added by Stats. 1988, Ch. 45, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [14030 - 14040] ( Article 3 added by Stats. 1988, Ch. 45, Sec. 1. ) ## 14039. Any bonds issued and sold pursuant to this chapter may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 2 of Title 2 of the Government Code. Approval by the electors of the state for the issuance of these bonds shall include the approval of any bonds issued to refund any bonds originally issued or previously issued refunding bonds. (Added by Stats. 1988, Ch. 45, Sec. 1. Approved in Proposition 81 at the November 8, 1988, election.)
  2. 14040.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 16. California Safe Drinking Water Bond Law of 1988 [14000 - 14040] ( Chapter 16 added by Stats. 1988, Ch. 45, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [14030 - 14040] ( Article 3 added by Stats. 1988, Ch. 45, Sec. 1. )

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    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.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 16. California Safe Drinking Water Bond Law of 1988 [14000 - 14040] ( Chapter 16 added by Stats. 1988, Ch. 45, Sec. 1. ) ## ARTICLE 3. Fiscal Provisions [14030 - 14040] ( Article 3 added by Stats. 1988, Ch. 45, Sec. 1. ) ## 14040. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purposes of carrying out the provisions of this chapter. The amount of the request shall not exceed the amount of the unsold bonds which the committee has by resolution authorized to be sold for the purpose of carrying out this chapter. The board shall execute such documents as are required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 1988, Ch. 45, Sec. 1. Approved in Proposition 81 at the November 8, 1988, election.)
  3. 14050.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 1. General Provisions [14050 - 14052] ( Article 1 added by Stats. 1988, Ch. 47, Sec. 2. )

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

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 1. General Provisions [14050 - 14052] ( Article 1 added by Stats. 1988, Ch. 47, Sec. 2. ) ## 14050. This chapter shall be known and may be cited as the Clean Water and Water Reclamation Bond Law of 1988. (Added by Stats. 1988, Ch. 47, Sec. 2. Approved in Proposition 83 at the November 8, 1988, election.)
  4. 14051.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 1. General Provisions [14050 - 14052] ( Article 1 added by Stats. 1988, Ch. 47, Sec. 2. )

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

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 1. General Provisions [14050 - 14052] ( Article 1 added by Stats. 1988, Ch. 47, Sec. 2. ) ## 14051. The Legislature finds and declares as follows: (a) Clean water is essential to the public health, safety, and welfare. (b) Clean water fosters the beauty of California’s environment, the expansion of industry and agriculture, maintains fish and wildlife, and supports recreation. (c) California’s abundant lakes and ponds, streams and rivers, coastline, and groundwater are threatened with pollution, which could threaten public health and impede economic and social growth if left unchecked. (d) The state’s growing population has increasing needs for clean water supplies and adequate treatment facilities. (e) It is of paramount importance that the limited water resources of the state be protected from pollution, conserved, and reclaimed whenever possible to ensure continued economic, community, and social growth. (f) The chief cause of water pollution is the discharge of inadequately treated waste into the waters of the state. (g) Local agencies have the primary responsibility for construction, operation, and maintenance of facilities to cleanse our waters. (h) Rising costs of construction and technological changes have pushed the cost of constructing treatment facilities beyond the reach of many small communities. (i) Because water knows no political boundaries, it is desirable for the state to contribute to construction of needed facilities in order to meet its obligations to protect and promote the health, safety, and welfare of its people and environment. (j) The people of California have a primary interest in the development of facilities to reclaim water to supplement existing water supplies and to assist in meeting the future water needs of the state. (k) A significant portion of the future water needs of California may be met by the use of reclaimed water. (l) Local public agencies have the primary responsibility for the construction, operation, and maintenance of water reclamation facilities. (m) Local public agencies need financial assistance to make cost-effective reclamation projects financially feasible. (n) (1) It is also the intent of this chapter to provide special assistance to small communities to construct facilities necessary to eliminate water pollution and public health hazards. (2) It is also the intent of this chapter to provide funds for the design and construction of eligible water reclamation projects and for the development and implementation of programs and activities that lead to increased use of reclaimed water in California. (Amended by Stats. 1994, Ch. 724, Sec. 7. Effective January 1, 1995. Note: This section was added by Stats. 1988, Ch. 47, and approved in Prop. 83 on Nov. 8, 1988.)
  5. 14052.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 1. General Provisions [14050 - 14052] ( Article 1 added by Stats. 1988, Ch. 47, Sec. 2. )

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

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 1. General Provisions [14050 - 14052] ( Article 1 added by Stats. 1988, Ch. 47, Sec. 2. ) ## 14052. As used in this chapter, the following words have the following meanings: (a) “Board” means the State Water Resources Control Board. (b) “Committee” means the Clean Water and Water Reclamation Finance Committee created by Section 14067. (c) “Construction” has the same meaning as in the Federal Clean Water Act. (d) “Eligible project” means a project for a small community for the construction of treatment works which is all of the following: (1) Necessary to prevent pollution. (2) Eligible for federal assistance pursuant to Title VI of the Federal Clean Water Act. (3) Certified by the board as entitled to priority over other treatment works, and complies with applicable water quality standards, policies, and plans. (e) “Eligible reclamation project” means a water reclamation project which is cost-effective when compared with the cost of alternative new freshwater supplies, and for which no federal assistance is currently available. These projects shall comply with applicable water quality standards, policies, and plans. (f) “Federal assistance” means funds available to a local agency pursuant to the Federal Clean Water Act. (g) “Federal Clean Water Act” or “federal act” means the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.) and any acts amendatory thereof or supplementary thereto. (h) “Fund” means the 1988 Clean Water and Water Reclamation Fund created pursuant to Section 14055. (i) “Local public agency” means any city, county, district, joint powers authority, or any other local public body or political subdivision of the state created by or pursuant to state law and involved with water or waste water management. (j) “Municipality” has the same meaning as in the Federal Clean Water Act and also includes the state or any agency, department, or political subdivision thereof. (k) “Small community” means a municipality with a population of 3,500 persons or less, or a reasonably isolated and divisible segment of a larger municipality encompassing 3,500 persons or less, with a financial hardship as defined by the board. (l) “State grant” means a grant given to a qualifying small community eligible for federal assistance under Title VI of the Federal Clean Water Act. (m) “State Water Pollution Control Revolving Fund” means a revolving fund created under state law for the purpose of issuing loans for the construction of eligible treatment works in accordance with the federal act. (n) “Treatment works” has the same meaning as in the Federal Clean Water Act. (Added by Stats. 1988, Ch. 47, Sec. 2. Approved in Proposition 83 at the November 8, 1988, election.)
  6. 14055.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 2. Clean Water and Water Reclamation Bond Program [14055 - 14061] ( Article 2 added by Stats. 1988, Ch. 47, Sec. 2. )

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    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.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 2. Clean Water and Water Reclamation Bond Program [14055 - 14061] ( Article 2 added by Stats. 1988, Ch. 47, Sec. 2. ) ## 14055. (a) The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the State Treasury to the credit of the 1988 Clean Water and Water Reclamation Fund, which is hereby created. There shall be established in the fund a Small Communities Grant Account for the purpose of implementing Section 14056 and a Water Reclamation Account for the purpose of implementing Section 14058. (b) From time to time, the board may modify existing accounts in the fund, or may establish other accounts in the fund, and in all other bond funds administered by the board, which the board determines are appropriate or necessary for proper administration. (Added by Stats. 1988, Ch. 47, Sec. 2. Approved in Proposition 83 at the November 8, 1988, election.)
  7. 14056.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 2. Clean Water and Water Reclamation Bond Program [14055 - 14061] ( Article 2 added by Stats. 1988, Ch. 47, Sec. 2. )

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    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.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 2. Clean Water and Water Reclamation Bond Program [14055 - 14061] ( Article 2 added by Stats. 1988, Ch. 47, Sec. 2. ) ## 14056. (a) The sum of twenty-five million dollars ($25,000,000) of the money in the fund shall be deposited in the Small Communities Grant Account and, notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated for state grants to small communities for construction of treatment works eligible for assistance under Title VI of the federal act. (b) The board may enter into grant contracts in accordance with this section with qualifying small communities having authority to construct, operate, and maintain treatment works to aid in the construction of eligible projects. (c) The board may make grants to small communities in an amount on a sliding scale, based on a community’s ability to pay, not to exceed 971/2 percent of the total estimated cost of pollution studies, planning, design, and construction determined in accordance with applicable state laws and regulations. Total state assistance under this section shall not exceed two million dollars ($2,000,000) for any single eligible project. (d) Any contract entered into pursuant to this section may include such provisions as may be determined by the board, provided that any contract shall include the following provisions: (1) An estimate of the reasonable cost of the eligible project. (2) An agreement by the small community to proceed expeditiously with, and complete, the proposed eligible project, commence operation of the treatment works upon completion, and to properly operate and maintain the works in accordance with applicable provisions of law. (e) Small communities eligible for a state grant may also apply for a loan from the State Water Pollution Control Revolving Fund for costs not covered by the grant. (Added by Stats. 1988, Ch. 47, Sec. 2. Approved in Proposition 83 at the November 8, 1988, election.)
  8. 14057.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 2. Clean Water and Water Reclamation Bond Program [14055 - 14061] ( Article 2 added by Stats. 1988, Ch. 47, Sec. 2. )

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    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.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 2. Clean Water and Water Reclamation Bond Program [14055 - 14061] ( Article 2 added by Stats. 1988, Ch. 47, Sec. 2. ) ## 14057. The sum of ten million dollars ($10,000,000) of the money in the fund shall be available for transfer by the board to the Clean Water Bond Guarantee Fund and shall be available to the board to guarantee local agency bond issues pursuant to Article 2.5 (commencing with Section 13425) of Chapter 6. After January 1, 1990, the board may transfer any funds in the Clean Water Bond Guarantee Fund which have not been committed to guaranteeing local agency bond issues to the 1988 Clean Water and Water Reclamation Fund. (Added by Stats. 1988, Ch. 47, Sec. 2. Approved in Proposition 83 at the November 8, 1988, election.)
  9. 14058.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 2. Clean Water and Water Reclamation Bond Program [14055 - 14061] ( Article 2 added by Stats. 1988, Ch. 47, Sec. 2. )

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    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.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 2. Clean Water and Water Reclamation Bond Program [14055 - 14061] ( Article 2 added by Stats. 1988, Ch. 47, Sec. 2. ) ## 14058. (a) The sum of thirty million dollars ($30,000,000) of the money in the fund shall be deposited in the Water Reclamation Account and, notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated to the board for the purposes of this section. (b) The board may enter into contracts with local public agencies having authority to construct, operate, and maintain water reclamation projects, for loans to aid in the design and construction of eligible water reclamation projects. The board may loan up to 100 percent of the total eligible cost of design and construction of an eligible reclamation project. (c) Any contract for an eligible water reclamation project entered into pursuant to this section may include such provisions as determined by the board and shall include both of the following provisions: (1) An estimate of the reasonable cost of the eligible water reclamation project. (2) An agreement by the local public agency to proceed expeditiously with, and complete, the eligible water reclamation project; commence operation of the project in accordance with applicable provisions of law, and provide for the payment of the local public agency’s share of the cost of the project, including principal and interest on any state loan made pursuant to this section. (d) Loan contracts may not provide for a moratorium on payments of principal or interest. (e) Any loans made from the fund may be for a period of up to 20 years. The interest rate for the loans shall be set at a rate equal to 50 percent of the interest rate paid by the state on the most recent sale of state general obligation bonds, with that rate to be computed according to the true interest cost method. When the interest rate so determined is not a multiple of one-tenth of 1 percent, the interest rate shall be set at the next higher multiple of one-tenth of 1 percent. (f) All money repaid to the state pursuant to any contract executed under this chapter shall be deposited in the Water Recycling Subaccount in the Clean Water and Water Recycling Account in the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Bond Fund created by Section 79136, for the purposes set forth in Article 4 (commencing with Section 79135) of Chapter 7 of Division 26. (Amended by Stats. 1999, Ch. 725, Sec. 3. Amendment approved in Proposition 13 at the March 7, 2000, election. Note: This section was added by Stats. 1988, Ch. 47, and approved in Prop. 83 on Nov. 8, 1988.)
  10. 14059.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 2. Clean Water and Water Reclamation Bond Program [14055 - 14061] ( Article 2 added by Stats. 1988, Ch. 47, Sec. 2. )

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    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.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 2. Clean Water and Water Reclamation Bond Program [14055 - 14061] ( Article 2 added by Stats. 1988, Ch. 47, Sec. 2. ) ## 14059. As approved by the Legislature annually in the Budget Act, the board may expend for the administration of this chapter not more than 5 percent of the amount of the bonds authorized to be issued under this chapter. (Added by Stats. 1988, Ch. 47, Sec. 2. Approved in Proposition 83 at the November 8, 1988, election.)
  11. 14060.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 2. Clean Water and Water Reclamation Bond Program [14055 - 14061] ( Article 2 added by Stats. 1988, Ch. 47, Sec. 2. )

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

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 2. Clean Water and Water Reclamation Bond Program [14055 - 14061] ( Article 2 added by Stats. 1988, Ch. 47, Sec. 2. ) ## 14060. As approved by the Legislature annually in the Budget Act, the board may, by contract or otherwise, undertake plans, surveys, research, development, and studies necessary, convenient, or desirable to carry out the purposes of this division, and may prepare recommendations with regard thereto, including the preparation of comprehensive statewide or areawide studies and reports on water reclamation and the collection, treatment, and disposal of waste under a comprehensive cooperative plan. (Added by Stats. 1988, Ch. 47, Sec. 2. Approved in Proposition 83 at the November 8, 1988, election.)
  12. 14061.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 2. Clean Water and Water Reclamation Bond Program [14055 - 14061] ( Article 2 added by Stats. 1988, Ch. 47, Sec. 2. )

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

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 2. Clean Water and Water Reclamation Bond Program [14055 - 14061] ( Article 2 added by Stats. 1988, Ch. 47, Sec. 2. ) ## 14061. The board may adopt rules, regulations, and guidelines necessary or appropriate to carry out this chapter. (Added by Stats. 1988, Ch. 47, Sec. 2. Approved in Proposition 83 at the November 8, 1988, election.)
  13. 14065.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. )

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    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.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. ) ## 14065. Bonds in the total amount of sixty-five million dollars ($65,000,000), exclusive of refunding bonds, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds shall, when sold, be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. (Added by Stats. 1988, Ch. 47, Sec. 2. Approved in Proposition 83 at the November 8, 1988, election.)
  14. 14066.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. )

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    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.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. ) ## 14066. The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. (Added by Stats. 1988, Ch. 47, Sec. 2. Approved in Proposition 83 at the November 8, 1988, election.)
  15. 14067.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. )

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

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. ) ## 14067. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this chapter, the Clean Water and Water Reclamation Finance Committee is hereby created. For purposes of this chapter, the Clean Water and Water Reclamation Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Governor, the Controller, the Treasurer, the Director of Finance, and the Executive Director of the State Water Resources Control Board, or their designated representatives. A majority of the committee may act for the committee. (b) For purposes of the State General Obligation Bond Law, the State Water Resources Control Board is designated the “board.” (Added by Stats. 1988, Ch. 47, Sec. 2. Approved in Proposition 83 at the November 8, 1988, election.)
  16. 14068.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. )

