reglab/statecodes huggingface dataset:
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 2.6 - Nonreserved Water Rights for Federal Uses › Section 1227.2.

1227.2. (a) Subject to subdivisions (b) and (c), any use for which a statement is submitted to the board pursuant to Section 1227.1 has a priority for the appropriation of water as of the date of initial use of the water, except that all permits and licenses issued by the board on applications, including those filed by the department pursuant to Part 2 (commencing with Section 10500) of Division 6, filed prior to July 1, 1984, have priority over any water right claimed by the United States pursuant to this article. Any use for which a statement is required shall be subject to Article 3 (commencing with Section 11460) of Chapter 3 of Part 3 of Division 6, in a like manner as the Central Valley Project.
(b) The scope of any appropriative right recognized pursuant to this article, including terms and conditions judged necessary by the board to best develop, conserve, and utilize the appropriated water in the public interest, shall be determined when that scope is at issue in any of the following proceedings:
(1) A proceeding upon an application, permit, or license of another, pursuant to this part, where the United States is a protestant or interested party.
(2) A proceeding to determine all rights to water of a stream system pursuant to Chapter 3 (commencing with Section 2500) of Part 3.
(3) A general adjudication of water rights commenced in the courts of this state.
(4) A proceeding to determine whether the board should commence an action pursuant to Section 1052, whether the United States is a complainant or a respondent.
(5) A proceeding under Section 275 and rules of the board in implementation thereof, whether the United States is a complainant or a respondent.
(c) The board shall, following any determination pursuant to subdivision (b), issue evidence of the scope of the right so determined; provided, that in no event, either prior or subsequent to the determination, shall the right exceed the amount of water that may be reasonably used without waste and under reasonable methods of use and diversion.
(Added by Stats. 1983, Ch. 670, Sec. 1.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 2.6 - Nonreserved Water Rights for Federal Uses › Section 1227.3.

1227.3. This article does not apply to uses involving the appropriation of water by any person, including any agency of the United States, pursuant to the Federal Reclamation Law, as amended or supplemented, or any other federal statute which authorizes projects for the development of water for uses other than uses upon reserved federal lands.
(Added by Stats. 1983, Ch. 670, Sec. 1.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 2.6 - Nonreserved Water Rights for Federal Uses › Section 1227.4.

1227.4. The board may, after following procedures set forth in Sections 1675 to 1675.2, inclusive, revoke any water right determined pursuant to this article upon a finding that the water has ceased to be used for a purpose for which the original development was intended.
(Added by Stats. 1983, Ch. 670, Sec. 1.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 2.7 - Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses › Section 1228.

1228. This article shall be known and may be cited as the Water Rights Permitting Reform Act of 1988.
(Added by Stats. 1988, Ch. 1040, Sec. 1.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 2.7 - Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses › Section 1228.1.

1228.1. (a) The Legislature finds and declares that it is in the public interest to provide a timely, efficient, and economic procedure for the acquisition of rights to appropriate water for a small domestic use, including incidental stock watering and irrigation uses, a small irrigation use, and for a livestock stockpond subject to prior rights.
(b) As used in this article:
(1) “Small domestic use” means a domestic use, as that use is defined by board rule, or a use for aesthetic, fire protection, recreational, or fish and wildlife purposes that is associated with a dwelling or other facility for human occupation, that does not exceed direct diversion of 4,500 gallons per day or diversion to storage of 10 acre-feet per year.
(2) “Small irrigation use” means either of the following:
(A) An irrigation use, heat control use, or frost protection use, not to exceed diversion to storage of 20 acre-feet per year, including impoundment for incidental aesthetic, fire protection, recreational, or fish and wildlife purposes.
(B) An irrigation use not to exceed direct diversion of 42,000 gallons per day, up to a maximum of 20 acre-feet per year.
(3) “Livestock stockpond” means a water impoundment structure constructed for livestock watering use not to exceed direct diversion of 4,500 gallons per day, or diversion to storage of 10 acre-feet per year, as that use is defined by the board, and including impoundment for incidental aesthetic, fire protection, recreational, or fish and wildlife purposes.
(Amended by Stats. 2015, Ch. 683, Sec. 45. (SB 798) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 2.7 - Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses › Section 1228.3.

