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2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 3 - Investigation of Stream System › Section 2551.

2551. During the investigation the representatives of the board shall, after 30 days’ notice in writing to each person who has given notice of intent to file proof of claim, conduct a detailed field investigation of such person’s use of water, and shall determine the acreage under irrigation or otherwise define the place of use and purpose of use, determine the location and capacity of such person’s diversion works and conduits conveying water from the stream system, and the amount of water diverted and reasonably required to satisfy the uses being made. It shall be the duty of each claimant to be present at some time during the detailed field investigation either in person or by an agent who is authorized to sign the proof of claim.
(Repealed and added by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 3 - Investigation of Stream System › Section 2552.

2552. Each claimant shall have available at the detailed field investigation all pertinent information on the extent and nature of the claimant’s water use and basis of water right, so as to expedite the investigation and facilitate the completion of the proof of claim.
(Repealed and added by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 3 - Investigation of Stream System › Section 2553.

2553. Immediately upon conclusion of the detailed field investigation, the claimant or the claimant’s representative shall be provided, by registered mail, a blank form of proof of claim and a copy of the factual determinations of the representatives of the board for use in preparing the proof of claim.
(Repealed and added by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 3 - Investigation of Stream System › Section 2554.

2554. During the investigation of the stream system, the board shall also conduct detailed field investigations of projects of all water users known to the board who have not filed a notice of intent to file proof of claim. Such investigations shall be in accordance with Section 2551, except that the water users need not be notified in advance of the investigation.
(Repealed and added by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 3 - Investigation of Stream System › Section 2555.

2555. Water users not present during conduct of the detailed field investigation and those not filing notice of intent shall, insofar as they are known, be supplied a copy of the factual determinations of the representative of the board and a blank form of proof of claim and shall be allowed to file proof of claim after completion of the detailed investigation of their project by the representatives of the board on the same basis as persons who were present and who filed timely notices of intent.
(Added by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 4 - Proof of Claim › Section 2575.

2575. The proof of claim shall be filed with the board on the form provided by the board and shall include all of the following:
(a) The name and post office address of the claimant.
(b) The nature of the right on which the claim is based, the date upon which it was initiated, and the purpose of use.
(c) A description of any works of diversion or distribution and the date such works were constructed.
(d) The character of the soil and the location, area, and kind of crops irrigated, if any; the season of use; and the amount of water required and diverted.
(e) The number of people served water, if any.
(f) Such other facts as the board requires to show the extent and nature of the right and compliance with the law in acquiring it.
(Repealed and added by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 4 - Proof of Claim › Section 2576.

2576. Each claimant shall certify to the proof of claim statements under oath or penalty of perjury.
(Repealed and added by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 4 - Proof of Claim › Section 2577.

2577. Any person not submitting a proof of claim to the board or to representatives of the board by the conclusion of the investigation shall be notified in writing that such person’s rights will be entered in the preliminary order of determination by the board based on the measurements and information gathered during the investigation unless a claim is submitted within 30 days of such notification.
(Added by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 5 - Report and Preliminary Order of Determination › Section 2600.

2600. After all field investigations have been completed and the time for filing proofs of claims has expired, the board shall prepare a report describing the water supply and abstracting the claim of water right of each claimant.
(Repealed and added by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 5 - Report and Preliminary Order of Determination › Section 2601.

2601. The report shall note separately any material differences between the claims and the factual determinations made by the representatives of the board during the investigation.
(Repealed and added by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 5 - Report and Preliminary Order of Determination › Section 2602.

2602. The report shall include a map showing the stream system, diversion points, conduits, areas of water use and the type of use, owner’s names, and such other information as the board deems necessary.
(Repealed and added by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 5 - Report and Preliminary Order of Determination › Section 2603.

2603. The report shall include a preliminary order of determination determining and establishing the several rights to the water of the stream system, giving appropriate consideration to claims at variance with the measurements and determinations of the representatives of the board.
(Repealed and added by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 5 - Report and Preliminary Order of Determination › Section 2604.

2604. A copy of the report shall be sent by registered mail to each claimant and to each person not filing a claim appearing in the report as a water user. It shall be accompanied by a notice setting a day at least 60 days thereafter, prior to which such persons may file objections to any portion of the report, including the preliminary order of determination.
(Repealed and added by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 6 - Objections to the Report › Section 2625.