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

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. ) ## 14068. Consistent with Section 602 of the federal act, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in Sections 14056, 14057, 14058, 14059, and 14060, and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 1988, Ch. 47, Sec. 2. Approved in Proposition 83 at the November 8, 1988, election.)
  17. 14069.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. ) ## 14069. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year, and it is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added by Stats. 1988, Ch. 47, Sec. 2. Approved in Proposition 83 at the November 8, 1988, election.)
  18. 14070.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. ) ## 14070. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum which is necessary to carry out the provisions of Section 14071, appropriated without regard to fiscal years. (Added by Stats. 1988, Ch. 47, Sec. 2. Approved in Proposition 83 at the November 8, 1988, election.)
  19. 14071.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. ) ## 14071. For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which have been authorized by the committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund plus the interest that the amounts would have earned in the Pooled Money Investment Account from money received from the sale of bonds for the purpose of carrying out this chapter. (Added by Stats. 1988, Ch. 47, Sec. 2. Approved in Proposition 83 at the November 8, 1988, election.)
  20. 14071.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. ) ## 14071.5. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purposes of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds which the committee has, by resolution, authorized to be sold for the purpose of carrying this chapter. The board shall execute those documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 1988, Ch. 47, Sec. 2. Approved in Proposition 83 at the November 8, 1988, election.)
  21. 14072.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. ) ## 14072. All money deposited in the fund which is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1988, Ch. 47, Sec. 2. Approved in Proposition 83 at the November 8, 1988, election.)
  22. 14073.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. ) ## 14073. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of the State General Obligation Bond Law. (Added by Stats. 1988, Ch. 47, Sec. 2. Approved in Proposition 83 at the November 8, 1988, election.)
  23. 14074.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. ) ## 14074. (a) Notwithstanding any other provision of this chapter and to the extent permitted by federal and state law, the money in the fund may be used to rebate to the federal government all arbitrage profits required by the Federal Tax Reform Act of 1986 or any amendment thereof or supplement thereto. To the extent that the money in the fund may not be used for that purpose due to restraints of federal or state law, any rebates required shall be paid from the General Fund or other sources as the Legislature may require. (b) Notwithstanding any other provision of law, or rule or regulation, the board may enter into contracts, or procure those services and equipment, which may be necessary to ensure prompt and complete compliance with any provisions relating to the fund imposed by either the Federal Tax Reform Act of 1986 or the federal act. (Added by Stats. 1988, Ch. 47, Sec. 2. Approved in Proposition 83 at the November 8, 1988, election.)
  24. 14075.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. ) ## 14075. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 1988, Ch. 47, Sec. 2. Approved in Proposition 83 at the November 8, 1988, election.)
  25. 14076.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 17. Clean Water and Water Reclamation Bond Law of 1988 [14050 - 14076] ( Chapter 17 added by Stats. 1988, Ch. 47, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [14065 - 14076] ( Article 3 added by Stats. 1988, Ch. 47, Sec. 2. ) ## 14076. Notwithstanding Section 14074 or any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1991, Ch. 652, Sec. 39.)
  26. 141.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 141. (a) The department may establish a program to authorize private entities to lease space above or adjacent to appropriate conveyance facilities of the State Water Project for the purpose of installing solar photovoltaic panels and systems for generating electricity from those panels and transferring electricity through the related systems. Upon request, the department shall evaluate proposals for installing solar photovoltaic panels and related systems for the generation and transfer of electricity. A proposal submitted to the department for evaluation shall include, but need not be limited to, an engineering study of the proposed solar photovoltaic panels and related systems and an evaluation of the effect the solar photovoltaic panels and related systems may have on water supply, water quality, worker safety, and liability considerations. The costs of the engineering study and the department’s evaluation shall be paid by the person or entity making the request. (b) After approval of a proposal as described in subdivision (a), the department may negotiate any level of compensation for an agreement for the installation of solar photovoltaic panels and related systems that is equal to, or greater than, the cost to the department of meeting its obligations under the agreement. These costs shall include, but are not limited to, the costs of operating and maintaining State Water Project facilities and lease administration that are directly related to the lease and use of the conveyance facilities. (Added by Stats. 2005, Ch. 368, Sec. 2. Effective January 1, 2006.)
  27. 141.5.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 141.5. The department shall proceed with the construction of the South Delta Improvements Program, but shall not commence the operational phase of the program until the director certifies, in writing, to the Legislature that the department has completed the operational studies of the project and that the environmental review required by the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) includes a comparison between the implementation of the program and the maintenance of current operations. (Added by Stats. 2006, Ch. 77, Sec. 59. Effective July 18, 2006.)
  28. 1410.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6. Permits [1375 - 1410.2] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Revocation of Permit [1410 - 1410.2] ( Article 5 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6. Permits [1375 - 1410.2] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Revocation of Permit [1410 - 1410.2] ( Article 5 enacted by Stats. 1943, Ch. 368. ) ## 1410. (a) There shall be cause for revocation of a permit if the work is not commenced, prosecuted with due diligence, and completed or the water applied to beneficial use as contemplated in the permit and in accordance with this division and the rules and regulations of the board. (b) A permit may be revoked upon request of the permittee or under either of the following procedures: (1) If, after a hearing on a petition for extension of time to complete a project and apply water to beneficial use, the board finds that cause exists to revoke the permit, the board may revoke the permit. (2) If, after an investigation other than a hearing on a petition for extension of time, it appears that cause exists to revoke a permit, the board shall give notice of proposed revocation in writing, mailed in a sealed, prepaid postage and certified letter to the permittee at his or her last known address. If the permittee fails to request a hearing with the time provided under Section 1410.1, the board shall revoke the permit and declare the water subject to appropriation. After a hearing, when a hearing is requested by the permittee pursuant to Section 1410.1, the board may, upon a finding that cause exists, revoke the permit and declare the water subject to appropriation. (Amended by Stats. 2010, Ch. 288, Sec. 13. (SB 1169) Effective January 1, 2011.)
  29. 1410.1.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6. Permits [1375 - 1410.2] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Revocation of Permit [1410 - 1410.2] ( Article 5 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6. Permits [1375 - 1410.2] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Revocation of Permit [1410 - 1410.2] ( Article 5 enacted by Stats. 1943, Ch. 368. ) ## 1410.1. The notice of proposed revocation of the permit pursuant to paragraph (2) of subdivision (b) of Section 1410 shall contain a statement of facts and information upon which the proposed revocation is based, and shall include a statement substantially in the following form: Unless a written request for a hearing signed by or on behalf of the permittee is delivered or mailed to the board within 15 days after receipt of this notice, the board may act upon the proposed revocation of the permit without a hearing. Any request for a hearing may be made by delivering or mailing the request to the board at the address given on the notice. (Amended by Stats. 1986, Ch. 670, Sec. 5.)
  30. 1410.2.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6. Permits [1375 - 1410.2] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Revocation of Permit [1410 - 1410.2] ( Article 5 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6. Permits [1375 - 1410.2] ( Chapter 6 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Revocation of Permit [1410 - 1410.2] ( Article 5 enacted by Stats. 1943, Ch. 368. ) ## 1410.2. In any case when a permit is revoked without a hearing, as provided in Section 1410.1, the permittee, within 90 days of the date of the order of revocation, may file with the board a request to set aside the revocation, and the board, for good cause shown, may reinstate the permit. (Added by Stats. 1971, Ch. 794.)
  31. 142.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 142. (a) In order to reduce greenhouse gas emissions associated with water and energy usage, on and after January 1, 2008, the department shall do all of the following: (1) Comply with the same greenhouse gas emissions performance standards adopted pursuant to Section 8341 of the Public Utilities Code for a local publicly owned electric utility for new electricity contracts. (2) Use reasonable, feasible, and cost-effective efforts to use energy efficiently, and to increase use of renewable energy in the department’s water operations and in the renegotiation of existing electricity contracts entered into pursuant to Division 27 (commencing with Section 80000). (b) On or before March 1, 2008, and at least once every year thereafter until December 31, 2015, the department shall report to the Legislature and the Governor on the implementation of this section, including, but not limited to, all of the following: (1) The status of any contracts it has for fossil fuel generated electricity and its efforts to reduce its dependency on fossil fuels. (2) Changes to the portfolio of existing energy contracts entered into pursuant to Division 27 (commencing with Section 80000) that have occurred, or are expected to occur, that will alter the contracts’ costs, term, or quantity, or the composition of resources used to deliver power under the contracts. (Added by Stats. 2007, Ch. 178, Sec. 19. Effective August 24, 2007.)
  32. 1425.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 1. Temporary Urgency Permits [1425 - 1431] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 4. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 1. Temporary Urgency Permits [1425 - 1431] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 4. ) ## 1425. (a) Any person, whether or not an applicant, permittee, or licensee under provisions of this division other than this article, who has an urgent need to divert and use water may apply for, and the board may issue, a conditional, temporary permit without complying with other procedures or provisions of this division, but subject to all requirements of this article. (b) Prior to issuing a permit pursuant to this article, the board shall make all of the following findings: (1) The applicant has an urgent need for the water proposed to be diverted and used. (2) The water may be diverted and used without injury to any lawful user of water. (3) The water may be diverted and used without unreasonable effect upon fish, wildlife, or other instream beneficial uses. (4) The proposed diversion and use are in the public interest, including findings to support permit conditions imposed to ensure that the water is diverted and used in the public interest, without injury to any lawful user of water, and without unreasonable effect upon fish, wildlife, and other instream beneficial uses. (c) “Urgent need,” for the purposes of this article, means the existence of circumstances from which the board may in its judgment conclude that the proposed temporary diversion and use is necessary to further the constitutional policy that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that waste of water be prevented; except that the board shall not find an applicant’s need to be urgent if the board in its judgment concludes, if applicable, that the applicant has not exercised due diligence either (1) in making application for a permit pursuant to provisions of this division other than this article, or (2) in pursuing that application to permit. (d) The board may delegate to any officer or employee of the board all or any of its functions under this article, as provided in Section 7. (Amended by Stats. 2019, Ch. 678, Sec. 5. (AB 658) Effective January 1, 2020.)
  33. 1426.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 1. Temporary Urgency Permits [1425 - 1431] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 4. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 1. Temporary Urgency Permits [1425 - 1431] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 4. ) ## 1426. The application for a temporary permit shall be completed in accordance with the provisions of Section 1260 and shall be accompanied by such maps, drawings, and other data as may be required by the board, and the applicant shall pay an application fee, and a permit fee if a temporary permit is issued, both computed in accordance with the provisions of Chapter 8 (commencing with Section 1525) of this part. (Added by Stats. 1973, Ch. 536.)
  34. 1427.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 1. Temporary Urgency Permits [1425 - 1431] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 4. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 1. Temporary Urgency Permits [1425 - 1431] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 4. ) ## 1427. Before making the findings required by Section 1425, the board shall do all of the following: (a) Review available records, files, and decisions that relate to the availability of water from the source at the proposed point of diversion to serve the proposed temporary diversion and use, and that relate to the rights of downstream users. (b) Consult with representatives of the Department of Fish and Wildlife. (c) Make a field investigation, if necessary or desirable in the opinion of the board. (Amended by Stats. 2015, Ch. 683, Sec. 53. (SB 798) Effective January 1, 2016.)
  35. 1428.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 1. Temporary Urgency Permits [1425 - 1431] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 4. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 1. Temporary Urgency Permits [1425 - 1431] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 4. ) ## 1428. The board may issue a temporary permit in advance of the notice required by this section. In all cases, whether or not a temporary permit has been issued, the board shall, as soon as practicable after the receipt of an application, issue and deliver to the applicant or permittee a notice of the application or permit, which includes the information required by Section 1301. Publication or posting of the notice shall be as follows: (a) If the application or permit is for more than three cubic feet per second or for more than 200 acre-feet of storage, and if the permit is to remain in effect for more than 30 days, the notice shall be published by and at the expense of the applicant or permittee at the earliest practicable time, not to exceed 20 days from the date of issuance of the notice, in a newspaper having a general circulation and published within the county wherein the point of diversion lies. Proof of publication shall be by copy of the notice as published and made part of an affidavit filed with the board within 10 days of publication. (b) In all other cases, unless the permit is to be in effect less than 10 days: (1) The applicant or permittee shall post the notice in at least two conspicuous places in the locality to be affected by the diversion and use. Notices shall be posted not later than two days after receipt of the notice by the applicant or permittee. An affidavit containing proof of posting shall be filed with the board within seven days of the date of notice. (2) The board shall send a copy of the notice by registered mail to each person who, in the judgment of the board, could be adversely affected by the temporary diversion and use. (c) Regardless of the rate of diversion or the amount of storage, if the permit is to be in effect less than 10 days, the board shall exercise its discretion with respect to requiring notice, both before and after issuance of the temporary permit, and may require such proof of notice as it deems appropriate. (d) Any interested person may file objection to the temporary diversion and use with the board and shall send a copy to the applicant or permittee. (e) The board shall give prompt consideration to any objection, and may hold a hearing thereon, after notice to all interested persons. (f) Failure of the permittee to comply with any requirement of this section shall result in the automatic termination of the temporary permit. (Amended by Stats. 1978, Ch. 563.)
  36. 1429.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 1. Temporary Urgency Permits [1425 - 1431] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 4. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 1. Temporary Urgency Permits [1425 - 1431] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 4. ) ## 1429. The board shall supervise diversion and use of water under the temporary permit for the protection of all lawful users of waters and instream beneficial uses and for compliance with permit conditions. (Amended by Stats. 1986, Ch. 455, Sec. 3.)
  37. 1430.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 1. Temporary Urgency Permits [1425 - 1431] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 4. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 1. Temporary Urgency Permits [1425 - 1431] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 4. ) ## 1430. A temporary permit issued under this article shall not result in the creation of a vested right, even of a temporary nature, but shall be subject at all times to modification or revocation in the discretion of the board. The authorization to divert and use water under a temporary permit shall automatically expire 180 days after the authorization takes effect, unless an earlier date is specified or the temporary permit is revoked. The 180-day period does not include any time required for monitoring, reporting, or mitigation before or after the authorization to divert or use water under the temporary permit. If the temporary permit authorizes diversion to storage, the 180-day period is a limitation on the authorization to divert and not a limitation on the authorization for beneficial use of water diverted to storage. (Amended by Stats. 2019, Ch. 678, Sec. 6. (AB 658) Effective January 1, 2020.)
  38. 1431.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 1. Temporary Urgency Permits [1425 - 1431] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 4. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 1. Temporary Urgency Permits [1425 - 1431] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 4. ) ## 1431. A temporary permit issued under this article may be renewed by the board. Requests for renewals shall be processed in the manner provided by this article, except that the permittee shall not be required to file duplicate maps, drawings, or other data if they were furnished with the original application. Each such renewal shall be valid for a period not to exceed 180 days from the date of renewal. (Amended by Stats. 2019, Ch. 678, Sec. 7. (AB 658) Effective January 1, 2020.)
  39. 1433.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 2. Temporary Permits for Diversion to Underground Storage [1433 - 1433.6] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 8. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 2. Temporary Permits for Diversion to Underground Storage [1433 - 1433.6] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 8. ) ## 1433. (a) Unless the context otherwise requires, the following definitions govern the construction of this article: (1) “Basin” has the same meaning as defined in Section 10721. (2) “Groundwater sustainability agency” has the same meaning as defined in Section 10721. (3) “Local agency” has the same meaning as defined in Section 10721. (b) This article shall not apply to diversions within the groundwater basins identified in paragraph (24) of subdivision (a) of, or subdivision (c) of, Section 10720.8. (Added by Stats. 2019, Ch. 678, Sec. 8. (AB 658) Effective January 1, 2020.)
  40. 1433.1.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 2. Temporary Permits for Diversion to Underground Storage [1433 - 1433.6] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 8. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 2. Temporary Permits for Diversion to Underground Storage [1433 - 1433.6] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 8. ) ## 1433.1. (a) A groundwater sustainability agency or a local agency, whether or not an applicant, permittee, or licensee under provisions of this division other than this article, may apply for, and the board may issue, a conditional temporary permit for diversion of surface water to underground storage for beneficial use that advances the sustainability goal of a groundwater basin under Part 2.74 (commencing with Section 10720) of Division 6, without complying with other procedures or provisions of this division, subject to all requirements of this article. An application may be filed under this article whether or not there is an adopted groundwater sustainability plan, an interim plan, or an alternative under Section 10733.6 for the basin. (b) Before issuing a permit pursuant to this article, the board shall make all of the following findings based upon a preponderance of the evidence: (1) The proposed diversion is to underground storage for beneficial use consistent with subdivision (a). (2) The water may be diverted and used without injury to any lawful user of water, including the user’s ability to meet water quality objectives. This finding may be satisfied by demonstrating both of the following: (A) The proposed diversion to underground storage will occur only when both of the following conditions are satisfied: (i) Flow in the source waterbody exceeds the claims of all known legal users who divert water downstream of the proposed point of diversion. (ii) Unregulated flow in the source waterbody will be sufficient below the proposed point of diversion to meet instream flow requirements and water quality objectives. (B) To prevent injury to existing legal users of water, storage and extraction from storage in the basin under the proposed permit will be subject to accounting methods and reporting requirements established by any of the following: (i) A groundwater sustainability plan. (ii) An interim plan. (iii) An alternative approved pursuant to Section 10733.6. (iv) The board, in applying conditions to the permit. (3) The water may be diverted and used without unreasonable effect upon fish, wildlife, or other instream beneficial uses. If the permit does not include a condition proposed by the Department of Fish and Wildlife under paragraph (2) of subdivision (c) of Section 1433.2, the board shall include in the findings an explanation of why the condition is not included. (4) The proposed diversion and use are in the public interest, including findings to support permit conditions imposed to ensure that the water is diverted and used in the public interest. (5) If there is an adopted groundwater sustainability plan, an interim plan, or an alternative under Section 10733.6 for the basin, the proposed diversion to underground storage is consistent with that plan or alternative. (c) The board may delegate to any officer or employee of the board all or any of its functions under this article, as provided in Section 7. (Added by Stats. 2019, Ch. 678, Sec. 8. (AB 658) Effective January 1, 2020.)
  41. 1433.2.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 2. Temporary Permits for Diversion to Underground Storage [1433 - 1433.6] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 8. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 2. Temporary Permits for Diversion to Underground Storage [1433 - 1433.6] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 8. ) ## 1433.2. (a) The application for a temporary permit shall be completed in accordance with Section 1260 and shall be accompanied by any maps, drawings, and other data that may be required by the board. (b) (1) An applicant shall pay an application fee and, if a permit is issued, a permit fee, both in amounts calculated in accordance with the provisions of Chapter 8 (commencing with Section 1525). (2) Consistent with Section 3 of Article XIII A of the California Constitution and the board’s authority to set fees to promote the conservation and utilization of water resources in the public interest, the board may adopt reduced fees under Chapter 8 (commencing with Section 1525) for applications, petitions, and permits under this article. (c) In addition to subdivisions (a) and (b), an application shall include all of the following: (1) Evidence that the applicant has completed any environmental review required by, or the project is exempt from, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). To the extent funding is available, the board shall review and comment on any notice of preparation or draft environmental document for a project subject to approval under this article, and include in the board’s comments identification of any instream beneficial uses of waters of the state that may be affected by the project. This paragraph is not a limitation on the authority of the board under any other law. (2) A notification from the Department of Fish and Wildlife that the applicant has consulted with the Department of Fish and Wildlife at least 30 days before submission of the application. If the Department of Fish and Wildlife determines that it needs additional time for review, it may provide for a longer consultation period, not to exceed 60 days. The notification shall include a copy of any conditions proposed by the Department of Fish and Wildlife. (3) (A) Except as provided in subparagraph (B), a water availability analysis that quantifies, under a range of foreseeable hydrologic conditions, the amount of unappropriated water available considering all known legal users who divert water hydrologically connected to the proposed point of diversion, effects on beneficial uses, including instream beneficial uses, and the ability to meet water quality objectives. (B) A simplified water availability analysis, if the applicant proposes to divert water only when flow in the source waterbody exceeds an established or calculated flood stage, or if the applicant requests board consideration of a simplified water availability analysis prior to submittal of the application, and the deputy director finds that a simplified water availability analysis is sufficient for the board to make the findings required by subdivision (b) of Section 1433.1. (4) A proposed accounting method for storage and extraction of water diverted under the permit that is either of the following: (A) Certified to be consistent with the groundwater sustainability plan or alternative approved pursuant to Section 10733.6 by the groundwater sustainability agency for the basin where the water is proposed to be stored or the local agency responsible for implementing the approved alternative. (B) If there is no applicable groundwater sustainability plan or alternative approved pursuant to Section 10733.6, adequate to demonstrate beneficial use of water under the proposed permit and not inconsistent with the department’s standards in Section 356.2 of Title 23 of the California Code of Regulations. (Added by Stats. 2019, Ch. 678, Sec. 8. (AB 658) Effective January 1, 2020.)
  42. 1433.3.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 2. Temporary Permits for Diversion to Underground Storage [1433 - 1433.6] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 8. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 2. Temporary Permits for Diversion to Underground Storage [1433 - 1433.6] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 8. ) ## 1433.3. (a) As soon as practicable after the receipt of an application, the board shall issue and deliver to the applicant a notice of the application that includes the information required by Section 1301 and a list of persons who, in the judgment of the board, could be adversely affected by the temporary diversion and use. The board shall post the notice to its internet website within 10 days of issuing the notice to the applicant. (b) The applicant shall provide notice by registered or electronic mail to each person on the list of interested persons provided by the board and the list of interested persons maintained by any groundwater sustainability agency or local agency for the basin where the water is proposed to be stored. The applicant shall provide proof of notice to the board. (c) Any interested person may file an objection to the temporary diversion and use with the board within 30 days of the mailing of the notice by the applicant. A person filing an objection shall send a copy to the applicant. (d) The board shall consider an objection, and may hold a hearing on the objection after notice to all interested persons, before acting upon an application for a permit. (Added by Stats. 2019, Ch. 678, Sec. 8. (AB 658) Effective January 1, 2020.)
  43. 1433.4.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 2. Temporary Permits for Diversion to Underground Storage [1433 - 1433.6] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 8. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 2. Temporary Permits for Diversion to Underground Storage [1433 - 1433.6] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 8. ) ## 1433.4. The board shall supervise diversion and use of water under a permit issued under this article for the protection of all lawful users of water, for protection of beneficial uses, including instream beneficial uses, the ability to meet water quality objectives, and for compliance with permit conditions. The permit may require a person who extracts water stored under the permit to comply with regulatory and permitting requirements for groundwater extraction set by the groundwater sustainability plan or alternative approved pursuant to Section 10733.6 for the basin. (Added by Stats. 2019, Ch. 678, Sec. 8. (AB 658) Effective January 1, 2020.)
  44. 1433.5.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 2. Temporary Permits for Diversion to Underground Storage [1433 - 1433.6] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 8. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 2. Temporary Permits for Diversion to Underground Storage [1433 - 1433.6] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 8. ) ## 1433.5. A permit issued under this article shall not result in the creation of a vested right, even of a temporary nature. The permit is subject, at all times, to modification or revocation at the discretion of the board, after the permittee has adequate notice and an adequate opportunity to be heard concerning any proposed modification or revocation. The authorization to divert and use water under the permit shall automatically expire five years after the authorization takes effect, unless an earlier date is specified or the temporary permit is revoked, and shall be junior in priority to any subsequent appropriation not subject to this chapter. The five-year period does not include any time required for monitoring, reporting, or mitigation before or after the authorization to divert or use water under the permit. The five-year period is a limitation on the authorization to divert and not a limitation on the authorization for beneficial use of the water diverted to underground storage. (Added by Stats. 2019, Ch. 678, Sec. 8. (AB 658) Effective January 1, 2020.)
  45. 1433.6.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 2. Temporary Permits for Diversion to Underground Storage [1433 - 1433.6] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 8. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.5. Temporary Permits [1425 - 1433.6] ( Chapter 6.5 added by Stats. 1973, Ch. 536. ) ## ARTICLE 2. Temporary Permits for Diversion to Underground Storage [1433 - 1433.6] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 8. ) ## 1433.6. The board may renew a permit issued under this article if the board, in its judgment, concludes that the applicant has exercised due diligence in applying for a permit pursuant to provisions of this division, other than this chapter, and in pursuing that application once it is filed. The board shall process a request for a renewal of a permit issued under this article pursuant to this article. The board may request the permittee to file maps, drawings, or other data furnished with the original application for the permit. Each renewal of a permit issued under this article shall be valid for a period not to exceed five years from the date of renewal. (Added by Stats. 2019, Ch. 678, Sec. 8. (AB 658) Effective January 1, 2020.)
  46. 1435.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 1. Temporary Urgency Changes [1435 - 1442] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 10. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 1. Temporary Urgency Changes [1435 - 1442] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 10. ) ## 1435. (a) Any permittee or licensee who has an urgent need to change a point of diversion, place of use, or purpose of use from that specified in the permit or license may petition for, and the board may issue, a conditional, temporary change order without complying with other procedures or provisions of this division, but subject to all requirements of this article. (b) Prior to issuing a change order pursuant to this article, the board shall make all of the following findings: (1) The permittee or licensee has an urgent need to make the proposed change. (2) The proposed change may be made without injury to any other lawful user of water. (3) The proposed change may be made without unreasonable effect upon fish, wildlife, or other instream beneficial uses. (4) The proposed change is in the public interest, including findings to support change order conditions imposed to ensure that the change is in the public interest, and may be made without injury to any other lawful user of the water, and without unreasonable effect upon fish, wildlife, and other instream beneficial uses. (c) “Urgent need,” for the purposes of this article, means the existence of circumstances from which the board may in its judgment conclude that the proposed temporary change is necessary to further the constitutional policy that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that waste of water be prevented; except that the board shall not find a petitioner’s need to be urgent if the board in its judgment concludes, if applicable, that the petitioner has not exercised due diligence either (1) in petitioning for a change pursuant to provisions of this division other than this article, or (2) in pursuing that petition for change. (d) The board may delegate to any officer or employee of the board all or any of its functions under this article, as provided in Section 7. (Amended by Stats. 2019, Ch. 678, Sec. 11. (AB 658) Effective January 1, 2020.)
  47. 1436.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 1. Temporary Urgency Changes [1435 - 1442] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 10. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 1. Temporary Urgency Changes [1435 - 1442] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 10. ) ## 1436. The petition for a temporary change order shall be completed in accordance with the rules of the board, and the petitioner shall pay the fee required by Chapter 8 (commencing with Section 1525). (Added by Stats. 1982, Ch. 867, Sec. 6.)
  48. 1437.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 1. Temporary Urgency Changes [1435 - 1442] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 10. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 1. Temporary Urgency Changes [1435 - 1442] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 10. ) ## 1437. Before making the findings required by Section 1435, the board shall review available records, files, and decisions that relate to the rights of other legal users of water, consult with representatives of the Department of Fish and Wildlife, and make a field investigation if the investigation is necessary or desirable in the opinion of the board. (Amended by Stats. 2015, Ch. 683, Sec. 55. (SB 798) Effective January 1, 2016.)
  49. 1438.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 1. Temporary Urgency Changes [1435 - 1442] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 10. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 1. Temporary Urgency Changes [1435 - 1442] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 10. ) ## 1438. (a) The board may issue a temporary change order in advance of the notice required by this section. In all cases, whether or not a temporary change order has been issued, the board shall, as soon as practicable after the receipt of a petition, issue and deliver to the permittee or licensee a notice of the change order which includes the information required by the rules of the board. (b) Publication or posting of the notice shall be as follows: (1) If the permit or license is for more than three cubic feet per second or for more than 200 acre-feet of storage, and if the change order is to remain in effect for more than 30 days, the notice shall be published by, and at the expense of, the permittee or licensee at the earliest practicable time, not to exceed 20 days from the date of issuance of the notice, in a newspaper having a general circulation and published within the county wherein the point of diversion lies. Proof of publication shall be by copy of the notice as published and made part of an affidavit filed with the board within 10 days of publication. (2) In all other cases, unless the change order is to be in effect less than 10 days: (A) The permittee or licensee shall post the notice in at least two conspicuous places in the locality to be affected by the change. Notices shall be posted not later than two days after receipt. An affidavit containing proof of posting shall be filed with the board within seven days of the date of notice. (B) The board shall send a copy of the notice by registered mail to each person who, in the judgment of the board, could be adversely affected by the temporary change. (c) Regardless of the rate of diversion or the amount of storage, if the change order is to be in effect less than 10 days, the board shall exercise its discretion with respect to requiring notice, both before and after issuance of the change order, and may require such proof of notice as it deems appropriate. (d) Any interested person may file an objection to the temporary change with the board, and the board shall send a copy of that objection to the permittee or licensee. (e) The board shall give prompt consideration to any objection, and may hold a hearing thereon, after notice to all interested persons. (f) Failure of the permittee or licensee to comply with any requirement of this section shall result in the automatic termination of the temporary change. (Added by Stats. 1982, Ch. 867, Sec. 6.)
  50. 1439.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 1. Temporary Urgency Changes [1435 - 1442] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 10. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 1. Temporary Urgency Changes [1435 - 1442] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 10. ) ## 1439. The board shall supervise diversion and use of water under the temporary change order for the protection of all other lawful users of water and instream beneficial uses and for compliance with change order conditions. (Amended by Stats. 1986, Ch. 455, Sec. 6.)
  51. 144.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 144. (a) Upon an appropriation of funds by the Legislature for the purposes of this section, the department and the board shall develop a plan to deploy a network of stream gages that includes a determination of funding needs and opportunities for modernizing and reactivating existing gages and deploying new gages in priority locations across hydrologic regions in the state, including reference sites. (b) The department and the board, in consultation with the Department of Fish and Wildlife, the Department of Conservation, the Central Valley Flood Protection Board, interested stakeholders, and, to the extent they wish to consult, local agencies, shall develop the plan to address significant gaps in information necessary for water management and the conservation of freshwater species. (c) This section does not expand the authority of the board or the department to require the installation or modification of a stream gage. (d) The department and the board shall give priority in the plan to placing or modernizing and reactivating stream gages where lack of data contributes to conflicts in water management or where water can be more effectively managed for multiple benefits, including, but not limited to, the following benefits: (1) Water supply management. (2) Flood management. (3) Water quality management. (4) Ecosystem management. (e) Other criteria to be considered by the department and the board in developing the plan include all of the following: (1) Opportunities for local agencies to enter cost-share arrangements to install or maintain the stream gage. (2) Ease of integrating the stream gage into the existing network. (3) Availability of historic gage data for specific locations. (4) Availability of temperature data for specific locations. (5) Degree of water quality and flow impacts related to cannabis cultivation. (6) Integration with the Open and Transparent Water Data Act (Part 4.9 (commencing with Section 12400) of Division 6). (7) Ability to provide data to assist with groundwater management. (Added by Stats. 2019, Ch. 361, Sec. 2. (SB 19) Effective January 1, 2020.)
  52. 1440.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 1. Temporary Urgency Changes [1435 - 1442] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 10. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 1. Temporary Urgency Changes [1435 - 1442] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 10. ) ## 1440. A temporary change order issued under this article shall not result in the creation of a vested right, even of a temporary nature, but shall be subject at all times to modification or revocation in the discretion of the board. The authorization to divert and use water under a temporary change order shall automatically expire 180 days after the authorization takes effect, unless an earlier date is specified or the temporary change order is revoked. The 180-day period does not include any time required for monitoring, reporting, or mitigation before or after the authorization to divert or use water under the temporary change order. If the temporary change order authorizes diversion to storage, the 180-day period is a limitation on the authorization to divert and not a limitation on the authorization for beneficial use of water diverted to storage. (Amended by Stats. 2019, Ch. 678, Sec. 12. (AB 658) Effective January 1, 2020.)
  53. 1441.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 1. Temporary Urgency Changes [1435 - 1442] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 10. )