1228.3. (a) Registration of water use pursuant to this article shall be made upon a form prescribed by the board. The registration form shall set forth all of the following:
(1) The name and post office address of the registrant.
(2) The source of water supply.
(3) The nature and amount of the proposed use.
(4) The proposed place of diversion.
(5) The place where it is intended to use the water.
(6) The time for completion of construction of diversion works and for complete application of the water to the proposed use.
(7) A certification that the registrant has contacted a representative of the Department of Fish and Wildlife designated by that department for that purpose, has provided information to that department that is set forth in the registration form, and has agreed to comply with all lawful conditions, including, but not limited to, conditions upon the construction and operation of diversion works, required by the Department of Fish and Wildlife. The certification shall include a copy of any conditions required by the Department of Fish and Wildlife pursuant to this paragraph.
(8) Any other information that may reasonably be required by the board.
(b) Registration of water use shall be deemed completed on the date that the form, executed in substantial compliance with the requirements of this section, and the registration fee specified in Section 1525 are received by the board.
(c) The board shall issue monthly a list of registrations filed under this article during the preceding calendar month. This list shall contain the information required by paragraphs (1) to (6), inclusive, of subdivision (a). The list shall set forth a date prior to which an interested person may file a written protest in opposition to the approval of a stockpond registration. That date shall be not later than 30 days from the date on which the list is issued. The board shall mail the monthly list of registrations filed to a person who requests the list.
(d) Prior to the date set forth on the list required under subdivision (c), an interested person may file with the board a written protest in opposition to the approval of a stockpond registration. The protest shall clearly set forth the protestant’s objections to the registered use based on interference with prior rights. The protest shall be served on the registrant by the protestant by mailing a duplicate copy of the protest to the registrant, or through service undertaken in another manner determined to be adequate by the board. The procedures set forth in Article 1.5 (commencing with Section 1345) of Chapter 5 shall be used for reviewing a protested registration.
(Amended by Stats. 2015, Ch. 683, Sec. 47. (SB 798) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 2.7 - Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses › Section 1228.4.

1228.4. (a) Any completed registration of water use gives to the registrant a priority of right as of the date of completed registration to take and use the amount of water ultimately applied with due diligence to reasonable and beneficial use thereunder, which amount shall not exceed the amount of proposed use as shown on the registration form.
(b) Any right obtained pursuant to this article shall remain in effect unless and until any of the following occur:
(1) The right is forfeited for nonuse pursuant to Section 1241, or abandoned.
(2) The right is revoked because the registrant knowingly made any false statement, or knowingly concealed any material fact, in the registration.
(3) The right is revoked for failure to renew the registration as provided in this article.
(4) The right is revoked pursuant to subdivision (c) of Section 1228.6.
(Added by Stats. 1988, Ch. 1040, Sec. 1.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 2.7 - Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses › Section 1228.5.

1228.5. (a) Registration of a small domestic, small irrigation, or livestock stockpond use pursuant to this article shall be renewed prior to the expiration of each five-year period following completed registration.
(b) Renewal of registration shall be made upon a form prescribed by the board and shall contain a report of water use made pursuant to the registration as may be required by the board.
(c) The conditions established by the board pursuant to Section 1228.6 that are in effect at the time of renewal of registration shall supersede the conditions that were applicable to the original completed registration.
(d) Failure to renew registration in substantial compliance with the reporting requirements prescribed by the board within the time period specified in subdivision (a), or to pay the renewal fee specified in Section 1525, shall result by operation of law in the revocation of any right acquired pursuant to this article.
(Amended by Stats. 2011, Ch. 579, Sec. 4. (AB 964) Effective January 1, 2012.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 2.7 - Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses › Section 1228.6.