2625. The notice shall also set a time and place reasonably convenient to the claimants when and where the proofs of claim and measurements and other data collected by the board during the proceedings will be open and available for inspection by all interested persons. The period of inspection shall be fixed by the board but shall be not less than five days.
(Repealed and added by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 6 - Objections to the Report › Section 2626.

2626. A representative of the board shall be present at the time and place designated in the notice, and shall permit, during the period of inspection, any person interested to inspect such evidence and proofs of claim as have been filed.
(Repealed and added by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 6 - Objections to the Report › Section 2627.

2627. The period of inspection shall be concluded at least 30 days prior to the expiration of the time allowed claimants for filing objections to the report and preliminary order of determination.
(Repealed and added by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 6 - Objections to the Report › Section 2628.

2628. The objections shall be in writing and shall state with reasonable certainty the grounds of the objection.
(Repealed and added by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 7 - Hearing of Objections › Section 2650.

2650. Within 10 days after the close of the period for filing objections, the board shall mail copies of the objections to the claimant or water user against whom the objections are directed and shall notify by registered mail the persons whose rights are significantly affected to appear before it at a time and place specified and at such time and place the objections will be heard. The time specified shall be as soon as practicable but not less than 15 days from the date of the mailing of the notice of hearing.
(Repealed and added by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 7 - Hearing of Objections › Section 2651.

2651. The board may adjourn hearings of objections from time to time upon reasonable notice to all parties in interest.
(Repealed and added by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 7 - Hearing of Objections › Section 2652.

2652. The costs of taking testimony at a hearing on an objection shall be borne by the parties thereto as follows: each party shall pay for the direct examination of his own witness and the cross-examination of opponent’s witness, and the parties shall share equally for that part of the examination directed by the representative of the board.
(Repealed and added by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 7 - Hearing of Objections › Section 2653.

2653. One copy of the transcript of testimony taken at the hearing shall be furnished to the board at the cost of the parties.
(Repealed and added by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 8 - Order of Determination › Section 2700.

2700. As soon as practicable after the hearing of objections or the expiration of the time for filing objections if no objections are filed, the board shall adopt an order determining and establishing the several rights to the water of the stream system.
(Amended by Stats. 1984, Ch. 1654, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 8 - Order of Determination › Section 2701.

2701. A notice of adoption of the order of determination and a copy of the order shall be sent by registered mail to each claimant and to each person whose rights are determined in the order.
(Amended by Stats. 1984, Ch. 1654, Sec. 3.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 8 - Order of Determination › Section 2702.

2702. (a) The board may order a reconsideration of all or part of an order of determination on the board’s own motion or on petition of any party affected by the order. The petition shall be filed within 30 days after the notice required by Section 2701 is sent. The authority of the board to order a reconsideration on its own motion shall expire 30 days after the board has adopted the order. The board shall order or deny reconsideration on a petition for reconsideration within 90 days after the notice required by Section 2701 is sent.
(b) The order of determination may be reconsidered by the board on all the pertinent parts of the record and any arguments as may be permitted, or a further hearing may be held, upon notice to all affected parties, for the purpose of receiving additional evidence that the board may, for cause, allow. The order on reconsideration has the same force and effect as an original order.
(Amended by Stats. 1990, Ch. 230, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2750.

2750. As soon as practicable after adoption of the order of determination, issuance of an order on reconsideration, or issuance of an order denying reconsideration, whichever is later, a certified copy of the order, together with the original evidence and transcript of testimony filed with or taken before the board and certified by it, shall be filed with the clerk of the superior court of the county in which the stream system, or some part thereof, is situated.
(Amended by Stats. 1984, Ch. 1654, Sec. 6.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2751.

2751. Upon the filing of the certified copy of the order of determination and the evidence and transcript, the board shall procure an order from the court setting a time for hearing.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2752.

2752. The clerk of the court shall immediately furnish the board with a certified copy of the order setting the time for hearing.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2753.

2753. Upon receiving the certified copy of the order setting the time for hearing, the board shall immediately mail a copy of the order by registered mail to each known party in interest at his last known place of residence.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2754.

2754. The board shall cause the order to be published at least once a week for four consecutive weeks in some newspaper of general circulation published in each county in which the stream system or any part thereof is situated.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2755.

