Water Code — Part 13 | WAT — United States — California law | Esheria

Water Code

Part 13 of 51 · provisions 2,401–2,600

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

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Provisions of Water Code

Showing 200 of 10,024

  1. 1704.3.

    ## 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 Division of Water Rights must issue an order on a minor petition for change, unless the board decides more proceedings are needed under Section 183.

    ## 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. ) ## 1704.3. Based upon the field investigation and any other information obtained under this chapter, the Division of Water Rights shall issue an order acting on the minor petition for change unless the board in its discretion determines that additional proceedings should be conducted under Section 183. An order of the Division of Water Rights is subject to review as provided in Chapter 4 (commencing with Section 1120) of Part 1. (Repealed and added by Stats. 1997, Ch. 323, Sec. 21. Effective January 1, 1998.)
  2. 1704.4.

    ## 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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    This section defines when a petition for change is a “minor petition for change.”

    ## 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. ) ## 1704.4. For purposes of this chapter, a minor petition for change means either of the following: (a) Any petition which does not involve direct diversions in excess of three cubic-feet per second or storage in excess of 200 acre-feet per year. (b) A petition for change by a groundwater sustainability agency or local agency, as defined in Section 10721, for a change previously authorized by a temporary change under Article 2 (commencing with Section 1443) of Chapter 6.6. (Amended by Stats. 2019, Ch. 678, Sec. 16. (AB 658) Effective January 1, 2020.)
  3. 1705.

    ## 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 hearing, the board must grant or refuse permission to change specified water-use terms, depending on the facts.

    ## 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. ) ## 1705. After the hearing, the board shall grant or refuse, as the facts warrant, permission to change the point of diversion, place of use, purpose of use, or any other provision or condition. (Amended by Stats. 2019, Ch. 255, Sec. 4. (SB 779) Effective January 1, 2020.)
  4. 1706.

    ## 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 person entitled to use appropriated water may change the diversion point, place of use, or purpose of use if others are not injured, and may extend the diversion works beyond the original place of 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 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. ) ## 1706. The person entitled to the use of water by virtue of an appropriation other than under the Water Commission Act or this code may change the point of diversion, place of use, or purpose of use if others are not injured by such change, and may extend the ditch, flume, pipe, or aqueduct by which the diversion is made to places beyond that where the first use was made. (Enacted by Stats. 1943, Ch. 368.)
  5. 1707.

    ## 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 person entitled to use water may ask the board to change an application, permit, or license to support wetlands, fish and wildlife, or recreation uses, and the board may approve it with 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 10. Change to an Application, Permit, or License [1700 - 1707] ( Heading of Chapter 10 amended by Stats. 2019, Ch. 255, Sec. 1. ) ## 1707. (a) (1) Any person entitled to the use of water, whether based upon an appropriative, riparian, or other right, may petition the board pursuant to this chapter, Chapter 6.6 (commencing with Section 1435) or Chapter 10.5 (commencing with Section 1725) for a change for purposes of preserving or enhancing wetlands habitat, fish and wildlife resources, or recreation in, or on, the water. (2) The petition may be submitted for any of the purposes described in paragraph (1) and may, but is not required to, be submitted in combination with a petition to make any other change authorized pursuant to this part. The petition shall specify the time, location, and scope of the requested change, and other relevant information relating thereto. (b) The board may approve the petition filed pursuant to subdivision (a), subject to any terms and conditions which, in the board’s judgment, will best develop, conserve, and utilize, in the public interest, the water proposed to be used as part of the change, whether or not the proposed use involves a diversion of water, if the board determines that the proposed change meets all of the following requirements: (1) Will not increase the amount of water the person is entitled to use. (2) Will not unreasonably affect any legal user of water. (3) Otherwise meets the requirements of this division. (c) (1) Upon the request of the petitioner, the board may specify, as part of its approval of the petition, that the water that is subject to the approval pursuant to this section shall be in addition to water that is required, if any, to be used for instream purposes to satisfy any applicable federal, state, or local regulatory requirements governing water quantity, water quality, instream flows, fish and wildlife, wetlands, recreation, and other instream beneficial uses. If the request is approved by the board, state and local agencies, as well as the courts, shall not credit the water subject to that petition towards compliance with any of the regulatory requirements described in this subdivision. A federal agency shall comply with the requirement imposed by this paragraph to the extent required by federal law, or to the extent that it chooses to comply. (2) For the purposes of this subdivision, “requirements” includes requirements or obligations that have not been formally established or allocated at the time of the petition, and obligations under any agreement entered into to meet those requirements. Neither any petition filed pursuant to this section nor any documents or statements made in connection therewith shall be construed or used as an admission, evidence, or indication of any obligation to meet any of the requirements described in this subdivision. (d) Except as provided in subdivision (c), water that is subject to a petition granted pursuant to this section shall be used to meet, in whole or in part, any requirement described in subdivision (c) if any of these requirements exist. The water shall be credited to the petitioner, or to any other person or entity designated by the petitioner, whenever that person or entity has, or may have, obligations to meet one or more of the requirements described in subdivision (c). The water shall be credited towards compliance with any requirements described in subdivision (c), by state and local agencies, as well as the courts. A federal agency shall comply with the requirement imposed by this subdivision to the extent required by federal law, or to the extent that it chooses to comply. (Amended by Stats. 1999, Ch. 938, Sec. 7. Effective January 1, 2000.)
  6. 1725.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 1. Temporary Changes [1725 - 1732] ( Article 1 added by Stats. 1988, Ch. 1145, Sec. 3. )

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    Permittee or licensee may temporarily change certain water-use details if specified water-impact 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 1. Temporary Changes [1725 - 1732] ( Article 1 added by Stats. 1988, Ch. 1145, Sec. 3. ) ## 1725. (a) A permittee or licensee may temporarily change the point of diversion, place of use, or purpose of use due to a transfer or exchange of water or water rights if the transfer would only involve the amount of water that would have been consumptively used or stored by the permittee or licensee in the absence of the proposed temporary change, would not injure any legal user of the water, and would not unreasonably affect fish, wildlife, or other instream beneficial uses. (b) The provisions of this article applicable to a permittee or licensee proposing a temporary change apply to a person entitled to the use of water who proposes pursuant to this article a temporary change under Section 1707 and the temporary change shall be deemed a transfer of water or water rights. (Amended by Stats. 2022, Ch. 675, Sec. 2. (AB 2895) Effective January 1, 2023.)
  7. 1725.5.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 1. Temporary Changes [1725 - 1732] ( Article 1 added by Stats. 1988, Ch. 1145, Sec. 3. )

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    This section defines “consumptively used,” “temporary change,” and “transfer” for this article.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 1. Temporary Changes [1725 - 1732] ( Article 1 added by Stats. 1988, Ch. 1145, Sec. 3. ) ## 1725.5. For purposes of this article, the following definitions apply: (a) “Consumptively used” means the amount of water that has been consumed through use by evapotranspiration, has percolated underground, or has been otherwise removed from use in the downstream water supply as a result of direct diversion. (b) “Temporary change” means a change involving a transfer of water or water rights for a period of one year or less. The one-year period does not include any time required for monitoring, reporting, or mitigation before or after the temporary change is carried out. If, within a period of one year or less, the water involved in the temporary change is moved to offstream storage outside of the watershed where the water originated, the change shall be considered a temporary change, and the water moved to offstream storage outside the watershed where the water originated may be put to beneficial use in the place of use and for the purposes of use specified in the board’s order approving the temporary change either during or after that period. (c) “Transfer” includes an exchange of water or water rights. (Added by Stats. 2022, Ch. 675, Sec. 3. (AB 2895) Effective January 1, 2023.)
  8. 1726.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 1. Temporary Changes [1725 - 1732] ( Article 1 added by Stats. 1988, Ch. 1145, Sec. 3. )

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    A permittee or licensee seeking a temporary change must file a petition with the board and follow notice, comment, and timing 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 1. Temporary Changes [1725 - 1732] ( Article 1 added by Stats. 1988, Ch. 1145, Sec. 3. ) ## 1726. (a) (1) A permittee or licensee who proposes a temporary change shall submit to the board a petition to change the terms of the permit or license as required to accomplish the proposed temporary change. The petition for a temporary change shall be filed by the permittee or licensee. If the proposed temporary change is for the benefit of a contractor or user supplied directly or indirectly by the permittee or licensee, the permittee or licensee may authorize the contractor or user to participate as a copetitioner. The permittee or licensee shall identify any copetitioner in the petition. (2) A contractor or user described in paragraph (1), whether or not designated as a copetitioner, and the person to whom the water is proposed to be transferred, shall be named as parties to the proceeding, with the same rights to receive notices, respond to board determinations, and petition for writ of mandate as the petitioner. (b) In order to be complete, a petition shall include both of the following: (1) Reference to the permit or license, or to the water right proposed to be changed under Section 1707, that serves as the basis for the water transfer. (2) A written description of the changes, including, but not limited to, changes in timing, in water storage, in point of diversion, in place and purpose of use, in point of return flow, in water quality, or in instream flows, that are likely to occur as a result of the proposed temporary change. (c) A petitioner shall provide a copy of the complete petition to the Department of Fish and Wildlife, the board of supervisors of the county or counties in which the petitioner currently stores or uses the water subject to the petition, and the board of supervisors of the county or counties to which the water is proposed to be transferred. (d) The board shall, in a timely manner, provide to the petitioner a list of water right holders of record on file with the board who may be affected by the transfer, and the petitioner shall provide written notice to those water right holders not later than 10 days after the date on which the complete petition is submitted. The board shall post the notice of petition on its internet website not later than 10 days after the date on which the complete petition is submitted. The notice of the petition shall specify the date on which comments are due. The board may impose on the petitioner any other notice requirement it determines to be necessary. (e) Within 10 days of the date of receipt of a complete petition, the board shall commence an investigation of the proposed temporary change. Pursuant to that investigation, the board shall determine if the water proposed to be transferred would have been consumptively used or stored pursuant to the petitioner’s permit or license in the absence of the proposed transfer or conserved pursuant to Section 1011. The board also shall evaluate the changes, including, but not limited to, changes in timing, in water storage, in point of diversion, in place and purpose of use, in point of return flow, in water quality, or in instream flows, that are likely to occur as a result of the proposed temporary change. (f) Water users that may be affected by a proposed temporary change and any other interested party may file a written comment regarding a petition with the board. Comments shall be filed not later than 30 days after the date that the notice was provided pursuant to subdivision (d). The board shall evaluate and take into consideration all comments that are filed in a timely manner. (g) (1) Except as specified in paragraphs (2), (3), and (4), the board shall render a decision on the petition not later than 35 days after the date that investigation commenced or the date that the notice was distributed, whichever is later. The board’s decision shall be in accordance with the substantive standards set forth in Section 1728. The board shall explain its decision in writing and shall send copies of the decision to the petitioner, the Department of Fish and Wildlife, the board of supervisors of the county or counties described in subdivision (c), the proposed transferee, and any party who has filed a written comment in accordance with subdivision (f). (2) If comments are filed in accordance with subdivision (f), or for any other good cause, the board may extend the date of its decision for up to 20 days. (3) If the board or the petitioner determines that an additional extension of time for a decision is necessary for the board to make the findings required by Section 1728, the board may extend the time for a decision with the consent of the petitioner. (4) If the board or the petitioner determines before the deadline for issuing a decision under paragraph (1), (2), or (3), as applicable, that a hearing is necessary, the board shall identify the issues for which additional evidence is required and shall fix a time and place for the hearing not later than 45 days after the board determines that a hearing is necessary. The board shall provide notice of the time, place, and subject matter of the hearing to the petitioner, the Department of Fish and Wildlife, the board of supervisors of the county or counties described in subdivision (c), the water right holders of record identified pursuant to subdivision (d), the proposed transferee, and any party who has filed a written comment in accordance with subdivision (f). The board shall issue a decision on the petition within 60 days after the matter is submitted. The board may extend the deadlines under this paragraph with the consent of the petitioner. (Amended by Stats. 2022, Ch. 675, Sec. 4. (AB 2895) Effective January 1, 2023.)
  9. 1727.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 1. Temporary Changes [1725 - 1732] ( Article 1 added by Stats. 1988, Ch. 1145, Sec. 3. )

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    For temporary water change petitions, the permittee or licensee may give notice to the board, and the board must publish, notify interested persons, and decide the petition within set deadlines.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 1. Temporary Changes [1725 - 1732] ( Article 1 added by Stats. 1988, Ch. 1145, Sec. 3. ) ## 1727. (a) This section applies to a petition for temporary change for which notice is provided to the board under this section no later than January 31 of the year in which the transfer will be initiated. (b) A permittee or licensee considering a temporary change may provide notice to the board as provided in this section. The notice shall be in a form required by the board and shall include all of the following: (1) The permit or license number, or the water right proposed to be changed under Section 1707, being considered for a temporary change. (2) The method by which water will be made available for the transfer. (3) An email address to which interested parties or the board may submit inquiries regarding the potential temporary change. (c) By February 15 of each year, the board shall post on its internet website and disseminate by email LISTSERV a list of all timely and complete notices for which notice is filed under this section. (d) By March 1 of each year, an interested person may request notice of a petition submitted under Section 1726 by submitting to the board that person’s email address, the permit or license, or water right to be changed under Section 1707, for which the interested person requests notice of a petition for temporary change, and the concerns related to effects on other legal users, fish, wildlife, instream beneficial uses, or groundwater conditions the person may raise in comments on the petition. The board shall forward to the permittee or licensee considering the temporary change any concerns received from interested persons under this subdivision. (e) After submittal of a complete petition for which notice is provided under this section, the board shall provide notice of the petition by sending a copy to all persons who submitted complete requests under subdivision (d), posting the petition on its internet website, and disseminating the petition by email LISTSERV. Any interested party may file a written comment on the petition not later than 30 days after submittal of a complete petition. (f) The board shall issue a decision within 35 days after submittal of a complete petition for which notice is provided under this section. If comments are filed in accordance with subdivision (f), or for any other good cause, the board may extend the date of its decision for up to 20 days. If the board or the petitioner determines that an additional extension of time for a decision is necessary for the board to make the findings required by Section 1728, or that a hearing is necessary for the board to make those findings, the board may extend the time for a decision with the consent of the petitioner. (Added by Stats. 2022, Ch. 675, Sec. 6. (AB 2895) Effective January 1, 2023.)
  10. 1728.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 1. Temporary Changes [1725 - 1732] ( Article 1 added by Stats. 1988, Ch. 1145, Sec. 3. )

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    The board must review temporary-change petitions and approve them if the evidence shows no injury to legal water users and no unreasonable effect on fish, wildlife, or other instream beneficial uses.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 1. Temporary Changes [1725 - 1732] ( Article 1 added by Stats. 1988, Ch. 1145, Sec. 3. ) ## 1728. (a) The board shall review a petition for a temporary change of water rights in accordance with this section. (b) The board shall approve a temporary change if it determines that a preponderance of the evidence shows both of the following: (1) The proposed temporary change would not injure any legal user of the water, during any potential hydrologic condition that the board determines is likely to occur during the proposed change, through significant changes in water quantity, water quality, timing of diversion or use, consumptive use of the water, or reduction in return flows. (2) The proposed temporary change would not unreasonably affect fish, wildlife, or other instream beneficial uses. (c) The petitioner shall have the burden of establishing that a proposed temporary change would comply with paragraphs (1) and (2) of subdivision (b). If the board determines that that petitioner has established a prima facie case, the burden of proof shall shift to any party that has filed a comment pursuant to subdivision (f) of Section 1726 to prove that the proposed temporary change would not comply with paragraphs (1) and (2) of subdivision (b). The board may make a determination required by this subdivision without a hearing. (d) In reviewing a petition for a temporary change, the board shall not modify any term or condition of the petitioner’s permit or license, including those terms that protect other legal users of water, fish, wildlife, and other instream beneficial uses, except as necessary to carry out the temporary change in accordance with this article. (e) In applying the standards set forth in paragraphs (1) and (2) of subdivision (b), the board shall not deny, or place conditions on, a temporary change to avoid or mitigate impacts that are not caused by the temporary change. Neither the Department of Fish and Wildlife, nor any other state agency that comments on the proposed temporary change, shall propose conditions to mitigate effects on fish, wildlife, or other instream beneficial uses that are not caused by the proposed temporary change. This subdivision does not limit the board, the Department of Fish and Wildlife, or any other state agency, in proceedings pursuant to any provision of law other than this article. (f) The board shall explain its decision on a petition in writing and provide copies of the decision to the petitioner, the Department of Fish and Wildlife, the board of supervisors of the county or counties in which the petitioner currently stores or uses the water subject to the petition, the board of supervisors of the county or counties to which the water is proposed to be transferred, the proposed transferee, and any party who has filed a written comment on the petition. (Added by renumbering Section 1727 by Stats. 2022, Ch. 675, Sec. 5. (AB 2895) Effective January 1, 2023.)
  11. 1729.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 1. Temporary Changes [1725 - 1732] ( Article 1 added by Stats. 1988, Ch. 1145, Sec. 3. )

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    A proposed temporary change under this article is exempt from certain Public Resources Code requirements.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 1. Temporary Changes [1725 - 1732] ( Article 1 added by Stats. 1988, Ch. 1145, Sec. 3. ) ## 1729. A proposed temporary change under this article shall be exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code. (Repealed and added by Stats. 1988, Ch. 1145, Sec. 3.)
  12. 1731.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 1. Temporary Changes [1725 - 1732] ( Article 1 added by Stats. 1988, Ch. 1145, Sec. 3. )

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    After the temporary change period ends, all rights automatically revert to the original holder without any action 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 1. Temporary Changes [1725 - 1732] ( Article 1 added by Stats. 1988, Ch. 1145, Sec. 3. ) ## 1731. Following the expiration of the temporary change period, all rights shall automatically revert to the original holder of the right without any action by the board. (Added by Stats. 1988, Ch. 1145, Sec. 3.)
  13. 1732.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 1. Temporary Changes [1725 - 1732] ( Article 1 added by Stats. 1988, Ch. 1145, Sec. 3. )

    Verify source ↗

    The petitioner must not start or increase groundwater use to replace transferred surface water, unless doing so complies with Sections 1745.10 and 1745.11.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 1. Temporary Changes [1725 - 1732] ( Article 1 added by Stats. 1988, Ch. 1145, Sec. 3. ) ## 1732. The petitioner shall not initiate or increase the use of groundwater to replace surface water transferred pursuant to this article, except in compliance with Sections 1745.10 and 1745.11. (Repealed and added by Stats. 1999, Ch. 938, Sec. 13. Effective January 1, 2000.)
  14. 1735.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 2. Long-Term Transfers [1735 - 1737] ( Article 2 added by Stats. 1988, Ch. 1145, Sec. 3. )

    Verify source ↗

    The board may consider petitions for long-term water transfers involving changes to diversion point, place of use, or purpose of 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 2. Long-Term Transfers [1735 - 1737] ( Article 2 added by Stats. 1988, Ch. 1145, Sec. 3. ) ## 1735. The board may consider a petition for a long-term transfer of water or water rights involving a change of point of diversion, place of use, or purpose of use. A long-term transfer shall be for any period in excess of one year. (Repealed and added by Stats. 1988, Ch. 1145, Sec. 3.)
  15. 1736.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 2. Long-Term Transfers [1735 - 1737] ( Article 2 added by Stats. 1988, Ch. 1145, Sec. 3. )

    Verify source ↗

    The board may approve a long-term water transfer petition if it gives notice and a hearing, including written notice to the Department of Fish and Wildlife and an opportunity for that department to review and recommend, and if the change will not cause substantial injury to legal water users or unreasonably affect fish, wildlife, or instream beneficial uses.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 2. Long-Term Transfers [1735 - 1737] ( Article 2 added by Stats. 1988, Ch. 1145, Sec. 3. ) ## 1736. The board, after providing notice and opportunity for a hearing, including, but not limited to, written notice to, and an opportunity for review and recommendation by, the Department of Fish and Wildlife, may approve such a petition for a long-term transfer where the change would not result in substantial injury to any legal user of water and would not unreasonably affect fish, wildlife, or other instream beneficial uses. (Amended by Stats. 2015, Ch. 683, Sec. 61. (SB 798) Effective January 1, 2016.)
  16. 1737.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 2. Long-Term Transfers [1735 - 1737] ( Article 2 added by Stats. 1988, Ch. 1145, Sec. 3. )