1228.6. (a) The board shall establish, and may from time to time revise, reasonable general conditions to which all appropriations made pursuant to this article shall be subject. The conditions shall include, but shall not be limited to, the following:
(1) The appropriation is subject to prior rights.
(2) All conditions lawfully required by the Department of Fish and Wildlife are conditions upon the appropriations.
(3) Diversion works shall be constructed and water applied to beneficial use with due diligence.
(4) Registration shall be renewed and water use reported pursuant to law and to the rules of the board.
(b) Immediately upon registration pursuant to Section 1228.3, renewal of registration pursuant to Section 1228.5, or amended registration pursuant to Section 1228.7, the board shall provide the registrant with a written document setting forth the conditions required by this section, and the perfection and exercise of rights acquired pursuant to this article shall at all times be subject to those conditions.
(c) The conditions required by this section shall be deemed “terms and conditions” within the meaning of Section 1825 and the expression of legislative intent contained in that section shall be applicable thereto. The authority of the board to enforce the terms and conditions of permits and licenses to appropriate water, and to prevent the unlawful diversion of water, including, but not limited to, provisions regarding cease and desist orders and the revocation of permits and licenses, shall be applicable to appropriations initiated or perfected pursuant to this article.
(Amended by Stats. 2015, Ch. 683, Sec. 48. (SB 798) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 2.7 - Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses › Section 1228.7.

1228.7. (a) A registrant may change the point of diversion or place of use by delivering to the board an amended registration form in accordance with Section 1228.3, including payment of the registration fee specified in Section 1525, except that the purpose of the use shall not be changed and the change shall not operate to the injury of any legal user of the water involved.
(b) A completed amended registration of water use continues in effect the priority of right as of the date of the original completed registration.
(c) All provisions of this article regarding appropriations made pursuant thereto, including, but not limited to, provisions regarding enforcement, are applicable to the appropriation as described in the completed amended registration, except that the conditions established by the board pursuant to Section 1228.6 that are in effect at the time of completion of the amended registration shall supersede the conditions that were applicable to the original completed registration.
(Amended by Stats. 2010, Ch. 288, Sec. 9. (SB 1169) Effective January 1, 2011.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 2.7 - Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses › Section 1229.

1229. (a) The board is not required to adopt general conditions for small irrigation use pursuant to subdivision (a) of Section 1228.6 until the board determines that funds are available for that purpose.
(b) A registration for small irrigation use pursuant to this article is not authorized until the board establishes general conditions for small irrigation use pursuant to subdivision (a) of Section 1228.6 to protect instream beneficial uses.
(c) The board may establish general conditions for some methods of diversion or categories of small irrigation use before establishing general conditions for other methods or categories, in which case a registration for small irrigation use is authorized only for those methods or categories for which the board has established the general conditions for the protection of instream beneficial uses.
(Amended by Stats. 2015, Ch. 683, Sec. 49. (SB 798) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 2.7 - Registration of Appropriations for Small Domestic, Small Irrigation, and Livestock Stockpond Uses › Section 1229.1.

1229.1. (a) This article does not apply to those stream segments for which the Director of Fish and Wildlife establishes proposed streamflow requirements pursuant to Section 10002 of the Public Resources Code, notwithstanding the July 1, 1989, deadline for preparation of the requirements.
(b) Notwithstanding subdivision (a), this article applies to a registration filed before the Director of Fish and Wildlife establishes proposed streamflow requirements for the source of water supply for the registration. The conditions for renewal under subdivision (c) of Section 1228.5 may include any conditions the Department of Fish and Wildlife determines to be necessary to protect stream-related fish and wildlife resources on a source of water supply for which the Director of Fish and Wildlife has established proposed streamflow requirements pursuant to Section 10002 of the Public Resources Code.
(Amended by Stats. 2015, Ch. 683, Sec. 50. (SB 798) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 3 - Appropriation from Interstate Streams › Section 1230.