2755. The board shall file with the clerk of the court proof of service by registered mail and by publication.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2756.

2756. Service by registered mail and by publication shall be deemed full and sufficient notice to all parties in interest of the date and purpose of the hearing.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2757.

2757. At least 10 days prior to the day set for hearing, each party in interest who is aggrieved or dissatisfied with the order of determination may file with the clerk of the court notice of exceptions to the order of determination.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2758.

2758. The notice of exceptions shall state briefly the exceptions taken, the reasons therefor, and the prayer for relief.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2759.

2759. A copy of each notice of exception shall be sent by registered mail at least 10 days prior to the hearing to the board and to each person who was an adverse party to any issue raised by the exception at a hearing of the board.
(Amended by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2760.

2760. The order of determination, the statements or claims of claimants, and the exceptions made to the order of determination constitute the pleadings.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2761.

2761. The court may allow such additional or amended pleadings as may be necessary to a final determination of the proceeding.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2762.

2762. If no exceptions are filed, then on the day set for the hearing, on motion of the board, the court shall enter a decree affirming the order of determination.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2763.

2763. On the day set for hearing all parties in interest who have filed notices of exceptions shall appear in person, or by counsel, and the court shall hear the matter or set the time for hearing, and shall continue the hearing until all exceptions are disposed of.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2763.5.

2763.5. (a) No exception to the order of determination shall be considered, except in the court’s discretion for good cause shown, unless the matter of the exception was presented to the board in the form of an objection. Good cause includes, but is not limited to, the existence of newly discovered relevant evidence which, in the exercise of reasonable diligence, could not have been presented to the board during the board’s proceedings.
(b) This section does not apply to persons to whom the board did not mail either (1) written notice of the board meeting at which the petition pursuant to Section 2525 is to be considered as an item of business, or (2) written notice of the pendency of the proceedings pursuant to Section 2526.
(Added by Stats. 1985, Ch. 572, Sec. 1.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2764.

2764. All proceedings on the hearing shall be as nearly as may be in accordance with the rules governing civil actions.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2765.

2765. Whenever in the judgment of the court the State is a necessary party to the action, the court shall make an order to that effect and thereupon a copy of all pleadings and proceedings on file with the court in the action shall be served upon the Attorney General who shall represent the State therein.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2766.

2766. For further information on any subject in controversy the court may employ one or more qualified persons to investigate and report thereon under oath, subject to examination by any party in interest as to his competency to give expert testimony on the subject.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2767.

2767. The court may take additional evidence on any issue and may, if necessary, refer the case for such further evidence to be taken by the board as the court may direct, and may require a further determination by the board.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2768.

2768. After the hearing, the court shall enter a decree determining the right of all persons involved in the proceeding.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2769.

2769. The decree shall in every case declare as to the water right adjudged to each party, the priority, amount, season of use, purpose of use, point of diversion, and place of use of the water; and as to water used for irrigation, the decree shall also declare the specific tracts of land to which it is appurtenant, together with such other factors as may be necessary to define the right.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2770.

2770. Upon the hearing the court may assess and adjudge against any party such costs as it may deem just.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2771.

2771. Appeals from the decree may be taken by the board or any party in interest, in the same manner and with the same effect as in civil cases.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2772.

2772. A certified copy of the decree shall be prepared by the clerk of the court, without charge, and filed for record in the office of the county recorder of each county in which any part of the stream system is situated and also in the office of the board.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2773.

2773. The decree is conclusive as to the rights of all existing claimants upon the stream system lawfully embraced in the determination.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 9 - Hearing and Decree of Court › Section 2774.

2774. When a decree has been entered, any claimant who has failed to appear and submit proof of his claim as provided in this chapter shall be barred and estopped from subsequently asserting any rights theretofore acquired upon the stream system embraced in the proceedings, and shall be held to have forfeited all rights to water theretofore claimed by him on the stream system, other than as provided in the decree, unless entitled to relief under the laws of this State.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 10 - Intervention › Section 2780.

2780. Any claimant who, prior to entry of the order of determination by the board, had no actual knowledge or notice of the pendency of the proceedings may, at least 10 days prior to the date set for hearing by the court or within such further time prior to the decree as the court may allow, intervene in the proceedings by filing with the court an exception to the order of determination and a proof of claim which shall contain all the matters required by this chapter of claimants who have been served with notice of the proceeding.
(Added by Stats. 1965, Ch. 53.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 10 - Intervention › Section 2781.