    Verify source ↗

    The board may renew a temporary change order, and renewal requests are processed under the chapter’s normal process. A permittee or licensee does not have to resubmit duplicate maps, drawings, or other data if those were already filed with the original petition.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 1. Temporary Urgency Changes [1435 - 1442] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 10. ) ## 1441. A temporary change order issued under this article may be renewed by the board. Requests for renewal shall be processed in the manner provided by this chapter except that the permittee or licensee shall not be required to file duplicate maps, drawings, or other data if they were furnished with the original petition. Each such renewal shall be valid for a period not to exceed 180 days from the date of renewal. (Amended by Stats. 2019, Ch. 678, Sec. 13. (AB 658) Effective January 1, 2020.)
  54. 1442.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 1. Temporary Urgency Changes [1435 - 1442] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 10. )

    Verify source ↗

    This article does not apply to permittees or licensees petitioning for a temporary change under Chapter 10.5.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 1. Temporary Urgency Changes [1435 - 1442] ( Article 1 heading added by Stats. 2019, Ch. 678, Sec. 10. ) ## 1442. This article shall not apply to any permittee or licensee petitioning for a temporary change pursuant to Chapter 10.5 (commencing with Section 1725). (Amended by Stats. 2019, Ch. 678, Sec. 14. (AB 658) Effective January 1, 2020.)
  55. 1443.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 2. Temporary Changes for Diversion to Underground Storage [1443 - 1443.7] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 15. )

    Verify source ↗

    This article defines “Basin,” “Groundwater sustainability agency,” and “Local agency” by cross-reference, and it does not apply to certain diversions within specified groundwater basins.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 2. Temporary Changes for Diversion to Underground Storage [1443 - 1443.7] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 15. ) ## 1443. (a) Unless the context otherwise requires, the following definitions govern the construction of this article: (1) “Basin” has the same meaning as defined in Section 10721. (2) “Groundwater sustainability agency” has the same meaning as defined in Section 10721. (3) “Local agency” has the same meaning as defined in Section 10721. (b) This article shall not apply to diversions within the groundwater basins identified in paragraph (24) of subdivision (a) of, or subdivision (c) of, Section 10720.8. (Added by Stats. 2019, Ch. 678, Sec. 15. (AB 658) Effective January 1, 2020.)
  56. 1443.1.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 2. Temporary Changes for Diversion to Underground Storage [1443 - 1443.7] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 15. )

    Verify source ↗

    Certain groundwater sustainability agencies and local agencies may petition for a conditional temporary change order, and the board may issue one for diversion of surface water to underground storage if the article’s findings and requirements are met.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 2. Temporary Changes for Diversion to Underground Storage [1443 - 1443.7] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 15. ) ## 1443.1. (a) A groundwater sustainability agency or a local agency that is a permittee or a licensee under provisions of this division other than this article, may petition for, and the board may issue, a conditional temporary change order that authorizes the diversion of surface water to underground storage for beneficial use that advances the sustainability goal of a groundwater basin under Part 2.74 (commencing with Section 10720) of Division 6, without complying with other procedures or provisions of this division, subject to all requirements of this article. (b) Before issuing a change order pursuant to this article, the board shall make all of the following findings based upon a preponderance of the evidence: (1) The proposed change is for diversion to underground storage for beneficial use consistent with subdivision (a). (2) The proposed change does not increase the amount of water the petitioner is authorized to use, enlarge the authorized season of diversion, authorize diversion from a new source, or otherwise in effect initiate a new right. (3) The proposed change may be made without injury to any other lawful user of water, including the user’s ability to meet water quality objectives. This finding may be satisfied by demonstrating both of the following: (A) The proposed diversion to underground storage will occur only when flow in the source waterbody exceeds the claims of all known legal users who divert water downstream of the proposed point of diversion. (B) Storage and extraction from storage in the basin under the proposed change will be subject to accounting methods and reporting requirements established by any of the following: (i) A groundwater sustainability plan. (ii) An interim plan. (iii) An alternative approved pursuant to Section 10733.6. (iv) The board, in applying conditions to the temporary change. (4) The proposed change may be made without unreasonable effect upon fish, wildlife, or other instream beneficial uses. If the permit does not include a condition proposed by the Department of Fish and Wildlife under paragraph (2) of subdivision (c) of Section 1443.2, the board shall include in the findings an explanation of why the condition is not included. (5) The proposed change is in the public interest, including findings to support change order conditions imposed to ensure that the water is diverted and used in the public interest, without injury to any lawful user of water, and without unreasonable effect upon fish, wildlife, and other instream beneficial uses. (6) If there is an adopted groundwater sustainability plan, an interim plan, or an alternative under Section 10733.6 for the basin, the proposed diversion to underground storage is consistent with that plan or alternative. (c) The board may delegate to any officer or employee of the board all or any of its functions under this article, as provided in Section 7. (Added by Stats. 2019, Ch. 678, Sec. 15. (AB 658) Effective January 1, 2020.)
  57. 1443.2.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 2. Temporary Changes for Diversion to Underground Storage [1443 - 1443.7] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 15. )

    Verify source ↗

    A petition for a temporary change order must follow board rules, include specific supporting materials, and usually show environmental review, a fish-and-wildlife consultation notice, and an accounting method for diverted water.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 2. Temporary Changes for Diversion to Underground Storage [1443 - 1443.7] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 15. ) ## 1443.2. (a) The petition for a temporary change order shall be completed in accordance with the rules of the board that specify the information and maps to be included in a petition for change. (b) (1) A petitioner for a change order shall pay a fee calculated in accordance with the provisions of Chapter 8 (commencing with Section 1525). (2) Consistent with Section 3 of Article XIII A of the California Constitution and the board’s authority to set fees to promote the conservation and utilization of water resources in the public interest, the board may adopt reduced fees under Chapter 8 (commencing with Section 1525) for applications, petitions, and change orders under this article. (c) In addition to subdivisions (a) and (b), a petition shall include all of the following: (1) Evidence that the petitioner has completed any environmental review required by, or the project is exempt from, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). To the extent funding is available, the board shall review and comment on any notice of preparation or draft environmental document for a project subject to approval under this article, and include in the board’s comments identification of any instream beneficial uses of waters of the state that may be affected by the project. This paragraph is not a limitation on the authority of the board under any other law. (2) A notification from the Department of Fish and Wildlife that the petitioner has consulted with the Department of Fish and Wildlife at least 30 days before submission of the petition. If the Department of Fish and Wildlife determines that it needs additional time for review, it may provide for a longer consultation period, not to exceed 60 days. The notification shall include a copy of any conditions proposed by the Department of Fish and Wildlife. (3) A proposed accounting method for storage and extraction of water diverted under the change order that is either of the following: (A) Certified to be consistent with the groundwater sustainability plan or alternative approved pursuant to Section 10733.6 by the groundwater sustainability agency for the basin where the water is proposed to be stored or the local agency responsible for implementing the approved alternative. (B) If there is no applicable groundwater sustainability plan or alternative approved pursuant to Section 10733.6, adequate to demonstrate beneficial use of water under the proposed change order and not inconsistent with the department’s standards in Section 356.2 of Title 23 of the California Code of Regulations. (Added by Stats. 2019, Ch. 678, Sec. 15. (AB 658) Effective January 1, 2020.)
  58. 1443.3.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 2. Temporary Changes for Diversion to Underground Storage [1443 - 1443.7] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 15. )

    Verify source ↗

    The board must notify the petitioner and affected persons after a temporary change petition is received, and the petitioner must notify listed interested persons and prove notice to the board.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 2. Temporary Changes for Diversion to Underground Storage [1443 - 1443.7] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 15. ) ## 1443.3. (a) As soon as practicable after the receipt of a petition for a temporary change order, the board shall issue and deliver to the petitioner a notice of the petition and a list of persons who, in the judgment of the board, could be adversely affected by the temporary change. The board shall post the notice to its internet website within 10 days of issuing the notice to the petitioner. (b) The petitioner shall provide notice by registered or electronic mail to each person on the list of interested persons provided by the board and the list of interested persons maintained by any groundwater sustainability agency or local agency for the basin where the water is proposed to be stored. The petitioner shall provide proof of notice to the board. (c) Any interested person may file an objection to the temporary diversion and use with the board within 30 days of the mailing of the notice by the petitioner. A person filing an objection shall send a copy to the applicant. (d) The board shall consider an objection, and may hold a hearing on the objection after notice to all interested persons, before acting upon a petition for a temporary change order. (Added by Stats. 2019, Ch. 678, Sec. 15. (AB 658) Effective January 1, 2020.)
  59. 1443.4.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 2. Temporary Changes for Diversion to Underground Storage [1443 - 1443.7] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 15. )

    Verify source ↗

    The board must supervise water diversion and use under a change order, and a change order may require water extractors to follow groundwater permitting rules.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 2. Temporary Changes for Diversion to Underground Storage [1443 - 1443.7] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 15. ) ## 1443.4. The board shall supervise diversion and use of water under a change order issued under this article for the protection of all lawful users of water and instream beneficial uses and for compliance with change order conditions. The change order may require a person who extracts water stored under the change order to comply with regulatory and permitting requirements for groundwater extraction set by the groundwater sustainability plan or alternative approved pursuant to Section 10733.6 for the basin. (Added by Stats. 2019, Ch. 678, Sec. 15. (AB 658) Effective January 1, 2020.)
  60. 1443.5.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 2. Temporary Changes for Diversion to Underground Storage [1443 - 1443.7] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 15. )

    Verify source ↗

    A change order under this article cannot create a vested right, may be modified or revoked by the board with notice and a hearing opportunity, and the water-use authorization normally expires after five years.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 2. Temporary Changes for Diversion to Underground Storage [1443 - 1443.7] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 15. ) ## 1443.5. A change order issued under this article shall not result in the creation of a vested right, even of a temporary nature. The change order is subject, at all times, to modification or revocation at the discretion of the board, after the permittee or licensee has adequate notice and an adequate opportunity to be heard concerning any proposed modification or revocation. The authorization to divert and use water under the change order shall automatically expire five years after the authorization takes effect, unless an earlier date is specified or the temporary change order is revoked, and shall be junior in priority to any subsequent appropriation not subject to this chapter. The five-year period does not include any time required for monitoring, reporting, or mitigation before or after the authorization to divert or use water under the change order. The five-year period is a limitation on the authorization to divert and not a limitation on the authorization for beneficial use of the water diverted to underground storage. (Added by Stats. 2019, Ch. 678, Sec. 15. (AB 658) Effective January 1, 2020.)
  61. 1443.6.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 2. Temporary Changes for Diversion to Underground Storage [1443 - 1443.7] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 15. )

    Verify source ↗

    The board may renew certain change orders, must process renewal requests, and may ask the petitioner for supporting materials.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 2. Temporary Changes for Diversion to Underground Storage [1443 - 1443.7] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 15. ) ## 1443.6. The board may renew a change order issued under this article if the board, in its judgment, concludes that the petitioner has exercised due diligence in applying for a change pursuant to provisions of this division, other than this chapter, and in pursuing that petition once it is filed. The board shall process a request for a renewal of a change order issued under this article pursuant to this article. The board may request the petitioner to file maps, drawings, or other data furnished with the original petition for the change order. Each renewal of a change order issued under this article shall be valid for a period not to exceed five years from the date of renewal. (Added by Stats. 2019, Ch. 678, Sec. 15. (AB 658) Effective January 1, 2020.)
  62. 1443.7.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 2. Temporary Changes for Diversion to Underground Storage [1443 - 1443.7] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 15. )

    Verify source ↗

    This article does not apply to a permittee or licensee petitioning for a temporary change under Chapter 10.5.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 6.6. Temporary Changes [1435 - 1443.7] ( Heading of Chapter 6.6 amended by Stats. 2019, Ch. 678, Sec. 9. ) ## ARTICLE 2. Temporary Changes for Diversion to Underground Storage [1443 - 1443.7] ( Article 2 added by Stats. 2019, Ch. 678, Sec. 15. ) ## 1443.7. This article does not apply to any permittee or licensee petitioning for a temporary change pursuant to Chapter 10.5 (commencing with Section 1725). (Added by Stats. 2019, Ch. 678, Sec. 15. (AB 658) Effective January 1, 2020.)
  63. 1450.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. Priorities [1450 - 1491] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Priority of Application [1450- 1450.] ( Article 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    A properly made water application gives the applicant priority from the application date until the application is approved or rejected.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. Priorities [1450 - 1491] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Priority of Application [1450- 1450.] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1450. Any application properly made gives to the applicant a priority of right as of the date of the application until such application is approved or rejected. Such priority continues only so long as the provisions of law and the rules and regulations of the board are followed by the applicant. (Amended by Stats. 1957, Ch. 1932.)
  64. 1455.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. Priorities [1450 - 1491] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Effect of Issuance of Permit [1455- 1455.] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    A permit keeps the water-right priority based on the application date and allows the permittee to take and use the water amount stated in the permit until a license is issued or the permit is revoked.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. Priorities [1450 - 1491] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Effect of Issuance of Permit [1455- 1455.] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1455. The issuance of a permit continues in effect the priority of right as of the date of the application and gives the right to take and use the amount of water specified in the permit until the issuance of a license for the use of the water or until the permit is revoked. (Amended by Stats. 1969, Ch. 1087.)
  65. 1460.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. Priorities [1450 - 1491] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Preferred Priorities of Municipalities [1460 - 1464] ( Article 3 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    A municipality’s permit application to use water for domestic purposes gets priority, even if it was not filed first.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. Priorities [1450 - 1491] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Preferred Priorities of Municipalities [1460 - 1464] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 1460. The application for a permit by a municipality for the use of water for the municipality or the inhabitants thereof for domestic purposes shall be considered first in right, irrespective of whether it is first in time. (Enacted by Stats. 1943, Ch. 368.)
  66. 1461.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. Priorities [1450 - 1491] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Preferred Priorities of Municipalities [1460 - 1464] ( Article 3 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    A municipality’s water permit does not allow water to be used for non-municipal purposes.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. Priorities [1450 - 1491] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Preferred Priorities of Municipalities [1460 - 1464] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 1461. The application for, or the granting of, a permit to any municipality to appropriate water does not authorize the appropriation of any water for other than municipal purposes. (Enacted by Stats. 1943, Ch. 368.)
  67. 1462.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. Priorities [1450 - 1491] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Preferred Priorities of Municipalities [1460 - 1464] ( Article 3 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    A board may issue temporary permits for the excess water a municipality is allowed to appropriate above its existing needs, while the full appropriation is still being put to beneficial use.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. Priorities [1450 - 1491] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Preferred Priorities of Municipalities [1460 - 1464] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 1462. Where permission to appropriate is granted to any municipality for any quantity of water in excess of the existing municipal needs therefor, the board may, pending the application to beneficial use of the entire appropriation permitted, issue permits for the temporary appropriation of the excess of the permitted appropriation over and above the quantity being applied to beneficial use from time to time by the municipality. (Amended by Stats. 1957, Ch. 1932.)
  68. 1463.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. Priorities [1450 - 1491] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Preferred Priorities of Municipalities [1460 - 1464] ( Article 3 enacted by Stats. 1943, Ch. 368. )

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    A municipality may use additional water granted in its application only if it makes just compensation for facilities that are rendered valueless for that use.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. Priorities [1450 - 1491] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Preferred Priorities of Municipalities [1460 - 1464] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 1463. When the municipality desires to use the additional water granted in its application it may do so upon making just compensation for the facilities for taking, conveying, and storing the additional water rendered valueless for said purposes to the person who constructed the facilities. The compensation, if not agreed upon, may be determined in the manner provided by law for determining the value of property taken by eminent domain proceedings. (Enacted by Stats. 1943, Ch. 368.)
  69. 1464.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. Priorities [1450 - 1491] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Preferred Priorities of Municipalities [1460 - 1464] ( Article 3 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board may let a municipality become a public utility for surplus water instead of granting temporary appropriation permits, and that use is subject to the Public Utilities Commission’s jurisdiction and control.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. Priorities [1450 - 1491] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Preferred Priorities of Municipalities [1460 - 1464] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 1464. In lieu of the granting of such temporary permits for appropriation, the board may authorize the municipality to become as to such surplus a public utility, subject to the jurisdiction and control of the Public Utilities Commission of the State for such period from and after the date of the issuance of such permission to appropriate, as may be allowed for the application to municipal uses of the entire appropriation permitted. (Amended by Stats. 1957, Ch. 1932.)
  70. 147.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )

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    The department must prepare and submit a budget report for the State Water Resources Development System to the fiscal committee chairs every year, starting by January 10, 2010.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 147. (a) On or before January 10, 2010, and annually thereafter, the department shall prepare and submit to the chairpersons of the fiscal committees of the Legislature a report with regard to the budget for the State Water Resources Development System. (b) The department shall include in the report all of the following information: (1) A description of the expenditures made, or projected to be made, as applicable, on behalf of the State Water Resources Development System, by program and fund, and of the total revenues expended, or projected to be expended, as applicable, for that system, including each fund source. (2) A description of the positions within the department that carry out functions related to the State Water Resources Development System, and the total number of those positions. (3) A description of any funds, other than funds generated by the State Water Resources Development System, that are expended, or projected to be expended, as applicable, for the State Water Resources Development System, including those funds used for cost-sharing purposes. (4) An itemization of all contracts related to the Bay-Delta Conservation Plan financed, or projected to be financed, as applicable, in full or in part with funds generated by the State Water Resources Development System, including the dollar amount of those contracts and a brief description of the purposes of those contracts. (c) The department shall include in each report information relating to three fiscal years that include the two completed fiscal years that immediately precede the year in which the report is due, along with applicable information for the fiscal year in which the report is due. The department shall prepare the first report required under subdivision (a) for the 2007–08, 2008–09, and 2009–10 fiscal years. (Added by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 27. Effective July 28, 2009.)
  71. 147.1.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )

    Verify source ↗

    The department must prepare, submit, and post an annual detailed accounting for covered public works projects by August 1 each year.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 147.1. (a) By August 1 of each year, the department shall prepare and submit to the Legislature, and post on the department’s internet website, a detailed accounting for each public works project undertaken by the department using the project delivery methods authorized by Article 1.1 (commencing with Section 10112) and Article 6.5 (commencing with Section 10200) of Chapter 1 of Part 2 of Division 2 of the Public Contract Code. The accounting shall include all of the following: (1) The total number of state-employed staff, including engineers and related positions, utilized by the department to design, inspect, and manage the project. (2) The average annual cost per state staff position utilized to perform work related to the project in the applicable fiscal years. In calculating the total and per-state-staff cost, the department shall use staff salaries and benefits, and other direct costs that can be attributed solely to the performance of state staff services, that would otherwise be incurred by the department. (3) The total number of consultant personnel year-equivalent consultant positions utilized by the department to design, construct, and manage the project. (4) The average, annual, per personnel year-equivalent cost of consultant positions utilized to perform work related to the project in the applicable fiscal year. In calculating the total and per-consultant cost to the department of utilizing a personnel-year equivalent consulting position, the department shall use the cost of procuring the services under the contract, including the price of the contract, the cost to the department of negotiating and awarding the contract, and the cost to the department of supervising, monitoring, and overseeing the services to be performed under the contract. (5) A list of all department contracts issued, for a project described in this subdivision, for the two completed fiscal years that immediately precede the year in which the report is due, along with an estimate for the fiscal year in which the report is due. This shall include all of the following: (A) The dollar amount of the contract. (B) A brief description of the purpose of the contract. (C) The estimated timeline for completion of the project. (b) The accounting to be submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (c) This section shall remain in effect only until January 1, 2034, and as of that date is repealed. (Added by Stats. 2021, Ch. 247, Sec. 5. (SB 626) Effective January 1, 2022. Repealed as of January 1, 2034, by its own provisions.)
  72. 147.3.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )

    Verify source ↗

    The department must conduct a voluntary statewide survey of local regional water supply projects and post the results on its website by July 1, 2015.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 147.3. (a) (1) The department shall conduct a voluntary statewide survey of local regional water supply projects and post the results of the survey on the department’s Internet Web site by July 1, 2015. (2) For purposes of complying with paragraph (1), the department may use any other survey that it conducted in conjunction with other agencies or third parties. (b) The survey information posted on the department’s Internet Web site pursuant to subdivision (a) shall include, but not be limited to, all of the following: (1) The projected date for a project to complete the permit process and subsequently commence operations. (2) The cost of the project. (3) The projected additional acre feet of water realized on an annual basis. (Added by Stats. 2014, Ch. 838, Sec. 1. (SB 1120) Effective January 1, 2015.)
  73. 147.5.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )

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    The department must give the Legislature an informational hearing presentation and send a contract copy to the Joint Legislative Budget Committee before certain long-term water supply contract approvals.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 147.5. At least 60 days prior to the final approval of the renewal or extension of a long-term water supply contract between the department and a state water project contractor, the department shall present at an informational hearing before the Legislature the details of the terms and conditions of the contract and how they serve as a template for the remaining long-term water supply contracts. This presentation shall be made to the Joint Legislative Budget Committee and relevant policy and fiscal committees of both houses, as determined by the Speaker of the Assembly and the Senate Committee on Rules. The department shall submit a copy of one long-term contract to the Joint Legislative Budget Committee no less than 30 days prior to the scheduled hearing. (Added by Stats. 2012, Ch. 39, Sec. 114. (SB 1018) Effective June 27, 2012.)
  74. 148.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )

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    The department must provide construction inspection services for certain water resources projects and monitor safety, compliance, and deficiencies.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 148. (a) The department shall perform construction inspection services for all water resources projects authorized pursuant to Article 6 (commencing with Section 10187) and Article 1.1 (commencing with Section 10112) of Chapter 1 of Part 2 of Division 2 of the Public Contract Code. The department shall use department employees or consultants under contract with the department to perform the services described in this section, consistent with Article XXII of the California Constitution. Construction inspection services performed by the department for those projects include, but are not limited to, material source testing, certification testing, monitoring of environmental compliance, independent quality control testing and inspection, and quality assurance audits. The construction inspection duties and responsibilities of the department shall include a direct reporting relationship between the inspectors and senior department engineers responsible for all inspectors and construction inspection services. The senior department engineer responsible for construction inspection services shall be responsible for the acceptance or rejection of the work. (b) Notwithstanding any other law, the department shall retain the authority to stop the contractor’s operation wholly or in part and take appropriate action when public safety is jeopardized on a water resources-related project authorized pursuant to Article 6 (commencing with Section 10187) and Article 1.1 (commencing with Section 10112) of Chapter 1 of Part 2 of Division 2 of the Public Contract Code. The department shall ensure that public safety and convenience is maintained whenever work is performed under an encroachment permit on state property or within the state right-of-way. The department shall regularly inspect the job sites for safety compliance and any possible deficiencies. If any deficiency is observed, the department shall issue a written notice and the deficiency shall be corrected and documented. (c) “Construction inspection services” as used in this section shall not include surveying work performed as part of a Construction Manager/General Contractor or design-build contract. (d) If any provision or application of this section is held invalid by a court of competent jurisdiction, the department shall post on its internet website within 10 business days of the decision of invalidity that this section has been held invalid. (e) This section is severable. If any provision of this section or the remainder of this article, or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (f) This section shall remain in effect only until January 1, 2033, and as of that date is repealed. (Added by Stats. 2021, Ch. 247, Sec. 6. (SB 626) Effective January 1, 2022. Repealed as of January 1, 2033, by its own provisions.)
  75. 1480.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. Priorities [1450 - 1491] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Applications in Aid of State Water Plan [1480- 1480.] ( Article 5 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    Applications by the Department of Water Resources, and certain Department of Finance applications made before July 5, 1956, receive whatever priority the law now provides or later provides.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. Priorities [1450 - 1491] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Applications in Aid of State Water Plan [1480- 1480.] ( Article 5 enacted by Stats. 1943, Ch. 368. ) ## 1480. An application by the Department of Water Resources, or an application by the Department of Finance prior to July 5, 1956, in aid of any general or coordinated water plan has such priority as is now or may hereafter be provided by law. (Amended by Stats. 1957, Ch. 1932.)
  76. 1485.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. Priorities [1450 - 1491] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Applications by Governmental Agencies Discharging Disposal Water [1485 - 1486] ( Article 6 added by Stats. 1961, Ch. 2143. )

    Verify source ↗

    Certain public entities operating qualifying waste disposal plants may apply for a permit to appropriate water from the San Joaquin River area, and the board may grant the permit on conditions it considers necessary.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. Priorities [1450 - 1491] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Applications by Governmental Agencies Discharging Disposal Water [1485 - 1486] ( Article 6 added by Stats. 1961, Ch. 2143. ) ## 1485. Any municipality, governmental agency, or political subdivision operating waste disposal plants producing disposal water meeting the requirements of the appropriate regional board, and disposing of said water in the San Joaquin River may file an application for a permit to appropriate an equal amount of water, less diminution by seepage, evaporation, transpiration or other natural causes between the point of discharge and the point of recovery, downstream from said disposal plant and out of the San Joaquin River or the Sacramento-San Joaquin Delta. A permit to appropriate such amount of water may be granted by the board upon such terms and conditions as in the board’s judgment are necessary for the protection of the rights of others. Water so appropriated may be sold or utilized for any beneficial purpose. The right to the use of water granted by this section shall not include water flowing in underground streams. The Legislature finds and declares that the problems incident to the full utilization of the waters of the San Joaquin River and the Sacramento-San Joaquin Delta into which it flows, are unique and that a general law cannot be made applicable thereto. (Amended by Stats. 1967, Ch. 284.)
  77. 1486.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. Priorities [1450 - 1491] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Applications by Governmental Agencies Discharging Disposal Water [1485 - 1486] ( Article 6 added by Stats. 1961, Ch. 2143. )

    Verify source ↗

    The sanitation district may apply to appropriate water tied to treated wastewater discharged into the Sacramento River, and the board may grant the permit and set needed conditions.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. Priorities [1450 - 1491] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Applications by Governmental Agencies Discharging Disposal Water [1485 - 1486] ( Article 6 added by Stats. 1961, Ch. 2143. ) ## 1486. (a) The Sacramento Regional County Sanitation District, and any successor thereto, with respect to treated wastewater produced by the sanitation district that meets the requirements of the Central Valley Regional Water Quality Control Board, as may be amended or modified, and that is discharged into the Sacramento River, may file an application for a permit to appropriate an amount of water up to the amount of treated wastewater that is discharged into the Sacramento River, less diminution by seepage, evaporation, transportation, or other natural causes between the point of discharge from its wastewater treatment plant and the point of diversion out of the Sacramento River or the Sacramento-San Joaquin Delta. (b) Upon application for a permit to appropriate water pursuant to subdivision (a), the board may grant the permit subject to the terms and conditions as in the board’s judgment are necessary for the protection of the rights of any legal user of the water. (c) Prior to the board granting a permit under subdivision (b), the board shall comply with the provisions of this part, and other applicable law, and may impose terms and conditions authorized thereunder. (d) Water appropriated in accordance with this section may be sold or utilized for any beneficial purpose. (Amended by Stats. 2012, Ch. 162, Sec. 184. (SB 1171) Effective January 1, 2013.)
  78. 14875.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 22. Graywater Systems [14875 - 14877.3] ( Heading of Chapter 22 amended by Stats. 1995, Ch. 961, Sec. 1. )

    Verify source ↗

    This chapter applies to the construction, installation, or alteration of graywater systems for subsurface irrigation and other safe uses.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 22. Graywater Systems [14875 - 14877.3] ( Heading of Chapter 22 amended by Stats. 1995, Ch. 961, Sec. 1. ) ## 14875. This chapter applies to the construction, installation, or alteration of graywater systems for subsurface irrigation and other safe uses. (Amended by Stats. 1995, Ch. 961, Sec. 2. Effective January 1, 1996.)
  79. 14875.1.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 22. Graywater Systems [14875 - 14877.3] ( Heading of Chapter 22 amended by Stats. 1995, Ch. 961, Sec. 1. )

    Verify source ↗

    “Department” means the Department of Water Resources.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 22. Graywater Systems [14875 - 14877.3] ( Heading of Chapter 22 amended by Stats. 1995, Ch. 961, Sec. 1. ) ## 14875.1. “Department” means the Department of Water Resources. (Added by Stats. 1992, Ch. 226, Sec. 1. Effective January 1, 1993.)
  80. 14876.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 22. Graywater Systems [14875 - 14877.3] ( Heading of Chapter 22 amended by Stats. 1995, Ch. 961, Sec. 1. )

    Verify source ↗

    This section defines “graywater” and lists what it includes and excludes.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 22. Graywater Systems [14875 - 14877.3] ( Heading of Chapter 22 amended by Stats. 1995, Ch. 961, Sec. 1. ) ## 14876. “Graywater” means untreated wastewater which has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and which does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Graywater includes wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs but does not include wastewater from kitchen sinks or dishwashers. (Amended by Stats. 1995, Ch. 961, Sec. 3. Effective January 1, 1996.)
  81. 14877.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 22. Graywater Systems [14875 - 14877.3] ( Heading of Chapter 22 amended by Stats. 1995, Ch. 961, Sec. 1. )

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    This section defines “graywater system” as a system and devices attached to plumbing for the sanitary distribution or use of graywater.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 22. Graywater Systems [14875 - 14877.3] ( Heading of Chapter 22 amended by Stats. 1995, Ch. 961, Sec. 1. ) ## 14877. “Graywater system” means a system and devices, attached to the plumbing system for the sanitary distribution or use of graywater. (Added by Stats. 1992, Ch. 226, Sec. 1. Effective January 1, 1993.)
  82. 14877.1.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 22. Graywater Systems [14875 - 14877.3] ( Heading of Chapter 22 amended by Stats. 1995, Ch. 961, Sec. 1. )

    Verify source ↗

    The department must adopt and update graywater system installation standards, and it must include drip systems among approved subsurface irrigation methods.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 22. Graywater Systems [14875 - 14877.3] ( Heading of Chapter 22 amended by Stats. 1995, Ch. 961, Sec. 1. ) ## 14877.1. (a) The department, in consultation with the State Department of Public Health and the Center for Irrigation Technology at California State University, Fresno, shall adopt standards for the installation of graywater systems. In adopting these standards, the department shall consider, among other resources, “Appendix J,” as adopted on September 29, 1992, by the International Association of Plumbing and Mechanical Officials, the graywater standard proposed for the latest edition of the Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials, the City of Los Angeles Graywater Pilot Project Final Report issued in November 1992, and the advice of the Center for Irrigation Technology at California State University, Fresno, on the installation depth for subsurface drip irrigation systems. (b) The department shall include among the approved methods of subsurface irrigation, but the approved methods shall not be limited to, drip systems. (c) The department shall revise its graywater systems standards as needed. (d) (1) The authority of the department under this chapter to adopt standards for residential buildings shall terminate upon the approval by the California Building Standards Commission of the standards submitted to that commission pursuant to Section 17922.12 of the Health and Safety Code. (2) The authority of the department under this chapter to adopt standards for nonresidential occupancies shall terminate upon the adoption of standards by the California Building Standards Commission pursuant to Section 18941.8 of the Health and Safety Code. (Amended by Stats. 2010, Ch. 622, Sec. 2. (SB 518) Effective January 1, 2011.)
  83. 14877.2.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 22. Graywater Systems [14875 - 14877.3] ( Heading of Chapter 22 amended by Stats. 1995, Ch. 961, Sec. 1. )

    Verify source ↗

    A graywater system may be installed only if the city or county with jurisdiction determines it meets standards adopted by the department.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 22. Graywater Systems [14875 - 14877.3] ( Heading of Chapter 22 amended by Stats. 1995, Ch. 961, Sec. 1. ) ## 14877.2. A graywater system may be installed if the city or county having jurisdiction over the installation determines that the system complies with standards adopted by the department. (Amended by Stats. 1995, Ch. 961, Sec. 5. Effective January 1, 1996.)
  84. 14877.3.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 22. Graywater Systems [14875 - 14877.3] ( Heading of Chapter 22 amended by Stats. 1995, Ch. 961, Sec. 1. )

    Verify source ↗

    Local agencies may adopt more restrictive graywater building standards, but only after a public hearing and with required local conditions and geographic limits; before issuing indoor graywater permits, they must consult the local public health department.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 22. Graywater Systems [14875 - 14877.3] ( Heading of Chapter 22 amended by Stats. 1995, Ch. 961, Sec. 1. ) ## 14877.3. (a) Subject to subdivision (b), a city, county, or other local agency may adopt, after a public hearing and enactment of an ordinance or resolution, building standards that are more restrictive than the graywater building standards adopted pursuant to state requirements. (b) An ordinance adopted pursuant to subdivision (a) shall include the local climatic, geological, topographical, or public health conditions that necessitate building standards that are more restrictive than the graywater building standards adopted pursuant to state requirements and shall be limited to the specific area of the city, county, or local agency where the conditions exist. (c) Prior to commencing the issuance of permits for indoor graywater systems pursuant to state requirements relating to graywater, a city, county, or other local agency shall seek consultation with the local public health department to ensure that local public health concerns are addressed in local standards or ordinances, or in issuing permits. (Amended by Stats. 2011, Ch. 577, Sec. 2. (AB 849) Effective January 1, 2012.)
  85. 1490.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. Priorities [1450 - 1491] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 7. Priority of Applications for Hydroelectric Power [1490 - 1491] ( Article 7 added by Stats. 1982, Ch. 1484, Sec. 2. )

    Verify source ↗

    Qualified retrofit hydroelectric applications must be processed quickly by the board, and the applicant usually does not have to prove a need for the power unless unresolved protests are filed.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. Priorities [1450 - 1491] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 7. Priority of Applications for Hydroelectric Power [1490 - 1491] ( Article 7 added by Stats. 1982, Ch. 1484, Sec. 2. ) ## 1490. Applications or petitions for retrofit hydroelectric plants at existing dams, canals, or conduits where the streamflow regime will not be changed and where there will be no significant adverse environmental impacts shall receive expedited processing by the board. The applicant shall not be required to show a need for the power that will be generated by the plant unless protests are filed that are not resolved. (Added by Stats. 1982, Ch. 1484, Sec. 2.)
  86. 14900.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 1. General Provisions [14900 - 14902] ( Article 1 added by Stats. 1992, Ch. 959, Sec. 1. )

    Verify source ↗

    This chapter may be referred to as the San Joaquin Valley Drainage Relief Act.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 1. General Provisions [14900 - 14902] ( Article 1 added by Stats. 1992, Ch. 959, Sec. 1. ) ## 14900. This chapter shall be known and may be cited as the San Joaquin Valley Drainage Relief Act. (Added by Stats. 1992, Ch. 959, Sec. 1. Effective January 1, 1993. Section operative July 1, 1993, pursuant to Section 14920.)
  87. 14901.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 1. General Provisions [14900 - 14902] ( Article 1 added by Stats. 1992, Ch. 959, Sec. 1. )

    Verify source ↗

    This section says the department must lead implementation of the drainage plan and coordinate with local and federal agencies.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 1. General Provisions [14900 - 14902] ( Article 1 added by Stats. 1992, Ch. 959, Sec. 1. ) ## 14901. The Legislature finds and declares as follows: (a) A report on the San Joaquin Valley Drainage Program entitled, “A Management Plan for Agricultural Subsurface Drainage and Related Problems on the Westside San Joaquin Valley,” has identified 75,000 acres of irrigated agricultural lands that should be retired by the year 2040 primarily due to characteristics of low productivity, poor drainability, and high levels of selenium in shallow groundwater. (b) Federal, state, and local water organizations and officials should consider the management plan and adopt those parts appropriate for their long-term strategy of contributing to the management or solution of the drainage problems of the west side of the San Joaquin Valley. (c) The United States Department of the Interior and the State of California should jointly develop a technical assistance program to ameliorate the drainage problems. (d) The people of the state are concerned with the continued leaching of harmful elements from these lands. (e) Continued irrigation of these lands could create significant drainage and environmental problems. (f) Implementing solutions to the drainage and environmental problems associated with these lands will be very costly. (g) The department is responsible for water planning and development activities throughout the state, has participated in the development of the plan for the management of subsurface drainage problems, and shall take an active leadership role in implementing the plan, including the land retirement element of the plan. (h) Local agencies have decisionmaking authority, and are subject to court judgments, and statutory and contractual obligations, relating to water use and distribution. The department shall coordinate its activities under this chapter with those local agencies. (i) The federal government has ongoing statutory and contractual obligations to provide drainage service to the lands within the San Luis Unit of the Central Valley Project. The department shall recognize those obligations and shall coordinate land retirement activities with appropriate federal agencies. (j) The Department of Fish and Game is responsible for the stewardship of the state’s fish and wildlife resources and the habitat on which they depend, and can offer its considerable expertise to the department on matters relating to the management of lands in accordance with this chapter and shall be consulted concerning the management of the lands acquired pursuant to this chapter and managed as fish and wildlife habitat. (k) The Department of Conservation is responsible for administering programs to conserve the state’s agricultural lands and has information on the state’s soil and farmlands and shall be consulted for the purpose of identifying agricultural lands that may be acquired pursuant to this chapter. (Added by Stats. 1992, Ch. 959, Sec. 1. Effective January 1, 1993. Section operative July 1, 1993, pursuant to Section 14920.)
  88. 14901.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 1. General Provisions [14900 - 14902] ( Article 1 added by Stats. 1992, Ch. 959, Sec. 1. )

    Verify source ↗

    The Legislature states that the program’s initial administrative funding should come from the Environmental Water Fund, and that the program should eventually support itself.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 1. General Provisions [14900 - 14902] ( Article 1 added by Stats. 1992, Ch. 959, Sec. 1. ) ## 14901.5. (a) It is the intent of the Legislature that the initial funding for the administrative costs of the San Joaquin Valley Drainage Relief Program be appropriated by the Legislature for the 1993–94 fiscal year from the water quality program component of the Environmental Water Fund. (b) It is the further intent of the Legislature that, upon full implementation of the program, the program shall become self-supporting. (Added by Stats. 1992, Ch. 959, Sec. 1. Effective January 1, 1993. Section operative July 1, 1993, pursuant to Section 14920.)
  89. 14902.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 1. General Provisions [14900 - 14902] ( Article 1 added by Stats. 1992, Ch. 959, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter, including “Fund,” “management plan,” “Program,” and “retirement land.”