    Verify source ↗

    After the long-term transfer period ends, the rights automatically return to the original holders.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 2. Long-Term Transfers [1735 - 1737] ( Article 2 added by Stats. 1988, Ch. 1145, Sec. 3. ) ## 1737. Following the expiration of the long-term transfer period, all rights shall automatically revert to the original holders of the right without any action by the board. (Repealed and added by Stats. 1988, Ch. 1145, Sec. 3.)
  17. 174.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. )

    Verify source ↗

    This section establishes the State Water Resources Control Board and gives it the state’s adjudicatory and regulatory functions in 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. ) ## 174. (a) The Legislature hereby finds and declares that in order to provide for the orderly and efficient administration of the water resources of the state, it is necessary to establish a control board that shall exercise the adjudicatory and regulatory functions of the state in the field of water resources. (b) It is also the intention of the Legislature to combine the water rights, water quality, and drinking water functions of the state government to provide for coordinated consideration of water rights, water quality, and safe and reliable drinking water. (c) This section shall become operative on July 1, 2014. (Repealed (in Sec. 181) and added by Stats. 2014, Ch. 35, Sec. 182. (SB 861) Effective June 20, 2014. Section operative July 1, 2014, by its own provisions.)
  18. 1740.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 3. Transfer of Decreed Rights [1740- 1740.] ( Article 3 added by Stats. 1988, Ch. 1145, Sec. 3. )

    Verify source ↗

    Certain decreed water rights are transferable, and the court may issue a supplemental decree changing rights on motion.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 3. Transfer of Decreed Rights [1740- 1740.] ( Article 3 added by Stats. 1988, Ch. 1145, Sec. 3. ) ## 1740. Any water right determined under a court decree issued pursuant to Chapter 3 (commencing with Section 2500) of Part 3 shall be transferable pursuant to this chapter and Chapter 10 (commencing with Section 1700). The court having the appropriate jurisdiction over the decreed rights may enter a supplemental decree modifying any rights involved upon motion of the board or any party with a vested water right. (Amended by Stats. 2013, Ch. 634, Sec. 1. (AB 426) Effective January 1, 2014.)
  19. 1745.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 4. Water Supplier Contracts [1745 - 1745.11] ( Article 4 added by Stats. 1992, Ch. 481, Sec. 1. )

    Verify source ↗

    This section defines “person” and “water supplier” for this article.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 4. Water Supplier Contracts [1745 - 1745.11] ( Article 4 added by Stats. 1992, Ch. 481, Sec. 1. ) ## 1745. As used in this article, the following terms have the following meanings: (a) “Person” includes a public agency. (b) “Water supplier” means a local public agency or private company supplying or storing water, or a mutual water company. (Added by Stats. 1992, Ch. 481, Sec. 1. Effective January 1, 1993.)
  20. 1745.02.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 4. Water Supplier Contracts [1745 - 1745.11] ( Article 4 added by Stats. 1992, Ch. 481, Sec. 1. )

    Verify source ↗

    A water supplier may contract with eligible service-area customers to reduce or eliminate their water use for a specified period, if the contract specifies consideration.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 4. Water Supplier Contracts [1745 - 1745.11] ( Article 4 added by Stats. 1992, Ch. 481, Sec. 1. ) ## 1745.02. A water supplier may, for a consideration to be specified in the contract, contract with persons entitled to service within the supplier’s service area to reduce or eliminate for a specified period of time their use of water supplied by the water supplier. (Added by Stats. 1992, Ch. 481, Sec. 1. Effective January 1, 1993.)
  21. 1745.03.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 4. Water Supplier Contracts [1745 - 1745.11] ( Article 4 added by Stats. 1992, Ch. 481, Sec. 1. )

    Verify source ↗

    Certain water-supplier contract services are treated as public services provided by a public agency for a specified Government Code purpose.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 4. Water Supplier Contracts [1745 - 1745.11] ( Article 4 added by Stats. 1992, Ch. 481, Sec. 1. ) ## 1745.03. Services performed under a contract entered into pursuant to this chapter or Chapter 3.6 (commencing with Section 380) of Division 1 which is offered generally to all persons entitled to water service from the water supplier are public services generally provided by the public agency for purposes of paragraph (3) of subdivision (a) of Section 1091.5 of the Government Code. (Added by Stats. 1992, Ch. 481, Sec. 1. Effective January 1, 1993.)
  22. 1745.04.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 4. Water Supplier Contracts [1745 - 1745.11] ( Article 4 added by Stats. 1992, Ch. 481, Sec. 1. )

    Verify source ↗

    A water supplier may make certain water transfer or storage contracts if it has already allocated water for the water year and no other user is unfairly reduced or adversely affected without consent.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 4. Water Supplier Contracts [1745 - 1745.11] ( Article 4 added by Stats. 1992, Ch. 481, Sec. 1. ) ## 1745.04. A water supplier may contract with a state drought water bank or with any other state or local water supplier or user inside or outside the service area of the water supplier to transfer, or store as part of a transfer, water if the water supplier has allocated to the water users within its service area the water available for the water year, and no other user will receive less than the amount provided by that allocation or be otherwise unreasonably adversely affected without that user’s consent. (Amended by Stats. 1993, Ch. 184, Sec. 1. Effective January 1, 1994.)
  23. 1745.05.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 4. Water Supplier Contracts [1745 - 1745.11] ( Article 4 added by Stats. 1992, Ch. 481, Sec. 1. )

    Verify source ↗

    A water supplier may transfer certain stored or made-available water, and land-fallowing water is capped at 20% unless the agency approves more after notice and a public 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 4. Water Supplier Contracts [1745 - 1745.11] ( Article 4 added by Stats. 1992, Ch. 481, Sec. 1. ) ## 1745.05. (a) Water stored by the water supplier and water made available from either of the following sources may be transferred by the water supplier pursuant to Section 1745.04: (1) Conservation or alternate water supply measures taken by individual water users or by the water supplier. (2) Water developed pursuant to a contract by a water user to reduce water use below the user’s allocation or to eliminate the use of water during the water year, including a contract to grow crops without the use of water from the water supplier, to fallow land, or to undertake other action to reduce or eliminate water use. (b) The amount of water made available by land fallowing may not exceed 20 percent of the water that would have been applied or stored by the water supplier in the absence of any contract entered into pursuant to this article in any given hydrological year, unless the agency approves, following reasonable notice and a public hearing, a larger percentage. (Amended by Stats. 1993, Ch. 589, Sec. 188. Effective January 1, 1994.)
  24. 1745.06.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 4. Water Supplier Contracts [1745 - 1745.11] ( Article 4 added by Stats. 1992, Ch. 481, Sec. 1. )

    Verify source ↗

    A water supplier may transfer water under Section 1745.04 even if the water is not surplus to the supplier’s service-area needs.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 4. Water Supplier Contracts [1745 - 1745.11] ( Article 4 added by Stats. 1992, Ch. 481, Sec. 1. ) ## 1745.06. A water supplier may transfer water pursuant to Section 1745.04 whether or not the water proposed to be transferred is surplus to the needs within the service area of the water supplier. (Added by Stats. 1992, Ch. 481, Sec. 1. Effective January 1, 1993.)
  25. 1745.07.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 4. Water Supplier Contracts [1745 - 1745.11] ( Article 4 added by Stats. 1992, Ch. 481, Sec. 1. )

    Verify source ↗

    Water transfers covered by this article or other law must not cause forfeiture, diminution, or impairment of water rights, and approved transfers are treated as beneficial use by the transferor.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 4. Water Supplier Contracts [1745 - 1745.11] ( Article 4 added by Stats. 1992, Ch. 481, Sec. 1. ) ## 1745.07. No transfer of water pursuant to this article or any other provision of law shall cause a forfeiture, diminution, or impairment of any water rights. A transfer that is approved pursuant to this article or any other provision of law is deemed to be a beneficial use by the transferor under this code. (Added by Stats. 1992, Ch. 481, Sec. 1. Effective January 1, 1993.)
  26. 1745.08.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 4. Water Supplier Contracts [1745 - 1745.11] ( Article 4 added by Stats. 1992, Ch. 481, Sec. 1. )

    Verify source ↗

    This article adds to, and does not limit, any public agency’s authority under other laws.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 4. Water Supplier Contracts [1745 - 1745.11] ( Article 4 added by Stats. 1992, Ch. 481, Sec. 1. ) ## 1745.08. This article is in addition to, and not a limitation on, the authority of any public agency under any other provision of law, including, but not limited to, Article 1 (commencing with Section 1725). (Added by Stats. 1992, Ch. 481, Sec. 1. Effective January 1, 1993.)
  27. 1745.09.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 4. Water Supplier Contracts [1745 - 1745.11] ( Article 4 added by Stats. 1992, Ch. 481, Sec. 1. )

    Verify source ↗

    This section says the article does not create new rights, limit agency jurisdiction, change existing water rights, or require a water supplier to enter a transfer-related contract.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 4. Water Supplier Contracts [1745 - 1745.11] ( Article 4 added by Stats. 1992, Ch. 481, Sec. 1. ) ## 1745.09. Nothing in this article does any of the following: (a) Creates in any person a right to require any water supplier to enter into a contract providing for the reduction or elimination of water use or for the transfer of water. (b) Creates in any person reducing water use any interest in the water rights of the water supplier. (c) Limits or otherwise affects the jurisdiction of any regulatory public agency over water transfers. (d) Makes any change in existing water rights. (Added by Stats. 1992, Ch. 481, Sec. 1. Effective January 1, 1993.)
  28. 1745.10.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 4. Water Supplier Contracts [1745 - 1745.11] ( Article 4 added by Stats. 1992, Ch. 481, Sec. 1. )

    Verify source ↗

    A water user transferring surface water under this article generally may not substitute groundwater unless specific plan or supplier-approval 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 4. Water Supplier Contracts [1745 - 1745.11] ( Article 4 added by Stats. 1992, Ch. 481, Sec. 1. ) ## 1745.10. A water user that transfers surface water pursuant to this article may not replace that water with groundwater unless the groundwater use is either of the following: (a) Consistent with a groundwater management plan adopted pursuant to state law for the affected area. (b) Approved by the water supplier from whose service area the water is to be transferred and that water supplier, if a groundwater management plan has not been adopted, determines that the transfer will not create, or contribute to, conditions of long-term overdraft in the affected groundwater basin. (Added by Stats. 1992, Ch. 481, Sec. 1. Effective January 1, 1993.)
  29. 1745.11.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 4. Water Supplier Contracts [1745 - 1745.11] ( Article 4 added by Stats. 1992, Ch. 481, Sec. 1. )

    Verify source ↗

    This section says the article does not prohibit transferring previously recharged groundwater from an overdrafted basin, or replacing transferred surface water with that groundwater, when the recharge was part of a groundwater banking operation.

    ## 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 10.5. Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water [1725 - 1745.11] ( Chapter 10.5 repealed and added by Stats. 1988, Ch. 1145, Sec. 3. ) ## ARTICLE 4. Water Supplier Contracts [1745 - 1745.11] ( Article 4 added by Stats. 1992, Ch. 481, Sec. 1. ) ## 1745.11. Nothing in this article prohibits the transfer of previously recharged groundwater from an overdrafted groundwater basin or the replacement of transferred surface water with groundwater previously recharged into an overdrafted groundwater basin, if the recharge was part of a groundwater banking operation carried out by direct recharge, by delivery of surface water in lieu of groundwater pumping, or by other means, for storage and extraction. (Amended by Stats. 1995, Ch. 833, Sec. 1.5. Effective January 1, 1996.)
  30. 175.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. )

    Verify source ↗

    The State Water Resources Control Board has five Governor-appointed members, and each member must serve full time, represent the state as a whole, and 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. ) ## 175. (a) There is in the California Environmental Protection Agency the State Water Resources Control Board consisting of five members appointed by the Governor. One of the members appointed shall be an attorney admitted to practice law in this state who is qualified in the fields of water supply and water rights, one shall be a registered civil engineer under the laws of this state who is qualified in the fields of water supply and water rights, one shall be a registered professional engineer under the laws of this state who is experienced in sanitary engineering and who is qualified in the field of water quality, and one shall be qualified in the field of water quality. One of the above-appointed persons, in addition to having the specified qualifications, shall be qualified in the field of water supply and water quality relating to irrigated agriculture. One member shall not be required to have specialized experience. (b) Each member shall represent the state at large and not any particular portion thereof and shall serve full time. The board shall, to the extent possible, be composed of members from different regions of the state. The appointments made by the Governor shall be subject to confirmation by the Senate in accordance with Article 2 (commencing with Section 1770) of Chapter 4 of Division 4 of Title 1 of the Government Code. (Amended by Stats. 2010, Ch. 288, Sec. 2. (SB 1169) Effective January 1, 2011.)
  31. 175.5.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. )

    Verify source ↗

    Board members must not participate in certain matters when they have a disqualifying financial interest or act for a waste discharger before a regional board. The Attorney General may seek removal of a member who knowingly violates this section, and the court must remove the member if it finds a knowing violation after trial.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. ) ## 175.5. (a) A member of the board shall not participate in any board action pursuant to Article 2 (commencing with Section 13320) of Chapter 5 of Division 7 in which the board member has a disqualifying financial interest in the decision within the meaning of Section 87103 of the Government Code. (b) A board member shall not participate in any proceeding before any regional board as a consultant or in any other capacity on behalf of any waste discharger. (c) Upon the request of any person, or on the Attorney General’s own initiative, the Attorney General may file a complaint in the superior court for the county in which the board has its principal office alleging that a board member has knowingly violated this section and the facts upon which the allegation is based and asking that the member be removed from office. Further proceedings shall be in accordance as near as may be with rules governing civil actions. If after trial the court finds that the board member has knowingly violated this section it shall pronounce judgment that the member be removed from office. (Amended by Stats. 2012, Ch. 39, Sec. 115. (SB 1018) Effective June 27, 2012.)
  32. 1750.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1750 - 1752] ( Article 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    In this chapter, “works” means dams, tunnels, diversion works, ditches, and similar constructions.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1750 - 1752] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1750. As used in this chapter “works” includes dams, tunnels, diversion works, ditches, and other works or constructions. (Enacted by Stats. 1943, Ch. 368.)
  33. 1751.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1750 - 1752] ( Article 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    In this chapter, “power” includes electricity, electrical power, and other power.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1750 - 1752] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1751. As used in this chapter “power” includes electricity, electrical power, and other power. (Enacted by Stats. 1943, Ch. 368.)
  34. 1752.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1750 - 1752] ( Article 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board must determine the pro rata and other costs covered by this chapter.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. General Provisions [1750 - 1752] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1752. The board shall determine the pro rata and other costs provided for in this chapter. (Amended by Stats. 1957, Ch. 1932.)
  35. 176.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. )

    Verify source ↗

    Board members are provided salary and may travel when necessary; they are also entitled to necessary travel and other expenses for official duties.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. ) ## 176. The annual salary of the members of the board is provided for by Chapter 6 (commencing at Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. Each member of the board shall receive the necessary traveling and other expenses incurred by him in the performance of his official duties out of appropriations made for the support of the board. When necessary the members of the board may travel within or without the State. (Added by renumbering Section 186 by Stats. 1957, Ch. 1932.)
  36. 177.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. )

    Verify source ↗

    Board members are appointed for four-year terms, and the Governor must fill board vacancies immediately.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. ) ## 177. All members of the board shall be appointed for terms of four years. Vacancies shall be immediately filled by the Governor for the unexpired portion of the terms in which they occur. (Amended by Stats. 1983, Ch. 40, Sec. 2. Effective May 26, 1983.)
  37. 1775.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Joint Occupancy and Use [1775 - 1782] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board may allow shared occupancy and use of water works in limited circumstances.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Joint Occupancy and Use [1775 - 1782] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1775. If at any time it appears to the board, after a hearing of the persons interested and an investigation, that the full capacity of the works built or constructed, or being built or constructed, under an appropriation of water made pursuant to the Water Commission Act or this code has not developed or cannot develop the full capacity of the stream at the point where the works have been or are being built or constructed, and that the holder of the appropriation will not or cannot, within a period deemed to be reasonable by the board, develop the stream at that point to such capacity as the board deems to be required by the public good, the board may permit the joint occupancy and use, with the holder of the appropriation, to the extent necessary to develop the stream to its full capacity or to such portion of its capacity as may appear to the board to be advisable, by any persons applying therefor, of any such works. (Amended by Stats. 1957, Ch. 1932.)
  38. 1776.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Joint Occupancy and Use [1775 - 1782] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board must consider specified factors when evaluating reasonable costs and returns for the original and new work.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Joint Occupancy and Use [1775 - 1782] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1776. The board shall take into consideration the reasonable cost of the original and new work, the good faith of the applicant, the market for water or power to be supplied by the original and the new work, and the income or use that may be required to provide fair and reasonable returns upon such cost. (Amended by Stats. 1957, Ch. 1932.)
  39. 1777.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Joint Occupancy and Use [1775 - 1782] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    An applicant must pay the owner of the works a pro rata share of the total cost of the old and new works.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Joint Occupancy and Use [1775 - 1782] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1777. The applicant shall be required to pay to the person owning the works a pro rata portion of the total cost of the old and the new works. (Enacted by Stats. 1943, Ch. 368.)
  40. 1778.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Joint Occupancy and Use [1775 - 1782] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    If water is used or will be used for irrigation or domestic purposes, the cost must be divided based on the proportion of water used by the original and later users of the works.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Joint Occupancy and Use [1775 - 1782] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1778. If the water is used or to be used for irrigation or domestic purposes, the pro rata portion of the cost shall be based upon the proportion of the water used by the original and the subsequent users of the works. (Enacted by Stats. 1943, Ch. 368.)
  41. 1779.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Joint Occupancy and Use [1775 - 1782] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    If water is used or will be used to generate power, the cost is shared in proportion to the amount of power each set of works can develop.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Joint Occupancy and Use [1775 - 1782] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1779. If the water is used or to be used for the generation of power, the pro rata portion of the cost shall be based upon the relative amount of power capable of being developed by the original and the new works. (Enacted by Stats. 1943, Ch. 368.)
  42. 178.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. )

    Verify source ↗

    The Legislature may remove board members from office by concurrent resolution passed by a majority of each house, if they are guilty of dereliction of duty, corruption, or incompetency.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. ) ## 178. The members of the board 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. (Added by renumbering Section 188 by Stats. 1957, Ch. 1932.)
  43. 1780.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Joint Occupancy and Use [1775 - 1782] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    If water is split between irrigation and power generation, the applicant must pay the works owner a pro rata share of the old and new works costs.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Joint Occupancy and Use [1775 - 1782] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1780. If a portion of the water is used or to be used for irrigation and another portion is used or to be used for the generation of power, the applicant shall pay to the person owning the works a pro rata portion of the total cost of the old and new works based upon the proportion of the relative amount of water used by each joint occupant and the income derived by each from the joint occupancy. (Enacted by Stats. 1943, Ch. 368.)
  44. 1781.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Joint Occupancy and Use [1775 - 1782] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    If water is used for other purposes than those in the article, the applicant must pay the owner of the works a pro rata share of the total cost of the old and new works, as the board considers just and equitable.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Joint Occupancy and Use [1775 - 1782] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1781. If any of the water is used or to be used for purposes other than those specified in this article, the applicant shall pay to the person owning the works such a pro rata portion of the total cost of the old and new works as appears to the board to be just and equitable. (Amended by Stats. 1957, Ch. 1932.)
  45. 1782.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Joint Occupancy and Use [1775 - 1782] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The applicant must pay a proper pro rata share of the cost of maintaining the works after beginning occupancy and 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Joint Occupancy and Use [1775 - 1782] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 1782. The applicant shall also pay a proper pro rata share, based as above provided in this article, of the cost of maintaining the works, on and after beginning the occupancy and use thereof. (Enacted by Stats. 1943, Ch. 368.)
  46. 179.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. )

    Verify source ↗

    The board takes over specified powers, duties, purposes, responsibilities, and jurisdiction from named water-related state bodies and officers, subject to stated exceptions.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. ) ## 179. The board succeeds to and is vested with all of the powers, duties, purposes, responsibilities, and jurisdiction vested in the Department and Director of Public Works, the Division of Water Resources of the Department of Public Works, the State Engineer, the State Water Quality Control Board, or any officer or employee thereof, under Division 2 (commencing with Section 1000), except Part 4 (commencing with Section 4000) and Part 6 (commencing with Section 5900) thereof; and Division 7 (commencing with Section 13000) of this code, or any other law under which permits or licenses to appropriate water are issued, denied, or revoked or under which the functions of water pollution and quality control are exercised. (Amended by Stats. 1967, Ch. 284.)
  47. 179.6.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. )

    Verify source ↗

    The board may call, conduct, attend, or otherwise participate in conferences or hearings, and it may authorize representatives to do the same.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. ) ## 179.6. The board, or representatives authorized by the board to do so, may call, conduct or attend conferences or hearings, official or unofficial, within or without this state, or otherwise participate in such conferences or hearings with interested persons, agencies or officers, of this or any other state, or with the Congress of the United States, congressional committees, or officers of the federal government, concerning any matter within the scope of the power and duties of the board. (Added by Stats. 1967, Ch. 284.)
  48. 179.7.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. )

    Verify source ↗

    The board may represent state or local interests and cooperate with U.S. agencies in matters involving the United States, and may travel when necessary.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. ) ## 179.7. As to any matter involving the United States, its departments or agencies, which is within the scope of the power and duties of the board, the board may represent the interest of the state or any county, city, state agency or public district upon their request, and to that end may correspond, confer and cooperate with the United States, its departments or agencies, and where necessary the board members, or authorized representatives, may travel either within or without the state. (Added by Stats. 1967, Ch. 284.)
  49. 18.