1230. If the waters of an interstate body of water have been allocated between California and another state or Indian tribe by a compact, United States Supreme Court decree, or other appropriate method of allocating interstate waters, the board shall exercise its authority under this division in a manner consistent with the rights and responsibilities of the State of California under that interstate allocation and Section 1231 does not apply to the extent it is inconsistent with that interstate allocation.
(Repealed and added by Stats. 2014, Ch. 274, Sec. 3. (AB 2759) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 3 - Appropriation from Interstate Streams › Section 1231.

1231. (a) A right of appropriation from a stream that flows across the state boundary that has the point of diversion and the place of use in another state and is recognized by the laws of that state shall have the same force and effect as if the point of diversion and the place of use were in this State if the laws of that state give like force and effect to similar rights acquired in this State.
(b) Subdivision (a) does not apply to interstate lakes, or streams flowing in or out of those lakes. Subdivision (a) applies where an appropriation or change in point of diversion, place of use, or purpose of use is proposed or made under either of the following:
(1) A right to the use of waters from the Truckee River if the appropriation or change is made pursuant to the operating agreement described in Section 205(a) of Public Law 101-618.
(2) A right to the use of waters from the Walker River and its tributaries if the appropriation or change is not inconsistent with the decree entered in United States v. Walker River Irrigation District, et. al. United States District Court for the District of Nevada Equity No. C-125, filed April 15, 1936, including any amendments to that decree entered before or after January 1, 2015.
(Amended by Stats. 2014, Ch. 274, Sec. 4. (AB 2759) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 4 - Beneficial Use › Section 1240.

1240. The appropriation must be for some useful or beneficial purpose, and when the appropriator or his successor in interest ceases to use it for such a purpose the right ceases.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 4 - Beneficial Use › Section 1241.

1241. If the person entitled to the use of water fails to use beneficially all or any part of the water claimed by him or her, for which a right of use has vested, for the purpose for which it was appropriated or adjudicated, for a period of five years, that unused water may revert to the public and shall, if reverted, be regarded as unappropriated public water. That reversion shall occur upon a finding by the board following notice to the permittee, licensee, or person holding a livestock stockpond certificate or small domestic use, small irrigation use, or livestock stockpond use registration under this part and a public hearing if requested by the permittee, licensee, certificate holder, or registration holder.
(Amended by Stats. 2011, Ch. 579, Sec. 8. (AB 964) Effective January 1, 2012.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 4 - Beneficial Use › Section 1241.6.

1241.6. If water appropriated for irrigation purposes is not used by reason of compliance with crop control or soil conservation contracts with the United States, and in other cases of hardship as the board may by rule prescribe, the five-year forfeiture period applicable to water appropriated pursuant to the Water Commission Act or this code, and the forfeiture period applicable to water appropriated prior to December 19, 1914, shall be extended by an additional period of not more than 10 years or the duration of any crop control or soil conservation contracts with the United States if less than 10 years.
(Amended by Stats. 2010, Ch. 288, Sec. 12. (SB 1169) Effective January 1, 2011.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 4 - Beneficial Use › Section 1242.

1242. The storing of water underground, including the diversion of streams and the flowing of water on lands necessary to the accomplishment of such storage, constitutes a beneficial use of water if the water so stored is thereafter applied to the beneficial purposes for which the appropriation for storage was made.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 4 - Beneficial Use › Section 1242.2.

1242.2. (a) The board shall post on its internet website all reports received pursuant to Section 1242.1.
(b) On an annual basis, until January 1, 2029, the board shall compile information on the reports it receives pursuant to subdivision (g) of Section 1242.1 to identify the number of projects, estimated amount of water diverted and recharged, and locations of recharge projects implemented under this section and post this information on its internet website. The board may include recommendations to increase the amount of water diverted for recharge while protecting groundwater quality, public safety, and fish and wildlife resources in this annual report.
(Added by Stats. 2023, Ch. 51, Sec. 26. (SB 122) Effective July 10, 2023.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 4 - Beneficial Use › Section 1242.3.