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 1. General Provisions [14900 - 14902] ( Article 1 added by Stats. 1992, Ch. 959, Sec. 1. ) ## 14902. Unless the context otherwise requires, the terms used in this chapter have the following meanings: (a) “Fund” means the San Joaquin Valley Drainage Relief Fund. (b) “Management plan” or “plan” means the management plan for agricultural subsurface drainage and related problems as described in the final report of the San Joaquin Valley Drainage Program, dated September 1990, described in subdivision (a) of Section 14901. (c) “Program” means the San Joaquin Valley Drainage Relief Program. (d) “Retirement land” means the lands recommended for retirement in the management plan, other irrigated agricultural lands characterized by low productivity, poor drainability, and high levels of dissolved selenium in shallow groundwater, or lands that contribute to agricultural subsurface drainage problems. (Added by Stats. 1992, Ch. 959, Sec. 1. Effective January 1, 1993. Section operative July 1, 1993, pursuant to Section 14920.)
  90. 14903.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. )

    Verify source ↗

    The department must carry out the San Joaquin Valley Drainage Relief Program and may adopt regulations to do so.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. ) ## 14903. (a) The San Joaquin Valley Drainage Relief Program is hereby established in the department. (b) The department shall carry out the program and may develop, in consultation with the state board, the Department of Conservation, and the Department of Fish and Game, a land retirement demonstration program. (c) The department may adopt regulations to carry out the program. (d) The purpose of the program is to encourage the cessation of irrigation of retirement land and to otherwise assist in the resolution of the agricultural subsurface drainage problems in the San Joaquin Valley through the coordinated efforts of federal, state, and local agencies, nonprofit organizations, and private landowners who elect to participate in the program. (Added by Stats. 1992, Ch. 959, Sec. 1. Effective January 1, 1993. Section operative July 1, 1993, pursuant to Section 14920.)
  91. 14904.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. )

    Verify source ↗

    The San Joaquin Valley Drainage Relief Fund is created for the program.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. ) ## 14904. The San Joaquin Valley Drainage Relief Fund is hereby created for purposes of the program. (Added by Stats. 1992, Ch. 959, Sec. 1. Effective January 1, 1993. Section operative July 1, 1993, pursuant to Section 14920.)
  92. 14905.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. )

    Verify source ↗

    The department may enter into agreements with specified public and nonprofit entities to help purchase and manage retirement land and water under this chapter.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. ) ## 14905. The department may enter into agreements with the state board, the Department of Fish and Game, the Department of Conservation, possessors of water rights, and other appropriate public agencies and nonprofit organizations to provide for the purchase and management of retirement land and water pursuant to this chapter. (Added by Stats. 1992, Ch. 959, Sec. 1. Effective January 1, 1993. Section operative July 1, 1993, pursuant to Section 14920.)
  93. 14906.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. )

    Verify source ↗

    Property acquired under this chapter must be managed as specified habitat or agricultural land, and the department must coordinate with Fish and Game on funding for land management and water use.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. ) ## 14906. Property acquired pursuant to this chapter shall be managed as upland habitat, wetlands, riparian habitat, or nonirrigated agricultural land, as appropriate. The department shall coordinate with the Department of Fish and Game to ensure that adequate funding is available for management of the retirement land and use of water for environmental purposes. (Added by Stats. 1992, Ch. 959, Sec. 1. Effective January 1, 1993. Section operative July 1, 1993, pursuant to Section 14920.)
  94. 14907.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. )

    Verify source ↗

    Water-sale and water-distribution agreements under this program must support environmental purposes, and local public agencies may use up to one-third of certain unsold conserved water for environmental uses.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. ) ## 14907. (a) Agreements to sell water that is conserved as a result of the retirement of land pursuant to this chapter to public agencies, nonprofit organizations, investor-owned water utilities, corporations, or persons shall carry out the intent of the Legislature set forth in subdivision (b) of Section 14901.5. (b) (1) Agreements to distribute water that is conserved as a result of the retirement of land pursuant to this chapter shall maximize amounts for environmental purposes, including the restoration and enhancement of riparian habitat, wetlands, fisheries, and instream flows. (2) It is the intent of the Legislature that water distributed pursuant to paragraph (1) be deemed contributions to a water resources mitigation bank, if established by the state, to meet state or federal requirements to dedicate water for environmental purposes. (c) Up to one-third of the amount of water conserved as a result of the retirement of land pursuant to this chapter and not sold pursuant to subdivision (a) may be used by local public agencies for environmental purposes, including the restoration and enhancement of riparian habitat, wetlands, fisheries, instream flows, or replenishment of groundwater resources. (Added by Stats. 1992, Ch. 959, Sec. 1. Effective January 1, 1993. Section operative July 1, 1993, pursuant to Section 14920.)
  95. 14907.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. )

    Verify source ↗

    The possessor of the water right decides the final disposition of the water, despite any other provision in this chapter.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. ) ## 14907.5. Notwithstanding any other provision of this chapter, the possessor of the water right determines the final disposition of the water. (Added by Stats. 1992, Ch. 959, Sec. 1. Effective January 1, 1993. Section operative July 1, 1993, pursuant to Section 14920.)
  96. 14907.6.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. )

    Verify source ↗

    Local public agencies and landowners may participate in the program voluntarily, subject to applicable statutory and regulatory requirements, court judgments, and contractual obligations.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. ) ## 14907.6. Participation in the program by local public agencies and landowners is voluntary and shall be undertaken in accordance with applicable statutory and regulatory requirements, court judgments, and contractual obligations. (Added by Stats. 1992, Ch. 959, Sec. 1. Effective January 1, 1993. Section operative July 1, 1993, pursuant to Section 14920.)
  97. 14908.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. )

    Verify source ↗

    Money from water sales must be placed into the fund, and money in the fund is continuously appropriated for specified program costs.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. ) ## 14908. The funds received from the sale of water pursuant to subdivision (a) of Section 14907 shall be deposited in the fund. Notwithstanding Section 13340 of the Government Code, money in the fund is continuously appropriated, without regard to fiscal years, to pay for the purchase of the title to, or interests in, the retirement land from landowners who elect to participate in the program, for the management of that land, applicable charges and assessments for water and land, administrative costs, grants and loans made pursuant to Section 14913, and for related water transfer costs. (Added by Stats. 1992, Ch. 959, Sec. 1. Effective January 1, 1993. Section operative July 1, 1993, pursuant to Section 14920.)
  98. 14909.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. )

    Verify source ↗

    The department may apply for and accept grants, gifts, donations, and other financial support to be deposited in the fund for this chapter.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. ) ## 14909. The department may apply for, and accept, federal and state grants and receive gifts, donations, and other financial support from public and private sources to be deposited in the fund to carry out this chapter. (Added by Stats. 1992, Ch. 959, Sec. 1. Effective January 1, 1993. Section operative July 1, 1993, pursuant to Section 14920.)
  99. 1491.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. Priorities [1450 - 1491] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 7. Priority of Applications for Hydroelectric Power [1490 - 1491] ( Article 7 added by Stats. 1982, Ch. 1484, Sec. 2. )

    Verify source ↗

    Some hydroelectric powerplant applications must be expedited by the board if they meet the section’s criteria.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 7. Priorities [1450 - 1491] ( Chapter 7 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 7. Priority of Applications for Hydroelectric Power [1490 - 1491] ( Article 7 added by Stats. 1982, Ch. 1484, Sec. 2. ) ## 1491. Applications for hydroelectric powerplants with a generating capacity not to exceed five megawatts, which do not impound water during times of high waterflow to be used to generate power during times of low waterflow, and which will not have any significant adverse environmental impacts shall receive expedited processing by the board. The applicant shall not be required to show a need for the power that will be generated by the plant unless protests are filed against the project that are not resolved. (Added by Stats. 1982, Ch. 1484, Sec. 2.)
  100. 14910.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. )

    Verify source ↗

    The department may acquire or accept gifts or dedications of specified property interests in retirement lands to carry out this chapter.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. ) ## 14910. The department may acquire or accept the gift or dedication of fee title, easements, including conservation easements, leases, development rights, or other interests in retirement lands to carry out this chapter. (Added by Stats. 1992, Ch. 959, Sec. 1. Effective January 1, 1993. Section operative July 1, 1993, pursuant to Section 14920.)
  101. 14911.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. )

    Verify source ↗

    The department may accept advance payments for future water deliveries under this chapter.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. ) ## 14911. The department may accept advance payments for future water deliveries undertaken pursuant to this chapter. (Added by Stats. 1992, Ch. 959, Sec. 1. Effective January 1, 1993. Section operative July 1, 1993, pursuant to Section 14920.)
  102. 14912.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. )

    Verify source ↗

    The department may transfer certain acquired land, water interests, or options, must deposit related proceeds into the fund, and must determine the minimum acreage needed for drainage reduction.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. ) ## 14912. (a) The department may purchase, lease, rent, sell, exchange, or otherwise transfer any land, interest in land or water, or option acquired pursuant to this chapter. (b) The proceeds from any lease, rental, sale, exchange, or transfer of land or water, or any interest therein, or option, shall be deposited in the fund. (c) The department, in consultation with appropriate federal, state, and local agencies, shall determine the minimum acreage of contiguous land in which interests are needed to be acquired to carry out the purposes of this chapter with regard to drainage reduction. The determination required by this subdivision is exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (d) No interest in land is eligible for purchase unless the department determines that the purchase of the interest, by itself or together with other interest in land, is consistent with the minimum acreage determination made pursuant to subdivision (c). (e) The rate of acquisition of title to, and interests in, retirement lands is within the discretion of the department, based on the availability of funds and other appropriate factors. (Added by Stats. 1992, Ch. 959, Sec. 1. Effective January 1, 1993. Section operative July 1, 1993, pursuant to Section 14920.)
  103. 14913.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. )

    Verify source ↗

    The department may make grants or loans, by contract or agreement, to local public entities, state agencies, or nonprofit organizations.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. ) ## 14913. The department may, by contract or agreement, make grants or loans to local public entities, state agencies, or nonprofit organizations to carry out this chapter. (Added by Stats. 1992, Ch. 959, Sec. 1. Effective January 1, 1993. Section operative July 1, 1993, pursuant to Section 14920.)
  104. 14914.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. )

    Verify source ↗

    The purchase price for land or water interests acquired under this chapter may account for the state benefit of reducing drainage problems and converting property to wildlife habitat.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. ) ## 14914. The purchase price of any interest in land or water acquired pursuant to this chapter may reflect the benefit to the state of alleviating drainage problems in the San Joaquin Valley and the conversion of property to wildlife habitats. (Added by Stats. 1992, Ch. 959, Sec. 1. Effective January 1, 1993. Section operative July 1, 1993, pursuant to Section 14920.)
  105. 14915.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. )

    Verify source ↗

    The department must determine the price of conserved and sold water under this chapter.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. ) ## 14915. The price of water conserved and sold pursuant to this chapter shall be determined by the department so as to carry out the intent of the Legislature set forth in subdivision (b) of Section 14901.5. (Added by Stats. 1992, Ch. 959, Sec. 1. Effective January 1, 1993. Section operative July 1, 1993, pursuant to Section 14920.)
  106. 14916.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. )

    Verify source ↗

    Purchase agreements under this chapter may allow the purchased property to be returned to irrigated agricultural use if affordable drainage and environmental solutions are identified and implemented.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. ) ## 14916. Purchase agreements entered into pursuant to this chapter may provide for the return of the property, that is the subject of the purchase, to irrigated agricultural use if affordable technological solutions to the drainage and environmental problems are identified and implemented. (Added by Stats. 1992, Ch. 959, Sec. 1. Effective January 1, 1993. Section operative July 1, 1993, pursuant to Section 14920.)
  107. 14917.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. )

    Verify source ↗

    The department must consider how property purchases under this chapter affect local communities, including jobs and businesses.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. ) ## 14917. In carrying out this chapter, the department shall consider the effects of purchases of property pursuant to this chapter on the overall economy of the local communities, including the impact on job opportunities and businesses. (Added by Stats. 1992, Ch. 959, Sec. 1. Effective January 1, 1993. Section operative July 1, 1993, pursuant to Section 14920.)
  108. 14918.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. )

    Verify source ↗

    The department must coordinate with the United States Department of the Interior on water distribution in areas served by the federal Central Valley Project.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. ) ## 14918. The department shall coordinate with the United States Department of the Interior regarding water distribution undertaken pursuant to this chapter in those areas served by the federal Central Valley Project. (Added by Stats. 1992, Ch. 959, Sec. 1. Effective January 1, 1993. Section operative July 1, 1993, pursuant to Section 14920.)
  109. 14920.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. )

    Verify source ↗

    This chapter becomes operative on July 1, 1993.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 23. The San Joaquin Valley Drainage Relief Act [14900 - 14920] ( Chapter 23 added by Stats. 1992, Ch. 959, Sec. 1. ) ## ARTICLE 2. The San Joaquin Valley Drainage Relief Program [14903 - 14920] ( Article 2 added by Stats. 1992, Ch. 959, Sec. 1. ) ## 14920. This chapter shall become operative on July 1, 1993. (Added by Stats. 1992, Ch. 959, Sec. 1. Effective January 1, 1993. Note: This section prescribes a delayed operative date (July 1, 1993) for Chapter 23, commencing with Section 14900.)
  110. 14950.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 24. Shellfish Protection Act of 1993 [14950 - 14958] ( Chapter 24 added by Stats. 1993, Ch. 1081, Sec. 1. )

    Verify source ↗

    This chapter is named the Shellfish Protection Act of 1993 and may be cited by that name.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 24. Shellfish Protection Act of 1993 [14950 - 14958] ( Chapter 24 added by Stats. 1993, Ch. 1081, Sec. 1. ) ## 14950. This chapter shall be known and may be cited as the Shellfish Protection Act of 1993. (Added by Stats. 1993, Ch. 1081, Sec. 1. Effective January 1, 1994.)
  111. 14951.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 24. Shellfish Protection Act of 1993 [14950 - 14958] ( Chapter 24 added by Stats. 1993, Ch. 1081, Sec. 1. )

    Verify source ↗

    Regional boards in areas with commercial shellfish growing areas are assigned primary responsibility for protecting commercial shellfish harvesting from point and nonpoint pollution.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 24. Shellfish Protection Act of 1993 [14950 - 14958] ( Chapter 24 added by Stats. 1993, Ch. 1081, Sec. 1. ) ## 14951. The Legislature finds and declares all of the following: (a) Commercial shellfish harvesting is a beneficial use of the waters of the state and, in addition, benefits the economy of the state through the creation of jobs. (b) Pollution, from both point and nonpoint sources, currently threatens many of the state’s commercial shellfish growing areas. (c) In order to maintain the health, and encourage the expansion, of commercial shellfish harvesting within the state, it is necessary to protect the commercial shellfish growing areas from ongoing point and nonpoint sources of pollution. (d) The regional boards whose jurisdictions include commercial shellfish growing areas shall have primary responsibility for the protection of commercial shellfish harvesting from the effects of point and nonpoint pollution sources. (Added by Stats. 1993, Ch. 1081, Sec. 1. Effective January 1, 1994.)
  112. 14952.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 24. Shellfish Protection Act of 1993 [14950 - 14958] ( Chapter 24 added by Stats. 1993, Ch. 1081, Sec. 1. )

    Verify source ↗

    This section defines “commercial shellfish growing area” for this chapter.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 24. Shellfish Protection Act of 1993 [14950 - 14958] ( Chapter 24 added by Stats. 1993, Ch. 1081, Sec. 1. ) ## 14952. For the purposes of this chapter, a commercial shellfish growing area is an area certified pursuant to Section 112170 of the Health and Safety Code in which shellfish are grown and harvested. (Amended by Stats. 1996, Ch. 1023, Sec. 452. Effective September 29, 1996.)
  113. 14953.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 24. Shellfish Protection Act of 1993 [14950 - 14958] ( Chapter 24 added by Stats. 1993, Ch. 1081, Sec. 1. )

    Verify source ↗

    If a shellfish growing area is threatened by pollution, the regional board must create a technical advisory committee, notify the public, and keep the committee’s meetings open to the public.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 24. Shellfish Protection Act of 1993 [14950 - 14958] ( Chapter 24 added by Stats. 1993, Ch. 1081, Sec. 1. ) ## 14953. (a) If a commercial shellfish growing area is threatened by point or nonpoint source pollution, as specified in Section 14954, the regional board shall form a technical advisory committee, within 90 days of the effective date of this act, devoted solely to the threatened area. A technical advisory committee shall be formed for any subsequently threatened area within 90 days of the date the threat is identified pursuant to Section 14954. The technical advisory committee shall advise and assist that board in developing a strategy for appropriate investigation and remediation pursuant to Sections 14955 and 14956 to reduce pollution affecting that area. The regional board shall give public notice of the formation of the technical advisory committee. All meetings of the technical advisory committee shall be public. (b) For the purpose of subdivision (a), the technical advisory committee shall include both of the following: (1) One commercial shellfish grower from the threatened area, one representative from the State Department of Health Services, one representative from the Department of Fish and Game, one representative from the California Coastal Commission, one representative from each category of potential pollution source, one representative from a local environmental group, and one representative from the local health department. (2) Additional members and a chairperson appointed by the regional board. (c) Members of the technical advisory committee established pursuant to subdivision (a) shall not receive a per diem or other compensation, and shall not be reimbursed for any expenses. (Added by Stats. 1993, Ch. 1081, Sec. 1. Effective January 1, 1994.)
  114. 14954.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 24. Shellfish Protection Act of 1993 [14950 - 14958] ( Chapter 24 added by Stats. 1993, Ch. 1081, Sec. 1. )

    Verify source ↗

    A commercial shellfish growing area is treated as threatened if certain health classifications, a harvest closure history, or a determination by specified agencies applies.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 24. Shellfish Protection Act of 1993 [14950 - 14958] ( Chapter 24 added by Stats. 1993, Ch. 1081, Sec. 1. ) ## 14954. For the purpose of Section 14953, a commercial shellfish growing area is threatened if any of the following applies: (a) The State Department of Health Services downgrades the classification applicable to the commercial shellfish growing area. (b) The commercial shellfish growing area is subjected to harvest closure for more than 30 days per calendar year during the previous three years. (c) The State Department of Health Services classifies the commercial shellfish growing area as restricted. (d) The regional board, the Department of Fish and Game, or the California Coastal Commission determines that the commercial shellfish growing area is threatened. (Added by Stats. 1993, Ch. 1081, Sec. 1. Effective January 1, 1994.)
  115. 14955.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 24. Shellfish Protection Act of 1993 [14950 - 14958] ( Chapter 24 added by Stats. 1993, Ch. 1081, Sec. 1. )

    Verify source ↗

    A technical advisory committee must review existing data about pollution threats to a commercial shellfish growing area, and the regional board must develop a water quality investigation project if extra investigation is needed.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 24. Shellfish Protection Act of 1993 [14950 - 14958] ( Chapter 24 added by Stats. 1993, Ch. 1081, Sec. 1. ) ## 14955. (a) The technical advisory committee shall review existing data to determine whether additional investigatory efforts are needed to identify the pollution sources that threaten the commercial shellfish growing area, the scope of the pollution sources, and the degree to which those sources threaten the commercial shellfish growing area. (b) If the technical advisory committee determines pursuant to subdivision (a) that additional investigatory efforts are needed, the regional board shall develop, with the assistance of the technical advisory committee, a water quality investigation project for funding under Sections 205 and 319 of the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.; Secs. 1285 and 1329) or any other appropriate funding sources. (c) Any water quality investigation project developed pursuant to subdivision (b) shall be limited to accomplishing that which is reasonably necessary for the regional board to gather sufficient data to determine the appropriate remedial actions. (d) The regional board shall not undertake any investigatory efforts determined to be necessary pursuant to subdivision (a) unless the regional board determines that funding is available to carry out those efforts. (Added by Stats. 1993, Ch. 1081, Sec. 1. Effective January 1, 1994.)
  116. 14956.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 24. Shellfish Protection Act of 1993 [14950 - 14958] ( Chapter 24 added by Stats. 1993, Ch. 1081, Sec. 1. )

    Verify source ↗

    The regional board must order remediation, monitor water quality, share monitoring results, and give public notice; if agricultural pollution is involved, it must invite local agricultural and shellfish stakeholders to help develop remediation strategies.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 24. Shellfish Protection Act of 1993 [14950 - 14958] ( Chapter 24 added by Stats. 1993, Ch. 1081, Sec. 1. ) ## 14956. (a) Once the nature, sources, scope, and degree of the pollution affecting a commercial shellfish growing area have been determined, the regional board, with the advice of the local technical advisory committee, shall order appropriate remedial action, including the adoption of best management practices, to abate the pollution affecting that area. The regional board shall monitor water quality in the threatened area during the implementation of pollution abatement measures to ensure that the measures are effective and shall provide the results of the monitoring to the technical advisory committee. The regional board shall give public notice of any actions proposed for adoption. (b) If agricultural sources of pollution have been identified as contributing to the degradation of shellfish growing areas, the regional board shall invite members of the local agricultural community representing the type of agricultural discharge affecting the local shellfish growing area, the local resource conservation district, the local soil conservation service, the local agricultural stabilization and conservation service, the cooperative extension of the University of California, and affected shellfish growers to develop and implement appropriate short- and long-term remediation strategies that will lead to a reduction in the pollution affecting the commercial shellfish growing area. (Added by Stats. 1993, Ch. 1081, Sec. 1. Effective January 1, 1994.)
  117. 14957.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 24. Shellfish Protection Act of 1993 [14950 - 14958] ( Chapter 24 added by Stats. 1993, Ch. 1081, Sec. 1. )

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    When rating certain shellfish-area project proposals for funding, the state and regional boards must notify the California Aquaculture Association and let shellfish growers comment.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 24. Shellfish Protection Act of 1993 [14950 - 14958] ( Chapter 24 added by Stats. 1993, Ch. 1081, Sec. 1. ) ## 14957. When rating project proposals affecting shellfish growing areas for state and federal funding under Sections 205 and 319 of the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.; Secs. 1285 and 1329) or from other funding sources, the state board and regional boards shall give timely notice to the California Aquaculture Association and shall provide shellfish growers with the opportunity to comment on the following types of project proposals: (a) Project proposals that seek to identify the nature, sources, scope, and degree of pollution threatening a commercial shellfish growing area. (b) Project proposals that seek to reduce or eliminate the impact of point or nonpoint pollution that affects a commercial shellfish growing area. Proposals under this subdivision shall include waste reclamation projects. (Added by Stats. 1993, Ch. 1081, Sec. 1. Effective January 1, 1994.)
  118. 14958.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 24. Shellfish Protection Act of 1993 [14950 - 14958] ( Chapter 24 added by Stats. 1993, Ch. 1081, Sec. 1. )

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    The regional board must dissolve the technical advisory committee for a commercial shellfish area once the area is no longer threatened, and must re-form it if the area later becomes threatened again.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 24. Shellfish Protection Act of 1993 [14950 - 14958] ( Chapter 24 added by Stats. 1993, Ch. 1081, Sec. 1. ) ## 14958. When a commercial shellfish area is no longer threatened, as specified in Section 14954, the regional board shall dissolve the technical advisory committee for that area. If the area is subsequently threatened, as specified in Section 14954, the regional board shall re-form the committee pursuant to Section 14953. (Added by Stats. 1993, Ch. 1081, Sec. 1. Effective January 1, 1994.)
  119. 15.

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

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    This provision says “shall” means mandatory and “may” means permissive.