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

    Verify source ↗

    This section defines “State” as the State of California, with a broader meaning when used for different parts of the United States.

    ## Water Code - WAT ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 368. ) ## 18. “State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and the territories. (Enacted by Stats. 1943, Ch. 368.)
  50. 1800.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Enlargement of Existing Works of Another [1800 - 1801] ( Article 3 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board may allow a person to spend their own money to repair, improve, add to, supplement, or enlarge certain water works, and to use them jointly with the owners, if specified 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Enlargement of Existing Works of Another [1800 - 1801] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 1800. If it appears to the board that the full capacity of the works built or constructed, or being built or constructed, under an appropriation of water under the Water Commission Act or this code, will not develop the full capacity of the stream at that point, and that the public good requires it, and the board specifically so finds after investigation and hearing of the persons interested, the board may permit any person to repair, improve, add to, supplement, or enlarge, at his own expense, any works already so built or constructed or in process of being so built or constructed under the provisions of this division, and to use the works jointly with the owners thereof. (Amended by Stats. 1957, Ch. 1932.)
  51. 1801.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Enlargement of Existing Works of Another [1800 - 1801] ( Article 3 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    Work done under this article must not materially interfere with the owner’s proper use of the works or materially injure the works.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Enlargement of Existing Works of Another [1800 - 1801] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 1801. The repairing, improving, adding to, supplementing, or enlarging of works under this article, shall not materially interfere with the proper use thereof by the owner of the works nor materially injure the works. (Enacted by Stats. 1943, Ch. 368.)
  52. 181.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. )

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    The board must keep its headquarters in Sacramento, may open branch offices elsewhere in the state if it thinks necessary, and must hold meetings at times and places it تعیینs. The Governor must set the time and place of the board’s first meeting. Three board members make a quorum.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. ) ## 181. The board shall maintain its headquarters at Sacramento and may establish branch offices in such parts of the state as the board deems necessary. The board shall hold meetings at such times and at such places as shall be determined by it. The Governor shall designate the time and place for the first meeting of the board. Three members of the board shall constitute a quorum for the purpose of transacting any business of the board. (Amended by Stats. 1967, Ch. 1656.)
  53. 1810.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Joint Use of Capacity in Water Conveyance Facilities [1810 - 1815] ( Article 4 added by Stats. 1986, Ch. 918, Sec. 2. )

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    State and local public agencies may not deny a bona fide water transferor access to unused conveyance capacity if fair compensation is paid.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Joint Use of Capacity in Water Conveyance Facilities [1810 - 1815] ( Article 4 added by Stats. 1986, Ch. 918, Sec. 2. ) ## 1810. Notwithstanding any other provision of law, neither the state, nor any regional or local public agency may deny a bona fide transferor of water the use of a water conveyance facility which has unused capacity, for the period of time for which that capacity is available, if fair compensation is paid for that use, subject to the following: (a) Any person or public agency that has a long-term water service contract with or the right to receive water from the owner of the conveyance facility shall have the right to use any unused capacity prior to any bona fide transferor. (b) The commingling of transferred water does not result in a diminution of the beneficial uses or quality of the water in the facility, except that the transferor may, at the transferor’s own expense, provide for treatment to prevent the diminution, and the transferred water is of substantially the same quality as the water in the facility. (c) Any person or public agency that has a water service contract with or the right to receive water from the owner of the conveyance facility who has an emergency need may utilize the unused capacity that was made available pursuant to this section for the duration of the emergency. (d) This use of a water conveyance facility is to be made without injuring any legal user of water and without unreasonably affecting fish, wildlife, or other instream beneficial uses and without unreasonably affecting the overall economy or the environment of the county from which the water is being transferred. (Added by Stats. 1986, Ch. 918, Sec. 2.)
  54. 1811.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Joint Use of Capacity in Water Conveyance Facilities [1810 - 1815] ( Article 4 added by Stats. 1986, Ch. 918, Sec. 2. )

    Verify source ↗

    This section defines terms used in the article about joint use of capacity in water conveyance facilities.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Joint Use of Capacity in Water Conveyance Facilities [1810 - 1815] ( Article 4 added by Stats. 1986, Ch. 918, Sec. 2. ) ## 1811. As used in this article, the following terms shall have the following meanings: (a) “Bona fide transferor” means a person or public agency as defined in Section 20009 of the Government Code with a contract for sale of water that may be conditioned upon the acquisition of conveyance facility capacity to convey the water that is the subject of the contract. (b) “Emergency” means a sudden occurrence such as a storm, flood, fire, or an unexpected equipment outage impairing the ability of a person or public agency to make water deliveries. (c) “Fair compensation” means the reasonable charges incurred by the owner of the conveyance system, including capital, operation, maintenance, and replacement costs, increased costs from any necessitated purchase of supplemental power, and including reasonable credit for any offsetting benefits for the use of the conveyance system. (d) “Replacement costs” mean the reasonable portion of costs associated with material acquisition for the correction of irreparable wear or other deterioration of conveyance facility parts that have an anticipated life that is less than the conveyance facility repayment period and which costs are attributable to the proposed use. (e) “Unused capacity” means space that is available within the operational limits of the conveyance system and that the owner is not using during the period for which the transfer is proposed and which space is sufficient to convey the quantity of water proposed to be transferred. (Amended by Stats. 1998, Ch. 485, Sec. 161. Effective January 1, 1999.)
  55. 1812.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Joint Use of Capacity in Water Conveyance Facilities [1810 - 1815] ( Article 4 added by Stats. 1986, Ch. 918, Sec. 2. )

    Verify source ↗

    A public agency that owns a water conveyance facility must timely determine unused capacity and the related terms and 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Joint Use of Capacity in Water Conveyance Facilities [1810 - 1815] ( Article 4 added by Stats. 1986, Ch. 918, Sec. 2. ) ## 1812. The state, regional, or local public agency owning the water conveyance facility shall in a timely manner determine the following: (a) The amount and availability of unused capacity. (b) The terms and conditions, including operation and maintenance requirements and scheduling, quality requirements, term or use, priorities, and fair compensation. (Added by Stats. 1986, Ch. 918, Sec. 2.)
  56. 1813.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Joint Use of Capacity in Water Conveyance Facilities [1810 - 1815] ( Article 4 added by Stats. 1986, Ch. 918, Sec. 2. )

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    The public agency must act reasonably and in line with law when making determinations under this article, support those determinations with written findings, and courts reviewing a challenge must consider all relevant evidence and give due weight to the article’s purposes and policies.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Joint Use of Capacity in Water Conveyance Facilities [1810 - 1815] ( Article 4 added by Stats. 1986, Ch. 918, Sec. 2. ) ## 1813. In making the determinations required by this article, the respective public agency shall act in a reasonable manner consistent with the requirements of law to facilitate the voluntary sale, lease, or exchange of water and shall support its determinations by written findings. In any judicial action challenging any determination made under this article the court shall consider all relevant evidence, and the court shall give due consideration to the purposes and policies of this article. In any such case the court shall sustain the determination of the public agency if it finds that the determination is supported by substantial evidence. (Added by Stats. 1986, Ch. 918, Sec. 2.)
  57. 1814.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Joint Use of Capacity in Water Conveyance Facilities [1810 - 1815] ( Article 4 added by Stats. 1986, Ch. 918, Sec. 2. )

    Verify source ↗

    This section says the article applies to only 70% of the unused capacity.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Joint Use of Capacity in Water Conveyance Facilities [1810 - 1815] ( Article 4 added by Stats. 1986, Ch. 918, Sec. 2. ) ## 1814. This article shall apply to only 70 percent of the unused capacity. (Added by Stats. 1986, Ch. 918, Sec. 2.)
  58. 1815.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Joint Use of Capacity in Water Conveyance Facilities [1810 - 1815] ( Article 4 added by Stats. 1986, Ch. 918, Sec. 2. )

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    A water transferor generally may not use certain unused-capacity water conveyance facilities to move water out of a desert-lands groundwater basin unless the State Lands Commission makes a finding that the transfer will not harm specified resources.

    ## 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 11. Joint Use and Development [1750 - 1815] ( Chapter 11 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Joint Use of Capacity in Water Conveyance Facilities [1810 - 1815] ( Article 4 added by Stats. 1986, Ch. 918, Sec. 2. ) ## 1815. (a) Notwithstanding Section 1810, a transferor of water shall not use a water conveyance facility that has unused capacity to transfer water from a groundwater basin underlying desert lands that is in the vicinity of a national monument, a national preserve, a national park, a state or federal wilderness area, or state lands to outside of the groundwater basin unless the State Lands Commission, in consultation with the Department of Fish and Wildlife and the department, finds, upon receipt of an application pursuant to subdivision (b), that the transfer of the water will not adversely affect the natural or cultural resources, including groundwater resources or habitat, of those federal or state lands. (b) (1) Before using a water conveyance facility that has unused capacity to transfer water from a groundwater basin underlying desert lands, a transferor of water shall submit an application to the State Lands Commission for review of the proposed transfer. The application shall include, at a minimum, both of the following: (A) The names of the transferor and the owner of the water conveyance facility. (B) Data and reports pertinent to making the finding described in this section. (2) (A) The State Lands Commission shall review an application submitted pursuant to paragraph (1) and, within 15 months of receipt of the application and in consultation with the Department of Fish and Wildlife and the department, shall make a written finding, available to the public, on whether the proposed transfer will not adversely affect the natural or cultural resources, including groundwater resources or habitat, of the federal or state lands described in subdivision (a). (B) If the State Lands Commission, in consultation with the Department of Fish and Wildlife and the department, determines that it cannot make a finding pursuant to subparagraph (A) within 15 months, the commission may extend the date by which the commission is required to make the finding to no later than 24 months from the date of receipt of the application. If it determines an extension pursuant to this subparagraph is needed, the commission shall make its justifications for the extension and an approximate timeline for the duration of the extension available to the public. (c) In making the finding described in this section, the State Lands Commission shall review all available scientific information, including peer-reviewed and published studies, in consultation with the Department of Fish and Wildlife and the department. (d) If the State Lands Commission finds that a proposed transfer of water underlying desert lands will not adversely affect the natural or cultural resources of state or federal lands, the commission shall require the transferor of water to report, on an annual basis, to the commission information, as the commission may define, on the condition of the groundwater basin. (e) For purposes of this section, “desert lands” means the portion of California located within the following area: Beginning at Interstate 15 and the intersection of the range line between Ranges 5 and 6 East, Township 11 North, San Bernardino Baseline and Meridian, southerly along those range lines to the intersection with Interstate 40 in Township 8 North, San Bernardino Baseline and Meridian; Thence easterly along Interstate 40 to the intersection of Interstate 40 and the range lines between Ranges 12 and 13 East, Township 7 North, San Bernardino Baseline and Meridian; Thence southerly along the range lines between Ranges 12 and 13 East to the intersection with State Highway Route 62 in Township 1 South, San Bernardino Baseline and Meridian; Thence easterly along State Highway Route 62 to the intersection with United States Highway 95; Thence northerly along United States Highway 95 to the California-Nevada boundary; Thence northerly along the California-Nevada boundary to Interstate 15; Thence westerly along Interstate 15 to the point of beginning. (Added by Stats. 2019, Ch. 169, Sec. 2. (SB 307) Effective January 1, 2020.)
  59. 182.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. )

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    The Governor must designate the board chairperson from among the board members, and the board must elect a vice chairperson.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. ) ## 182. The Governor shall designate the chairperson of the board from the membership of the board. The person so designated shall hold the office of chairperson at the pleasure of the Governor. The board shall elect a vice chairperson. (Amended by Stats. 2010, Ch. 288, Sec. 3. (SB 1169) Effective January 1, 2011.)
  60. 1825.

    ## 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 1. Policy [1825- 1825.] ( Article 1 added by Stats. 1980, Ch. 933, Sec. 13. )

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    The Legislature states that the state should vigorously enforce water appropriation permits, licenses, certifications, and registrations, as well as state board orders and decisions, and stop unlawful diversion of 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 1. Policy [1825- 1825.] ( Article 1 added by Stats. 1980, Ch. 933, Sec. 13. ) ## 1825. It is the intent of the Legislature that the state take vigorous action to enforce the terms and conditions of permits, licenses, certifications, and registrations to appropriate water, to enforce state board orders and decisions, and to prevent the unlawful diversion of water. (Amended by Stats. 2018, Ch. 92, Sec. 215. (SB 1289) Effective January 1, 2019.)
  61. 183.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. )

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    The board may hold hearings and conduct investigations anywhere in the state, may authorize a member to do so, must take final board action by majority vote at a duly called meeting, and hearings must be open and 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. ) ## 183. The board 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 board may be conducted by any member upon authorization of the board, and he shall have the powers granted to the board by this section, but any final action of the board shall be taken by a majority of all the members of the board, at a meeting duly called and held. All hearings held by the board or by any member thereof shall be open and public (Amended by Stats. 1971, Ch. 1288.)
  62. 1831.

    ## 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 2. Cease and Desist Orders [1831 - 1836] ( Article 2 added by Stats. 1980, Ch. 933, Sec. 13. )

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    The board may issue cease and desist orders for certain water-rights violations or threatened violations, but only after notice and a hearing. The order can require compliance immediately or on a schedule 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 2. Cease and Desist Orders [1831 - 1836] ( Article 2 added by Stats. 1980, Ch. 933, Sec. 13. ) ## 1831. (a) When the board determines that any person is violating, or threatening to violate, any requirement described in subdivision (d), the board may issue an order to that person to cease and desist from that violation. (b) The cease and desist order shall require that person to comply forthwith or in accordance with a time schedule set by the board. (c) The board may issue a cease and desist order only after notice and an opportunity for hearing pursuant to Section 1834. (d) The board may issue a cease and desist order in response to a violation or threatened violation of any of the following: (1) The prohibition set forth in Section 1052 against the unauthorized diversion or use of water subject to this division. (2) Any term or condition of a permit, license, certification, or registration issued under this division. (3) Any decision or order of the board issued under this part, Section 275, Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, or Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, in which decision or order the person to whom the cease and desist order will be issued, or a predecessor in interest to that person, was named as a party directly affected by the decision or order. (4) A regulation adopted by the board. (5) Any extraction restriction, limitation, order, or regulation adopted or issued under Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6. (6) Any diversion or use of water for cannabis cultivation if any of paragraphs (1) to (5), inclusive, or any of the following applies: (A) A license is required, but has not been obtained, under Chapter 6 (commencing with Section 26060) of, or Chapter 7 (commencing with Section 26070) of, Division 10 of the Business and Professions Code. (B) The diversion is not in compliance with an applicable limitation or requirement established by the board or the Department of Fish and Wildlife under Section 13149. (C) The diversion or use is not in compliance with a requirement imposed under paragraphs (1) and (2) of subdivision (b) of Section 26060.1 of, and paragraph (3) of subdivision (a) of Section 26070 of, the Business and Professions Code. (7) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1. (e) This article does not alter the regulatory authority of the board under other provisions of law. (Amended by Stats. 2023, Ch. 51, Sec. 28. (SB 122) Effective July 10, 2023.)
  63. 1832.

    ## 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 2. Cease and Desist Orders [1831 - 1836] ( Article 2 added by Stats. 1980, Ch. 933, Sec. 13. )

    Verify source ↗

    Cease and desist orders issued by the board take effect when issued, and the board may modify, revoke, or stay them after notice and 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 2. Cease and Desist Orders [1831 - 1836] ( Article 2 added by Stats. 1980, Ch. 933, Sec. 13. ) ## 1832. Cease and desist orders of the board shall be effective upon the issuance thereof. The board may, after notice and opportunity for hearing, upon its own motion or upon receipt of an application from an aggrieved person, modify, revoke, or stay in whole or in part any cease and desist order issued pursuant to this chapter. (Amended by Stats. 2002, Ch. 652, Sec. 7. Effective January 1, 2003.)
  64. 1834.

    ## 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 2. Cease and Desist Orders [1831 - 1836] ( Article 2 added by Stats. 1980, Ch. 933, Sec. 13. )

    Verify source ↗

    If a Section 1831(d) violation is happening or about to happen, the board must give notice, and the notified party may request a hearing within 20 days. If no timely written hearing request is received, the board may issue a cease and desist order 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 2. Cease and Desist Orders [1831 - 1836] ( Article 2 added by Stats. 1980, Ch. 933, Sec. 13. ) ## 1834. (a) In the event that a violation of a requirement described in subdivision (d) of Section 1831 is occurring or threatening to occur, the board shall give notice by personal notice, certified mail, in accordance with the manner of service of a summons under Article 3 (commencing with Section 415.10) of, and Article 4 (commencing with Section 416.10) of, Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure, or by any method of physical delivery that provides a receipt pursuant to which the party shall be informed that they may request a hearing not later than 20 days from the date on which the notice is received. The notice shall contain a statement of facts and information that would tend to show the proscribed action, and notification of the requirements of subdivision (b). For purposes of this subdivision, “physical delivery that provides a receipt” includes physical delivery methods that provide electronic confirmation of delivery to the intended address. (b) Unless a written request for a hearing signed by or on behalf of the notified party is delivered to or received by mail by the board within 20 days after receipt of the notice, the board may adopt a cease and desist order, based on the statement of facts and information set forth in the notice, without a hearing. (Amended by Stats. 2023, Ch. 158, Sec. 4. (SB 756) Effective January 1, 2024.)
  65. 1835.

    ## 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 2. Cease and Desist Orders [1831 - 1836] ( Article 2 added by Stats. 1980, Ch. 933, Sec. 13. )

    Verify source ↗

    This section defines “person” for this chapter to include cities, counties, districts, the state, state departments or agencies, and the United States when authorized by law.

    ## 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 2. Cease and Desist Orders [1831 - 1836] ( Article 2 added by Stats. 1980, Ch. 933, Sec. 13. ) ## 1835. As used in this chapter, “person” includes any city, county, district, the state, or any department or agency thereof, and the United States to the extent authorized by law. (Added by Stats. 1980, Ch. 933, Sec. 13.)
  66. 1836.

    ## 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 2. Cease and Desist Orders [1831 - 1836] ( Article 2 added by Stats. 1980, Ch. 933, Sec. 13. )

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    The board is not blocked by this chapter from issuing orders or taking other action authorized by Sections 275 and 1052.

    ## 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 2. Cease and Desist Orders [1831 - 1836] ( Article 2 added by Stats. 1980, Ch. 933, Sec. 13. ) ## 1836. Nothing in this chapter shall preclude the board from issuing any order or taking any other action authorized pursuant to Sections 275 and 1052. (Added by Stats. 1980, Ch. 933, Sec. 13.)
  67. 184.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. )

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    The Department of Water Resources may participate in board hearings and may start or join court proceedings challenging the validity of board actions, orders, or decisions.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. ) ## 184. The Department of Water Resources shall have an interest and may appear as a party in any hearing held by the board and may commence or appear in any judicial proceeding brought to inquire into the validity of any action, order, or decision of the board. (Added by renumbering Section 194 by Stats. 1957, Ch. 1932.)
  68. 1840.