2781. Upon filing his exception and proof of claim, the intervenor shall make application to the court for an order prescribing the time and manner of service of the exception and proof upon other claimants and the time within which contests of the proof may be filed with the court and served upon the intervenor.
(Added by Stats. 1965, Ch. 53.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 10 - Intervention › Section 2782.

2782. After expiration of the time fixed by the court for filing contests, the court shall proceed to hear and determine the exception and proof of intervenor and any contest thereto in accordance as near as may be with Article 9 (commencing with Section 2750).
(Amended by Stats. 1983, Ch. 142, Sec. 176.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 10 - Intervention › Section 2783.

2783. The court may refer the matter for such further evidence to be taken by the board as the court may direct, and may require a further determination by the board, in which event the board shall be entitled to reimbursement for expenses incurred by it in the manner provided in Article 13 (commencing with Section 2850) of this chapter.
(Added by Stats. 1965, Ch. 53.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 11 - Proceedings when Appropriation Incomplete at Time of Determination › Section 2801.

2801. All persons claiming rights under an incomplete appropriation, when notified as provided in this chapter, shall appear and submit their proofs of claim in accordance with this chapter, or they shall be deemed and held to be in default and to have abandoned or to have no right, title, or interest in or to the water of the stream system, other than as the person may be found to be entitled by the board based on available information and data.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 11 - Proceedings when Appropriation Incomplete at Time of Determination › Section 2802.

2802. In determining rights based on an incomplete appropriation initiated according to law prior to December 19, 1914, and since prosecuted with reasonable diligence in accordance with Section 1416 of the Civil Code, the board shall prescribe such reasonable time for the completion of the appropriation and the application of the water to a beneficial use as will enable the claimant acting in good faith and with due diligence to complete the appropriation.
(Amended by Stats. 1965, Ch. 53.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 11 - Proceedings when Appropriation Incomplete at Time of Determination › Section 2803.

2803. The order of determination shall provide that within the time prescribed for completion of the appropriation, or such further time as the court may allow, the claimant shall submit to the court proof of completion and the amount of water actually applied to beneficial use.
(Amended by Stats. 1965, Ch. 53.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 11 - Proceedings when Appropriation Incomplete at Time of Determination › Section 2806.

2806. The court shall have authority to thereafter hear and determine proof offered as to the completion of any such right.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 11 - Proceedings when Appropriation Incomplete at Time of Determination › Section 2807.

2807. Time for completion may be extended from time to time by the court upon motion made prior to the expiration of the limit of time fixed therefor.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 11 - Proceedings when Appropriation Incomplete at Time of Determination › Section 2808.

2808. Notice of motion for an extension of time for completion shall be filed not more than 90 days prior to the expiration of the time limit.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 11 - Proceedings when Appropriation Incomplete at Time of Determination › Section 2809.

2809. The clerk of the court shall post notice of hearing of the motion at the courthouse where the hearing is to be held and at least 10 days prior to the hearing.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 11 - Proceedings when Appropriation Incomplete at Time of Determination › Section 2810.

2810. The court may refer the matter of the motion to the board for its report and recommendation thereon.
(Amended by Stats. 1965, Ch. 53.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 11 - Proceedings when Appropriation Incomplete at Time of Determination › Section 2811.

2811. Upon receipt of the report and recommendation of the board or, if the board fails to file its report and recommendations within 90 days after the reference, upon the expiration of that period, the court shall grant such an extension of time as there is, in its discretion, good and sufficient cause for, or shall deny the motion.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 11 - Proceedings when Appropriation Incomplete at Time of Determination › Section 2812.

2812. In event of denial of a motion for the extension of time for completion the applicant may within 10 days after notice by the clerk of the denial, file notice of intention to offer proof of completion.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 11 - Proceedings when Appropriation Incomplete at Time of Determination › Section 2813.

2813. Any claimant desiring to offer proof of completion shall file a notice of intention to offer such proof with the clerk of the court.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 11 - Proceedings when Appropriation Incomplete at Time of Determination › Section 2814.