1242.3. (a) The Legislature finds and declares as follows:
(1) California’s central valley has one of the highest flood risks in the United States. Recognizing this risk and in response to the Court of Appeal decision in Paterno v. State of California (2003) 113 Cal. App.4th 998, in 2007, the Legislature enacted the Central Valley Flood Protection Act of 2008, which along with other provisions requires the projected impacts of climate change on the State Plan of Flood Control to be included the Central Valley Flood Protection Plan and each five-year update to the Central Valley Flood Protection Plan.
(2) According to the 2022 Update of the Central Valley Flood Protection Plan, by 2072, climate change is predicted to increase peak floodflows up to five times in the central valley compared to past recorded events, and the anticipated peak flows by 2072 will only exacerbate this risk unless urgent action is taken. Climate change science predicts that atmospheric rivers will become stronger and wetter, increasing their potential to cause catastrophic events that could overwhelm many parts of the current flood system, if improvements and other strategies are not implemented.
(3) The Legislature enacts Section 1242.1, as applied in the Sacramento and San Joaquin watersheds, with the intention of adapting the State Plan of Flood Control to continuing climate change with a reasonable plan for quickly reducing the level of floodflows by diverting water, where feasible, to lands adjacent to watercourses and state-federal levees for recharging groundwater.
(4) Given rapidly changing hydrologic conditions, Section 1242.1 establishes a reasonable plan for reducing risk of flood damages to lands within the State Plan of Flood Control. Risk of flooding may remain and may be incidental to the actions authorized by Section 1242.1, but the state is acting to reduce that risk.
(b) The state shall not be liable for flood damages related to actions authorized by Section 1242.1.
(Added by Stats. 2023, Ch. 51, Sec. 27. (SB 122) Effective July 10, 2023.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 4 - Beneficial Use › Section 1242.5.

1242.5. The board, subject to the provisions of Section 100 and whenever it is in the public interest, may approve appropriation by storage of water to be released for the purpose of protecting or enhancing the quality of other waters which are put to beneficial uses.
(Added by Stats. 1969, Ch. 482.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 4 - Beneficial Use › Section 1243.

1243. (a) The use of water for recreation and preservation and enhancement of fish and wildlife resources is a beneficial use of water. In determining the amount of water available for appropriation for other beneficial uses, the board shall take into account, when it is in the public interest, the amounts of water required for recreation and the preservation and enhancement of fish and wildlife resources.
(b) The board shall notify the Department of Fish and Wildlife of an application for a permit to appropriate water. The Department of Fish and Wildlife shall recommend the amounts of water, if any, required for the preservation and enhancement of fish and wildlife resources and shall report its findings to the board.
(c) This section does not affect riparian rights.
(Amended by Stats. 2015, Ch. 683, Sec. 51. (SB 798) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 4 - Beneficial Use › Section 1243.5.

1243.5. In determining the amount of water available for appropriation, the board shall take into account, whenever it is in the public interest, the amounts of water needed to remain in the source for protection of beneficial uses, including any uses specified to be protected in any relevant water quality control plan established pursuant to Division 7 (commencing with Section 13000) of this code.
This section shall not be construed to affect riparian rights.
(Added by Stats. 1969, Ch. 482.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 4 - Beneficial Use › Section 1244.

1244. The sale, lease, exchange, or transfer of water or water rights, in itself, shall not constitute evidence of waste or unreasonable use, unreasonable method of use, or unreasonable method of diversion and shall not affect any determination of forfeiture applicable to water appropriated pursuant to the Water Commmission Act or this code or water appropriated prior to December 19, 1914.
This section does not constitute a change in, but is declaratory of, existing law.
(Added by Stats. 1980, Ch. 933, Sec. 6.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 5 - Liability Within a Watershed › Section 1245.