    ## 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 3. Monitoring and Reporting [1840 - 1841.5] ( Article 3 added by Stats. 2015, Ch. 27, Sec. 15. )

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    Certain water diverters with permits or licenses must install monitoring equipment or methods and report diversion information 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 3. Monitoring and Reporting [1840 - 1841.5] ( Article 3 added by Stats. 2015, Ch. 27, Sec. 15. ) ## 1840. (a) (1) Except as provided in subdivision (b), a person who, on or after January 1, 2016, diverts 10 acre-feet of water per year or more under a permit or license shall install and maintain a device or employ a method capable of measuring the rate of direct diversion, rate of collection to storage, and rate of withdrawal or release from storage. The measurements shall be made using the best available technologies and best professional practices, as defined in Section 5100, using a device or methods satisfactory to the board, as follows: (A) A device shall be capable of continuous monitoring of the rate and quantity of water diverted and shall be properly maintained. The permittee or licensee shall provide the board with evidence that the device has been installed with the first report submitted after installation of the device. The permittee or licensee shall provide the board with evidence demonstrating that the device is functioning properly as part of the reports submitted at five-year intervals after the report documenting installation of the device, or upon request of the board. (B) In developing regulations pursuant to Section 1841, the board shall consider devices and methods that provide accurate measurement of the total amount diverted and the rate of diversion. The board shall consider devices and methods that provide accurate measurements within an acceptable range of error, including the following: (i) Electricity records dedicated to a pump and recent pump test. (ii) Staff gage calibrated with an acceptable streamflow rating curve. (iii) Staff gage calibrated for a flume or weir. (iv) Staff gage calibrated with an acceptable storage capacity curve. (v) Pressure transducer and acceptable storage capacity curve. (2) The permittee or licensee shall maintain a record of all diversion monitoring that includes the date, time, and diversion rate at time intervals of one hour or less, and the total amount of water diverted. These records shall be included with reports submitted under the permit or license, as required under subdivision (c), or upon request of the board. (b) (1) The board may modify the requirements of subdivision (a) upon finding either of the following: (A) That strict compliance is infeasible, is unreasonably expensive, would unreasonably affect public trust uses, or would result in the waste or unreasonable use of water. (B) That the need for monitoring and reporting is adequately addressed by other conditions of the permit or license. (2) The board may increase the 10-acre-foot reporting threshold of subdivision (a) in a watershed or subwatershed, after considering the diversion reporting threshold in relation to quantity of water within the watershed or subwatershed. The board may increase the 10-acre-foot reporting threshold to 25 acre-feet or above if it finds that the benefits of the additional information within the watershed or subwatershed are substantially outweighed by the cost of installing measuring devices or employing methods for measurement for diversions at the 10-acre-foot threshold. (c) At least annually, a person who diverts water under a registration, permit, or license shall report to the board the following information: (1) The quantity of water diverted by month. (2) The maximum rate of diversion by months in the preceding calendar year. (3) The information required by subdivision (a), if applicable. (4) The amount of water used, if any, for cannabis cultivation. (d) Compliance with the applicable requirements of this section is a condition of every registration, permit, or license. (Amended by Stats. 2016, Ch. 32, Sec. 98. (SB 837) Effective June 27, 2016.)
  69. 1841.

    ## 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 3. Monitoring and Reporting [1840 - 1841.5] ( Article 3 added by Stats. 2015, Ch. 27, Sec. 15. )

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    The board may adopt regulations requiring certain water users to measure and report water diversion and 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 3. Monitoring and Reporting [1840 - 1841.5] ( Article 3 added by Stats. 2015, Ch. 27, Sec. 15. ) ## 1841. (a) The board may adopt regulations requiring measurement and reporting of water diversion and use by either of the following: (1) Persons authorized to appropriate water under a permit, license, registration for small domestic, small irrigation, or livestock stockpond use, or certification for livestock stockpond use. (2) Persons required to comply with measurement and reporting regulations pursuant to subparagraph (B) of paragraph (1) of subdivision (e) of Section 5103. (b) The initial regulations that the board adopts pursuant to this section shall be adopted as emergency regulations 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 the initial 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 under this section shall remain in effect until revised by the board. (c) The adoption of the initial regulations pursuant to this article is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code. (Added by Stats. 2015, Ch. 27, Sec. 15. (SB 88) Effective June 24, 2015.)
  70. 1841.5.

    ## 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 3. Monitoring and Reporting [1840 - 1841.5] ( Article 3 added by Stats. 2015, Ch. 27, Sec. 15. )

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    A diverter who completes the required instructional course and proficiency test is treated as a qualified individual for installing, maintaining, or using the taught measurement devices or methods for that diversion.

    ## 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 3. Monitoring and Reporting [1840 - 1841.5] ( Article 3 added by Stats. 2015, Ch. 27, Sec. 15. ) ## 1841.5. (a) For the purposes of a device installed pursuant to Section 1840 or 1841 or a method of measurement proposed and adopted pursuant to Section 934 or 935 of Title 23 of the California Code of Regulations, any diverter who has completed an instructional course regarding the devices or measurement method included in the course administered by the University of California Cooperative Extension, including passage of a proficiency test before the completion of the course, shall be considered a qualified individual when installing and maintaining devices or implementing methods of measurement that were taught in the course for the diverter’s diversion. The proficiency test shall seek to certify that the diverter has a satisfactory understanding of the principles of measurement and the use of a measurement method included in the course or the installation of a device. The University of California Cooperative Extension and the board shall develop the curriculum of the course and the proficiency test. The University of California Cooperative Extension and the board shall ensure the course curriculum and the proficiency test do not conflict with any state licensing acts. (b) For purposes of this section, “diverter” means an individual authorized to divert water under a valid water right, a lessee of property that is subject to a water right who is acting as a representative of the water right holder, or a bona fide employee of the water right holder or lessee. (Amended by Stats. 2022, Ch. 221, Sec. 1. (SB 880) Effective January 1, 2023.)
  71. 1845.

    ## 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 4. Enforcement [1845 - 1848] ( Article 4 added by Stats. 1980, Ch. 933, Sec. 13. )

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    If someone fails to comply with a board cease and desist order, the Attorney General must ask the superior court for injunctive relief when requested by the board. A violator may also face civil liability, with daily amounts that can reach $10,000 in specified drought/emergency conditions or $2,500 otherwise.

    ## 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 4. Enforcement [1845 - 1848] ( Article 4 added by Stats. 1980, Ch. 933, Sec. 13. ) ## 1845. (a) Upon the failure of any person to comply with a cease and desist order issued by the board pursuant to this chapter, the Attorney General, upon the request of the board, shall petition the superior court for the issuance of prohibitory or mandatory injunctive relief as appropriate, including a temporary restraining order, preliminary injunction, or permanent injunction. (b) (1) A person or entity who violates a cease and desist order issued pursuant to this chapter may be liable in an amount not to exceed the following: (A) If the violation occurs in a critically dry year immediately preceded by two or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions, ten thousand dollars ($10,000) for each day in which the violation occurs. (B) If the violation is not described by subparagraph (A), two thousand five hundred dollars ($2,500) for each day in which the violation occurs. (2) Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums. (3) Civil liability may be imposed administratively by the board pursuant to Section 1055. (Amended by Stats. 2024, Ch. 342, Sec. 2. (AB 460) Effective January 1, 2025.)
  72. 1846.

    ## 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 4. Enforcement [1845 - 1848] ( Article 4 added by Stats. 1980, Ch. 933, Sec. 13. )

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    This section allows civil liability for certain water-law violations and sets maximum daily and per-acre-foot amounts; the board or superior court may impose it, and the Attorney General must petition the court when the board requests 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 4. Enforcement [1845 - 1848] ( Article 4 added by Stats. 1980, Ch. 933, Sec. 13. ) ## 1846. (a) A person or entity may be liable for a violation of any of the following in an amount not to exceed one thousand dollars ($1,000) for each day in which the violation occurs: (1) A term or condition of a permit, license, certificate, or registration issued under this division. (2) A regulation or order adopted by the board. (3) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1. (b) For a violation described in paragraph (2) of subdivision (a) that constitutes the diversion of water contrary to a curtailment order adopted by the board, a person or entity may be liable in an amount not to exceed the following: (1) Ten thousand dollars ($10,000) for each day in which the violation occurs. (2) Two thousand five hundred dollars ($2,500) for each acre-foot of water diverted in violation of the curtailment order, beginning on the first day on which the violation occurs. (c) Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums. (d) Civil liability may be imposed administratively by the board pursuant to Section 1055. (Amended by Stats. 2024, Ch. 342, Sec. 3. (AB 460) Effective January 1, 2025.)
  73. 1846.5.

    ## 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 4. Enforcement [1845 - 1848] ( Article 4 added by Stats. 1980, Ch. 933, Sec. 13. )

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    An urban retail water supplier that commits certain listed violations may face daily civil liability, with higher amounts in drought-emergency 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 4. Enforcement [1845 - 1848] ( Article 4 added by Stats. 1980, Ch. 933, Sec. 13. ) ## 1846.5. (a) An urban retail water supplier who commits any of the violations identified in subdivision (b) may be liable in an amount not to exceed the following, as applicable: (1) If the violation occurs in a critically dry year immediately preceded by two or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions, ten thousand dollars ($10,000) for each day in which the violation occurs. (2) For all violations other than those described in paragraph (1), one thousand dollars ($1,000) for each day in which the violation occurs. (b) Liability pursuant to this section may be imposed for any of the following violations: (1) Violation of an order issued under Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6. (2) Violation of a regulation issued under Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6, if the violation occurs after November 1, 2027. (c) Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums. (d) Civil liability may be imposed administratively by the board pursuant to Section 1055. (Added by Stats. 2018, Ch. 15, Sec. 3. (AB 1668) Effective January 1, 2019.)
  74. 1847.

    ## 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 4. Enforcement [1845 - 1848] ( Article 4 added by Stats. 1980, Ch. 933, Sec. 13. )

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    This section allows civil liability for certain water-rights and related violations, with specified dollar amounts and per-day or per-acre-foot additions.

    ## 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 4. Enforcement [1845 - 1848] ( Article 4 added by Stats. 1980, Ch. 933, Sec. 13. ) ## 1847. (a) A person or entity may be liable for a violation of any of the requirements of subdivision (b) in an amount not to exceed the sum of the following: (1) Five hundred dollars ($500), plus two hundred fifty dollars ($250) for each additional day on which the violation continues if the person fails to correct the violation within 30 days after the board has called the violation to the attention of that person. (2) Two thousand five hundred dollars ($2,500) for each acre-foot of water diverted or used in violation of the applicable requirement. (b) Liability may be imposed for any of the following violations: (1) Violation of a principle, guideline, or requirement established by the board or the Department of Fish and Wildlife under Section 13149. (2) Failure to submit information, or making a material misstatement in information submitted, under Section 26060.1 of the Business and Professions Code. (3) Violation of any requirement imposed under subdivision (b) of Section 26060.1 of the Business and Professions Code. (4) Diversion or use of water for cannabis cultivation for which a license is required, but has not been obtained, under Chapter 6 (commencing with Section 26060) or Chapter 7 (commencing with Section 26070) of Division 10 of the Business and Professions Code. (c) Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums. (d) Civil liability may be imposed administratively by the board pursuant to Section 1055. (Amended by Stats. 2017, Ch. 27, Sec. 176. (SB 94) Effective June 27, 2017.)
  75. 1848.

    ## 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 4. Enforcement [1845 - 1848] ( Article 4 added by Stats. 1980, Ch. 933, Sec. 13. )

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    This section lets remedies under the chapter be used alongside other civil or criminal remedies, limits double recovery for the same violation, directs the court or board to weigh relevant circumstances when setting the amount, and requires recovered funds to go 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 4. Enforcement [1845 - 1848] ( Article 4 added by Stats. 1980, Ch. 933, Sec. 13. ) ## 1848. (a) Except as provided in subdivisions (b) and (c), remedies under this chapter are in addition to, and do not supersede or limit, any other remedy, civil or criminal. (b) Civil liability shall not be imposed both administratively and by the superior court for the same violation. (c) No liability shall be recoverable under Section 1846 or 1847 for a violation for which liability is recovered under Section 1052. (d) In determining the appropriate amount, the court, or the board, as the case may be, shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, and the corrective action, if any, taken by the violator. (e) All funds recovered pursuant to this article shall be deposited in the Water Rights Fund established pursuant to Section 1550. (Added by Stats. 2016, Ch. 32, Sec. 102. (SB 837) Effective June 27, 2016.)
  76. 185.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. )

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    The board must adopt rules for its affairs and do so as closely as practicable in line with Chapter 3.5 of the Government Code.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. ) ## 185. The board shall adopt rules for the conduct of its affairs in conformity, as nearly as practicable, with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1982, Ch. 454, Sec. 184.)
  77. 1850.

    ## 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 5. Private Litigation [1850 - 1851] ( Article 5 added by Stats. 1980, Ch. 933, Sec. 13. )

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    Issues decided in a cease and desist order are binding, and parties to the order cannot raise those issues again in a later administrative proceeding.

    ## 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 5. Private Litigation [1850 - 1851] ( Article 5 added by Stats. 1980, Ch. 933, Sec. 13. ) ## 1850. Any factual or legal determinations made pursuant to a cease and desist order shall be conclusive and shall preclude any party to the order from raising those issues in any subsequent administrative proceeding. (Amended by Stats. 2002, Ch. 652, Sec. 11. Effective January 1, 2003.)
  78. 1851.

    ## 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 5. Private Litigation [1850 - 1851] ( Article 5 added by Stats. 1980, Ch. 933, Sec. 13. )

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    Any person may sue for equitable or legal relief for harm from an unauthorized water diversion or a permit/license violation, and need not first use administrative remedies.

    ## 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 12. Enforcement of Water Rights [1825 - 1851] ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. ) ## ARTICLE 5. Private Litigation [1850 - 1851] ( Article 5 added by Stats. 1980, Ch. 933, Sec. 13. ) ## 1851. Nothing in this chapter shall be construed to limit or abridge the right of any person to bring an action for equitable or legal relief for harm caused by an unauthorized diversion or a violation of a term or condition of a permit or license. No such person shall be required to exhaust any administrative remedy provided by this chapter before bringing such an action. (Added by Stats. 1980, Ch. 933, Sec. 13.)
  79. 186.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. )

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    The board may use legal help and staff, must organize its work with the Governor’s approval, and must set up divisions and appoint leaders for them. The Attorney General generally represents the board in litigation, and the board’s legal counsel must advise regional boards 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. ) ## 186. (a) The board shall have any powers, and may employ any legal counsel and other personnel and assistance, that may be necessary or convenient for the exercise of its duties authorized by law. (b) For the purpose of administration, the board shall organize itself, with the approval of the Governor, in the manner it deems necessary properly to segregate and conduct the work of the board. The work of the board shall be divided into at least two divisions, known as the Division of Water Rights and the Division of Water Quality. The board shall appoint a deputy director or division chief for each division, who shall supervise the work of the division and act as technical adviser to the board on functions under his or her jurisdiction. (c) The Attorney General shall represent the board, or any affected regional water quality control board, or both the board and the regional board, and the state in litigation concerning affairs of the board, or a regional board, or both, unless the Attorney General represents another state agency that is a party to the action. In that case, the Attorney General may represent the board, the regional board, or both, with the written consent of the board and the other state agency, the board may contract for the services of private counsel to represent the board, the regional board, or both, subject to Section 11040 of the Government Code, or the legal counsel of the board may represent the board, the regional board, or both. Sections 11041, 11042, and 11043 of the Government Code are not applicable to the board. The legal counsel of the board shall advise and furnish legal services, except representation in litigation, to the regional boards upon their request. (Amended by Stats. 2010, Ch. 288, Sec. 4. (SB 1169) Effective January 1, 2011.)
  80. 187.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. )

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    Specified state water agencies must exchange records, reports, and other information about water-related matters as fully as possible.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. ) ## 187. The board, regional water quality control boards, the Department of Water Resources, and other state agencies shall, to the fullest extent possible, exchange records, reports, material, and any other information relating to water, water rights, water pollution or quality, or any areas of mutual concern, to the end that unnecessary duplication of effort may be avoided. (Amended by Stats. 1967, Ch. 284.)
  81. 188.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. )

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    The board may spend appropriated money for administering laws assigned to it, and those expenditures must be made according to law.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. ) ## 188. The board may expend money appropriated for the administration of the laws the administration of which is committed to the board. Such expenditures by the board shall be made in accordance with law in carrying on the work for which the appropriations were made. (Added by Stats. 1957, Ch. 1932.)
  82. 188.5.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. )

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    The board must publish progress reports every two years about its activities and those of the California regional water quality control boards.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. ) ## 188.5. The board shall publish biennial progress reports relating to the activities of the board and California regional water quality control boards. (Amended by Stats. 1969, Ch. 482.)
  83. 189.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. )

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    The section creates the Office of Sustainable Water Solutions within the state board and lets the board administer it. The office may carry out water-supply assistance, regional project support, consolidation and service-extension efforts, affordability work, and technical assistance.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. ) ## 189. (a) There is hereby established the Office of Sustainable Water Solutions within the state board, which may be administered by the state board as a separate organizational unit or within the state board’s divisions or offices. (b) The purpose of the office is to promote permanent and sustainable drinking water and wastewater treatment solutions to ensure the effective and efficient provision of safe, clean, affordable, and reliable drinking water and wastewater treatment services. In furtherance of this purpose, the office may take, but is not limited to, all of the following actions: (1) Coordinating with and providing assistance to small drinking water systems, wastewater treatment systems, and disadvantaged communities without drinking water or wastewater treatment systems. (2) Promoting and facilitating regional drinking water and wastewater projects. (3) Promoting and facilitating regional solutions, including consolidation of existing water districts, expansion of existing water districts to serve communities unserved by public water systems and wastewater treatment systems, and extension of services to underserved communities and disadvantaged communities. (4) Advancing the delivery of affordable, safe drinking water to disadvantaged communities throughout the state. (5) Providing technical assistance to disadvantaged communities and small drinking water systems and wastewater systems, including grant application assistance, outreach and education in vulnerable communities, financial management support, and facilitation of discussions within and between communities. (Added by Stats. 2015, Ch. 2, Sec. 6. (AB 92) Effective March 27, 2015.)
  84. 189.3.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. )

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    The board must recommend best practices for storm water and dry weather runoff capture for public schools, submit them to the Governor and Legislature by January 1, 2019, and post them online by March 1, 2019.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. ) ## 189.3. (a) The board, in consultation with the regional water quality control boards, and the Division of the State Architect within the Department of General Services shall recommend best design and use practices for storm water and dry weather runoff capture practices that can generally be applied to all new, reconstructed, or altered public schools, including school grounds. (b) The board shall submit the recommendations to the Governor and the Legislature on or before January 1, 2019. (c) The board and the State Department of Education shall post the recommendations on their respective Internet Web sites on or before March 1, 2019. (d) For purposes of this section, “storm water and dry weather runoff capture practices” means practices to control water pollutants, pollutant loads, and water runoff volume exiting a site to the maximum extent feasible by minimizing impervious surface area and controlling runoff from impervious surfaces through infiltration, evapotranspiration, bioretention, treatment, and rainfall harvest. (e) (1) The reporting requirement pursuant to subdivision (b) shall be inoperative on January 1, 2023, pursuant to Section 10231.5 of the Government Code. (2) A report submitted to the Legislature pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2018, Ch. 92, Sec. 214. (SB 1289) Effective January 1, 2019.)
  85. 189.5.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. )

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    The board must develop a low-income water rate assistance plan and report its findings to the Legislature by set deadlines.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. ) ## 189.5. (a) This section shall be known, and may be cited, as the Low-Income Water Rate Assistance Act. (b) No later than January 1, 2018, the board, in collaboration with the State Board of Equalization and relevant stakeholders, shall develop a plan for the funding and implementation of the Low-Income Water Rate Assistance Program, which shall include all of the following elements: (1) A description of the method for collecting moneys to support and implement the program, including a discussion of any constitutional restrictions on public water agency ratesetting. (2) A description of the mechanism for providing funding assistance under the program through either direct credits to enrollees in the program or reimbursements to water service providers, including a method for verifying income eligibility of low-income ratepayers, clarification of the role of the Public Utilities Commission and water utilities in determining and verifying customer eligibility, and recommendations regarding the structure of the program, particularly whether it will be administered by the state or locally administered. (3) A description of the method to be used to determine the amount of moneys that may need to be collected from water ratepayers to fund the program. The plan shall include a set of recommendations and best practices of cost-savings measures to ensure water utilities are demonstrating whether and how they are keeping rates low. This section does not authorize the imposition of a state charge to fund the program. (c) In developing the plan required in subdivision (b), the board may consider the existing rate assistance programs authorized by the Public Utilities Commission for investor-owned water utilities pursuant to Section 739.8 of the Public Utilities Code. (d) The plan may also include recommendations for other cost-effective methods of offering assistance to low-income water customers besides rate assistance, including billing alternatives, installation of water conservation devices, and leak repair. In considering other methods, the board may consider the Public Utilities Commission’s “Assessment of Water Utility Low-Income Assistance Programs.” (e) (1) No later than February 1, 2018, the board shall report to the Legislature on its findings regarding the feasibility, financial stability, and desired structure of the program, including any recommendations for legislative action that may need to be taken. (2) The requirement for submitting a report imposed under this subdivision is inoperative on February 1, 2022, pursuant to Section 10231.5 of the Government Code. (3) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (f) For purposes of this section, the following terms have the following meanings: (1) “Board” means the State Water Resources Control Board. (2) “Low-income” means a household with income that is equal to or no greater than 200 percent of the federal poverty guideline level. For one-person households, program eligibility shall be based on two-person household guideline levels. (3) “Program” means the Low-Income Water Rate Assistance Program. (Added by Stats. 2015, Ch. 662, Sec. 1. (AB 401) Effective January 1, 2016.)
  86. 189.7.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. )

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    The state board and each regional board must do environmental justice outreach in planning and permitting, and the state board has several conditional duties and one optional contracting authority.