2814. The clerk shall post notice of the time for hearing the proof at the courthouse where the hearing is to be held and at least 10 days prior to the hearing.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 11 - Proceedings when Appropriation Incomplete at Time of Determination › Section 2815.

2815. Upon submission of proof of completion after entry of the decree of the court, the court shall enter a supplemental decree determining the right before it and in event of failure, after entry of the decree of the court, to submit proof within the time allowed or to move for and secure an extension of time to do so the court shall enter a supplemental decree denying the right involved.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 11 - Proceedings when Appropriation Incomplete at Time of Determination › Section 2816.

2816. All persons claiming rights under incomplete appropriations who fail to complete their appropriations within the limit of time fixed by the board in its order of determination, or within such further time granted upon motion made prior to the expiration of the time limit as the court finds equitable and just, shall be deemed to have abandoned their rights of appropriation insofar as the same remain incomplete, and such appropriators shall be deemed and held to have no right, title or interest in or to the water of the stream system insofar as their appropriations have not been completed.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 11 - Proceedings when Appropriation Incomplete at Time of Determination › Section 2817.

2817. Appeals from any action of the court under this article may be taken by the board or any party in interest in the same manner and with the same effect as in the civil cases.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 11 - Proceedings when Appropriation Incomplete at Time of Determination › Section 2818.

2818. This article shall not be construed to confer any rights of appropriation upon parties who shall have abandoned their appropriations or failed to use due diligence in the application of the water to a beneficial use and in the completion of their appropriations.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 11 - Proceedings when Appropriation Incomplete at Time of Determination › Section 2819.

2819. Incomplete appropriations initiated by application under the provisions of the Water Commission Act or this code shall be included in the decree but shall continue to be administered by the board as in other cases. Upon issuance of a license by the board and completion of court review of the board’s action under Article 3 (commencing with Section 1126) of Chapter 4 of Part 1, if court review is sought, and upon motion of the licensee or the board, the court shall enter a supplemental decree confirming the right in accordance with the license. Any change authorized by the board pursuant to Chapter 10 (commencing with Section 1700), Part 2, of this division, shall in like manner be the subject of a supplemental decree.
(Amended by Stats. 1996, Ch. 659, Sec. 18. Effective January 1, 1997.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 11 - Proceedings when Appropriation Incomplete at Time of Determination › Section 2820.

2820. After revocation by the board of a permit or license relating to a right included in the decree and upon completion of court review of the board’s action under Article 3 (commencing with Section 1126) of Chapter 4 of Part 1, if court review is sought, the court shall, upon motion of the board or any interested party, enter a supplemental decree denying the right involved.
(Amended by Stats. 1996, Ch. 659, Sec. 19. Effective January 1, 1997.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 12 - Service of Copy of Decree › Section 2825.

2825. The board shall furnish to each claimant whose rights are decreed a copy of the decree and a notice of the entry thereof.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 12 - Service of Copy of Decree › Section 2826.

2826. Upon entry of a supplemental decree establishing or modifying a right, the board shall furnish to each claimant who could be significantly affected, at his last known address, a copy of the supplemental decree and a notice of entry thereof.
(Amended by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 13 - Expenses of Determination › Section 2850.

2850. At the time of the submission of proofs, the board shall collect from each claimant the fee established pursuant to Section 1528.
(Amended by Stats. 2003, Ch. 741, Sec. 87. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 13 - Expenses of Determination › Section 2851.

2851. At the time of, or as soon as practicable after the mailing of, its order of determination the board shall compute the entire expense it has incurred in performing the duties prescribed in this chapter, including salaries, wages, traveling expenses, and all costs of whatever character which are properly chargeable to the proceeding.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 13 - Expenses of Determination › Section 2852.

2852. If the total amount of expense exceeds the total amount received from claimants at the time of submission of proofs, the excess expense shall be equitably apportioned by the board against the parties to the proceeding.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 13 - Expenses of Determination › Section 2853.

2853. A statement setting forth the expense and the apportionments thereof against the respective parties shall be sent by registered mail by the board to each of the parties and filed with the court.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 13 - Expenses of Determination › Section 2855.

2855. Upon application in writing by any party aggrieved within 30 days after the statement of expense and the apportionment thereof has been mailed to the parties, the court shall after expiration of said period set for hearing the determination of any objections to the expense or to the apportionments thereof.
(Amended by Stats. 1955, Ch. 629.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 13 - Expenses of Determination › Section 2856.