1245. Every municipal corporation of this State, and every person, firm or corporation engaged in supplying water to any municipal corporations for municipal, domestic or other uses, who enters any watershed, or any lands, streams or waters in the watershed for the purpose of acquiring or increasing a water supply for such purpose, or for the purpose of taking, diverting or transporting water for use by or in a municipal corporation, or for the purpose of supplying the needs of any municipal corporation, or its inhabitants, with water for the enumerated uses, shall be liable to all persons, firms and corporations, their heirs, representatives and successors, and to municipal corporations, districts and political subdivisions of this State whose property, business, trade, profession or occupation is within or conducted or carried on within the watershed entered, for all damage suffered or sustained by them either directly or indirectly because of injury, damage, destruction or decrease in value of any such property, business, trade, profession or occupation resulting from or caused by the taking of any such lands or waters, or by the taking, diverting or transporting of water from such watershed to and for use by or in any such municipal corporation.
(Added by Stats. 1955, Ch. 49.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 5 - Liability Within a Watershed › Section 1246.

1246. For the purpose of ascertaining the amount of any damage claimed to have been suffered or sustained by reason of any of the acts or things mentioned in Section 1245, every municipal corporation and every person, firm or corporation causing any such damage, is authorized to enter into an agreement for the arbitration or compromise of any claims, and all of the laws of this State relating to arbitration of controversies are made applicable to such claims.
(Added by Stats. 1955, Ch. 49.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 5 - Liability Within a Watershed › Section 1247.

1247. Nothing in this article shall confer the right to recover damages resulting directly or indirectly by reason of the construction, operation or maintenance of any conduit, pipe line, canal, ditch, aqueduct, reservoir, power transmission line or power house.
(Added by Stats. 1955, Ch. 49.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 1 - General Provisions › Section 1250.

1250. The board shall consider and act upon all applications for permits to appropriate water and shall do all things required or proper relating to such applications.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 1 - General Provisions › Section 1250.5.

1250.5. The board shall consider and act upon all applications for permits to appropriate water which propose, as a primary purpose of the application, the development of small hydroelectric energy facilities at an existing dam, canal, or conduit, up to and including 30 megawatts, or the development of any other hydroelectric facility with a generating capacity of five megawatts or less, within one year from the date a complete application and an instream beneficial use assessment have been filed with the board, except that the assessment need not be filed if the streamflow regime will not be changed, and except that final board action may be continued for a reasonable time not to exceed one year upon the request of the applicant or upon a finding by the board that the additional time is necessary to determine (1) if unappropriated water is available or (2) the effect upon instream uses.
(Added by Stats. 1982, Ch. 1482, Sec. 2. Effective September 28, 1982.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 1 - General Provisions › Section 1251.

1251. The board shall make such investigations of the water resources of the State as may be necessary for the purpose of securing information needed in connection with applications for appropriations of water.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 1 - General Provisions › Section 1252.

1252. Any person may apply for and secure from the board, in conformity with this part and in conformity with reasonable rules and regulations adopted from time to time by it, a permit for any unappropriated water.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 1 - General Provisions › Section 1252.1.

1252.1. An appropriation of water of any stream or other source of water under this part does not confer authority upon the appropriator to prevent or interfere with soil conservation practices above the point of diversion in the watershed in which such stream or other source originates, which practices do not themselves constitute an appropriation for which a permit is required by this part.
(Added by Stats. 1953, Ch. 1378.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 1 - General Provisions › Section 1252.5.

1252.5. All rights and privileges conferred by this part upon any person in relation to the appropriation of water are likewise conferred upon the United States, the State, and any entity or organization capable of holding an interest in real property in this State.
(Added by Stats. 1943, Ch. 423.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 1 - General Provisions › Section 1253.

1253. The board shall allow the appropriation for beneficial purposes of unappropriated water under such terms and conditions as in its judgment will best develop, conserve, and utilize in the public interest the water sought to be appropriated.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 1 - General Provisions › Section 1254.

1254. In acting upon applications to appropriate water the board shall be guided by the policy that domestic use is the highest use and irrigation is the next highest use of water.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 1 - General Provisions › Section 1255.

1255. The board shall reject an application when in its judgment the proposed appropriation would not best conserve the public interest.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 1 - General Provisions › Section 1256.