    ## 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 3. State Water Resources Control Board [174 - 189.7] ( Heading of Article 3 amended by Stats. 1967, Ch. 284. ) ## 189.7. (a) Outreach to identify issues of environmental justice needs to begin as early as possible in state board or regional board planning, policy, and permitting processes. The state board and each regional board shall do both of the following: (1) Engage in equitable, culturally relevant community outreach to promote meaningful civil engagement from potentially impacted communities of proposed discharges of waste that may have disproportionate impacts on water quality in disadvantaged communities or tribal communities and ensure that outreach and engagement shall continue throughout the waste discharge planning, policy, and permitting processes. (2) Contingent upon an appropriation by the Legislature in the annual Budget Act for this purpose, hire environmental justice and tribal community coordinator positions solely dedicated to the purpose of achieving, at a minimum, all of the following goals: (A) Adhering to environmental justice goals, policies, and objectives. (B) Promoting meaningful civic engagement in the public decisionmaking process. (C) Informing water quality control plans and state policies for water quality control, and amendments thereto, and statewide, regional, and individual waste discharge requirements or waivers of waste discharge requirements that address water quality impacts that occur disproportionately in disadvantaged communities pursuant to Section 13149.2. (D) Soliciting community recommendations for future projects to be listed on regional board supplemental environmental project lists. (b) Contingent upon a specific appropriation by the Legislature in the annual Budget Act or other statute for these purposes, the state board shall do all of the following: (1) Direct resources for training of state board and regional board staff to advance adherence to environmental justice objectives, goals, and policies adopted by the state board and the regional boards. (2) Establish a community capacity-building stipend program to promote meaningful civic engagement by disadvantaged communities and tribal communities in the state board and regional board decisionmaking processes by providing funding or services that allow members of the public to overcome barriers, such as technology, language, travel, and income, to public participation. (3) Develop program-specific tools to better identify and prioritize state board and regional board compliance assessment and enforcement actions in disadvantaged communities. (c) The state board may, through contracts or grants, utilize nonprofit organizations organized for the purpose of addressing environmental justice issues in disadvantaged communities or that work closely with tribal communities to administer all or part of the activities specified in paragraph (1) of subdivision (a) and paragraph (2) of subdivision (b). (d) For purposes of this section, the following definitions apply: (1) “Disadvantaged community” means a community in which the median household income is less than 80 percent of the statewide annual median household income level. (2) “Environmental justice” has the same meaning as defined in Section 30107.3 of the Public Resources Code. (3) “Meaningful civic engagement” includes, but is not limited to, all of the following: (A) Providing opportunities for people to participate in decisionmaking processes about activities that may affect their environment or health and to contribute to the state board’s and regional boards’ decisionmaking. (B) Seeking out and facilitating the involvement of people potentially affected by the decisions and taking into account community concerns. (C) Informing disadvantaged and tribal community members of opportunities to be appointed to advisory or decisionmaking bodies, thereby empowering those community members to become advisors or decisionmakers. (4) “Tribal community” means a community within a federally recognized California Native American tribe or nonfederally recognized Native American tribe on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004. (Added by Stats. 2022, Ch. 347, Sec. 2. (AB 2108) Effective January 1, 2023.)
  87. 19.

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

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    This section defines “person” to include individuals and several business or organizational forms.

    ## Water Code - WAT ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 368. ) ## 19. “Person” means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. (Amended by Stats. 1994, Ch. 1010, Sec. 226. Effective January 1, 1995.)
  88. 190.

    ## 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 4. State Representation on Regional Water Resources Commissions [190- 190.] ( Article 4 added by Stats. 1965, Ch. 1647. )

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    When California is invited by federal law to join an interstate water commission, the Governor must appoint the California members, and those appointments need 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 4. State Representation on Regional Water Resources Commissions [190- 190.] ( Article 4 added by Stats. 1965, Ch. 1647. ) ## 190. Whenever the State of California is specifically invited by federal law to participate in any interstate commission to plan for the regional development of water and related resources, the Governor shall appoint each California member of such commission. The appointment of each such member shall be subject to confirmation by the Senate, and the member appointed shall serve at the pleasure of the Governor. The provisions of this section shall also apply to the Western States Water Council established by the Western Governors’ Conference at its meeting in Portland, Oregon, in June 1965. Each member appointed by the Governor to the Western States Water Council shall receive the actual and necessary expenses incurred by him in the performance of his duties as a member, including travel expenses. Additionally, each such member, except persons who are officers or employees of the state, shall receive a compensation of twenty-five dollars ($25) for each day such member is engaged in the performance of his duties as a member. Such expenses and compensation shall be paid from the budget of the Department of Water Resources. The provisions of this section do not in any manner affect the provisions of Section 123 which provide for state administration of interstate compacts relative to the distribution and use of the waters of any interstate streams or bodies of water. (Amended by Stats. 1976, Ch. 52.)
  89. 2.

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

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    This code section says the code’s provisions, when substantially the same as existing laws on the same subject, are to be treated as restatements and continuations of those laws, not as new enactments.

    ## Water Code - WAT ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 368. ) ## 2. The provisions of this code, in so far as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations thereof, and not as new enactments. (Enacted by Stats. 1943, Ch. 368.)
  90. 20.

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

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    This section defines “United States” for this code.

    ## Water Code - WAT ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 368. ) ## 20. “United States” means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto. (Enacted by Stats. 1943, Ch. 368.)
  91. 2000.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Subjects of Reference [2000 - 2001] ( Article 1 enacted by Stats. 1943, Ch. 368. )

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    In a water-rights case, the court may refer any or all issues to the board as referee.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Subjects of Reference [2000 - 2001] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 2000. In any suit brought in any court of competent jurisdiction in this State for determination of rights to water, the court may order a reference to the board, as referee, of any or all issues involved in the suit. (Amended by Stats. 1957, Ch. 1932.)
  92. 2001.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Subjects of Reference [2000 - 2001] ( Article 1 enacted by Stats. 1943, Ch. 368. )

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    In a water-rights suit, the court may refer the case to the board for investigation and a report on the physical facts involved.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Subjects of Reference [2000 - 2001] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 2001. In any suit brought in any court of competent jurisdiction in this State for determination of rights to water, the court may refer the suit to the board for investigation of and report upon any or all of the physical facts involved. (Amended by Stats. 1957, Ch. 1932.)
  93. 2010.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Report of Referee [2010 - 2021] ( Article 2 enacted by Stats. 1943, Ch. 368. )

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    The board may base its report only on its own investigations, or it may also hold hearings and take testimony.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Report of Referee [2010 - 2021] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 2010. The board may base its report solely upon its own investigations or in addition thereto may hold hearings and take testimony. (Amended by Stats. 1957, Ch. 1932.)
  94. 2011.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Report of Referee [2010 - 2021] ( Article 2 enacted by Stats. 1943, Ch. 368. )

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    The board acting as referee may include whatever legal and factual opinion it considers proper in its report, based on the issues submitted.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Report of Referee [2010 - 2021] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 2011. The report of the board as referee may contain such opinion upon the law and the facts as it deems proper in view of the issues submitted. (Amended by Stats. 1957, Ch. 1932.)
  95. 2012.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Report of Referee [2010 - 2021] ( Article 2 enacted by Stats. 1943, Ch. 368. )

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    The report must include the findings of fact and conclusions of law required by the court’s order of reference.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Report of Referee [2010 - 2021] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 2012. The report shall set forth such findings of fact and conclusions of law as may be required by the court’s order of reference. (Enacted by Stats. 1943, Ch. 368.)
  96. 2013.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Report of Referee [2010 - 2021] ( Article 2 enacted by Stats. 1943, Ch. 368. )

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    Before filing its report, the board must announce the report as a draft.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Report of Referee [2010 - 2021] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 2013. Before filing its report the board shall announce it in the form of a draft. (Amended by Stats. 1957, Ch. 1932.)
  97. 2014.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Report of Referee [2010 - 2021] ( Article 2 enacted by Stats. 1943, Ch. 368. )

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    The board must mail notice of the draft, along with a copy of the draft, to the parties or their attorneys.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Report of Referee [2010 - 2021] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 2014. The board shall mail notice of the draft, together with a copy of the draft, to the parties or their attorneys. (Amended by Stats. 1957, Ch. 1932.)
  98. 2015.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Report of Referee [2010 - 2021] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    Any party may file objections to the draft with the board within 30 days after mailing, or later if the court allows more time for good cause.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Report of Referee [2010 - 2021] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 2015. Within 30 days after the date of the mailing of the draft, or within such further time as the court may for good cause allow, any party may file objections to it with the board. (Amended by Stats. 1961, Ch. 132.)
  99. 2016.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Report of Referee [2010 - 2021] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    After considering objections or holding a hearing if it thinks advisable, the board must file its report as referee with the court clerk and mail notice of the filing to the parties or their attorneys.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Report of Referee [2010 - 2021] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 2016. After the objections have been considered by the board or a hearing has been held thereon if deemed advisable by it, the board shall file its report as referee with the clerk of the court and give notice by mail of the filing of its report to the parties or their attorneys. (Amended by Stats. 1957, Ch. 1932.)
  100. 2017.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Report of Referee [2010 - 2021] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The court may review the board’s referee report if exceptions are filed with the clerk within 30 days after notice of filing is mailed.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Report of Referee [2010 - 2021] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 2017. The report of the board as referee is subject to review by the court upon exceptions thereto filed with the clerk of the court within 30 days after date of mailing notice of the filing of the report. (Amended by Stats. 1957, Ch. 1932.)
  101. 2018.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Report of Referee [2010 - 2021] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    A court generally may not consider an exception to the referee’s report unless the court allows it, good cause is shown, or the issue was first presented to the board as an objection.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Report of Referee [2010 - 2021] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 2018. No exception to the report shall be considered, except in the court’s discretion or for good cause shown, unless it appears that the matter of the exception was presented to the board in the form of an objection. (Amended by Stats. 1957, Ch. 1932.)
  102. 2019.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Report of Referee [2010 - 2021] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board’s report is treated as prima facie evidence of the physical facts found, and the court must hear evidence offered to rebut it.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Report of Referee [2010 - 2021] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 2019. The report filed by the board is prima facie evidence of the physical facts therein found; but the court shall hear such evidence as may be offered by any party to rebut the report or the prima facie evidence. (Amended by Stats. 1957, Ch. 1932.)
  103. 2020.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Report of Referee [2010 - 2021] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board may ask the court for a preliminary injunction to limit basin pumping in certain underground-water cases, and the court may issue an injunction to equitably reduce and apportion pumping.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Report of Referee [2010 - 2021] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 2020. (a) At any time after filing of the report by the board as provided in Section 2016 the board, if it appears that underground water is being pumped in an amount which, if not restricted, would destroy or irreparably injure the waters of the basin due to ocean water intrusion before final judgment can be had, may, on notice, pursuant to the provisions of Section 527 of the Code of Civil Procedure, apply to the court for a preliminary injunction, restricting the pumping of water of the basin so as to avoid irreparable injury to, or destruction of, the waters of the basin, and the court may issue the injunction, subject to the provisions of Section 2021, equitably restricting and apportioning the reduction in the pumping of water. (b) The provisions of this section apply only to actions to determine rights to waters of underground basins located in the arid, southern coastal area defined by the exterior boundaries of the Counties of Santa Barbara, Ventura, Los Angeles, Orange, and San Diego. (Amended by Stats. 1982, Ch. 517, Sec. 403.)
  104. 20200.

    ## Water Code - WAT ## DIVISION 10. FINANCIAL SUPERVISION OF DISTRICTS [20200 - 20220] ( Division 10 added by Stats. 1943, Ch. 371. ) ## CHAPTER 2. Compensation of Water District Directors [20200 - 20207] ( Chapter 2 added by Stats. 1984, Ch. 186, Sec. 1. )

    Verify source ↗

    This section defines “water district” and lists the types of districts and agencies that count as water districts.

    ## Water Code - WAT ## DIVISION 10. FINANCIAL SUPERVISION OF DISTRICTS [20200 - 20220] ( Division 10 added by Stats. 1943, Ch. 371. ) ## CHAPTER 2. Compensation of Water District Directors [20200 - 20207] ( Chapter 2 added by Stats. 1984, Ch. 186, Sec. 1. ) ## 20200. As used in this chapter, “water district” means any district or other political subdivision, other than a city or county, a primary function of which is the irrigation, reclamation, or drainage of land or the diversion, storage, management, or distribution of water primarily for domestic, municipal, agricultural, industrial, recreation, fish and wildlife enhancement, flood control, or power production purposes. “Water districts” include, but are not limited to, irrigation districts, county water districts, California water districts, water storage districts, reclamation districts, county waterworks districts, drainage districts, water replenishment districts, levee districts, municipal water districts, water conservation districts, community services districts, water management districts, flood control districts, flood control and floodwater conservation districts, flood control and water conservation districts, water management agencies, water agencies, and public utility districts formed pursuant to Division 7 (commencing with Section 15501) of the Public Utilities Code. (Amended by Stats. 2007, Ch. 213, Sec. 5. Effective January 1, 2008.)
  105. 20201.

    ## Water Code - WAT ## DIVISION 10. FINANCIAL SUPERVISION OF DISTRICTS [20200 - 20220] ( Division 10 added by Stats. 1943, Ch. 371. ) ## CHAPTER 2. Compensation of Water District Directors [20200 - 20207] ( Chapter 2 added by Stats. 1984, Ch. 186, Sec. 1. )

    Verify source ↗

    A water district governing board may set or raise board-member compensation by ordinance, subject to limits and any prohibition in the district’s principal act.

    ## Water Code - WAT ## DIVISION 10. FINANCIAL SUPERVISION OF DISTRICTS [20200 - 20220] ( Division 10 added by Stats. 1943, Ch. 371. ) ## CHAPTER 2. Compensation of Water District Directors [20200 - 20207] ( Chapter 2 added by Stats. 1984, Ch. 186, Sec. 1. ) ## 20201. Notwithstanding any other provision of law, the governing board of any water district may, by ordinance adopted pursuant to this chapter, provide compensation to members of the governing board, unless any compensation is prohibited by its principal act, in an amount not to exceed one hundred dollars ($100) per day for each day’s attendance at meetings of the board, or for each day’s service rendered as a member of the board by request of the board, and may, by ordinance adopted pursuant to this chapter, in accordance with Section 20202, increase the compensation received by members of the governing board above the amount of one hundred dollars ($100) per day. It is the intent of the Legislature that any future increase in compensation received by members of the governing board of a water district be authorized by an ordinance adopted pursuant to this chapter and not by an act of the Legislature. For purposes of this section, the determination of whether a director’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. (Amended by Stats. 2005, Ch. 700, Sec. 27. Effective January 1, 2006.)
  106. 20201.5.

    ## Water Code - WAT ## DIVISION 10. FINANCIAL SUPERVISION OF DISTRICTS [20200 - 20220] ( Division 10 added by Stats. 1943, Ch. 371. ) ## CHAPTER 2. Compensation of Water District Directors [20200 - 20207] ( Chapter 2 added by Stats. 1984, Ch. 186, Sec. 1. )

    Verify source ↗

    Expense reimbursement for water district board members is governed by specified Government Code sections.

    ## Water Code - WAT ## DIVISION 10. FINANCIAL SUPERVISION OF DISTRICTS [20200 - 20220] ( Division 10 added by Stats. 1943, Ch. 371. ) ## CHAPTER 2. Compensation of Water District Directors [20200 - 20207] ( Chapter 2 added by Stats. 1984, Ch. 186, Sec. 1. ) ## 20201.5. Reimbursement for expenses of members of a governing board of a water district is subject to Sections 53232.2 and 53232.3 of the Government Code. (Added by Stats. 2005, Ch. 700, Sec. 28. Effective January 1, 2006.)
  107. 20202.

    ## Water Code - WAT ## DIVISION 10. FINANCIAL SUPERVISION OF DISTRICTS [20200 - 20220] ( Division 10 added by Stats. 1943, Ch. 371. ) ## CHAPTER 2. Compensation of Water District Directors [20200 - 20207] ( Chapter 2 added by Stats. 1984, Ch. 186, Sec. 1. )

    Verify source ↗

    Ordinances for water district board compensation increases are capped: increases over $100 per day may not exceed 5% per year after the last adjustment, and compensation may not be authorized for more than 10 days in any calendar month.

    ## Water Code - WAT ## DIVISION 10. FINANCIAL SUPERVISION OF DISTRICTS [20200 - 20220] ( Division 10 added by Stats. 1943, Ch. 371. ) ## CHAPTER 2. Compensation of Water District Directors [20200 - 20207] ( Chapter 2 added by Stats. 1984, Ch. 186, Sec. 1. ) ## 20202. In any ordinance adopted pursuant to this chapter to increase the amount of compensation which may be received by members of the governing board of a water district above the amount of one hundred dollars ($100) per day, the increase may not exceed an amount equal to 5 percent, for each calendar year following the operative date of the last adjustment, of the compensation which is received when the ordinance is adopted. No ordinance adopted pursuant to this chapter shall authorize compensation for more than a total of 10 days in any calendar month. (Amended by Stats. 1989, Ch. 111, Sec. 1.)
  108. 20203.

    ## Water Code - WAT ## DIVISION 10. FINANCIAL SUPERVISION OF DISTRICTS [20200 - 20220] ( Division 10 added by Stats. 1943, Ch. 371. ) ## CHAPTER 2. Compensation of Water District Directors [20200 - 20207] ( Chapter 2 added by Stats. 1984, Ch. 186, Sec. 1. )

    Verify source ↗

    Certain water districts may adopt ordinances under this chapter, but only after a public hearing.

    ## Water Code - WAT ## DIVISION 10. FINANCIAL SUPERVISION OF DISTRICTS [20200 - 20220] ( Division 10 added by Stats. 1943, Ch. 371. ) ## CHAPTER 2. Compensation of Water District Directors [20200 - 20207] ( Chapter 2 added by Stats. 1984, Ch. 186, Sec. 1. ) ## 20203. Any water district described in Section 20201 is authorized to adopt ordinances pursuant to this chapter. No ordinance shall be adopted pursuant to this chapter except following a public hearing. Notice of the hearing shall be published in a newspaper of general circulation pursuant to Section 6066 of the Government Code. (Added by Stats. 1984, Ch. 186, Sec. 1.)
  109. 20204.

    ## Water Code - WAT ## DIVISION 10. FINANCIAL SUPERVISION OF DISTRICTS [20200 - 20220] ( Division 10 added by Stats. 1943, Ch. 371. ) ## CHAPTER 2. Compensation of Water District Directors [20200 - 20207] ( Chapter 2 added by Stats. 1984, Ch. 186, Sec. 1. )

    Verify source ↗

    Ordinances under this chapter take effect 60 days after final passage, and voters of any water district have a right to petition for referendum on those ordinances.

    ## Water Code - WAT ## DIVISION 10. FINANCIAL SUPERVISION OF DISTRICTS [20200 - 20220] ( Division 10 added by Stats. 1943, Ch. 371. ) ## CHAPTER 2. Compensation of Water District Directors [20200 - 20207] ( Chapter 2 added by Stats. 1984, Ch. 186, Sec. 1. ) ## 20204. An ordinance adopted pursuant to this chapter shall become effective 60 days from the date of its final passage. The voters of any water district shall have the right, as provided in this chapter, to petition for referendum on any ordinance adopted pursuant to this chapter. (Added by Stats. 1984, Ch. 186, Sec. 1.)
  110. 20205.

    ## Water Code - WAT ## DIVISION 10. FINANCIAL SUPERVISION OF DISTRICTS [20200 - 20220] ( Division 10 added by Stats. 1943, Ch. 371. ) ## CHAPTER 2. Compensation of Water District Directors [20200 - 20207] ( Chapter 2 added by Stats. 1984, Ch. 186, Sec. 1. )

    Verify source ↗

    A protest petition filed before an ordinance takes effect requires the water district board to suspend and reconsider the ordinance. Separate referendum thresholds apply based on gubernatorial vote totals in the district.