    ## Water Code - WAT ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 368. ) ## 15. “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1943, Ch. 368.)
  120. 150.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. )

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    This section states that the California Water Commission exists within the Department of Water Resources.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. ) ## 150. There is in the Department of Water Resources the California Water Commission. (Amended by Stats. 1967, Ch. 180.)
  121. 151.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. )

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    The California Water Commission has nine members, appointed by the Governor with Senate confirmation.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. ) ## 151. The California Water Commission consists of nine members who are appointed by the Governor subject to the confirmation of the Senate, as provided in this article. (Amended by Stats. 1959, Ch. 2112.)
  122. 152.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. )

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    The Governor must appoint seven California Water Commission members, using specified qualifications and state representation criteria, with special rules for some public members.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. ) ## 152. Seven members of the California Water Commission appointed by the Governor shall be selected and approved for appointment on the basis of their general educational and business qualifications, and their knowledge of, interest in, and experience with problems relating to the control, storage, and beneficial use of water. They shall be appointed in such a manner as to afford representation on the commission of all parts of the state so far as it is practicable. In considering qualifications of such members of the commission, engineering ability and experience shall be deemed advisable. Two members of the commission appointed by the Governor shall be members of the public having an interest in and knowledge of the environment and need have none of the other qualifications specified in this section. The next two members appointed to the commission by the Governor after the effective date of the amendment of this section at the 1970 Regular Session of the Legislature shall be members of the public having such interest in and knowledge of the environment. (Amended by Stats. 1970, Ch. 1437.)
  123. 1525.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 1. Fee Schedules [1525 - 1530] ( Article 1 added by Stats. 2003, Ch. 741, Sec. 85. )

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    Certain water right holders, lessors, and filers must pay fees set by the board.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 1. Fee Schedules [1525 - 1530] ( Article 1 added by Stats. 2003, Ch. 741, Sec. 85. ) ## 1525. (a) Each person or entity who holds a permit or license to appropriate water, and each lessor of water leased under Chapter 1.5 (commencing with Section 1020) of Part 1, shall pay an annual fee according to a fee schedule established by the board. (b) Each person or entity who files any of the following shall pay a fee according to a fee schedule established by the board: (1) An application for a permit to appropriate water. (2) A registration of appropriation for a small domestic use, small irrigation use, or livestock stockpond use. (3) A petition for an extension of time within which to begin construction, to complete construction, or to apply the water to full beneficial use under a permit. (4) A petition to change the point of diversion, place of use, or purpose of use, under a permit, license, or registration. (5) A petition to change the conditions of a permit or license, requested by the permittee or licensee, that is not otherwise subject to paragraph (3) or (4). (6) A petition to change the point of discharge, place of use, or purpose of use, of treated wastewater, requested pursuant to Section 1211. (7) An application for approval of a water lease agreement. (8) A request for release from priority pursuant to Section 10504. (9) An application for an assignment of a state-filed application pursuant to Section 10504. (10) A statement of water diversion and use pursuant to Part 5.1 (commencing with Section 5100) that reports that water was used for cannabis cultivation. (c) (1) The board shall set the fee schedule authorized by this section so that the total amount of fees collected pursuant to this section equals that amount necessary to recover costs incurred in connection with the issuance, administration, review, monitoring, and enforcement of permits, licenses, certificates, and registrations to appropriate water, water leases, statements of water diversion and use for cannabis cultivation, and orders approving changes in point of discharge, place of use, or purpose of use of treated wastewater. The board may include, as recoverable costs, but is not limited to including, the costs incurred in reviewing applications, registrations, statements of water diversion and use for cannabis cultivation, petitions and requests, prescribing terms of permits, licenses, registrations, and change orders, enforcing and evaluating compliance with permits, licenses, certificates, registrations, change orders, and water leases, inspection, monitoring, planning, modeling, reviewing documents prepared for the purpose of regulating the diversion and use of water, applying and enforcing the prohibition set forth in Section 1052 against the unauthorized diversion or use of water subject to this division and the water diversion related provisions of Chapter 6 (commencing with Section 26060) of Division 10 of the Business and Professions Code, and the administrative costs incurred in connection with carrying out these actions. (2) In setting the fee schedule for fees subject to subdivision (b) of Section 1433.2 and subdivision (b) of Section 1443.2, the board shall also include an amount estimated by the board, in consultation with the Department of Fish and Wildlife, necessary to recover costs incurred by the Department of Fish and Wildlife under Article 2 (commencing with Section 1433) of Chapter 6.5 and Article 2 (commencing with Section 1443) of Chapter 6.6. (d) (1) The board shall adopt the schedule of fees authorized under this section as emergency regulations in accordance with Section 1530. (2) For filings subject to subdivision (b), the schedule may provide for a single filing fee or for an initial filing fee followed by an annual fee, as appropriate to the type of filing involved, and may include supplemental fees for filings that have already been made but have not yet been acted upon by the board at the time the schedule of fees takes effect. (3) The board shall set the amount of total revenue collected each year through the fees authorized by this section at an amount equal to the amounts appropriated by the Legislature for expenditure for support of water rights program activities from the Water Rights Fund established under Section 1550, taking into account the reserves in the Water Rights Fund. The board shall review and revise the fees each fiscal year as necessary to conform to the amounts appropriated. If the board determines that the revenue collected during the preceding year was greater than, or less than, the amounts appropriated, the board may further adjust the annual fees to compensate for the over or under collection of revenue. (e) Annual fees imposed pursuant to this section for the 2003–04 fiscal year shall be assessed for the entire 2003–04 fiscal year. (Amended by Stats. 2020, Ch. 18, Sec. 6. (AB 92) Effective June 29, 2020.)
  124. 1528.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 1. Fee Schedules [1525 - 1530] ( Article 1 added by Stats. 2003, Ch. 741, Sec. 85. )

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    People or entities that file a specified proof of claim must pay a fee set by the board.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 1. Fee Schedules [1525 - 1530] ( Article 1 added by Stats. 2003, Ch. 741, Sec. 85. ) ## 1528. Each person or entity who files a proof of claim under Article 4 (commencing with Section 2575) of Chapter 3 of Part 3 shall pay a fee according to a fee schedule established by the board. The board shall adopt the schedule of fees pursuant to Section 1530. The board shall establish the fees so as to be sufficient on the average to pay the administrative expenses of the board in processing, reviewing, and preparing a report on the claims submitted to the board. (Repealed and added by Stats. 2003, Ch. 741, Sec. 85. Effective January 1, 2004.)
  125. 1529.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 1. Fee Schedules [1525 - 1530] ( Article 1 added by Stats. 2003, Ch. 741, Sec. 85. )

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    People or entities that file a notice under Part 5 must pay an annual fee set by the board.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 1. Fee Schedules [1525 - 1530] ( Article 1 added by Stats. 2003, Ch. 741, Sec. 85. ) ## 1529. Each person or entity who files a notice pursuant to Part 5 (commencing with Section 4999) shall pay an annual fee according to a fee schedule established by the board. The board shall adopt the schedule of fees pursuant to Section 1530. The board shall set the filing fees in an amount that is sufficient, on the average, to pay the administrative expenses of the board in processing, compiling, and retaining the notices. (Repealed and added by Stats. 2003, Ch. 741, Sec. 85. Effective January 1, 2004.)
  126. 1529.5.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 1. Fee Schedules [1525 - 1530] ( Article 1 added by Stats. 2003, Ch. 741, Sec. 85. )

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    The board must adopt and set a fee schedule to recover specified administration costs, and it may spread recovery over multiple years.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 1. Fee Schedules [1525 - 1530] ( Article 1 added by Stats. 2003, Ch. 741, Sec. 85. ) ## 1529.5. (a) The board shall adopt a schedule of fees pursuant to Section 1530 to recover costs incurred in administering Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6. Recoverable costs include, but are not limited to, costs incurred in connection with investigations, facilitation, monitoring, hearings, enforcement, and administrative costs in carrying out these actions. (b) The fee schedule adopted under this section may include, but is not limited to, the following: (1) A fee for participation as a petitioner or party to an adjudicative proceeding. (2) A fee for the filing of a report pursuant to Part 5.2 (commencing with Section 5200) of Division 2. (c) Consistent with Section 3 of Article XIII A of the California Constitution, the board shall set the fees under this section in an amount sufficient to cover all costs incurred and expended from the Water Rights Fund for the purposes of Part 5.2 (commencing with Section 5200) and Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6. In setting these fees, the board is not required to fully recover these costs in the year or the year immediately after the costs are incurred, but the board may provide for recovery of these costs over a period of years. (Added by Stats. 2014, Ch. 347, Sec. 7. (AB 1739) Effective January 1, 2015.)
  127. 153.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. )

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    This section sets staggered expiration dates for California Water Commission member terms and says successors serve four-year terms.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. ) ## 153. (a) The terms of the members of the California Water Commission in office as of January 1, 1958, shall expire as follows: (1) One member on January 15, 1958. (2) Two members on January 15, 1959. (3) Two members on January 15, 1960. (4) Two members on January 15, 1961. (b) The terms of the two additional members of the commission provided for by Chapter 2112 of the Statutes of 1959 shall expire as follows: (1) One member on January 15, 1962. (2) One member on January 15, 1963. (c) The terms of the successors to the members shall be for four years. (Amended by Stats. 2010, Ch. 125, Sec. 1. (AB 1260) Effective January 1, 2011.)
  128. 153.5.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. )

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    Certain California Water Commission members’ terms expire on May 14, 2014, and after that date members are appointed to the unexpired terms under Section 153.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. ) ## 153.5. (a) Notwithstanding Sections 153 and 154, the term of any member of the California Water Commission, whose appointment has been confirmed by the Senate and who is serving a term that is unexpired as of January 1, 2011, shall expire on May 14, 2014. (b) Commencing May 14, 2014, members shall be appointed to the unexpired terms succeeding to the terms specified in Section 153. (Added by Stats. 2010, Ch. 125, Sec. 2. (AB 1260) Effective January 1, 2011.)
  129. 1530.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 1. Fee Schedules [1525 - 1530] ( Article 1 added by Stats. 2003, Ch. 741, Sec. 85. )

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    The board must adopt water fee schedules by emergency regulation and periodically adjust the fee amounts.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 1. Fee Schedules [1525 - 1530] ( Article 1 added by Stats. 2003, Ch. 741, Sec. 85. ) ## 1530. (a) The board shall adopt, by emergency regulation, the schedules of fees authorized under this article. The emergency regulation may include provisions concerning the administration and collection of the fees. The fee schedules may be graduated in accordance with the number of diversions or the amount of water involved. The board shall periodically adjust the amount of the fees specified in the schedule in accordance with this article. (b) The emergency regulations adopted pursuant to this section, any amendment thereto, or subsequent adjustments to the regulations, shall be adopted by the board in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the board, or any adjustment to an annual fee made by the board pursuant to this section, shall remain in effect until revised by the board. (Repealed and added by Stats. 2003, Ch. 741, Sec. 85. Effective January 1, 2004.)
  130. 1535.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 2. Collection and Enforcement [1535 - 1541] ( Article 2 added by Stats. 2003, Ch. 741, Sec. 85. )

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    Certain chapter-related fees must be paid to the board, and if some listed fees are not paid when due, the board may cancel the filing or send the matter for collection.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 2. Collection and Enforcement [1535 - 1541] ( Article 2 added by Stats. 2003, Ch. 741, Sec. 85. ) ## 1535. (a) Any fee subject to this chapter that is required in connection with the filing of an application, registration, request, statement, or proof of claim, other than an annual fee required after the period covered by the initial filing fee, shall be paid to the board. (b) If a fee established under subdivision (b) of Section 1525, Section 1528, or Section 13160.1 is not paid when due, the board may cancel the application, registration, petition, request, statement, or claim, or may refer the matter to the California Department of Tax and Fee Administration for collection of the unpaid fee. (Amended by Stats. 2025, Ch. 401, Sec. 15. (AB 1520) Effective January 1, 2026.)
  131. 1536.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 2. Collection and Enforcement [1535 - 1541] ( Article 2 added by Stats. 2003, Ch. 741, Sec. 85. )

    Verify source ↗

    Annual fees, except the initial filing fee, and certain unpaid referred fees must be paid to the California Department of Tax and Fee Administration.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 2. Collection and Enforcement [1535 - 1541] ( Article 2 added by Stats. 2003, Ch. 741, Sec. 85. ) ## 1536. All annual fees, other than the initial filing fee required in connection with the filing of an application, registration, petition, or request, or proof of claim, and all unpaid fees and expenses referred to the California Department of Tax and Fee Administration for collection pursuant to subdivision (b) of Section 1535 or Section 2868, shall be paid to the California Department of Tax and Fee Administration. (Amended by Stats. 2025, Ch. 401, Sec. 16. (AB 1520) Effective January 1, 2026.)
  132. 1537.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 2. Collection and Enforcement [1535 - 1541] ( Article 2 added by Stats. 2003, Ch. 741, Sec. 85. )

    Verify source ↗

    The California Department of Tax and Fee Administration must collect fees and expenses owed under this chapter, and the board must provide payer details and amounts to the department.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 2. Collection and Enforcement [1535 - 1541] ( Article 2 added by Stats. 2003, Ch. 741, Sec. 85. ) ## 1537. (a) The California Department of Tax and Fee Administration shall collect any fee or expense required to be paid to the California Department of Tax and Fee Administration under this chapter. (b) (1) The California Department of Tax and Fee Administration shall collect the fees pursuant to the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code). (2) Notwithstanding the appeal provisions in the Fee Collection Procedures Law, a determination by the board that a person or entity is required to pay a fee, or a determination by the board regarding the amount of that fee, is subject to review under Chapter 4 (commencing with Section 1120) of Part 1 and is not subject to a petition for redetermination by the California Department of Tax and Fee Administration. (3) Notwithstanding the refund provisions in the Fee Collection Procedures Law, the California Department of Tax and Fee Administration shall not accept any claim for refund that is based on the assertion that a determination by the board improperly or erroneously calculated the amount of a fee, or incorrectly determined that the person or entity is subject to the fee, unless that determination has been set aside by the board or a court reviewing the determination of the board. (4) This subdivision shall not be construed to apply Chapter 4 (commencing with Section 1120) of Part 1 to the adoption of regulations under this chapter or to a determination of expenses under Part 3 (commencing with Section 2000). (c) The board shall provide to the California Department of Tax and Fee Administration the name and address of each person or entity who is liable for a fee or expense, the amount of the fee or expense, and the due date. (Amended by Stats. 2025, Ch. 401, Sec. 17. (AB 1520) Effective January 1, 2026.)
  133. 1538.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 2. Collection and Enforcement [1535 - 1541] ( Article 2 added by Stats. 2003, Ch. 741, Sec. 85. )

    Verify source ↗

    If a violation for unauthorized diversion or use of water is found in a Section 1052 proceeding, the board or court may add a liability equal to the annual fees that would have applied if the diversion or use had been authorized.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 2. Collection and Enforcement [1535 - 1541] ( Article 2 added by Stats. 2003, Ch. 741, Sec. 85. ) ## 1538. In any proceeding pursuant to Section 1052 in which it is determined that there has been a violation of the prohibition against the unauthorized diversion or use of water subject to this division, the board or court, as the case may be, may impose an additional liability in the amount of any annual fees that would have been required under this division if the diversion or use had been authorized by a permit or license to appropriate water. (Added by Stats. 2003, Ch. 741, Sec. 85. Effective January 1, 2004.)
  134. 1539.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 2. Collection and Enforcement [1535 - 1541] ( Article 2 added by Stats. 2003, Ch. 741, Sec. 85. )

    Verify source ↗

    If a permit or license holder does not pay the annual fee for five years, the board may revoke the permit or license.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 2. Collection and Enforcement [1535 - 1541] ( Article 2 added by Stats. 2003, Ch. 741, Sec. 85. ) ## 1539. If a permit or license holder fails to pay an annual fee imposed pursuant to subdivision (a) of Section 1525 for a period of five years, the board may revoke the permit or license in accordance with the procedures for revocation specified in Section 1241. (Added by Stats. 2003, Ch. 741, Sec. 85. Effective January 1, 2004.)
  135. 154.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. )

    Verify source ↗

    Vacancies on the California Water Commission must be filled immediately by the Governor, and the replacement serves only the unexpired part of the term.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. ) ## 154. Appointments shall be for terms of four years. Vacancies shall be immediately filled by the Governor for the unexpired portion of the terms in which they occur. (Repealed and added by Stats. 1957, Ch. 1932.)
  136. 1540.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 2. Collection and Enforcement [1535 - 1541] ( Article 2 added by Stats. 2003, Ch. 741, Sec. 85. )

    Verify source ↗

    If the board finds a fee or expense won’t be paid because the payer has sovereign immunity under Section 1560, it may shift all or part of that fee or expense to water-delivery contractors.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 2. Collection and Enforcement [1535 - 1541] ( Article 2 added by Stats. 2003, Ch. 741, Sec. 85. ) ## 1540. If the board determines that the person or entity on whom a fee or expense is imposed will not pay the fee or expense based on the fact that the fee payer has sovereign immunity under Section 1560, the board may allocate the fee or expense, or an appropriate portion of the fee or expense, to persons or entities who have contracts for the delivery of water from the person or entity on whom the fee or expense was initially imposed. The allocation of the fee or expense to these contractors does not affect ownership of any permit, license, or other water right, and does not vest any equitable title in the contractors. (Repealed and added by Stats. 2003, Ch. 741, Sec. 85. Effective January 1, 2004.)
  137. 1541.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 2. Collection and Enforcement [1535 - 1541] ( Article 2 added by Stats. 2003, Ch. 741, Sec. 85. )

    Verify source ↗

    This article applies to certain water-related fees and expenses tied to specific parts of the Water Code.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 2. Collection and Enforcement [1535 - 1541] ( Article 2 added by Stats. 2003, Ch. 741, Sec. 85. ) ## 1541. This article applies to any fee established or required to be paid under Article 1 (commencing with Section 1525), to any fee or expense set to cover the expenses of the board under Part 3 (commencing with Section 2000), and to any fee set under Section 13160.1 that is required to be deposited in the Water Rights Fund. (Added by Stats. 2003, Ch. 741, Sec. 85. Effective January 1, 2004.)
  138. 155.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. )

    Verify source ↗

    Governor appointments to the California Water Commission must be confirmed by the Senate.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. ) ## 155. The appointments made by the Governor to membership on the California Water Commission shall be subject to confirmation by the Senate at the next regular or special session of the Legislature and the refusal or failure of the Senate to confirm an appointment shall create a vacancy in the office to which the appointment was made. (Amended by Stats. 1957, Ch. 1941.)
  139. 1550.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 3. Water Rights Fund [1550 - 1552] ( Article 3 added by Stats. 2003, Ch. 741, Sec. 85. )

    Verify source ↗

    A Water Rights Fund is established in the State Treasury.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 3. Water Rights Fund [1550 - 1552] ( Article 3 added by Stats. 2003, Ch. 741, Sec. 85. ) ## 1550. There is in the State Treasury a Water Rights Fund, which is hereby established. (Repealed and added by Stats. 2003, Ch. 741, Sec. 85. Effective January 1, 2004.)
  140. 1551.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 3. Water Rights Fund [1550 - 1552] ( Article 3 added by Stats. 2003, Ch. 741, Sec. 85. )

    Verify source ↗

    Specified fees, expenses, funds, and penalties must be deposited into the Water Rights Fund.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 3. Water Rights Fund [1550 - 1552] ( Article 3 added by Stats. 2003, Ch. 741, Sec. 85. ) ## 1551. All of the following shall be deposited into the Water Rights Fund: (a) All fees, expenses, and penalties collected by the board or the California Department of Tax and Fee Administration under this chapter and Part 3 (commencing with Section 2000). (b) All funds collected pursuant to Section 1052, Article 4 (commencing with Section 1845) of Chapter 12, or Section 5107. (c) All fees and penalties collected pursuant to Sections 13160.1 and 13385 in connection with certificates for activities involving an appropriation of water subject to this part, hydroelectric power projects subject to licensing by the Federal Energy Regulatory Commission, or other diversions of water for beneficial use. (Amended by Stats. 2025, Ch. 401, Sec. 18. (AB 1520) Effective January 1, 2026.)
  141. 1552.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 3. Water Rights Fund [1550 - 1552] ( Article 3 added by Stats. 2003, Ch. 741, Sec. 85. )

    Verify source ↗

    Water Rights Fund money may be spent only with legislative appropriation and only for the listed water-related administration, refund, and program purposes.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 3. Water Rights Fund [1550 - 1552] ( Article 3 added by Stats. 2003, Ch. 741, Sec. 85. ) ## 1552. Except as provided in subdivision (e) of Section 1058.5, moneys in the Water Rights Fund are available for expenditure, upon appropriation by the Legislature, for the following purposes: (a) For expenditure by the California Department of Tax and Fee Administration in the administration of this chapter and the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code) in connection with any fee or expense subject to this chapter. (b) For the payment of refunds, pursuant to Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code, of fees or expenses collected pursuant to this chapter. (c) For expenditure by the board for the purposes of carrying out this division, Division 1 (commencing with Section 100), Part 2 (commencing with Section 10500) and Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, and the water diversion related provisions of Chapter 6 (commencing with Section 26060) of Division 10 of the Business and Professions Code. (d) For expenditures by the board for the purposes of carrying out Sections 13160 and 13160.1 in connection with activities involving hydroelectric power projects subject to licensing by the Federal Energy Regulatory Commission. (e) For expenditures by the board for the purposes of carrying out Sections 13140 and 13170 in connection with plans and policies that address the diversion or use of water. (f) For expenditures by the Department of Fish and Wildlife for purposes of carrying out Article 2 (commencing with Section 1433) of Chapter 6.5 and Article 2 (commencing with Section 1443) of Chapter 6.6, consistent with the amounts estimated under paragraph (2) of subdivision (c) of Section 1525. (Amended by Stats. 2020, Ch. 18, Sec. 7. (AB 92) Effective June 29, 2020.)
  142. 156.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. )

    Verify source ↗

    The Legislature may remove California Water Commission members from office by concurrent resolution if the resolution passes by a majority vote in each house.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. ) ## 156. The members of the California Water Commission may be removed from office by the Legislature, by concurrent resolution adopted by a majority vote of all members elected to each house, for dereliction of duty or corruption or incompetency. (Amended by Stats. 1957, Ch. 1941.)
  143. 1560.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 4. Sovereign Immunity [1560- 1560.] ( Article 4 added by Stats. 2003, Ch. 741, Sec. 85. )

    Verify source ↗

    Water-right fees and expenses apply to the United States and Indian tribes if federal or tribal law allows it, and the board gets several collection and processing powers if payment is declined or likely to be declined.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 8. Water Right Fees [1525 - 1560] ( Chapter 8 repealed and added by Stats. 2003, Ch. 741, Sec. 85. ) ## ARTICLE 4. Sovereign Immunity [1560- 1560.] ( Article 4 added by Stats. 2003, Ch. 741, Sec. 85. ) ## 1560. (a) The fees and expenses established under this chapter and Part 3 (commencing with Section 2000) apply to the United States and to Indian tribes, to the extent authorized under federal or tribal law. (b) If the United States or an Indian tribe declines to pay a fee or expense, or the board determines that the United States or the Indian tribe is likely to decline to pay a fee or expense, the board may do any of the following: (1) Initiate appropriate action to collect the fee or expense, including any appropriate enforcement action for failure to pay the fee or expense, if the board determines that federal or tribal law authorizes collection of the fee or expense. (2) Allocate the fee or expense, or an appropriate portion of the fee or expense, in accordance with Section 1540. The board may make this allocation as part of the emergency regulations adopted pursuant to Section 1530. (3) Enter into a contractual arrangement that requires the United States or the Indian tribe to reimburse the board, in whole or in part, for the services furnished by the board, either directly or indirectly, in connection with the activity for which the fee or expense is imposed. (4) Refuse to process any application, registration, petition, request, or proof of claim for which the fee or expense is not paid, if the board determines that refusal would not be inconsistent with federal law or the public interest. (Repealed and added by Stats. 2003, Ch. 741, Sec. 85. Effective January 1, 2004.)
  144. 157.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. )

    Verify source ↗

    Members of the California Water Commission are entitled to $100 per day for official duties, subject to a 40-day fiscal-year cap; the chairperson may be paid for up to 60 days. Members are also entitled to reimbursement for necessary travel and other official-duty expenses.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. ) ## 157. Each member of the California Water Commission shall receive one hundred dollars ($100) for each day during which the member is engaged in the performance of official duties, but shall not be compensated for more than 40 days in any one fiscal year, except that the chairperson of the commission may be compensated for up to 60 days for performance of those duties. In addition to that compensation, each member shall be reimbursed for necessary traveling and other expenses incurred in the performance of official duties. (Amended by Stats. 1987, Ch. 796, Sec. 3. Effective September 18, 1987.)
  145. 158.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. )

    Verify source ↗

    The California Water Commission must keep its headquarters in Sacramento, set its meeting times and places itself, and hold meetings that are open to the public.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. ) ## 158. The California Water Commission shall maintain its headquarters at Sacramento and shall hold meetings at such times and at such places as shall be determined by it. All meetings of the commission shall be open and public. (Amended by Stats. 1957, Ch. 1941.)
  146. 159.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. )

    Verify source ↗

    Special meetings may be called by the chairman or by the executive officer at the request of four members, and only noticed matters may be acted on unless all members are present and consent.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. ) ## 159. Special meetings may be called at any time by the chairman or by the executive officer at the request of any four members, upon notice specifying the matters to be acted upon at such meeting, but no other matters shall be acted upon at special meetings which were not so noticed, unless all members are present and consent thereto. (Amended by Stats. 1968, Ch. 1041.)
  147. 16.