1256. In determining public interest under Sections 1253 and 1255, the board shall give consideration to any general or co-ordinated plan looking toward the control, protection, development, utilization, and conservation of the water resources of the State, including The California Water Plan, prepared and published by the Department of Water Resources or any predecessor thereof and any modification thereto as may be adopted by the department or as may be adopted by the Legislature by concurrent resolution or by law.
(Amended by Stats. 1959, Ch. 2053.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 1 - General Provisions › Section 1257.

1257. In acting upon application to appropriate water, the board shall consider the relative benefit to be derived from (1) all beneficial uses of the water concerned including, but not limited to, use for domestic, irrigation, municipal, industrial, preservation and enhancement of fish and wildlife, recreational, mining and power purposes, and any uses specified to be protected in any relevant water quality control plan, and (2) the reuse or reclamation of the water sought to be appropriated, as proposed by the applicant. The board may subject such appropriations to such terms and conditions as in its judgment will best develop, conserve, and utilize in the public interest, the water sought to be appropriated.
(Amended by Stats. 1970, Ch. 157.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 1 - General Provisions › Section 1257.5.

1257.5. The board, in acting on applications to appropriate water, shall consider streamflow requirements proposed for fish and wildlife purposes pursuant to Sections 10001 and 10002 of the Public Resources Code. The board may establish such streamflow requirements as it deems necessary to protect fish and wildlife as conditions in permits and licenses in accordance with this division.
(Added by Stats. 1985, Ch. 1259, Sec. 4.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 1 - General Provisions › Section 1258.

1258. In acting upon applications to appropriate water, the board shall consider water quality control plans which have been established pursuant to Division 7 (commencing with Section 13000) of this code, and may subject such appropriations to such terms and conditions as it finds are necessary to carry out such plans.
(Amended by Stats. 1969, Ch. 482.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 1 - General Provisions › Section 1259.

1259. In acting upon applications to appropriate water, the board shall consider the state goal of providing a decent home and suitable living environment for every Californian.
(Added by Stats. 1979, Ch. 947.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 1 - General Provisions › Section 1259.2.

1259.2. (a) The board shall annually prepare a written summary, in chart form, of pending applications to appropriate water in the Counties of Marin, Napa, Sonoma, Mendocino, and Humboldt. The summary shall include a description of the status of each pending application, the actions taken in the preceding year, proposed actions for the upcoming year, and the proposed date for final action with regard to that application.
(b) For the purposes of carrying out subdivision (a), the board may post the information described in subdivision (a) on its Web site.
(Added by Stats. 2004, Ch. 943, Sec. 2. Effective January 1, 2005.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 1 - General Provisions › Section 1259.4.

1259.4. (a) (1) On or before January 1, 2008, the board shall adopt principles and guidelines for maintaining instream flows in coastal streams from the Mattole River to San Francisco and in coastal streams entering northern San Pablo Bay, as part of state policy for water quality control adopted pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7, for the purposes of water right administration.
(2) The board may adopt principles and guidelines for maintaining instream flows not described in paragraph (1), as part of state policy for water quality control adopted pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7, for the purposes of water right administration.
(b) Prior to the adoption of principles and guidelines pursuant to subdivision (a), the board may consider the 2002 “Guidelines for Maintaining Instream Flows to Protect Fisheries Resources Downstream of Water Diversions in Mid-California Coastal Streams” for the purposes of water right administration.
(Amended by Stats. 2005, Ch. 81, Sec. 7. Effective July 19, 2005.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 1 - General Provisions › Section 1259.6.