    ## Water Code - WAT ## DIVISION 10. FINANCIAL SUPERVISION OF DISTRICTS [20200 - 20220] ( Division 10 added by Stats. 1943, Ch. 371. ) ## CHAPTER 2. Compensation of Water District Directors [20200 - 20207] ( Chapter 2 added by Stats. 1984, Ch. 186, Sec. 1. ) ## 20205. If a petition protesting against the adoption of the ordinance is presented to the governing board of the water district prior to the effective date of the ordinance, the ordinance shall be suspended and the governing board shall reconsider the ordinance. If the number of votes cast for all candidates for Governor at the last gubernatorial election within the boundaries of the water district exceeds 500,000, the ordinance is subject to referendum upon presentation of a petition bearing signatures of at least 5 percent of the entire vote cast within the boundaries of the water district for all candidates for Governor at the last gubernatorial election. If the number of votes cast for all candidates for Governor at the last gubernatorial election within the boundaries of the water district is less than 500,000, the ordinance is subject to referendum upon presentation of a petition bearing signatures of at least 10 percent of the entire vote cast within the boundaries of the water district for all candidates for Governor at the last gubernatorial election. (Added by Stats. 1984, Ch. 186, Sec. 1.)
  111. 20206.

    ## Water Code - WAT ## DIVISION 10. FINANCIAL SUPERVISION OF DISTRICTS [20200 - 20220] ( Division 10 added by Stats. 1943, Ch. 371. ) ## CHAPTER 2. Compensation of Water District Directors [20200 - 20207] ( Chapter 2 added by Stats. 1984, Ch. 186, Sec. 1. )

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    If a petition is filed and the board does not fully repeal the ordinance, the board must submit it to voters; it becomes effective only if approved by a majority vote.

    ## Water Code - WAT ## DIVISION 10. FINANCIAL SUPERVISION OF DISTRICTS [20200 - 20220] ( Division 10 added by Stats. 1943, Ch. 371. ) ## CHAPTER 2. Compensation of Water District Directors [20200 - 20207] ( Chapter 2 added by Stats. 1984, Ch. 186, Sec. 1. ) ## 20206. If the governing board does not entirely repeal the ordinance against which a petition is filed, the governing board shall submit the ordinance to the voters either at a regular election or a special election called for the purpose. The ordinance shall not become effective unless and until a majority of the votes cast at the election are cast in favor of it. If the ordinance is not approved by the voters, no new ordinance may be adopted by the governing board pursuant to this chapter for at least one year following the date of the election. (Added by Stats. 1984, Ch. 186, Sec. 1.)
  112. 20207.

    ## Water Code - WAT ## DIVISION 10. FINANCIAL SUPERVISION OF DISTRICTS [20200 - 20220] ( Division 10 added by Stats. 1943, Ch. 371. ) ## CHAPTER 2. Compensation of Water District Directors [20200 - 20207] ( Chapter 2 added by Stats. 1984, Ch. 186, Sec. 1. )

    Verify source ↗

    For ordinances challenged by petition, use the Elections Code referendum procedure for district legislative acts, unless this chapter says otherwise.

    ## Water Code - WAT ## DIVISION 10. FINANCIAL SUPERVISION OF DISTRICTS [20200 - 20220] ( Division 10 added by Stats. 1943, Ch. 371. ) ## CHAPTER 2. Compensation of Water District Directors [20200 - 20207] ( Chapter 2 added by Stats. 1984, Ch. 186, Sec. 1. ) ## 20207. Except as otherwise provided in this chapter, the provisions of the Elections Code applicable to the right of referendum on legislative acts of districts shall govern the procedure on ordinances against which a petition is filed. (Added by Stats. 1984, Ch. 186, Sec. 1.)
  113. 2021.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Report of Referee [2010 - 2021] ( Article 2 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    If a preliminary injunction was granted under Section 2020, the final judgment must equitably compensate for differences in water quantities tied to the parties’ rights.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Report of Referee [2010 - 2021] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 2021. Where a preliminary injunction has been granted pursuant to Section 2020, the final judgment shall equitably compensate in quantities of water for such variations as there may be between the rights of the parties to the use of water on which such preliminary injunction is based, and as such rights are determined in such final judgment. (Added by Stats. 1953, Ch. 1690.)
  114. 20220.

    ## Water Code - WAT ## DIVISION 10. FINANCIAL SUPERVISION OF DISTRICTS [20200 - 20220] ( Division 10 added by Stats. 1943, Ch. 371. ) ## CHAPTER 3. Water District Taxes [20220- 20220.] ( Chapter 3 repealed (as Chapter 2) and added by Stats. 1987, Ch. 56, Sec. 179. )

    Verify source ↗

    A qualifying mobilehome is exempt from ad valorem property taxes used for water-district or improvement-district debt service.

    ## Water Code - WAT ## DIVISION 10. FINANCIAL SUPERVISION OF DISTRICTS [20200 - 20220] ( Division 10 added by Stats. 1943, Ch. 371. ) ## CHAPTER 3. Water District Taxes [20220- 20220.] ( Chapter 3 repealed (as Chapter 2) and added by Stats. 1987, Ch. 56, Sec. 179. ) ## 20220. (a) Notwithstanding any other provision of law, a mobilehome used primarily for residential purposes and located on rental spaces within a mobilehome park is not property subject to ad valorem property taxes for debt service of any water district or of any improvement district therein. (b) As used in this chapter, “water district” means any district or other political subdivision, other than a city or county, a primary function of which is the irrigation, reclamation, or drainage of land or the diversion, storage, or distribution of water primarily for domestic, municipal, agricultural, industrial, recreation, fish and wildlife enhancement, flood control, or power production purposes. (Added by Stats. 1987, Ch. 56, Sec. 179.)
  115. 2040.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Expenses of Reference [2040 - 2048] ( Article 3 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    When the board acts under this chapter, it cannot charge a fee for its services, but it can be paid or reimbursed for properly chargeable expenses.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Expenses of Reference [2040 - 2048] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 2040. In acting pursuant to this chapter the board shall not be entitled to any fee for its services but shall be paid or reimbursed the total expense incurred by it, including salaries, wages, traveling expenses, and all costs of whatsoever character which are properly chargeable to the reference. (Amended by Stats. 1957, Ch. 1932.)
  116. 2041.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Expenses of Reference [2040 - 2048] ( Article 3 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board must refuse to undertake a reference if it cannot advance the expense or if payment is not reasonably certain, unless the parties make adequate provision and the court approves it.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Expenses of Reference [2040 - 2048] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 2041. If the funds available for use by the board are inadequate to permit it to advance the expense of a reference, or if in its opinion the payment of the expense of any reference is not reasonably certain, the board shall refuse to undertake a reference unless and until adequate provision is made by the parties and approved by the court for the payment of the expenses. (Amended by Stats. 1957, Ch. 1932.)
  117. 2042.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Expenses of Reference [2040 - 2048] ( Article 3 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    While a reference is pending, the court may order the parties to make interim or partial payments of expenses if the board moves for it, after a hearing and at least 10 days’ notice to the parties.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Expenses of Reference [2040 - 2048] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 2042. During the pendency of any reference, upon motion of the board and upon a hearing by the court after at least 10 days’ notice to the parties, the court may order such interim or partial payments of the expense to be made by the parties as it deems proper and equitable under the circumstances. (Amended by Stats. 1957, Ch. 1932.)
  118. 2043.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Expenses of Reference [2040 - 2048] ( Article 3 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    The board must equitably apportion the total expense against the parties to the suit, then send a statement of the expense and apportionment by registered mail to the parties and file it with the court.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Expenses of Reference [2040 - 2048] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 2043. The total expense shall be equitably apportioned by the board against the parties to the suit, and a statement thereof and of the apportionment shall be sent by registered mail by the board to the parties and filed with the court. (Amended by Stats. 1957, Ch. 1932.)
  119. 2045.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Expenses of Reference [2040 - 2048] ( Article 3 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    A party aggrieved may apply in writing within 30 days after the expense statement is mailed, and the court must then set a hearing on objections. The clerk must mail notice of the hearing to all parties at least 10 days beforehand.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Expenses of Reference [2040 - 2048] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 2045. Upon application in writing by any party aggrieved within 30 days after the statement of final expense and its apportionment has been mailed to the parties, the court shall after expiration of that period set a hearing for the determination of any objections to the expense of the reference or to the apportionment thereof. The clerk of the court shall, at least 10 days prior to the date of hearing, give notice thereof by mail to all parties. (Amended by Stats. 1955, Ch. 631.)
  120. 2046.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Expenses of Reference [2040 - 2048] ( Article 3 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    If a party does not object to the expense of a reference or how it is apportioned, the party is treated as having waived any objection.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Expenses of Reference [2040 - 2048] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 2046. Any party failing to object to the expense of a reference or the apportionment thereof is conclusively deemed to have waived all objection thereto. (Enacted by Stats. 1943, Ch. 368.)
  121. 2047.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Expenses of Reference [2040 - 2048] ( Article 3 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    If no objection is filed in time, the court must enter judgment for the board after the board’s ex parte application.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Expenses of Reference [2040 - 2048] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 2047. If no objection is filed with the court within the prescribed period, the court upon ex parte application of the board shall enter a judgment against the parties in favor of the board in the amounts apportioned to them. (Amended by Stats. 1963, Ch. 329.)
  122. 2048.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Expenses of Reference [2040 - 2048] ( Article 3 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    When objections are heard, the court must decide the expense and how it should be apportioned, and enter judgment against the parties for the amounts assigned to them.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 1. Reference by Courts of This State [2000 - 2048] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Expenses of Reference [2040 - 2048] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 2048. Upon the hearing of objections to the expense or the apportionment thereof the court shall determine the expense and its apportionment as the court deems equitable and shall enter judgment against the parties in favor of the board in the amounts apportioned to them. (Amended by Stats. 1963, Ch. 329.)
  123. 205.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2.5. Miscellaneous Powers of Department [205 - 347] ( Heading of Chapter 2.5 added by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## ARTICLE 1. Participation in Associations [205- 205.] ( Heading of Article 1 added by Stats. 1956, 1st Ex. Sess., Ch. 52. )

    Verify source ↗

    The department may join certain long-established associations, cooperate with their members on public-interest matters, and spend available funds for its share of association expenses and related services.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2.5. Miscellaneous Powers of Department [205 - 347] ( Heading of Chapter 2.5 added by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## ARTICLE 1. Participation in Associations [205- 205.] ( Heading of Article 1 added by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 205. The department may join associations of representatives of other States which have been established for not less than 10 years and which have for their purpose the promotion of reclamation and irrigation and cooperation between the several States and the Federal Government in matters relating to reclamation and irrigation. The department may collaborate and cooperate with other members of the association selected in accordance with the constitution and by-laws of such association, relative to matters of public interest to the State within the scope of the activities of such association. The department may, from any of its funds available for the purpose, make expenditures for the pro rata share of the expenses of such association attributable to California and for the services performed by such association for the State. (Added by Stats. 1943, Ch. 674.)
  124. 20500.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 1. Short Title [20500- 20500.] ( Chapter 1 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    This division is known and may be cited as the Irrigation District Law.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 1. Short Title [20500- 20500.] ( Chapter 1 added by Stats. 1943, Ch. 372. ) ## 20500. This division shall be known and may be cited as the Irrigation District Law. (Added by Stats. 1943, Ch. 372.)
  125. 20510.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    This chapter governs how Division 11 is to be interpreted, unless the context requires otherwise.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20510. Unless the context otherwise requires, the provisions of this chapter shall govern the construction of this division. (Added by Stats. 1943, Ch. 372.)
  126. 20511.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    A word’s definition also applies to its variants.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20511. The definition of a word applies to any of its variants. (Added by Stats. 1943, Ch. 372.)
  127. 20512.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    This section defines “include” to mean it does not necessarily exclude items not listed, except when referring to the inclusion of land into a district.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20512. “Include” except when used in relation to the inclusion of land into a district does not necessarily exclude matters not enumerated. (Added by Stats. 1943, Ch. 372.)
  128. 20513.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    “District” means any irrigation district formed under state law or this division, except the Palo Verde Irrigation District.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20513. “District” means any irrigation district formed pursuant to any law of this State or to this division except the Palo Verde Irrigation District. (Added by Stats. 1943, Ch. 372.)
  129. 20514.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    “Improvement district” is defined as an improvement district formed under the Irrigation District Improvement Act or this division.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20514. “Improvement district” means an improvement district formed pursuant to the Irrigation District Improvement Act or to this division. (Added by Stats. 1943, Ch. 372.)
  130. 20516.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    In this section, “rules” includes “regulations.”

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20516. “Rules” include “regulations.” (Added by Stats. 1943, Ch. 372.)
  131. 20517.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    This section defines “land” for this chapter as land in the district or proposed district involved, except in the specified chapters.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20517. “Land” except in Chapter 2A (commencing with Section 23800) of Part 7 and Chapter 2 (commencing with Section 26875) of Part 11 means land in the district or proposed district involved. (Amended by Stats. 1974, Ch. 545.)
  132. 20518.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    This section defines “principal county” for irrigation district matters.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20518. “Principal county” means the county in which all the land is situated, or if the land is situated in more than one county, the county in which the greatest portion of the area of the land is situated. In proceedings for consolidation or reorganization of districts having different principal counties, the term “principal county” means the county in which the greatest portion of the total combined acreage in the districts to be consolidated or reorganized is located. (Amended by Stats. 1968, Ch. 244.)
  133. 20519.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    “Affected county” means any county in which land is situated.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20519. “Affected county” means any county in which land is situated. (Added by Stats. 1943, Ch. 372.)
  134. 20520.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    “Office county” means the county where a district keeps its principal office.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20520. “Office county” means the county in which the principal office of a district is kept. (Amended by Stats. 1973, Ch. 840.)
  135. 20521.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    “Board” means the board of directors of a district.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20521. “Board” means the board of directors of a district. (Added by Stats. 1943, Ch. 372.)
  136. 20522.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    “President” means the president of the board.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20522. “President” means the president of the board. (Added by Stats. 1943, Ch. 372.)
  137. 20523.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    “Secretary” means the secretary of the board.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20523. “Secretary” means the secretary of the board. (Added by Stats. 1943, Ch. 372.)
  138. 20524.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    This section defines “elective officers” for irrigation districts.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20524. “Elective officers” irrespective of the method of selection in any particular instance are: (a) A director from each division except as otherwise provided in this division. (b) An assessor, a collector, and a treasurer, except when one or more of such officers are appointed pursuant to Section 21123. (Amended by Stats. 1975, Ch. 206.)
  139. 20525.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    This section defines “general district election” as the district election held on the first Tuesday after the first Monday in November in each odd-numbered year.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20525. “General district election” is the district election required to be held on the first Tuesday after the first Monday in November in each odd-numbered year. (Amended by Stats. 1965, Ch. 2019.)
  140. 20526.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    This section defines “bond election” as an election provided for in Chapter 4 of Part 4.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20526. “Bond election” means an election provided for in Chapter 4 of Part 4. (Added by Stats. 1943, Ch. 372.)
  141. 20527.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    This section defines “elector,” “voter,” and “precinct board,” and adds that an elector or voter must also be a resident of the relevant district or proposed district.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20527. “Elector,” “voter,” and “precinct board” have respectively the same meaning as in the Elections Code, but an “elector” or “voter” shall also be a resident of the district or proposed district involved. (Added by Stats. 1943, Ch. 372.)
  142. 20527.10.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    In the Glenn Colusa Irrigation District, only real-property owners may vote at district elections, and voters generally get one vote.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20527.10. (a) Notwithstanding Section 20527 or any other provision of law, in the Glenn Colusa Irrigation District, every owner of real property within the district, but no others, may vote at district elections. Owners need not be residents of the district in order to qualify as voters. (b) The last equalized district assessment roll is conclusive evidence of ownership of the real property. (c) (1) If land is owned in joint tenancy, tenancy in common, or any other multiple ownership, the owners of the land shall designate, in writing, which one of the owners is deemed the owner of the land for purposes of qualifying as a voter. (2) The designation shall be made upon a form provided by the district, and shall be filed with the district at least 40 days prior to the election and shall remain in effect until amended or revoked. No amendment or revocation may occur within the period of 39 days prior to any election. (d) The district shall provide a list of eligible voters pursuant to Section 10525 of the Elections Code at least 35 days prior to an election, which list shall provide for the limitation of one vote for each owner as specified in this section. (e) The legal representative of a corporation or estate owning real property may vote on behalf of the corporation or estate. (f) (1) Every voter, or his or her legal representative, may vote at any district election either in person or by a person appointed as his or her proxy, but may cast only one vote. (2) The Glenn Colusa Irrigation District has the powers of a California water district with regard to Section 35005 and the appointment of a proxy shall be pursuant to that section. (g) Notwithstanding Section 21100 or any other provision of law, any voter, as specified in this section, may be a member of the Board of Directors of the Glenn Colusa Irrigation District as long as the voter is a landowner within the division that the voter represents, unless divisions are abolished as provided in Section 21550. (h) (1) As used in this section, “legal representative” means an official of a corporation owning real property or a guardian, conservator, executor, or administrator of the estate of the holder of title to real property who is all of the following: (A) Appointed under the laws of this state. (B) Entitled to the possession of the estate’s real property. (C) Authorized by the appointing court to exercise the particular right, privilege, or immunity which the legal representative seeks to exercise. (2) Before a legal representative votes at a district election, the legal representative shall present to the precinct board a certified copy of his or her authority which shall be kept and filed with the returns of the election. (Amended by Stats. 1994, Ch. 923, Sec. 224. Effective January 1, 1995.)
  143. 20527.11.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    This section lets the district board authorize title holders and their legal representatives to vote, sets how multiple owners designate one voter, and requires voter lists and service-change notice within set deadlines.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20527.11. (a) The Board of Directors of the Richvale Irrigation District may adopt a resolution that authorizes persons holding title to real property within the district, or their legal representative, to vote. Holders of title need not be residents of the district in order to qualify as voters. Each eligible voter shall be entitled to cast only one vote. (b) The last equalized county assessment roll is conclusive evidence of ownership of the real property. (c) (1) If land is owned in joint tenancy, tenancy in common, community property, or any other multiple ownership, the owners of the land shall designate, in writing, which one of the owners is deemed the owner of the land for purposes of qualifying as a voter. (2) The designation shall be made upon a form provided by the district, shall be filed with the district at least 40 days prior to the election, and shall remain in effect until amended or revoked. No amendment or revocation may occur within the period of 39 days prior to any election. (d) The district shall provide to the elections clerk a list of eligible voters pursuant to Section 10525 of the Elections Code at least 35 days prior to an election. (e) The legal representative of a corporation or estate owning real property may vote on behalf of the corporation or estate. (f) (1) Every voter, or his or her legal representative, may vote at any district election either in person or by a person appointed as his or her proxy. (2) Voting by legal representatives and the appointment of a proxy shall be allowed in accordance with Sections 35005 and 35006 of the Water Code. (g) Notwithstanding Section 21100, any eligible voter, as specified in this section, may be a member of the Board of Directors of the Richvale Irrigation District. (h) (1) As used in this section, “legal representative” means an official of a corporation owning real property or a guardian, conservator, executor, or administrator of the estate of the holder of title to real property who is all of the following: (A) Appointed under the laws of this state. (B) Entitled to the possession of the estate’s real property. (C) Authorized by the appointing court to exercise the particular right, privilege, or immunity that the legal representative seeks to exercise. (2) As used in this section, “eligible voter” means a person who meets the requirements of Section 20527 or a person who is a holder of title to real property within the district. (3) The Board of Directors of the Richvale Irrigation District may, not less than 120 days before the next general district election, abolish the divisions of the district for that election. The abolishment of the divisions shall be effective only for that general election, unless the question of abolishing the divisions is presented to the voters at that election and a majority of the votes cast on that question are in favor of abolishing the divisions for future elections. (i) (1) This section shall be operative as long as the district does not provide water, drainage services, electricity, flood control services, or sewage disposal services for domestic purposes for residents of the district. (2) (A) This section shall become inoperative if the district commences to provide any of the services described in paragraph (1). (B) The district shall notify the Secretary of State 30 days prior to commencing to provide any of the services described in paragraph (1). The notice required by this subparagraph shall state that it is being made pursuant to this subdivision. (Amended by Stats. 2006, Ch. 538, Sec. 681. Effective January 1, 2007. Conditionally inoperative as provided in subd. (i).)
  144. 20527.12.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

