reglab/statecodes huggingface dataset:
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Witnesses and Production of Evidence › ARTICLE 2 - Attendance and Fees › Section 1084.

1084. If the witness demands the fees to which he is entitled at the time of service and they are not at that time paid or tendered he shall not be required to attend as directed in the subpena.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Witnesses and Production of Evidence › ARTICLE 2 - Attendance and Fees › Section 1085.

1085. All fees and mileage to which any witness is entitled under the provisions of this chapter may be collected by action therefor instituted by the person to whom they are payable.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Witnesses and Production of Evidence › ARTICLE 2 - Attendance and Fees › Section 1086.

1086. No witness shall be compelled to attend as a witness before the board under this division out of the county in which he resides, unless the distance is less than 150 miles from his place of residence to the place of hearing, except that the board, upon affidavit of any party showing that the testimony of such witness is material and necessary, may indorse on the subpoena an order requiring the attendance of such witness.
(Amended by Stats. 1959, Ch. 667.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Witnesses and Production of Evidence › ARTICLE 3 - Compelling Attendance › Section 1090.

1090. The superior court of the county in which any proceeding is held by the board may compel the attendance and giving of testimony by witnesses and the production of evidence as required by any subpena issued by the board.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Witnesses and Production of Evidence › ARTICLE 3 - Compelling Attendance › Section 1091.

1091. In case of the refusal of any witness to attend or testify or produce any evidence required by a subpena issued by it, the board may report by petition to the superior court in and for the county in which the proceeding is pending.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Witnesses and Production of Evidence › ARTICLE 3 - Compelling Attendance › Section 1092.

1092. The petition shall set forth the following:
(a) That due notice has been given of the time and place of attendance of the witness or for the production of evidence and that the witness has been summoned in the manner prescribed in this chapter.
(b) That the witness has failed and refused to attend or produce the evidence required by the subpena before the board in the proceeding named in the notice and subpena, or has refused to answer questions propounded to him in the course of the proceeding.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Witnesses and Production of Evidence › ARTICLE 3 - Compelling Attendance › Section 1093.

1093. The petition shall ask an order of court compelling the witness to attend, testify, and produce the evidence before the board.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Witnesses and Production of Evidence › ARTICLE 3 - Compelling Attendance › Section 1094.

1094. The court, upon the petition of the board, shall enter an order directing the witness to appear before the court at a time and place fixed by the court in the order and not more than 10 days from the date of the order, and then and there show cause, if any he have, why he refused to obey the subpena, or refused to answer questions propounded to him by the board, or neglected, failed, or refused to produce before the board the evidence called for in the subpena.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Witnesses and Production of Evidence › ARTICLE 3 - Compelling Attendance › Section 1096.

1096. If it appears to the court that the subpena was regularly issued, the court shall thereupon enter an order that the witness appear before the board at the time and place fixed in the order and testify or produce the required evidence or both testify and produce.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Witnesses and Production of Evidence › ARTICLE 3 - Compelling Attendance › Section 1097.

1097. Upon failure to obey the order the witness shall be dealt with as for contempt of court.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Witnesses and Production of Evidence › ARTICLE 4 - Depositions › Section 1100.

1100. The board or any party to a proceeding before it may, in any investigation or hearing, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for depositions in civil actions in the superior courts of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure.
(Amended by Stats. 2004, Ch. 182, Sec. 60. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Witnesses and Production of Evidence › ARTICLE 5 - Immunity › Section 1105.

1105. (a) Except as provided in subdivision (c), no person shall be excused from testifying or from producing any evidence in any investigation or inquiry by or hearing before the board upon the ground that the testimony or evidence required of him or her may tend to incriminate him or her or subject him or her to any penalty.
(b) The board may grant immunity to any person who is compelled to testify or to produce documentary evidence before the board and who invokes the privilege against self-incrimination.
(c) If the board does not grant immunity after a person invokes the privilege against self-incrimination, the board shall excuse the person from giving any testimony or producing any evidence to which the privilege against self-incrimination applies, and the board shall dismiss, continue, or limit the scope of the proceedings as necessary to ensure that the unavailability of the testimony or evidence does not deny due process of law to any party.
(Amended by Stats. 1994, Ch. 45, Sec. 1. Effective January 1, 1995.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Witnesses and Production of Evidence › ARTICLE 5 - Immunity › Section 1106.