2856. The clerk of the court shall, at least 10 days prior to the date of hearing, give notice thereof by mail to all parties.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 13 - Expenses of Determination › Section 2857.

2857. If no objection is filed with the court within the prescribed periods 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.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 13 - Expenses of Determination › Section 2858.

2858. Any party failing to object to the expense or the apportionments thereof waives all objections thereto.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 13 - Expenses of Determination › Section 2859.

2859. Upon the hearing of objections to the expense or the apportionments 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.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 13 - Expenses of Determination › Section 2864.

2864. If the funds available for use by the board are inadequate to enable it to undertake the expense of any proceeding under this chapter or if in its judgment reimbursement for the expense of any such proceeding is not reasonably certain, it may refuse to proceed with its investigation and to undertake the proceeding, unless and until such provision is made by persons interested as may be satisfactory to the board and deemed by it sufficient to secure reimbursement or payment to it for its expenses.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 13 - Expenses of Determination › Section 2865.

2865. During the pendency of any proceedings under this chapter, the board, after at least 20 days’ notice to the parties, may order interim or partial payments of the expense to be made by the parties as the board deems proper and equitable under the circumstances.
(Added by Stats. 2003, Ch. 741, Sec. 88. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 13 - Expenses of Determination › Section 2868.

2868. If a party fails to pay the expenses apportioned to that party when due, the board may refer the matter for collection of the unpaid expenses pursuant to Section 1536.
(Added by Stats. 2003, Ch. 741, Sec. 89. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 4 - Modification of Decrees › Section 2900.

2900. In rendering its decree for the determination of rights to water, whether in suits referred to the board under the provisions of Chapter 1 of this part or in adjudications under the provisions of Chapter 3 of this part, the court may provide that the board or any party affected by the decree may, at any time within three years from entry thereof, apply to the court for a modification of the decree insofar only as the decree determines quantities of water, and after hearing the motion and any competent and admissible evidence offered in support of or against the motion the court may modify the decree by increasing or decreasing the quantities of water therein allowed.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 4 - DISTRIBUTION OF WATER IN WATERMASTER SERVICE AREAS › CHAPTER 1 - General Provisions › Section 4000.

4000. As used in this part, “service area” applies to watermaster districts heretofore established and to watermaster service areas hereafter established pursuant to this part.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 4 - DISTRIBUTION OF WATER IN WATERMASTER SERVICE AREAS › CHAPTER 1 - General Provisions › Section 4002.

4002. Any duty or authority vested in a watermaster may be exercised by the watermaster directly or through the agency of a deputy watermaster, if there is one.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 4 - DISTRIBUTION OF WATER IN WATERMASTER SERVICE AREAS › CHAPTER 1 - General Provisions › Section 4003.

4003. As used in this part, “fiscal year” means the year beginning July 1 of any calendar year and ending June 30 of the following calendar year.
(Added by Stats. 1961, Ch. 360.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 4 - DISTRIBUTION OF WATER IN WATERMASTER SERVICE AREAS › CHAPTER 2 - Creation of Watermaster Service Areas › Section 4025.

4025. The department shall divide the State into watermaster service areas so constituted and adjusted as to insure the most practical and economical supervision of the distribution of water on the part of the State.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 4 - DISTRIBUTION OF WATER IN WATERMASTER SERVICE AREAS › CHAPTER 2 - Creation of Watermaster Service Areas › Section 4027.

4027. The rights may be ascertained and determined by any or all of the following:
(a) Under procedure provided for in this division;
(b) Under procedure provided by law, other than this division;
(c) By agreement in writing entered into by the respective claimants;
(d) By permits and licenses issued subsequent to any such adjudication or agreement.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 4 - DISTRIBUTION OF WATER IN WATERMASTER SERVICE AREAS › CHAPTER 2 - Creation of Watermaster Service Areas › Section 4028.

4028. When rights are ascertained and determined by agreement, the agreement shall be recorded in the office of the county recorder of each county in which is situated any water rights involved, and in the office of the county recorder of each county in which is situated the land, or any portion thereof, on which any water involved is, or is entitled to be, used.
(Enacted by Stats. 1943, Ch. 368.)