1259.6. (a) (1) The board shall develop and adopt regulations to govern consideration of climate change effects in water availability analyses used in the board’s review of applications for water rights permits. The board, in developing and adopting the regulations, shall consider the effects of climate change upon watershed hydrology. The effects considered shall include, but are not limited to, drought extremes, floods, and groundwater-surface water interactions.
(2) This section does not limit any authority held by the board under this code or any other law, including, but not limited to, the authority of the board to require applicants for water right permits to submit information pursuant to Section 1260 or 1275.
(3) In developing the regulations, the board shall consider the feasibility of accurately assessing the effects of climate change on watershed hydrology.
(b) In preparing the regulations pursuant to subdivision (a), the board shall consult with the Department of Water Resources, the Department of Fish and Wildlife, qualified hydrologists and climate change scientists, potential applicants, and other interested parties.
(c) This section does not limit the board’s authority to accept or process applications before the regulations required under this section are adopted. The board shall not refuse to accept or delay processing or approval of an application on the grounds that the regulations have not yet been adopted.
(Added by Stats. 2022, Ch. 369, Sec. 1. (SB 1205) Effective January 1, 2023.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 2 - Contents of Applications › Section 1260.

1260. An application for a permit to appropriate water shall set forth all of the following:
(a) The name and post office address of the applicant.
(b) The source of water supply.
(c) The nature and amount of the proposed use.
(d) The location and description of the proposed headworks, ditch canal, and other works.
(e) The proposed place of diversion.
(f) The place where it is intended to use the water.
(g) The time within which it is proposed to begin construction.
(h) The time required for completion of the construction.
(i) The time for the complete application of the water to the proposed use.
(j) All data and information reasonably available to applicant or that can be obtained from the Department of Fish and Wildlife concerning the extent, if any, to which fish and wildlife would be affected by the appropriation, and a statement of any measures proposed to be taken for the protection of fish and wildlife in connection with the appropriation.
(k) Sufficient information to demonstrate a reasonable likelihood that unappropriated water is available for the proposed appropriation.
(Amended by Stats. 2015, Ch. 683, Sec. 52. (SB 798) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 2 - Contents of Applications › Section 1261.

1261. All applications shall be accompanied by as many copies of such maps, drawings, and other data as may be prescribed or required by the board, and such maps, drawings, and other data are part of the application.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 2 - Contents of Applications › Section 1262.

1262. If for agricultural purposes the application shall give the legal subdivisions of the land and the acreage to be irrigated, as near as may be.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 2 - Contents of Applications › Section 1263.

1263. If for power purposes the application shall state the nature of the works by means of which the power is to be developed, the head and amount of water to be utilized, and the use to which the power is to be applied.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 2 - Contents of Applications › Section 1264.

1264. If for municipal water supply the application shall state the present population to be served, and, as near as may be, the future requirements of the city.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 2 - Contents of Applications › Section 1265.

1265. If for mining purposes the application shall state the nature and location of the mines to be served and the methods of supplying and utilizing the water.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 2 - Contents of Applications › Section 1266.

1266. If for storage in a reservoir the application shall state the height of dam, the capacity of reservoir, and the use to be made of the impounded waters, except that for storage underground these additional requirements as to height of dam and capacity of reservoir shall be given as near as may be.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 3 - Defective Applications › Section 1270.

1270. A defective application made in a bona fide attempt to conform to the rules and regulations of the board and to the law secures to the applicant a priority of right as of the date of the application until he or she is notified in what respect his application is defective, and the applicant shall be allowed 60 days after notice of the defect, or any additional period of time that the board agrees to, in which to file an amended and perfected application.
(Amended by Stats. 1997, Ch. 323, Sec. 3. Effective January 1, 1998.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 3 - Defective Applications › Section 1270.5.

1270.5. The board, by January 1, 2025, shall update its online search tool for funding applications to include, at a minimum, all of the following information:
(a) A description of the additional information the board requires from a water system to continue processing the water system’s application.
(b) The date the board requested the water system to provide additional information.
(c) The cause of any prolonged delays in the process.
(d) A description of the typical steps that must be completed before a funding agreement can be executed after receipt of a complete application.
(Added by Stats. 2023, Ch. 340, Sec. 1. (AB 682) Effective January 1, 2024.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 3 - Defective Applications › Section 1271.

1271. If, within the period provided, the applicant does not file an amended and perfected application, the application shall be rejected and canceled, unless for good cause shown the board allows the applicant to file a further amended and perfected application.
(Amended by Stats. 1997, Ch. 323, Sec. 4. Effective January 1, 1998.)