Water Code, 1943

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.

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

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

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.

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.

Permittee or licensee may temporarily change certain water-use details if specified water-impact conditions are met.

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

A permittee or licensee seeking a temporary change must file a petition with the board and follow notice, comment, and timing rules.

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.

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.

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

After the temporary change period ends, all rights automatically revert to the original holder without any action by the board.

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.

The board may consider petitions for long-term water transfers involving changes to diversion point, place of use, or purpose of use.

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.

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

This section establishes the State Water Resources Control Board and gives it the state’s adjudicatory and regulatory functions in water resources.

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

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

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.

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

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.

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.

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 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.

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

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.

A water user transferring surface water under this article generally may not substitute groundwater unless specific plan or supplier-approval conditions are met.

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.

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.

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.

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

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

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

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

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

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

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

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

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.

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.

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.

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.

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.

The applicant must pay a proper pro rata share of the cost of maintaining the works after beginning occupancy and use.

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

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

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.

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

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.

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

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.