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    This section gives voting rights in the James Irrigation District to real-property owners in the district and sets rules for multiple owners, proxies, voter lists, and district board eligibility.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20527.12. (a) (1) This section only applies to the James Irrigation District. As used in this section, “district” means the James Irrigation District. (2) Notwithstanding Section 20527 or any other provision of law, in the district, every owner of real property within the district, but no others, may vote at district elections. Owners need not be residents of the district in order to qualify as voters. (b) The last equalized district assessment roll is conclusive evidence of ownership of the real property. (c) (1) If land is owned in joint tenancy, tenancy in common, or any other multiple ownership, the owners of the land shall designate, in writing, which one of the owners is deemed the owner of the land for purposes of qualifying as a voter. (2) The designation shall be made upon a form provided by the district, and shall be filed with the district at least 40 days prior to the election and shall remain in effect until amended or revoked. No amendment or revocation may occur within the period of 39 days prior to any election. (d) The district shall provide a list of eligible voters pursuant to Section 10525 of the Elections Code at least 35 days prior to an election, which list shall provide for the limitation of one vote for each owner as specified in this section. (e) The legal representative of a corporation or estate owning real property may vote on behalf of the corporation or estate. (f) (1) Every voter, or his or her legal representative, may vote at any district election either in person or by a person appointed as his or her proxy, but may cast only one vote. (2) The district has the powers of a California water district with regard to Section 35005 and the appointment of a proxy shall be pursuant to that section. (g) Notwithstanding Section 21100 or any other provision of law, any voter, as specified in this section, may be a member of the board of the district as long as the voter is a landowner within the division that the voter represents, unless divisions are abolished as provided in Section 21550. (h) (1) As used in this section, “legal representative” means an official of a corporation owning real property or a guardian, conservator, executor, or administrator of the estate of the holder of title to real property who is all of the following: (A) Appointed under the laws of this state. (B) Entitled to the possession of the estate’s real property. (C) Authorized by the appointing court to exercise the particular right, privilege, or immunity which the legal representative seeks to exercise. (2) Before a legal representative votes at a district election, the legal representative shall present to the precinct board a certified copy of his or her authority which shall be kept and filed with the returns of the election. (i) The board of the district, not less than 120 days before the general district election to be held in 2001, may abolish the divisions of the district for that election. The abolishment of the division shall be effective only for that general district election, unless the question of abolishing the division is presented to the voters at that election and a majority of the votes cast on that question are in favor of abolishing the divisions for future elections. (j) (1) This section shall be operative as long as the district does not provide water, drainage services, electricity, flood control services, or sewage disposal services for domestic purposes for residents of the district. (2) (A) This section shall become inoperative if the district commences to provide any of the services described in paragraph (1). (B) The district shall notify the Secretary of State 30 days prior to commencing to provide any of the services described in paragraph (1). The notice required by this subparagraph shall state that it is being made pursuant to this subdivision. (Added by Stats. 2000, Ch. 1078, Sec. 12. Effective January 1, 2001. Conditionally inoperative as prescribed by its own provisions.)
  145. 20527.13.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

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    This section limits district-election voting and board eligibility to real-property owners in the Corcoran Irrigation District, with special rules for joint ownership and legal representatives.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20527.13. (a) (1) This section only applies to the Corcoran Irrigation District. As used in this section, “district” means the Corcoran Irrigation District. (2) Notwithstanding Section 20527 or any other provision of law, in the district, every owner of real property within the district, but no others, may vote at district elections. Owners need not be residents of the district in order to qualify as voters. (b) The last equalized district assessment roll is conclusive evidence of ownership of the real property. (c) (1) If land is owned in joint tenancy, tenancy in common, or any other multiple ownership, the owners of the land shall designate, in writing, which one of the owners is deemed the owner of the land for purposes of qualifying as a voter. (2) The designation shall be made upon a form provided by the district, and shall be filed with the district at least 40 days prior to the election and shall remain in effect until amended or revoked. No amendment or revocation may occur within the period of 39 days prior to any election. (d) The district shall provide a list of eligible voters pursuant to Section 10525 of the Elections Code at least 35 days prior to an election, which list shall provide for the limitation of one vote for each owner as specified in this section. (e) The legal representative of a corporation or estate owning real property may vote on behalf of the corporation or estate. (f) (1) Every voter, or his or her legal representative, may vote at any district election either in person or by a person appointed as his or her proxy, but may cast only one vote. (2) Proxies shall be appointed pursuant to Section 35005. (g) (1) Notwithstanding Section 21100 or any other provision of law, any voter or a voter’s legal representative, as defined in this section, may be a member of the board of the district as long as the voter is a landowner within the division that the voter represents, unless the divisions have been abolished, as provided in Section 21550, and the voter resides within the boundaries of the district or the City of Corcoran. (2) The requirements of this subdivision apply to any board member who is elected, or appointed to fill a vacancy, on or after the effective date of the act adding this subdivision. (h) (1) As used in this section, “legal representative” means an official of a corporation owning real property or a guardian, conservator, executor, or administrator of the estate of the holder of title to real property who is all of the following: (A) Appointed under the laws of this state. (B) Entitled to the possession of the estate’s real property. (C) Authorized by the appointing court to exercise the particular right, privilege, or immunity which the legal representative seeks to exercise. (2) Before a legal representative votes at a district election, the legal representative shall present to the precinct board a certified copy of his or her authority which shall be kept and filed with the returns of the election. (i) (1) This section shall be operative as long as the district does not provide water, drainage services, electricity, flood control services, or sewage disposal services for domestic purposes for residents of the district. (2) (A) This section shall become inoperative if the district commences to provide any of the services described in paragraph (1). (B) The district shall notify the Secretary of State 30 days prior to commencing to provide any of the services described in paragraph (1). The notice required by this subparagraph shall state that it is being made pursuant to this subdivision. (Amended by Stats. 2001, Ch. 606, Sec. 9. Effective October 9, 2001. Conditionally inoperative as provided in subd. (i).)
  146. 20527.5.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

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    In the Jackson Valley Irrigation District, real property owners may vote in director elections, even if they do not live in the district.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20527.5. Notwithstanding Section 20527, or any other provision of law to the contrary, in the Jackson Valley Irrigation District every owner of real property within the district, but no others, may vote at elections for directors or otherwise. Such owners need not be residents of the district in order to qualify as voters. The last equalized assessment book of the district is conclusive evidence of the ownership of real property so owned, except that in the event that an assessment for a district shall not have been made and levied for the year in which the election is held or an equalized assessment book prepared, the last equalized county assessment roll shall be used in lieu of the assessment book of the district. Where land is owned in joint tenancy, tenancy in common, or any other multiple ownership, the owners of such land shall designate in writing which one of the owners shall be deemed the owner of such land for purposes of qualifying as a voter. The legal representative of a corporation or estate owning real property may vote on behalf of such corporation or estate. As used in this section, legal representative means an official of a corporation owning real property, and means a guardian, conservator, executor, or administrator of the estate of the holder of title to real property who: (a) Is appointed under the laws of this state. (b) Is entitled to the possession of the estate’s real property. (c) Is authorized by the appointing court to exercise the particular right, privilege, or immunity which he seeks to exercise. Before a legal representative votes at a district election he shall present to the precinct board a certified copy of his authority which shall be kept and filed with the returns of the election. (Amended by Stats. 1979, Ch. 730.)
  147. 20527.6.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

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    In the Camp Far West Irrigation District, voting in district elections is limited to landowners and certain legal representatives, with votes weighted by land value and proxy voting allowed only under stated conditions.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20527.6. (a) Notwithstanding Section 20527, or any other provision of law to the contrary, in the Camp Far West Irrigation District in Placer and Yuba Counties, “elector” and “voter” shall mean a person, corporation, or other entity owning land within the district. At any district election in the Camp Far West Irrigation District, only landowners may vote, and they need not be residents of the district in order to qualify as voters. Each landowner shall have one vote for each dollar’s worth of land to which he or she holds title. The last equalized assessment book of the district shall be conclusive evidence of ownership and of the value of the land so owned, except that in the event that an assessment for the district shall not have been made and levied for the year in which the election is held, the last equalized assessment roll of the county in which the land is located shall be used in lieu of the assessment book of the district. Where land is owned in joint tenancy, tenancy in common, or any other multiple ownership, the owners of the land may designate in writing which one of the owners shall be deemed the owner of the land for purposes of qualifying as a voter. In the absence of that designation each owner shall be entitled to vote his pro rata share of the total value of the land in such multiple ownership. (b) Every landowner, or the legal representative of a corporation, estate, or trust owning land within the district, may vote at any district election, either in person or by a person duly appointed as his proxy. (c) As used in this section, “legal representative” means any of the following: (1) An authorized official of a corporation owning land in the district. (2) The trustees of an express trust which owns land in the district. (3) The executor, administrator, guardian of the estate, or conservator of the estate of a holder of title to land in the district who is appointed under the laws of this state, is entitled to possession of the land, and who is authorized by the appointing court to vote in the election. (d) Before a legal representative votes at a district election, he or she shall present to the precinct board a certified copy of his or her authority, which shall be kept and filed with the returns of the election. No appointment of a proxy shall be valid, accepted, or vote allowed thereon at any district election unless it meets all the following requirements: (1) It is in writing. (2) It is executed by the person or legal representative of the person who is entitled to the votes for which the proxy is given. (3) It is acknowledged. (4) It specifies the election at which it is to be used. An appointment of a proxy shall be used only at the election specified. (e) Every appointment of a proxy is revocable at the pleasure of the person executing it at any time before the person appointed as proxy shall have cast a ballot representing the votes for which the appointment was given. (f) Notwithstanding Section 21100 or any other provision of law, any voter, as defined in this section, is eligible to be a member of the Board of Directors of the Camp Far West Irrigation District, provided that the voter shall be a freeholder within the division that the voter represents, during the entire term. (Amended by Stats. 1990, Ch. 281, Sec. 1.)
  148. 20527.7.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

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    In the Montague Water Conservation District, real property owners may vote for directors and other district elections, even if they do not live in the district.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20527.7. Notwithstanding Section 20527, or any other provision of law, in the Montague Water Conservation District in Siskiyou County every owner of real property within the district, but no others, may vote at elections for directors or otherwise. Such owners need not be residents of the district in order to qualify as voters. The last equalized county assessment role is conclusive evidence of ownership of the real property so owned. Where land is owned in joint tenancy, tenancy in common, or any other multiple ownership, the owners of such land shall designate in writing which one of the owners shall be deemed the owner of such land for purposes of qualifying as a voter. The legal representative of a corporation or estate owning real property may vote on behalf of such corporation or estate. As used in this section, legal representative means an official of a corporation owning real property or a guardian, conservator, executor, or administrator of the estate of the holder of title to real property who: (a) Is appointed under the laws of this state. (b) Is entitled to the possession of the estate’s real property. (c) Is authorized by the appointing court to exercise the particular right, privilege, or immunity which he seeks to exercise. Before a legal representative votes at a district election, he shall present to the precinct board a certified copy of his authority which shall be kept and filed with the returns of the election. Every voter, or his legal representative, may vote at any district election either in person or by a person duly appointed as his proxy, but shall be entitled to cast only one vote. The appointment of a proxy shall be as provided in Section 35005. Notwithstanding Section 21100 or any other provision of law, any voter as defined in this section is eligible to be a member of the Board of Directors of the Montague Water Conservation District. (Amended by Stats. 1979, Ch. 730.)
  149. 20527.8.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

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    In the Cordua Irrigation District, landowners may vote in district elections, with one vote for each $100 of assessed land value.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20527.8. Notwithstanding Section 20527, or any other provision of law, in the Cordua Irrigation District every owner of land within the district, but no others, may vote at elections for directors or otherwise. Such owners need not be residents of the district in order to qualify as voters. Each voter shall be entitled to cast one vote for each one hundred dollars ($100) of assessed valuation of land to which he has title. The last equalized county assessment role is conclusive evidence of ownership and of the value of the land so owned. Where land is owned in joint tenancy, tenancy in common, or any other multiple ownership, the owners of such land shall designate in writing which one of the owners shall be deemed the owner of such land for purposes of qualifying as a voter. The legal representative of a corporation or estate owning real property may vote on behalf of such corporation or estate. As used in this section, legal representative means an official of a corporation owning real property or a guardian, conservator, executor, or administrator of the estate of the holder of title to real property who: (a) Is appointed under the laws of this state. (b) Is entitled to the possession of the estate’s real property. (c) Is authorized by the appointing court to exercise the particular right, privilege, or immunity which he seeks to exercise. Before a legal representative votes at a district election, he shall present to the precinct board a certified copy of his authority which shall be kept and filed with the returns of the election. Every voter, or his legal representative, may vote at any district election either in person or by a person duly appointed as his proxy. The appointment of a proxy shall be as provided in Section 35005. Notwithstanding Section 21100 or any other provision of law, any voter as defined in this section is eligible to be a member of the Board of Directors of the Cordua Irrigation District or to serve as an elective officer of the district. (Amended by Stats. 1979, Ch. 730.)
  150. 20527.9.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

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    In the Provident Irrigation District, property owners may vote in director elections, and eligible voters may also serve on the board. Legal representatives may vote for a corporation or estate that owns property, but they must present proof of authority first.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20527.9. Notwithstanding Section 20527, or any other provision of law, in the Provident Irrigation District in Glenn and Colusa Counties every owner of real property within the district, but no others, may vote at elections for directors or otherwise. Such owners need not be residents of the district in order to qualify as voters. The last equalized county assessment role is conclusive evidence of ownership of the real property so owned. Where land is owned in joint tenancy, tenancy in common, or any other multiple ownership, the owners of such land shall designate in writing which one of the owners shall be deemed the owner of such land for purposes of qualifying as a voter. The legal representative of a corporation or estate owning real property may vote on behalf of such corporation or estate. As used in this section, legal representative means an official of a corporation owning real property or a guardian, conservator, executor, or administrator of the estate of the holder of title to real property who: (a) Is appointed under the laws of this state. (b) Is entitled to the possession of the estate’s real property. (c) Is authorized by the appointing court to exercise the particular right, privilege, or immunity which he seeks to exercise. Before a legal representative votes at a district election, he shall present to the precinct board a certified copy of his authority which shall be kept and filed with the returns of the election. Every voter, or his legal representative, may vote at any district election either in person or by a person duly appointed as his proxy, but shall be entitled to cast only one vote. The appointment of a proxy shall be as provided in Section 35005. Notwithstanding Section 21100 or any other provision of law, any voter as defined in this section is eligible to be a member of the Board of Directors of the Provident Irrigation District. (Amended by Stats. 1979, Ch. 730.)
  151. 20527.91.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

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    In these two irrigation districts, real property owners may vote in director elections, and eligible voters may vote in person or by proxy, subject to the section’s conditions.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20527.91. Notwithstanding Section 20527 or any other provision of law, in the Big Springs Irrigation District in Siskiyou County and in the Princeton-Codora-Glenn Irrigation District, every owner of real property within the district, but no others, may vote at elections for directors or otherwise. Owners need not be residents of the district in order to qualify as voters. The last equalized county assessment roll is conclusive evidence of ownership of the real property so owned. Where land is owned in joint tenancy, tenancy in common, or any other multiple ownership, the owners of the land shall designate in writing which one of the owners shall be deemed the owner of the land for purposes of qualifying as a voter. The legal representative of a corporation or estate owning real property may vote on behalf of the corporation or estate. As used in this section, legal representative means an official of a corporation owning real property or a guardian, conservator, executor, or administrator of the estate of the holder of title to real property who is all of the following: (a) Appointed under the laws of this state. (b) Entitled to the possession of the estate’s real property. (c) Authorized by the appointing court to exercise the particular right, privilege, or immunity which the legal representative seeks to exercise. Before a legal representative votes at a district election, the legal representative shall present to the precinct board a certified copy of his or her authority which shall be kept and filed with the returns of the election. Every voter, or his or her legal representative, may vote at any district election either in person or by a person duly appointed as his or her proxy, but shall be entitled to cast only one vote. The appointment of a proxy shall be as provided in Section 35005. Notwithstanding Section 21100 or any other provision of law, any voter, as defined in this section, is eligible to be a member of the Board of Directors of the Big Springs Irrigation District or the Board of Directors of the Princeton-Codora-Glenn Irrigation District. (Amended by Stats. 1987, Ch. 56, Sec. 180.)
  152. 20528.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

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    “Holder of title” includes a holder of evidence of title, and a person holding land under a possessory right acquired by entry or purchase from the United States or California.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20528. “Holder of title” includes a holder of evidence of title and, also, a holder of land under a possessory right acquired by entry or purchase from the United States or the State of California. (Added by Stats. 1943, Ch. 372.)
  153. 20529.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    “Property” generally includes all real and personal property, including water and related rights, except in Part 10.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20529. “Property” except in Part 10 embraces all real and personal property, including water, water rights, works, franchises, concessions and rights. (Added by Stats. 1943, Ch. 372.)
  154. 20530.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    “Works” includes dams, reservoirs, wells, conduits, pumps, power houses, power generating equipment, power lines, and their appurtenances.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20530. “Works” includes dams, reservoirs, wells, conduits, pumps, power houses, power generating equipment, power lines, and their appurtenances. (Added by Stats. 1943, Ch. 372.)
  155. 20531.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    This section defines “conduits” to include canals, laterals, ditches, flumes, pipes, and their appurtenances.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20531. “Conduits” include canals, laterals, ditches, flumes, pipes, and their appurtenances. (Added by Stats. 1943, Ch. 372.)
  156. 20532.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    “Acquire” includes construct, purchase, lease, exchange, condemn, joint acquisition when permitted, and contract to acquire.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20532. “Acquire” includes construct, purchase, lease, exchange, condemn, jointly acquire when joint acquisition is permitted, and contract to acquire. (Added by Stats. 1943, Ch. 372.)
  157. 20533.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    “Dispose” includes leasing, selling, contracting to lease, contracting to sell, and making any necessary instrument.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20533. “Dispose” includes lease, sell, contract to lease, contract to sell, and the making of any instrument necessary therefor. (Added by Stats. 1943, Ch. 372.)
  158. 20534.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    “Operate” includes use, maintain, and repair.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20534. “Operate” includes use, maintain, and repair. (Added by Stats. 1943, Ch. 372.)
  159. 20535.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    This section defines “assessee” as the person to whom property is assessed.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20535. “Assessee” means the person to whom property is assessed. (Added by Stats. 1943, Ch. 372.)
  160. 20536.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    “Assessment book” includes substantial records kept as bound volumes or cards that record assessments.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20536. “Assessment book” includes any substantial record showing the information required to be kept in it, whether in the form of bound volumes or of cards arranged and kept to provide a record of the assessments. (Added by Stats. 1943, Ch. 372.)
  161. 20537.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    “Completion assessment” means an assessment levied under the cited article and chapter.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20537. “Completion assessment” means an assessment levied pursuant to Article 2 of Chapter 2 of Part 10. (Added by Stats. 1943, Ch. 372.)
  162. 20538.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    “Particular purpose assessment” means an assessment levied under Article 3 of Chapter 2 of Part 10.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20538. “Particular purpose assessment” means an assessment levied pursuant to Article 3 of Chapter 2 of Part 10. (Added by Stats. 1943, Ch. 372.)
  163. 20539.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    “Emergency assessment” means an assessment levied under Article 4 of Chapter 2 of Part 10.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20539. “Emergency assessment” means an assessment levied pursuant to Article 4 of Chapter 2 of Part 10. (Added by Stats. 1943, Ch. 372.)
  164. 20540.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    “Limited assessments” includes completion assessments, particular purpose assessments, and emergency assessments.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20540. “Limited assessments” means any or all of the following: (a) Completion assessment. (b) Particular purpose assessment. (c) Emergency assessment. (Added by Stats. 1943, Ch. 372.)
  165. 20541.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    In this section, “charges” includes tolls.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20541. “Charges” includes tolls. (Added by Stats. 1943, Ch. 372.)
  166. 20542.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    For this section, “refund” also includes “fund.”