1106. No person who is granted immunity under subdivision (b) of Section 1105 shall be criminally prosecuted or be subjected to any criminal penalty for or on account of any act, transaction, matter, or thing material to the matter under investigation by the board concerning which he or she has been compelled as a witness to testify or to produce documentary evidence pursuant to the granting of immunity; but no person so testifying or producing shall be exempt from prosecution and punishment for any perjury committed by him or her in that testimony.
(Amended by Stats. 1994, Ch. 45, Sec. 2. Effective January 1, 1995.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - State Water Resources Control Board Administrative Hearings Office › Section 1110.

1110. (a) There is within the board an Administrative Hearings Office. The board shall administer the Administrative Hearings Office as an independent organizational unit consistent with the role of the Administrative Hearings Office as a neutral, fair, and efficient forum for adjudications. The Administrative Hearings Office shall be overseen by a presiding hearing officer.
(b) The purpose of the Administrative Hearings Office is to provide qualified, impartial hearing officers, to ensure that water rights matters, including water-related cannabis enforcement matters, are resolved in a timely manner, and to provide the board flexibility to assign hearing officers to other matters, such as those involving water right change petitions and other matters concerning water right permits and licenses.
(c) The Administrative Hearings Office shall conduct adjudicative hearings pursuant to this chapter in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code. Except as otherwise provided in Section 1113 or the regulations of the board, this section does not limit the discretion of the board where Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code makes the applicability of a procedure or requirement discretionary.
(Added by Stats. 2018, Ch. 668, Sec. 1. (AB 747) Effective January 1, 2019. Operative July 1, 2019, pursuant to Section 2 of Stats. 2018, Ch. 668.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - State Water Resources Control Board Administrative Hearings Office › Section 1111.

1111. (a) The Administrative Hearings Office shall include attorneys qualified to act as hearing officers in adjudicative proceedings involving water rights matters. The hearing officers shall have qualifications equivalent to those of administrative law judges and knowledge and experience in water law.
(b) The board shall designate a hearing officer to serve as the presiding hearing officer.
(c) The presiding hearing officer shall have authority to supervise the Administrative Hearings Office, including, but not limited to, the authority to do all of the following:
(1) Hire personnel, including technical experts.
(2) Assign matters to hearing officers.
(3) Reassign matters as convenience and necessity require.
(4) Serve as a hearing officer.
(Amended by Stats. 2019, Ch. 497, Sec. 282. (AB 991) Effective January 1, 2020. Operative July 1, 2019, pursuant to Section 2 of Stats. 2018, Ch. 668.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - State Water Resources Control Board Administrative Hearings Office › Section 1112.

1112. (a) Except as provided in subdivision (b), a hearing officer from the Administrative Hearings Office shall preside over a hearing in any of the following matters:
(1) A complaint issued under Section 1055.
(2) A notice of a proposed cease and desist order issued under Section 1834.
(3) A notice of a revocation of a permit issued under Section 1410 or revocation of a license issued under Section 1675.
(b) Subdivision (a) does not apply if the hearing notice includes, in addition to a proceeding under subdivision (a), consideration of a decision or order on a matter not subject to subdivision (a).
(c) In an adjudicative hearing presided over by the board or a board member, all of the following shall apply:
(1) Upon request by the board, a hearing officer from the Administrative Hearings Office shall assist the board or board member in conducting the hearing.
(2) The board may assign an adjudicative hearing, in whole or in part, to the Administrative Hearings Office.
(3) A hearing officer may perform additional work requested by the board, including, but not limited to, presiding over hearings on nonadjudicative matters, mediations, and overseeing investigations.
(d) A hearing officer may only perform the work specified in subdivision (c) if the additional work does not conflict with the officer’s primary responsibility to serve as a hearing officer for matters listed in subdivision (a) and to resolve those matters in a timely manner.
(Added by Stats. 2018, Ch. 668, Sec. 1. (AB 747) Effective January 1, 2019. Operative July 1, 2019, pursuant to Section 2 of Stats. 2018, Ch. 668.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - State Water Resources Control Board Administrative Hearings Office › Section 1113.