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

    Verify source ↗

    In this section, “oath” includes an affirmation.

    ## Water Code - WAT ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 368. ) ## 16. “Oath” includes affirmation. (Enacted by Stats. 1943, Ch. 368.)
  148. 160.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. )

    Verify source ↗

    The California Water Commission members must choose one of their members to serve as chairman.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. ) ## 160. The members of the California Water Commission shall select one of the members to serve as chairman, who shall hold office as chairman at the pleasure of the commission. (Amended by Stats. 1957, Ch. 1941.)
  149. 1600.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Report of Completion [1600- 1600.] ( Article 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The permittee must report completion to the board immediately after the works are completed and the water is put to beneficial use.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Report of Completion [1600- 1600.] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1600. Immediately upon completion of the construction of works and application of the water to beneficial use the permittee shall report the completion to the board. (Amended by Stats. 1963, Ch. 289.)
  150. 1605.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Examination and Inspection [1605- 1605.] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board must inspect the works and water use soon after the completion report is received, and the permittee must provide records, data, and information the board requires.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Examination and Inspection [1605- 1605.] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1605. The board shall as soon as practicable after receiving the report of completion cause to be made a full inspection and examination of the works constructed and the use of water therefrom. The permittee shall furnish the board with such records, data, and information as may be required to enable the board to determine the amount of water that has been applied to beneficial use and whether the construction of the works and the use of the water therefrom is in conformity with law, the rules and regulations of the board, and the permit. (Amended by Stats. 1963, Ch. 289.)
  151. 161.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. )

    Verify source ↗

    The California Water Commission must advise the director, and department rules and regulations must be presented to the commission before they can take effect, except internal administration and management rules.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. ) ## 161. The California Water Commission shall confer with, advise, and make recommendations to the director with respect to any matters and subjects under his jurisdiction. The rulemaking power of the department shall be exercised in the following manner. All rules and regulations of the department, other than those relating exclusively to the internal administration and management of the department, shall be first presented by the director to the commission and shall become effective only upon approval thereof by the commission. (Amended by Stats. 1957, Ch. 1941.)
  152. 161.5.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. )

    Verify source ↗

    The California Water Commission has the power to name state-owned facilities in the State Water Resources Development System.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. ) ## 161.5. The California Water Commission shall have the power to name all facilities of the State Water Resources Development System owned by the state. The commission may receive testimony from the public on matters involving its responsibilities under this section, and, after public hearing for the purpose of considering all proposed names for such facilities, may, by resolution, express its decision regarding the naming of specific facilities of the State Water Resources Development System. (Added by Stats. 1967, Ch. 1486.)
  153. 1610.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Issuance or Refusal of License [1610 - 1611] ( Article 3 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    If the board’s completion determination is favorable to the permittee, the board must issue a license confirming the permittee’s right to appropriate the amount of water found to have been put to beneficial use.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Issuance or Refusal of License [1610 - 1611] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 1610. If the determination of the board as to completion is favorable to the permittee, the board shall issue a license which confirms the right to the appropriation of such an amount of water as has been determined to have been applied to beneficial use. (Amended by Stats. 1963, Ch. 289.)
  154. 1610.5.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Issuance or Refusal of License [1610 - 1611] ( Article 3 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    Before issuing a reduced water license, the board must get the permittee’s consent or give the permittee a chance to object or ask for more time.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Issuance or Refusal of License [1610 - 1611] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 1610.5. Before issuing a license for an amount of water or season of use less than that specified in the permit, the board shall either obtain the consent of the permittee or afford him an opportunity to (a) show cause why the amount or season of use should not be reduced or, (b) request an extension of time pursuant to Section 1398. (Added by Stats. 1963, Ch. 289.)
  155. 16100.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 27. California Watershed Improvement Act of 2009 [16100 - 16104] ( Chapter 27 added by Stats. 2009, Ch. 577, Sec. 1. )

    Verify source ↗

    This chapter is named the California Watershed Improvement Act of 2009 and may be cited by that name.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 27. California Watershed Improvement Act of 2009 [16100 - 16104] ( Chapter 27 added by Stats. 2009, Ch. 577, Sec. 1. ) ## 16100. This chapter shall be known and may be cited as the California Watershed Improvement Act of 2009. (Added by Stats. 2009, Ch. 577, Sec. 1. (SB 310) Effective January 1, 2010.)
  156. 16101.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 27. California Watershed Improvement Act of 2009 [16100 - 16104] ( Chapter 27 added by Stats. 2009, Ch. 577, Sec. 1. )

    Verify source ↗

    Certain counties, cities, and special districts may develop a watershed improvement plan, and related planning duties apply if they do.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 27. California Watershed Improvement Act of 2009 [16100 - 16104] ( Chapter 27 added by Stats. 2009, Ch. 577, Sec. 1. ) ## 16101. (a) Each county, city, or special district that is a permittee or copermittee under a national pollutant discharge elimination system (NPDES) permit for municipal separate storm sewer systems may develop, either individually or jointly with one or more permittees or copermittees, a watershed improvement plan that addresses major sources of pollutants in receiving water, stormwater, urban runoff, or other surface runoff pollution within the watershed or subwatershed to which the plan applies. The principal purpose of a watershed improvement plan is to implement existing and future water quality requirements and regulations by, among other things, where appropriate, identifying opportunities for stormwater detention, infiltration, use of natural treatment systems, water recycling, reuse, and supply augmentation; and providing programs and measures designed to promote, maintain, or achieve compliance with water quality laws and regulations, including water quality standards and other requirements of statewide plans, regional water quality control plans, total maximum daily loads, and NPDES permits. (b) The process of developing a watershed improvement plan shall be open and transparent, and shall be conducted consistent with all applicable open meeting laws. A county, city, special district, or combination thereof, shall solicit input from entities representing resource agencies, water agencies, sanitation districts, the environmental community, landowners, home builders, agricultural interests, and business and industry representatives. (c) Each county, city, special district, or combination thereof shall notify the appropriate regional board of its intention to develop a watershed improvement plan. The regional board may, in its discretion, participate in the preparation of the plan. A watershed improvement plan shall be consistent with the regional board’s water quality control plan. (d) A watershed improvement plan shall include all of the following elements relevant to the waters within the watershed or subwatershed to which the plan applies: (1) A description of the watershed or subwatershed improvement plan area, the rivers, streams, or manmade drainage channels within the plan area, the agencies with regulatory jurisdiction over matters to be addressed in the plan, the relevant receiving waters within or downstream from the plan area, and the county, city, special district, or combination thereof, participating in the plan. (2) A description of the proposed facilities and actions that will improve the protection and enhancement of water quality and the designated beneficial uses of waters of the state, consistent with water quality laws and regulations. (3) Recommendations for appropriate action by any entity, public or private, to facilitate achievement of, or consistency with, water quality objectives, standards, total maximum daily loads, or other water quality laws, regulations, standards, or requirements, a time schedule for the actions to be taken, and a description of appropriate measurement and monitoring to be undertaken to determine improvement in water quality. (4) A coordinated economic analysis and financing plan that identifies the costs, effectiveness, and benefits of water quality improvements specified in the watershed improvement plan, and, where feasible, incorporates user-based and cost recovery approaches to financing, which place the cost of managing and treating surface runoff pollution on the generators of the pollutants. (5) To the extent applicable, a description of regional best management practices, watershed-based natural treatment systems, low-flow diversion systems, stormwater capture, urban runoff capture, other measures constituting structural treatment best management practices, pollution prevention measures, low-impact development strategies, and site design, source control, and treatment control best management practices to promote improved water quality. (6) A description of the proposed structure, operations, powers, and duties of the implementing entity for the watershed improvement plan. (Added by Stats. 2009, Ch. 577, Sec. 1. (SB 310) Effective January 1, 2010.)
  157. 16102.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 27. California Watershed Improvement Act of 2009 [16100 - 16104] ( Chapter 27 added by Stats. 2009, Ch. 577, Sec. 1. )

    Verify source ↗

    A regional board must review certain watershed improvement plans, may approve them with conditions if they help meet water quality requirements, and may not approve overlapping plans unless amendment is infeasible.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 27. California Watershed Improvement Act of 2009 [16100 - 16104] ( Chapter 27 added by Stats. 2009, Ch. 577, Sec. 1. ) ## 16102. (a) A regional board shall review, in accordance with the reimbursement requirement described in subdivision (c), a watershed improvement plan developed pursuant to Section 16101 and may approve the plan, including any appropriate conditions to the approval, if the regional board finds that the proposed watershed improvement plan will facilitate compliance with water quality requirements. A regional board’s review and approval of the watershed improvement plan shall be limited to components described in paragraphs (1), (2), (3), and (5) of subdivision (d) of Section 16101. (b) A regional board may not approve a proposed watershed improvement plan that includes a geographical area included in an existing approved watershed improvement plan unless the regional board determines that it is infeasible to amend either the proposed watershed improvement plan or the approved watershed improvement plan to achieve the purposes of this chapter. (c) The entity or entities that develop a watershed improvement plan that is submitted to the regional board for approval shall reimburse the regional board for its costs, including the costs to review and oversee the implementation of the plan, if nonstate funds are not available to cover the costs of the review and oversight. For the purpose of this paragraph, the state board shall adopt a fee schedule by emergency regulation in the manner prescribed in paragraph (2) of subdivision (f) of Section 13260. Fees collected pursuant to this section shall be deposited in the Waste Discharge Permit Fund established by Section 13260. (d) A regional board may, if it deems appropriate, utilize provisions of approved watershed improvement plans to promote compliance with one or more of the regional board’s regulatory plans or programs. (e) Unless a regional board incorporates the provisions of a watershed improvement plan into waste discharge requirements issued to a permittee, the implementation of a watershed improvement plan by a permittee shall not be deemed to be compliance with those waste discharge requirements. (Added by Stats. 2009, Ch. 577, Sec. 1. (SB 310) Effective January 1, 2010.)
  158. 16103.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 27. California Watershed Improvement Act of 2009 [16100 - 16104] ( Chapter 27 added by Stats. 2009, Ch. 577, Sec. 1. )

    Verify source ↗

    Local agencies such as counties, cities, and special districts may impose certain runoff-related fees and may plan and maintain water-quality control facilities if the stated approval and reasonableness requirements are met.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 27. California Watershed Improvement Act of 2009 [16100 - 16104] ( Chapter 27 added by Stats. 2009, Ch. 577, Sec. 1. ) ## 16103. (a) In addition to making use of other financing mechanisms that are available to local agencies to fund watershed improvement plans and plan measures and facilities, a county, city, special district, or combination thereof may impose fees on activities that generate or contribute to runoff, stormwater, or surface runoff pollution, to pay the costs of the preparation of a watershed improvement plan, and the implementation of a watershed improvement plan if all of the following requirements are met:(1) The regional board has approved the watershed improvement plan. (2) The entity or entities that develop the watershed improvement plan make a finding, supported by substantial evidence, that the fee is reasonably related to the cost of mitigating the actual or anticipated past, present, or future adverse effects of the activities of the feepayer. “Activities,” for the purposes of this paragraph, means the operations and existing structures and improvements subject to regulation under an NPDES permit for municipal separate storm sewer systems. (3) The fee is not imposed solely as an incident of property ownership. (b) A county, city, special district, or combination thereof may plan, design, implement, construct, operate, and maintain controls and facilities to improve water quality, including controls and facilities related to the infiltration, retention and reuse, diversion, interception, filtration, or collection of surface runoff, including urban runoff, stormwater, and other forms of runoff, the treatment of pollutants in runoff or other waters subject to water quality regulatory requirements, the return of diverted and treated waters to receiving water bodies, the enhancement of beneficial uses of waters of the state, or the beneficial use or reuse of diverted waters. (c) The fees authorized under subdivision (a) may be imposed as user-based or regulatory fees consistent with this chapter. (Added by Stats. 2009, Ch. 577, Sec. 1. (SB 310) Effective January 1, 2010.)
  159. 16104.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 27. California Watershed Improvement Act of 2009 [16100 - 16104] ( Chapter 27 added by Stats. 2009, Ch. 577, Sec. 1. )

    Verify source ↗

    This chapter does not change requirements that govern water diversion.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 27. California Watershed Improvement Act of 2009 [16100 - 16104] ( Chapter 27 added by Stats. 2009, Ch. 577, Sec. 1. ) ## 16104. Nothing in this chapter alters requirements that govern the diversion of water. (Added by Stats. 2009, Ch. 577, Sec. 1. (SB 310) Effective January 1, 2010.)
  160. 1611.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Issuance or Refusal of License [1610 - 1611] ( Article 3 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board may revoke a permit if the works or water use do not comply with the law, the board’s rules, or the permit terms.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Issuance or Refusal of License [1610 - 1611] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 1611. If the board determines that the construction and condition of the works or the use of water therefrom are not in conformity with the law, the rules and regulations of the board, or the terms of the permit, it may revoke the permit in the manner provided in Article 5 (commencing with Section 1410) of Chapter 6 of this part. The board may in its discretion allow a reasonable time for the permittee to correct discrepancies in the works or use of water before taking action to revoke the permit. (Amended by Stats. 1963, Ch. 289.)
  161. 162.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. )

    Verify source ↗

    The director and the California Water Commission should agree on major departmental decisions whenever possible; if they disagree, the director’s views prevail for assigning responsibility to the Governor and Legislature.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. ) ## 162. It is the intention of the Legislature that in the making of all major departmental determinations, policies and procedures, such as departmental recommendations to the Legislature, the director and the California Water Commission shall be in agreement whenever possible; but for the purpose of fixing responsibility to the Governor and to the Legislature, in the event of disagreement between the director and the commission upon such matters, the views of the director shall prevail. (Amended by Stats. 2012, Ch. 728, Sec. 180. (SB 71) Effective January 1, 2013.)
  162. 16200.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 28. California Wetlands Policy Act [16200 - 16201] ( Chapter 28 added by Stats. 2024, Ch. 579, Sec. 1. )

    Verify source ↗

    The Legislature states California should protect, restore, and expand wetlands, and says the state and state board have independent power to protect and preserve remaining wetlands.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 28. California Wetlands Policy Act [16200 - 16201] ( Chapter 28 added by Stats. 2024, Ch. 579, Sec. 1. ) ## 16200. The Legislature finds and declares the following: (a) California’s wetland resources provide an abundance of benefits for humans and the environment, including, but not limited to, flood risk reduction, filtration of water pollutants, surface and groundwater supplies, shoreline protection, erosion reduction, wildlife habitat, open space, and public recreational opportunities. Wetlands are an important habitat for migratory waterfowl of the Pacific Flyway, endangered species, and many other resident wildlife and fish populations. (b) Scientists have determined that though small in area, wetlands are carbon sinks and wetland drainage leads to significant carbon and greenhouse gas emissions as stored carbon is oxidized. Management and restoration of wetlands provide many opportunities to restore carbon and reduce greenhouse gas emissions. (c) Historical filling and development projects have reduced California wetlands to a mere 10 percent of their original extent. The loss of coastal wetlands is even more alarming with 95 percent of the formerly abundant lagoons and marshes along California’s 1,100-mile coastline having been destroyed. (d) In 1972, Congress enacted the Clean Water Act, which included a program designed to preserve the nation’s dwindling wetlands. In recent decades, litigation over the extent of federal authority to protect wetlands and federal regulators’ failure to delineate clearly that authority has combined to threaten the nation’s few remnant wetlands. (e) The United States Supreme Court issued a ruling in Sackett v. Environmental Protection Agency (2023) 598 U.S. 651 that has had enormous ramifications for the health of the nation’s and California’s wetlands and waterways because it excluded many types of state waters, including certain wetlands, from federal Clean Water Act protection. (f) The Porter-Cologne Water Quality Control Act applies to waters of the state, which includes wetlands and other isolated and ephemeral waters. The State of California and the state board possess independent power to protect and preserve the state’s remaining wetlands. (g) In 2019, the state board adopted the “State Policy for Water Quality Control: State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State.” The state board adopted this state policy to ensure that California would protect wetlands no longer protected by federal law. (h) The action by the state board builds on the history of California’s efforts to conserve, protect, and restore wetlands. On August 23, 1993, Governor Pete Wilson issued Executive Order No. W-59-93, in which he recognized the importance of wetlands to California, the extreme loss of wetlands during the 19th and 20th centuries, and the need to ensure no net loss and long-term gain in the quantity, quality, and permanence of wetlands acreage and values in a manner that fosters creativity, stewardship, and respect for private property. (i) Since Governor Wilson’s executive order establishing a state policy of no net loss and long-term gain of wetlands, California has continued to lose more wetland acres than it replaces through restoration or mitigation. As these wetlands disappear, more wetland-dependent fish and wildlife slide closer to extinction and migratory birds are crowded into shrinking habitat areas that cause devastating outbreaks of disease and fail to provide the food necessary for these birds to make their long journeys between their summer and winter homes. California continues to remove lands that, if conserved, would provide important public benefits. (j) It is essential that California protect its last remaining wetlands and restore wetlands to achieve long-term gains for climate mitigation and resilience, flood risk reduction, clean water, biodiversity conservation, and recreation. (k) It is the intent of the Legislature that the implementation of the state policy of no net loss and long-term gain of wetlands is not measured on a permit-by-permit basis. This state policy will take efforts on multiple scales to achieve, including thoughtful project design and implementation, conservation of wetlands, restoration of wetlands, and landscape scale conservation planning. (l) It is the intent of the Legislature to codify the fundamental principles of the state wetlands policy to protect, restore, and expand California wetlands, and to concurrently ensure the state facilitates and encourages the enhancement and restoration of wetlands to prevent the loss of habitat due to inundation from sea level rise and other impacts associated with climate change. (Added by Stats. 2024, Ch. 579, Sec. 1. (AB 2875) Effective January 1, 2025.)
  163. 16201.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 28. California Wetlands Policy Act [16200 - 16201] ( Chapter 28 added by Stats. 2024, Ch. 579, Sec. 1. )

    Verify source ↗

    The state policy is to ensure no net loss and long-term gain in California wetlands acreage and values.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 28. California Wetlands Policy Act [16200 - 16201] ( Chapter 28 added by Stats. 2024, Ch. 579, Sec. 1. ) ## 16201. It is the policy of the state to ensure no net loss and long-term gain in the quantity, quality, and permanence of wetlands acreage and values in California. (Added by Stats. 2024, Ch. 579, Sec. 1. (AB 2875) Effective January 1, 2025.)
  164. 1625.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Contents and Conditions of License [1625 - 1631] ( Article 5 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board may prescribe the form and terms of each license.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Contents and Conditions of License [1625 - 1631] ( Article 5 enacted by Stats. 1943, Ch. 368. ) ## 1625. Each license shall be in such form and contain such terms as may be prescribed by the board. (Amended by Stats. 1957, Ch. 1932.)
  165. 1626.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Contents and Conditions of License [1625 - 1631] ( Article 5 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    All licenses must comply with the terms and conditions of this division.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Contents and Conditions of License [1625 - 1631] ( Article 5 enacted by Stats. 1943, Ch. 368. ) ## 1626. All licenses shall be under the terms and conditions of this division. (Enacted by Stats. 1943, Ch. 368.)
  166. 1627.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Contents and Conditions of License [1625 - 1631] ( Article 5 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    A water license lasts only while the appropriated water is being used for a useful and beneficial purpose in line with this division.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Contents and Conditions of License [1625 - 1631] ( Article 5 enacted by Stats. 1943, Ch. 368. ) ## 1627. A license shall be effective for such time as the water actually appropriated under it is used for a useful and beneficial purpose in conformity with this division but no longer. (Enacted by Stats. 1943, Ch. 368.)
  167. 1628.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Contents and Conditions of License [1625 - 1631] ( Article 5 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    A water license must include its stated conditions, and the licensee takes the license subject to those conditions.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Contents and Conditions of License [1625 - 1631] ( Article 5 enacted by Stats. 1943, Ch. 368. ) ## 1628. Every license shall include the enumeration of conditions therein which in substance shall include all of the provisions of this article and the statement that any appropriator of water to whom a license is issued takes the license subject to the conditions therein expressed. (Enacted by Stats. 1943, Ch. 368.)
  168. 1629.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Contents and Conditions of License [1625 - 1631] ( Article 5 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    A licensee who accepts a license must not assign or claim any value above what was actually paid to the State for the license or related rights.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Contents and Conditions of License [1625 - 1631] ( Article 5 enacted by Stats. 1943, Ch. 368. ) ## 1629. Every licensee, if he accepts a license, does so under the conditions precedent that no value whatsoever in excess of the actual amount paid to the State therefor shall at any time be assigned to or claimed for any license granted or issued under the provisions of this division, or for any rights granted or acquired under the provisions of this division, in respect to the regulation by any competent public authority of the services or the price of the services to be rendered by any licensee or by the holder of any rights granted or acquired under the provisions of this division or in respect to any valuation for purposes of sale to or purchase, whether through condemnation proceedings or otherwise, by the State or any city, city and county, municipal water district, irrigation district, lighting district, or any political subdivision of the State, of the rights and property of any licensee, or the possessor of any rights granted, issued, or acquired under the provisions of this division. (Enacted by Stats. 1943, Ch. 368.)
  169. 163.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. )