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20542. “Refund” includes fund. (Added by Stats. 1943, Ch. 372.)
  167. 20543.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    “Road” includes streets, highways, and alleys.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Definitions [20510 - 20543] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## 20543. “Road” includes streets, highways, and alleys. (Added by Stats. 1943, Ch. 372.)
  168. 20560.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    Districts are subject to the provisions of this division, no matter when they were formed.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. ) ## 20560. Districts, regardless of the date of formation, are subject to the provisions of this division. (Added by Stats. 1943, Ch. 372.)
  169. 20560.2.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    Certain electric-power districts must notify the California Debt and Investment Advisory Commission at least 30 days before selling certain debt; if they do not, the sale is invalid.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. ) ## 20560.2. In the case of any district that owns and operates facilities for the generation, transmission, distribution, and retail sale of electric power, the district shall give notice to the California Debt and Investment Advisory Commission, at least 30 days prior to the proposed sale date, of the proposed sale of any evidence of indebtedness issued to provide financing of any works of the district. The notice shall include the information required by subdivision (i) of Section 8855 of the Government Code. Failure to give this notice shall render the sale invalid. The California Debt and Investment Advisory Commission may waive the 30-day notice period upon application by the district. In carrying out the purpose of this section, the California Debt and Investment Advisory Commission may charge fees payable solely from the proceeds of the sale of the debt issue in an amount equal to one-fortieth of 1 percent of the principal amount of the issue, but not to exceed five thousand dollars ($5,000) for any one issue. The bonds shall be legal investments for all trust funds, for the funds of all insurance companies, commercial banks, savings banks, trust companies, the state school funds, and for any funds which may be invested in bonds of cities, cities and counties, counties, school districts, or municipalities in the state. (Amended by Stats. 2015, Ch. 303, Sec. 556. (AB 731) Effective January 1, 2016.)
  170. 20561.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    This division does not impair the validity of irrigation districts formed before the division’s effective date, or their rights or obligations.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. ) ## 20561. Nothing in this division impairs the validity of any district formed prior to the effective date of this division, its rights, or obligations. (Added by Stats. 1943, Ch. 372.)
  171. 20562.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    If this division requires a notice to be published for a set number of weeks, it only needs to be published one day each week, for the same number of weeks.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. ) ## 20562. Whenever by this division a notice is required to be published for a designated number of weeks or once a week for a designated number of weeks, the notice need be published on only one day of each week and for only the same number of times as the number of weeks designated. (Added by Stats. 1943, Ch. 372.)
  172. 20563.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    If an act or proceeding is required on the first Tuesday of a month, it may instead be done on the day otherwise set for the board’s regular meeting.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. ) ## 20563. Whenever any act is required to be done or proceeding taken on the first Tuesday in any month, the act may be done or proceeding had upon the day of the month otherwise specified for the regular meeting of the board. (Added by Stats. 1943, Ch. 372.)
  173. 20564.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    An acknowledged or proved instrument under this division has the same evidentiary effect as an acknowledged real-property conveyance, and a petition under this division serves as evidence of the petitioner’s stated place of residence.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. ) ## 20564. Whenever an instrument provided for in this division is acknowledged or proved, it shall have the same effect as evidence as a conveyance of real property which has been acknowledged and in case of any petition under this division is evidence of the fact of place of residence of a petitioner as stated by him on the petition. (Added by Stats. 1943, Ch. 372.)
  174. 20565.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    If an instrument must be acknowledged under this division, each signer must acknowledge it or prove the signature as provided by law before the signature becomes effective.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. ) ## 20565. Whenever an instrument is by this division required to be acknowledged, each signer shall acknowledge the instrument, or his signature shall be proved, in the manner provided by law before his signature shall be effective. (Added by Stats. 1943, Ch. 372.)
  175. 20566.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    Certain court-appointed fiduciaries may sign petitions in this division if a court order authorizes it; the court may issue that order without notice.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. ) ## 20566. A guardian, conservator, executor, administrator, or other person holding property in a trust capacity under appointment of court may sign any petition provided for in this division, when authorized by an order of court, which order may be made without notice. (Amended by Stats. 1979, Ch. 730.)
  176. 20566.1.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    A district may, through its board, sign petitions covered by this division for land it owns.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. ) ## 20566.1. A district with respect to land owned by it may through its board sign any petition provided for in this division. (Added by Stats. 1947, Ch. 749.)
  177. 20567.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    For petition purposes under this division, certain land with unknown, fictitious, or additional unnamed owners is treated as having one owner plus any named true owners.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. ) ## 20567. If any land is assessed on any assessment book to unknown or fictitiously named owners, or to unnamed owners in addition to any owner or owners named thereon, the land has, for the purposes of any petition provided for in this division, but one owner in addition to any owner or owners whose true name or names may be purported to be given on the assessment book. (Added by Stats. 1943, Ch. 372.)
  178. 20568.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    A person who holds title to an undivided interest in land may sign petitions under this division.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. ) ## 20568. The holder of title to an undivided interest in any land may sign any petition provided for in this division. Undivided interests shall be counted and valued as though they were separate interests. If the assessment book fails to indicate the extent of any undivided interest, the holders of title whose undivided interests in any land are not specifically defined have, for the purposes of this division, equal shares therein. (Added by Stats. 1943, Ch. 372.)
  179. 20568.1.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    A person may not sign on behalf of a property owner, or the owner of an undivided interest, unless authorized by the owner.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. ) ## 20568.1. No person may sign for the owner of property or the owner of an undivided interest therein without the authorization of the owner. (Added by Stats. 1959, Ch. 1083.)
  180. 20569.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    For certain petitions, land value and title are determined by the relevant assessment records, with special rules when no district assessment book has been equalized and for district-formation petitions.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. ) ## 20569. The value of any land and the holders of title to the land are conclusively determined, for the purpose of any petition provided for in this division, by the district assessment book last equalized at the time of the presentation of the petition. When no assessment book of the district has been equalized, the county assessment roll of the county in which the land is situated last equalized at the time of the presentation of the petition is conclusive evidence of the value and title. However, for the purposes of a petition to form a district and so far as land outside a district is concerned for the purposes of a petition to form an improvement district under Chapter 2A of Part 7 the county assessment roll of the county in which the land is situated, last equalized at the time of the first publication of the petition is conclusive evidence of the value and title. (Amended by Stats. 1947, Ch. 816.)
  181. 20570.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    Districts are reaffirmed as state agencies created and operating for governmental purposes.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. ) ## 20570. It is reaffirmed that districts are state agencies formed and existing for governmental purposes. (Added by Stats. 1949, Ch. 1366.)
  182. 20571.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    District assessments levied on all assessable land at a like rate are declared to be charges for district services, not a capital investment by landowners.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. ) ## 20571. Assessments of a district, for whatsoever purpose, levied on all assessable land at a like rate on the basis of the assessed valuation of the land are hereby declared to be charges for the services furnished by the district and not a capital investment of the landowners. (Added by Stats. 1947, Ch. 187.)
  183. 20573.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    Districts governed by this division must follow the Uniform District Election Law.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 3. General Provisions [20560 - 20573] ( Chapter 3 added by Stats. 1943, Ch. 372. ) ## 20573. Districts governed by this division are subject to the provisions of the Uniform District Election Law. (Added by Stats. 1965, Ch. 2019.)
  184. 20590.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 4. State Public Land [20590 - 20594] ( Chapter 4 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    This chapter defines “public land” as State-owned land that is subject to entry or has been entered, and for which no certificate of purchase has been issued.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 4. State Public Land [20590 - 20594] ( Chapter 4 added by Stats. 1943, Ch. 372. ) ## 20590. As used in this chapter “public land” is limited to land belonging to the State which is subject to entry or has been entered and for which no certificate of purchase has been issued. (Added by Stats. 1943, Ch. 372.)
  185. 20591.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 4. State Public Land [20590 - 20594] ( Chapter 4 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    Public land is treated the same as privately owned land for laws relating to districts.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 4. State Public Land [20590 - 20594] ( Chapter 4 added by Stats. 1943, Ch. 372. ) ## 20591. Public land is subject to all of the provisions of law relating to districts to the same extent and in the same manner as land in private ownership. (Added by Stats. 1943, Ch. 372.)
  186. 20592.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 4. State Public Land [20590 - 20594] ( Chapter 4 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    If public land is affected, required notices under this division must be promptly served on the State Lands Commission by mailing a copy to its office in a sealed, postage-prepaid envelope.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 4. State Public Land [20590 - 20594] ( Chapter 4 added by Stats. 1943, Ch. 372. ) ## 20592. When public land is affected, all notices required by this division shall promptly after issuance be served upon the State Lands Commission by mailing to its office a copy inclosed in a sealed envelope with postage prepaid. (Added by Stats. 1943, Ch. 372.)
  187. 20593.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 4. State Public Land [20590 - 20594] ( Chapter 4 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    This section says the chapter does not create any obligation for the State to pay assessments or charges.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 4. State Public Land [20590 - 20594] ( Chapter 4 added by Stats. 1943, Ch. 372. ) ## 20593. Nothing in this chapter creates any obligation against the State to pay any assessments or charges. (Added by Stats. 1943, Ch. 372.)
  188. 20594.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 4. State Public Land [20590 - 20594] ( Chapter 4 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    Unentered public land assessed by a district cannot be sold for assessment delinquency, and a patent cannot issue until the applicant shows a collector’s certificate that no assessments or charges are delinquent.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 4. State Public Land [20590 - 20594] ( Chapter 4 added by Stats. 1943, Ch. 372. ) ## 20594. No public land which was unentered at the time any assessment was levied against it by any district shall be sold for the delinquency of the assessment, but the assessment shall be and continue a lien upon the land, and no patent shall be issued therefor until the applicant presents a certificate from the collector stating that no unpaid assessments or charges are delinquent upon it. (Added by Stats. 1943, Ch. 372.)
  189. 20625.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 5. Information by Department [20625 - 20627] ( Chapter 5 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    The department must give information to people who are considering forming districts, as far as practicable.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 5. Information by Department [20625 - 20627] ( Chapter 5 added by Stats. 1943, Ch. 372. ) ## 20625. The department shall give information so far as it may be practicable to persons contemplating the formation of districts. (Amended by Stats. 1957, Ch. 1932.)
  190. 20626.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 5. Information by Department [20625 - 20627] ( Chapter 5 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    If the department decides it is in the public interest, it must make preliminary surveys and field investigations for a proposed district project.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 5. Information by Department [20625 - 20627] ( Chapter 5 added by Stats. 1943, Ch. 372. ) ## 20626. Whenever the department deems it in the public interest that preliminary surveys and field investigations of a proposed district project should be made at the expense of the State, the department shall make the surveys and field investigations. (Added by Stats. 1943, Ch. 372.)
  191. 20627.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 5. Information by Department [20625 - 20627] ( Chapter 5 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    The State Water Resources Control Board may withhold unappropriated water from appropriation while preliminary surveys and field investigations are still being completed.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 1. INTRODUCTORY PROVISIONS [20500 - 20627] ( Part 1 added by Stats. 1943, Ch. 372. ) ## CHAPTER 5. Information by Department [20625 - 20627] ( Chapter 5 added by Stats. 1943, Ch. 372. ) ## 20627. Pending the completion of the preliminary surveys and field investigations, the State Water Resources Control Board may withhold from appropriation any unappropriated water likely to be needed by the district. (Amended by Stats. 1967, Ch. 284.)
  192. 20700.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 2. FORMATION [20700 - 20982] ( Part 2 added by Stats. 1943, Ch. 372. ) ## CHAPTER 1. Petition for Formation [20700 - 20742] ( Chapter 1 added by Stats. 1943, Ch. 372. ) ## ARTICLE 1. Petitioners and Land [20700 - 20702] ( Article 1 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    Certain landowners or petitioners may propose forming an irrigation district if the title holders meet the stated majority or petition thresholds.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 2. FORMATION [20700 - 20982] ( Part 2 added by Stats. 1943, Ch. 372. ) ## CHAPTER 1. Petition for Formation [20700 - 20742] ( Chapter 1 added by Stats. 1943, Ch. 372. ) ## ARTICLE 1. Petitioners and Land [20700 - 20702] ( Article 1 added by Stats. 1943, Ch. 372. ) ## 20700. A majority in number of the holders of title to land susceptible of irrigation from a common source and by the same system of works, including pumping from subsurface or other water, who are also the holders of title to a majority in value of the land may propose the formation of a district under the provisions of this division; or the formation of the district may be proposed by not less than 500 petitioners, each of whom is an elector residing in the proposed district or the holder of title to land therein and which petitioners include the holders of title to not less than 20 per cent in value of the land included within the proposed district. (Added by Stats. 1943, Ch. 372.)
  193. 20701.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 2. FORMATION [20700 - 20982] ( Part 2 added by Stats. 1943, Ch. 372. ) ## CHAPTER 1. Petition for Formation [20700 - 20742] ( Chapter 1 added by Stats. 1943, Ch. 372. ) ## ARTICLE 1. Petitioners and Land [20700 - 20702] ( Article 1 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    Land proposed for an irrigation district does not have to be made up of contiguous parcels.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 2. FORMATION [20700 - 20982] ( Part 2 added by Stats. 1943, Ch. 372. ) ## CHAPTER 1. Petition for Formation [20700 - 20742] ( Chapter 1 added by Stats. 1943, Ch. 372. ) ## ARTICLE 1. Petitioners and Land [20700 - 20702] ( Article 1 added by Stats. 1943, Ch. 372. ) ## 20701. The land proposed to be formed into a district need not consist of contiguous parcels. (Added by Stats. 1943, Ch. 372.)
  194. 20702.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 2. FORMATION [20700 - 20982] ( Part 2 added by Stats. 1943, Ch. 372. ) ## CHAPTER 1. Petition for Formation [20700 - 20742] ( Chapter 1 added by Stats. 1943, Ch. 372. ) ## ARTICLE 1. Petitioners and Land [20700 - 20702] ( Article 1 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    The provision defines “land susceptible of irrigation” and says certain title holders or resident electors count as qualified petitioners if the relevant land makes up a majority of the proposed district.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 2. FORMATION [20700 - 20982] ( Part 2 added by Stats. 1943, Ch. 372. ) ## CHAPTER 1. Petition for Formation [20700 - 20742] ( Chapter 1 added by Stats. 1943, Ch. 372. ) ## ARTICLE 1. Petitioners and Land [20700 - 20702] ( Article 1 added by Stats. 1943, Ch. 372. ) ## 20702. “Land susceptible of irrigation” as used in section 20700 of this code includes land used for residential or business purposes susceptible of receiving water for domestic or agriculture purposes and if land of that character constitutes a majority in area of the land in the proposed district the holders of title thereto or electors residing thereon shall be counted as qualified petitioners for the formation of the district. (Added by Stats. 1947, Ch. 499.)
  195. 20720.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 2. FORMATION [20700 - 20982] ( Part 2 added by Stats. 1943, Ch. 372. ) ## CHAPTER 1. Petition for Formation [20700 - 20742] ( Chapter 1 added by Stats. 1943, Ch. 372. ) ## ARTICLE 2. Petition [20720 - 20724] ( Article 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    A petition to form an irrigation district must include specified information and signatures.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 2. FORMATION [20700 - 20982] ( Part 2 added by Stats. 1943, Ch. 372. ) ## CHAPTER 1. Petition for Formation [20700 - 20742] ( Chapter 1 added by Stats. 1943, Ch. 372. ) ## ARTICLE 2. Petition [20720 - 20724] ( Article 2 added by Stats. 1943, Ch. 372. ) ## 20720. A petition for the formation of a district shall contain: (a) Generally, a description of the land. (b) Generally, the sources, which may be in the alternative, from which the land is proposed to be irrigated. (c) The name of a person to whom notice of the final hearing on the petition may be sent. (d) A prayer that the land described be formed into a district. (e) Signatures of the petitioners. (Added by Stats. 1943, Ch. 372.)
  196. 20721.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 2. FORMATION [20700 - 20982] ( Part 2 added by Stats. 1943, Ch. 372. ) ## CHAPTER 1. Petition for Formation [20700 - 20742] ( Chapter 1 added by Stats. 1943, Ch. 372. ) ## ARTICLE 2. Petition [20720 - 20724] ( Article 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    A petition for forming an irrigation district may ask for three divisions, at-large election of directors, or consolidation of offices that may be consolidated.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 2. FORMATION [20700 - 20982] ( Part 2 added by Stats. 1943, Ch. 372. ) ## CHAPTER 1. Petition for Formation [20700 - 20742] ( Chapter 1 added by Stats. 1943, Ch. 372. ) ## ARTICLE 2. Petition [20720 - 20724] ( Article 2 added by Stats. 1943, Ch. 372. ) ## 20721. A petition for the formation of a district may request any of the following: (a) Three divisions in the proposed district. (b) Election of the directors of the proposed district by the district at large. (c) Consolidation of any offices allowed to be consolidated. (Added by Stats. 1943, Ch. 372.)
  197. 20722.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 2. FORMATION [20700 - 20982] ( Part 2 added by Stats. 1943, Ch. 372. ) ## CHAPTER 1. Petition for Formation [20700 - 20742] ( Chapter 1 added by Stats. 1943, Ch. 372. ) ## ARTICLE 2. Petition [20720 - 20724] ( Article 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    A petition may be made up of any number of separate instruments, and they must be duplicates except for signatures.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 2. FORMATION [20700 - 20982] ( Part 2 added by Stats. 1943, Ch. 372. ) ## CHAPTER 1. Petition for Formation [20700 - 20742] ( Chapter 1 added by Stats. 1943, Ch. 372. ) ## ARTICLE 2. Petition [20720 - 20724] ( Article 2 added by Stats. 1943, Ch. 372. ) ## 20722. The petition may consist of any number of separate instruments, which shall be duplicates except as to signatures. (Added by Stats. 1943, Ch. 372.)
  198. 20723.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 2. FORMATION [20700 - 20982] ( Part 2 added by Stats. 1943, Ch. 372. ) ## CHAPTER 1. Petition for Formation [20700 - 20742] ( Chapter 1 added by Stats. 1943, Ch. 372. ) ## ARTICLE 2. Petition [20720 - 20724] ( Article 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    A petition must include a sufficient undertaking approved by the board of supervisors.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 2. FORMATION [20700 - 20982] ( Part 2 added by Stats. 1943, Ch. 372. ) ## CHAPTER 1. Petition for Formation [20700 - 20742] ( Chapter 1 added by Stats. 1943, Ch. 372. ) ## ARTICLE 2. Petition [20720 - 20724] ( Article 2 added by Stats. 1943, Ch. 372. ) ## 20723. The petition shall be accompanied by a sufficient undertaking, to be approved by the board of supervisors, in double the amount of the probable cost of forming the district, conditioned that the sureties shall pay all of the costs in case the formation is not effected. (Added by Stats. 1943, Ch. 372.)
  199. 20724.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 2. FORMATION [20700 - 20982] ( Part 2 added by Stats. 1943, Ch. 372. ) ## CHAPTER 1. Petition for Formation [20700 - 20742] ( Chapter 1 added by Stats. 1943, Ch. 372. ) ## ARTICLE 2. Petition [20720 - 20724] ( Article 2 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    A petitioner may withdraw signatures from the petition before publication starts, by filing a signed and acknowledged declaration with the board of supervisors of the principal county.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 2. FORMATION [20700 - 20982] ( Part 2 added by Stats. 1943, Ch. 372. ) ## CHAPTER 1. Petition for Formation [20700 - 20742] ( Chapter 1 added by Stats. 1943, Ch. 372. ) ## ARTICLE 2. Petition [20720 - 20724] ( Article 2 added by Stats. 1943, Ch. 372. ) ## 20724. Signatures to the petition may be withdrawn at any time before its publication is commenced, by filing a declaration, signed and acknowledged by the petitioner, with the board of supervisors of the principal county, stating that it is the intention of the petitioner to withdraw therefrom. (Added by Stats. 1943, Ch. 372.)
  200. 20740.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 2. FORMATION [20700 - 20982] ( Part 2 added by Stats. 1943, Ch. 372. ) ## CHAPTER 1. Petition for Formation [20700 - 20742] ( Chapter 1 added by Stats. 1943, Ch. 372. ) ## ARTICLE 3. Publication [20740 - 20742] ( Article 3 added by Stats. 1943, Ch. 372. )

    Verify source ↗

    The notice must be signed by the county elections official of the principal county.

    ## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 2. FORMATION [20700 - 20982] ( Part 2 added by Stats. 1943, Ch. 372. ) ## CHAPTER 1. Petition for Formation [20700 - 20742] ( Chapter 1 added by Stats. 1943, Ch. 372. ) ## ARTICLE 3. Publication [20740 - 20742] ( Article 3 added by Stats. 1943, Ch. 372. ) ## 20740. The petition and a notice of the time of the meeting at which it will be presented shall be published for at least two weeks before the time at which it is to be presented. Publication shall be in a newspaper of general circulation printed and published in the principal county and in a newspaper published in each other affected county. The notice shall be signed by the county elections official of the principal county. (Amended by Stats. 2002, Ch. 221, Sec. 152. Effective January 1, 2003.)

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