1113. In accordance with subdivision (c) of Section 1110, the Administrative Adjudication Code of Ethics (Article 16 (commencing with Section 11475) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) shall apply to hearing officers of the Administrative Hearings Office.
(Added by Stats. 2018, Ch. 668, Sec. 1. (AB 747) Effective January 1, 2019. Operative July 1, 2019, pursuant to Section 2 of Stats. 2018, Ch. 668.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Reconsideration, Amendment, and Judicial Review of Water Right Decisions and Orders › ARTICLE 1 - General Provisions › Section 1120.

1120. This chapter applies to any decision or order issued under this part or Section 275, Part 2 (commencing with Section 1200), Part 2 (commencing with Section 10500) of Division 6, Part 2.55 (commencing with Section 10608) of Division 6, or Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, or the public trust doctrine.
(Amended by Stats. 2018, Ch. 15, Sec. 2. (AB 1668) Effective January 1, 2019.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Reconsideration, Amendment, and Judicial Review of Water Right Decisions and Orders › ARTICLE 1 - General Provisions › Section 1121.

1121. The board shall serve a copy of a decision or order on the parties by personal delivery, certified mail, in accordance with the manner of service of a summons under Article 3 (commencing with Section 415.10) of, and Article 4 (commencing with Section 416.10) of, Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure, or by any method of physical delivery that provides a receipt. For purposes of this section, “physical delivery that provides a receipt” includes physical delivery methods that provide electronic confirmation of delivery to the intended address.
(Amended by Stats. 2023, Ch. 158, Sec. 3. (SB 756) Effective January 1, 2024.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Reconsideration, Amendment, and Judicial Review of Water Right Decisions and Orders › ARTICLE 2 - Reconsideration and Amendment of Decisions and Orders › Section 1122.

1122. The board may order a reconsideration of all or part of a decision or order on the board’s own motion or on the filing of a petition of any interested person or entity. The petition shall be filed not later than 30 days from the date the board adopts a decision or order. The authority of the board to order a reconsideration on its own motion shall expire 30 days after it has adopted a decision or order. The board shall order or deny reconsideration on a petition therefor not later than 90 days from the date the board adopts the decision or order.
(Amended by Stats. 2001, Ch. 315, Sec. 3. Effective January 1, 2002.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Reconsideration, Amendment, and Judicial Review of Water Right Decisions and Orders › ARTICLE 2 - Reconsideration and Amendment of Decisions and Orders › Section 1123.

1123. The decision or order may be reconsidered by the board on all the pertinent parts of the record and such argument as may be permitted, or a further hearing may be held, upon notice to all interested persons, for the purpose of receiving such additional evidence as the board may, for cause, allow. The decision or order on reconsideration shall have the same force and effect as an original order or decision.
(Added by Stats. 1996, Ch. 659, Sec. 2. Effective January 1, 1997.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Reconsideration, Amendment, and Judicial Review of Water Right Decisions and Orders › ARTICLE 2 - Reconsideration and Amendment of Decisions and Orders › Section 1124.

1124. The board at any time may amend or modify a decision or order to correct any obvious typographical or clerical error or oversight without the necessity of notice and a hearing thereon.
(Added by Stats. 1996, Ch. 659, Sec. 2. Effective January 1, 1997.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Reconsideration, Amendment, and Judicial Review of Water Right Decisions and Orders › ARTICLE 3 - Review by Court of Decisions and Orders › Section 1126.