    Verify source ↗

    The commission may hire an executive officer, a staff engineer, and clerical assistants, and it may buy or rent needed supplies and equipment.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. ) ## 163. The commission may employ an executive officer, exempt from civil service, under subdivision (e) of Section 4 of Article XXIV of the Constitution, and a staff engineer from the staff of the department who shall be responsible to the commission. The commission may also employ such clerical assistants as may be necessary for the proper discharge of its duties and may purchase or rent necessary supplies, instruments, tools, equipment and conveniences. (Amended by Stats. 1974, Ch. 545.)
  170. 163.5.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. )

    Verify source ↗

    The department must provide requested assistance to the California Water Commission, including technical, legal, and clerical services, when required and funds are available.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. ) ## 163.5. The department shall furnish to the California Water Commission, at its request, such assistance, including technical, legal, and clerical services, as is required to the extent funds are made available therefor. (Amended by Stats. 1968, Ch. 1041.)
  171. 1630.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Contents and Conditions of License [1625 - 1631] ( Article 5 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    After 20 years from a license being granted, the State and certain local public entities have a right to buy the licensed works and property.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Contents and Conditions of License [1625 - 1631] ( Article 5 enacted by Stats. 1943, Ch. 368. ) ## 1630. At any time after the expiration of twenty years after the granting of a license, the State or any city, city and county, municipal water district, irrigation district, lighting district, or any political subdivision of the State shall have the right to purchase the works and property occupied and used under the license and the works built or constructed for the enjoyment of the rights granted under the license. (Enacted by Stats. 1943, Ch. 368.)
  172. 1631.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Contents and Conditions of License [1625 - 1631] ( Article 5 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    If the State or certain local public entities want to buy works and property but cannot agree with the owner on the purchase price, the price must be set by the method used for valuing property in eminent domain proceedings.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Contents and Conditions of License [1625 - 1631] ( Article 5 enacted by Stats. 1943, Ch. 368. ) ## 1631. In the event that the State, or any city, city and county, municipal water district, irrigation district, lighting district, or political subdivision of the State so desiring to purchase and the owner of the works and property can not agree upon the purchase price, the price shall be determined in such manner as is now or may hereafter be provided by law for determining the value of property taken in eminent domain proceedings. (Enacted by Stats. 1943, Ch. 368.)
  173. 164.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. )

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    The commission may hold hearings and conduct investigations anywhere in the state when needed to carry out its powers.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. ) ## 164. The commission may hold any hearings and conduct any investigations in any part of the state necessary to carry out the powers vested in it, and for such purposes has the powers conferred upon heads of departments of the state by Article 2 (commencing with Section 11180), Chapter 2, Part 1, Division 3, Title 2 of the Government Code. Any hearing or investigation by the commission may be conducted by any member or nominee upon authorization of the commission, and he shall have the powers granted to the commission by this section, but any final action of the commission shall be taken by a majority of the members of the commission at a meeting duly called and held. (Amended by Stats. 1967, Ch. 1656.)
  174. 165.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. )

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    The California Water Commission must review progress on the State Water Resources Development System every year and report its findings, with any recommendations it considers appropriate, to the department and the Legislature.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. ) ## 165. The California Water Commission shall conduct an annual review of the progress of construction and operation of the State Water Resources Development System, and shall make a report on its findings to the department and to the Legislature, together with whatever recommendations it deems appropriate. (Added by Stats. 1967, Ch. 180.)
  175. 1650.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Filing of Licenses and Orders with County Recorder [1650 - 1651] ( Article 6 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board must record a true copy of each issued license, or each order changing a license, within 30 days after issuance.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Filing of Licenses and Orders with County Recorder [1650 - 1651] ( Article 6 enacted by Stats. 1943, Ch. 368. ) ## 1650. A true copy of each license issued or of each order modifying or changing a license shall within 30 days after issuance thereof be recorded by the board in the office of the recorder of the county in which the point of diversion specified in the license lies or in case there are points of diversion lying in more than one county then in each of those counties in which a point of diversion lies and in case the place or places of use specified in the license are in different counties than the point or points of diversion also in the county or counties in which the place or places of use lie. (Amended by Stats. 1959, Ch. 51.)
  176. 1651.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Filing of Licenses and Orders with County Recorder [1650 - 1651] ( Article 6 enacted by Stats. 1943, Ch. 368. )

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    When a license revocation order becomes final, the board must promptly record a true copy of the order in the office or offices where the affected license is recorded.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 6. Filing of Licenses and Orders with County Recorder [1650 - 1651] ( Article 6 enacted by Stats. 1943, Ch. 368. ) ## 1651. Whenever an order revoking a license in whole or in part becomes final a true copy of the order shall be recorded promptly by the board in the office or offices in which a copy of the license affected is recorded. (Amended by Stats. 1959, Ch. 51.)
  177. 166.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. )

    Verify source ↗

    The California Water Commission must hold public hearings on proposed additions to the State Water Resources Development System.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. California Water Commission [150 - 166] ( Heading of Article 2 amended by Stats. 1957, Ch. 1941. ) ## 166. The California Water Commission shall hold public hearings on all additional facilities proposed to be added to the State Water Resources Development System by the department pursuant to the authority granted by Sections 12931 and 12938. (Added by Stats. 1967, Ch. 180.)
  178. 1675.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 7. Revocation of Licenses [1675 - 1675.2] ( Article 7 enacted by Stats. 1943, Ch. 368. )

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    The board may revoke a water license if the licensee does not use the water beneficially, stops using it beneficially, or violates license terms.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 7. Revocation of Licenses [1675 - 1675.2] ( Article 7 enacted by Stats. 1943, Ch. 368. ) ## 1675. (a) If, at any time after a license is issued, the board finds that the licensee has not put the water granted under the license to a useful or beneficial purpose in conformity with this division or that the licensee has ceased to put the water to that useful or beneficial purpose, or that the licensee has failed to observe any of the terms and conditions in the license, the board may revoke the license and declare the water to be subject to appropriation in accordance with this part. (b) The board may revoke the license upon request of the licensee or after due notice to the licensee and after a hearing, when a hearing is requested by the licensee pursuant to Section 1675.1. (c) As used in this section “licensee” includes the heirs, successors, or assigns of the licensee. (Amended by Stats. 2010, Ch. 288, Sec. 14. (SB 1169) Effective January 1, 2011.)
  179. 1675.1.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 7. Revocation of Licenses [1675 - 1675.2] ( Article 7 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The notice of proposed license revocation must include the facts and information supporting it, and the licensee may request a hearing by sending a written request to the board within 15 days after receiving the notice.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 7. Revocation of Licenses [1675 - 1675.2] ( Article 7 enacted by Stats. 1943, Ch. 368. ) ## 1675.1. The notice of proposed revocation of the license pursuant to Section 1675 shall contain a statement of facts and information upon which the proposed revocation is based, and shall include a statement substantially in the following form: Unless a written request for a hearing signed by or on behalf of the licensee is delivered or mailed to the board within 15 days after receipt of this notice, the board may act upon the proposed revocation of the license without a hearing. Any request for a hearing may be made by delivering or mailing the request to the board at the address given on the notice. (Added by Stats. 1971, Ch. 794.)
  180. 1675.2.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 7. Revocation of Licenses [1675 - 1675.2] ( Article 7 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    After a license is revoked without a hearing, the licensee may ask the board to set aside the revocation within 90 days, and the board may reinstate the license for good cause.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 9. Licenses [1600 - 1675.2] ( Chapter 9 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 7. Revocation of Licenses [1675 - 1675.2] ( Article 7 enacted by Stats. 1943, Ch. 368. ) ## 1675.2. In any case when a license is revoked without a hearing, as provided in Section 1675.1, the licensee, within 90 days of the date of the order of revocation, may file with the board a request to set aside the revocation, and the board, for good cause shown, may reinstate the license. (Added by Stats. 1971, Ch. 794.)
  181. 17.

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

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    A mark can count as a signature or subscription if the person cannot write, with a witness writing the person’s name near the mark.

    ## Water Code - WAT ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 368. ) ## 17. “Signature” or “subscription” includes mark when the signer or subscriber can not write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto. (Enacted by Stats. 1943, Ch. 368.)
  182. 1700.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. )

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    Water appropriated for one purpose is not treated as appropriated for a different purpose, but its use may be changed under this code.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. ) ## 1700. Water appropriated under the Water Commission Act or this code for one specific purpose shall not be deemed to be appropriated for any other or different purpose, but the purpose of the use of such water may be changed as provided in this code. (Enacted by Stats. 1943, Ch. 368.)
  183. 1700.2.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. )

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    An applicant, permittee, or licensee may change certain application, permit, or license terms only if the board gives permission.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. ) ## 1700.2. At any time after notice of an application is given, an applicant, permittee, or licensee may change the point of diversion, place of use, purpose of use, or any other provision or condition from that specified in the application, permit, or license; but that change may be made only upon permission of the board. (Added by renumbering Section 1701 by Stats. 2025, Ch. 401, Sec. 19. (AB 1520) Effective January 1, 2026.)
  184. 1700.4.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. )

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    The board may make a minor change to an application without a petition if specific conditions are met, and it must give notice and allow public comment first.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. ) ## 1700.4. (a) After notice of an application is given, the board may make a minor change to the application without requiring the filing of a petition for change if the board finds all of the following: (1) The change does not enlarge or increase the authorized rate, amount, or season of diversion. (2) The change does not increase the total area subject to inundation by water diverted to storage or the area where facilities will be constructed. (3) The change is not substantial or constitutes a reduction, agreed to by the applicant, in the authorized diversion, affected area, or other feature of the application. (4) The change does not have the potential to adversely affect the water supply of other legal users of water or instream beneficial uses. (b) (1) A minor change under this section may be initiated by the applicant or, with the applicant’s consent, the board. The board may obtain the applicant’s consent informally through an oral conversation or other informal means, but promptly shall confirm that consent by mail or electronic mail directed to the applicant. (2) Before making a minor change under this section, the board shall provide notice as described in paragraph (3) and allow at least 15 days for public comment. (3) The board shall provide notice by mail or electronic mail to the applicant and any person who has filed a protest against the application and shall post notice on its internet website. (Added by Stats. 2019, Ch. 255, Sec. 2. (SB 779) Effective January 1, 2020.)
  185. 1700.6.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. )

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    The board may approve certain minor changes to a permit or license without a petition if specific conditions are met.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. ) ## 1700.6. (a) The board may make a minor change to a permit or license without requiring the filing of a petition for change if the board finds all of the following: (1) The change involves a minor adjustment of the point of diversion, place of use, or purpose of use. (2) The change will not result in an increase in consumptive use. (3) The change does not have the potential to adversely affect the water supply of other legal users of water or instream beneficial uses. (b) (1) A minor change under this section may be initiated by the permittee or licensee or, with the permittee’s or licensee’s consent, the board. The board may obtain the permittee’s or licensee’s consent informally through an oral conversation or other informal means, but promptly shall confirm that consent in mail or electronic mail directed to the permittee or licensee. (2) Before making a minor change under this section, the board shall provide notice as described in paragraph (3) and allow at least 15 days for public comment. (3) The board shall provide notice by mail or electronic mail to the permittee or licensee and any person who has filed a comment concerning the proposed minor change and shall post notice on its internet website. (c) For purposes of this section, a “minor change” means a change in the permit or license that will not in effect initiate a new appropriative right and will meet the requirements of subdivision (a). (Added by Stats. 2019, Ch. 255, Sec. 3. (SB 779) Effective January 1, 2020.)
  186. 1701.1.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. )

    Verify source ↗

    A petitioner filing a change petition after notice of an application must include specified information and support it with a signed, properly formed filing.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. ) ## 1701.1. A petition for change filed after notice of an application shall meet all of the following requirements: (a) State the name and address of the petitioner. (b) Be signed by the petitioner, or the petitioner’s agent or attorney. (c) Set forth amendments to the application or an amended application reflecting the proposed change, including any information necessary for the amended application to comply with Section 1260. (d) Include sufficient information to demonstrate a reasonable likelihood that the proposed change will not injure any other legal user of water. (e) Contain other appropriate information and be in the form required by applicable regulations. (Added by Stats. 2001, Ch. 315, Sec. 6. Effective January 1, 2002.)
  187. 1701.2.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. )

    Verify source ↗

    A petitioner seeking a change in a permit or license must submit a petition with specified information and signatures.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. ) ## 1701.2. A petition for change in a permit or license shall meet all of the following requirements: (a) State the name and address of the petitioner. (b) Be signed by the petitioner, or the petitioner’s agent or attorney. (c) Include all information reasonably available to the petitioner, or that can be obtained from the Department of Fish and Wildlife, concerning the extent, if any, to which fish and wildlife would be affected by the change, and a statement of any measures proposed to be taken for the protection of fish and wildlife in connection with the change. (d) Include sufficient information to demonstrate a reasonable likelihood that the proposed change will not injure any other legal user of water. (e) Contain other appropriate information and be in the form required by applicable regulations. (Amended by Stats. 2015, Ch. 683, Sec. 57. (SB 798) Effective January 1, 2016.)
  188. 1701.3.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. )

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    After a petition is filed, the board may ask for additional information and must give a reasonable time to submit it.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. ) ## 1701.3. (a) After a petition is filed, the board may request additional information reasonably necessary to clarify, amplify, correct, or otherwise supplement the information required to be submitted under this chapter. The board shall provide a reasonable period for submitting the information. (b) The additional information may include, but need not be limited to, any of the following: (1) Information needed to demonstrate that the change will not injure any other legal user of water. (2) Information needed to demonstrate that the change will comply with any applicable requirements of the Fish and Game Code or the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.). (3) Information needed to comply with Division 13 (commencing with Section 21000) of the Public Resources Code. (Amended by Stats. 2010, Ch. 288, Sec. 15. (SB 1169) Effective January 1, 2011.)
  189. 1701.4.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. )

    Verify source ↗

    If the petitioner does not submit requested information on time, the board must cancel the petition unless it grants extra time for good cause.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. ) ## 1701.4. If, within the period provided, the petitioner does not provide the information requested pursuant to Section 1701.3, the board shall cancel the petition, unless, for good cause shown, the board allows additional time to submit the requested information. (Added by Stats. 2001, Ch. 315, Sec. 9. Effective January 1, 2002.)
  190. 1702.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. )

    Verify source ↗

    A petitioner may get permission for a change only if the petitioner proves to the board that the change will not injure any legal user of the water involved.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. ) ## 1702. Before permission to make such a change is granted the petitioner shall establish, to the satisfaction of the board, and it shall find, that the change will not operate to the injury of any legal user of the water involved. (Amended by Stats. 1957, Ch. 1932.)
  191. 1703.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. )

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    After filing a petition to change a water application, permit, or license, the petitioner must notify the Department of Fish and Wildlife in writing, and may also have to give or publish notice if the board requires it.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. ) ## 1703. After filing a petition for permission to make a change, the petitioner, in case the board so requires, shall cause notice thereof to be given or published in the manner prescribed by the board. In all cases the petitioner shall notify the Department of Fish and Wildlife in writing of the proposed change. (Amended by Stats. 2015, Ch. 683, Sec. 58. (SB 798) Effective January 1, 2016.)
  192. 1703.1.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. )

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    Any interested person may file a written protest with the board against approval of a petition, if filed within the notice period or any longer time the board allows for good cause.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. ) ## 1703.1. Any interested person, within the time allowed in the notice of petition, or within the time the board may allow for good cause shown, may file with the board a written protest against approval of the petition. (Added by Stats. 2001, Ch. 315, Sec. 10. Effective January 1, 2002.)
  193. 1703.2.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. )

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    A protest must include the protestant’s name and address, signature, specific objections and bases, required information and form, and service on the petitioner.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. ) ## 1703.2. The protest shall meet all of the following requirements: (a) State the name and address of the protestant. (b) Be signed by the protestant, or the protestant’s agent or attorney. (c) Clearly and specifically set forth the protestant’s objections to the approval of the petition, and state the bases for these objections. (d) Contain other appropriate information and be in the form required by applicable regulations. (e) Be served on the petitioner by the protestant by mailing a duplicate copy of the protest to the petitioner or through service undertaken in another manner determined to be adequate by the board. (Added by Stats. 2001, Ch. 315, Sec. 11. Effective January 1, 2002.)
  194. 1703.3.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. )

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    The board may ask a protestant for extra information, must give a reasonable time to respond, and may grant more time for good cause.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. ) ## 1703.3. The board may request from the protestant additional information reasonably necessary to clarify, amplify, correct, or otherwise supplement the information required to be submitted pursuant to Section 1703.2. The board shall provide a reasonable period for submitting the information, and may allow additional time for good cause shown. (Added by Stats. 2001, Ch. 315, Sec. 12. Effective January 1, 2002.)
  195. 1703.4.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. )

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    The protestant and the petitioner must try in good faith to resolve the protest within 180 days after the Section 1703.1 period ends.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. ) ## 1703.4. The protestant and the petitioner shall make a good faith effort to resolve the protest not later than 180 days from the date the period provided pursuant to Section 1703.1 expires. For good cause, the board may allow additional time for the protestant and the petitioner to attempt to resolve the protest. (Added by Stats. 2001, Ch. 315, Sec. 13. Effective January 1, 2002.)
  196. 1703.5.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. )

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    The board may ask the protestant or petitioner for additional information and must give a reasonable time to submit it.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. ) ## 1703.5. The board may request from the protestant or the petitioner additional information that the board determines is reasonably necessary to attempt to resolve the protest. The board shall provide a reasonable period for submitting the information, and may allow additional time for good cause shown. (Added by Stats. 2001, Ch. 315, Sec. 14. Effective January 1, 2002.)
  197. 1703.6.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. )

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    The board may cancel a protest or petition if requested information is not provided in time, but there are limits on canceling a protest when the missing information is not under the protestant’s control.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. ) ## 1703.6. (a) The board may cancel a protest or petition for failure to provide information requested by the board under this chapter within the period provided. (b) Except as provided in subdivisions (c) and (d), the board shall not cancel a protest for failure to submit information not in the possession or under the control of the protestant if the protest meets the requirements of Section 1703.2 and the petitioner is or could be required to submit the information under Section 1701.1, 1701.2, or 1701.3. (c) If a protest is based on injury to a legal user of water, the board may cancel the protest if the protestant fails to submit any of the following information requested by the board: (1) Information that the protestant is required to submit to the board to comply with Part 5.1 (commencing with Section 5100) during any period after the protest is filed. (2) Information that is reasonably necessary to determine if the protestant is a legal user of water. (3) Information concerning the protestant’s historical, current, or proposed future diversion and use of water that is reasonably necessary to determine if the proposed change will result in injury to the protestant’s exercise of its water right or other legal use of water. (d) If the protest is based on an allegation other than injury to a legal user of water, the board may cancel the protest for failure to submit information requested by the board if the board determines both of the following: (1) The public review period has expired for any draft environmental document or negative declaration required to be circulated for public review and comment pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code. (2) In the absence of the requested information, there is no substantial evidence in light of the whole record to support the allegation. (e) If a protest is subject to both subdivisions (c) and (d), the part of the protest subject to subdivision (c) may be canceled pursuant to subdivision (c) and the part of the protest subject to subdivision (d) may be canceled pursuant to subdivision (d). (Amended by Stats. 2010, Ch. 288, Sec. 16. (SB 1169) Effective January 1, 2011.)
  198. 1704.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. )

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    The board may approve a petition with conditions or deny it, and it must mail hearing notice at least 20 days before the hearing to the petitioner and any protestant.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. ) ## 1704. (a) The board, after a hearing, may approve with conditions, or deny, a petition. (b) Notice of hearing shall be given by mailing the notice not less than 20 days before the date of hearing to the petitioner and to any protestant by registered mail. (c) (1) The board may, but is not required to, hold a hearing prior to approving an unprotested petition. (2) The board may, but is not required to, hold a hearing if the board determines that undisputed facts support the approval of the petition and there is no disputed issue of material fact. (3) The board may, but is not required to, hold a hearing prior to denying a petition, if, after notice, the board determines that the petition is defective, the petition fails to provide information requested by the board, or undisputed facts support the denial of the petition and there is no disputed issue of material fact. (Amended by Stats. 2001, Ch. 315, Sec. 16. Effective January 1, 2002.)
  199. 1704.1.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. )

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    The Division of Water Rights must conduct a field investigation of all minor protested petitions for change, and the board must notify the parties at least 20 days before the investigation.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. ) ## 1704.1. The Division of Water Rights shall conduct a field investigation of all minor protested petitions for change. The board shall notify the parties of the field investigation not less than 20 days prior to conducting the field investigation, to enable the parties to attend and present information to the board. (Amended by Stats. 1997, Ch. 323, Sec. 17. Effective January 1, 1998.)
  200. 1704.2.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. )

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    The Division of Water Rights may ask parties for supporting information and may request information before, during, or after a field investigation.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. ) ## 1704.2. The Division of Water Rights may request the parties to submit information in support of their positions. The Division of Water Rights may request information before, during, or after the field investigation. After the field investigation, the Division of Water Rights may conduct additional proceedings in accordance with Article 10 (commencing with Section 11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code. (Repealed and added by Stats. 1997, Ch. 323, Sec. 19. Effective January 1, 1998.)

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