1126. (a) It is the intent of the Legislature that all issues relating to state water law decided by the board be reviewed in state courts, if a party seeks judicial review. It is further the intent of the Legislature that the courts assert jurisdiction and exercise discretion to fashion appropriate remedies pursuant to Section 389 of the Code of Civil Procedure to facilitate the resolution of state water rights issues in state courts.
(b) Any party aggrieved by any decision or order may, not later than 30 days from the date of final action by the board, file a petition for a writ of mandate for review of the decision or order. Except in cases where the decision or order is issued under authority delegated to an officer or employee of the board, reconsideration before the board is not an administrative remedy that is required to be exhausted before filing a petition for writ of mandate. The time for filing the petition for writ of mandate and the time for filing an action or proceeding in which the board is a respondent under Section 21167 of the Public Resources Code shall be extended for any person who seeks reconsideration by the board pursuant to this article. The amendment of this subdivision made during the 2001 portion of the 2001–02 Regular Session does not constitute a change in, but is declaratory of, existing law.
(c) Section 1094.5 of the Code of Civil Procedure shall govern judicial proceedings under this section. For the purposes of subdivision (c) of Section 1094.5 of the Code of Civil Procedure, the court shall exercise its independent judgment on the evidence in any case involving the judicial review of a cease and desist order issued pursuant to Article 2 (commencing with Section 1831) of Chapter 12 of Part 2 of Division 2, and in any other case in which the court is authorized by law to exercise its independent judgment on the evidence.
(d) If no aggrieved party petitions for a writ of mandate within the time provided by this section, the decision or order of the board is not subject to review by any court.
(e) In any court case reviewing a decision or order by the board relating to a permit or license to appropriate water held by the state through the department or any other state agency, or to a permit or license to appropriate water held by the United States through the Bureau of Reclamation or any other federal agency, the election by the United States, or any agency thereof, not to be a party shall not, in and of itself, be the basis for dismissal pursuant to Section 389 of the Code of Civil Procedure or any other provision of law.
(Amended by Stats. 2011, Ch. 296, Sec. 312. (AB 1023) Effective January 1, 2012.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 1 - Water Subject to Appropriation › Section 1200.

1200. Whenever the terms stream, lake or other body of water, or water occurs in relation to applications to appropriate water or permits or licenses issued pursuant to such applications, such term refers only to surface water, and to subterranean streams flowing through known and definite channels.
(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 1 - Water Subject to Appropriation › Section 1201.

1201. All water flowing in any natural channel, excepting so far as it has been or is being applied to useful and beneficial purposes upon, or in so far as it is or may be reasonably needed for useful and beneficial purposes upon lands riparian thereto, or otherwise appropriated, is hereby declared to be public water of the State and subject to appropriation in accordance with the provisions of this code.
(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 1 - Water Subject to Appropriation › Section 1202.

1202. The following are hereby declared to constitute unappropriated water:
(a) All water which has never been appropriated.
(b) All water appropriated prior to December 19, 1914, which has not been in process, from the date of the initial act of appropriation, of being put, with due diligence in proportion to the magnitude of the work necessary properly to utilize it for the purpose of the appropriation, or which has not been put, or which has ceased to be put to some useful or beneficial purpose.
(c) All water appropriated pursuant to the Water Commission Act or this code which has ceased to be put to the useful or beneficial purpose for which it was appropriated, or which has been or may be or may have been appropriated and is not or has not been in the process of being put, from the date of the initial act of appropriation, to the useful or beneficial purpose for which it was appropriated, with due diligence in proportion to the magnitude of the work necessary properly to utilize it for the purpose of the appropriation.
(d) Water which having been appropriated or used flows back into a stream, lake or other body of water.
(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 1 - Water Subject to Appropriation › Section 1203.

1203. Any water the right to the use of which is held by any municipality which is in excess of the existing municipal needs therefor may be appropriated by any person entitled to the possession of land upon which such excess water may be put to beneficial use but the right of such person to use such water shall continue only for such period as the water is not needed by the municipality. This section supplements but does not otherwise affect Sections 1460 to 1464, inclusive.
(Added by Stats. 1945, Ch. 1344.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 1.3 - Declaration of Fully Appropriated Stream System › Section 1205.

1205. (a) Following notice and hearing, the board may adopt a declaration that a stream system is fully appropriated. As used in this article, “stream system” includes stream, lake, or other body of water, and tributaries and contributory sources, but does not include an underground water supply other than a subterranean stream following through known and definite channels.
(b) A declaration that a stream system is fully appropriated shall contain a finding that the supply of water in the stream system is being fully applied to beneficial uses where the board finds that previous water rights decisions have determined that no water remains available for appropriation.
(c) Upon its own motion or upon petition of any interested person, and following notice and hearing, the board may revoke or revise a declaration that a stream system is fully appropriated.
(Added by Stats. 1987, Ch. 788, Sec. 1.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 1.3 - Declaration of Fully Appropriated Stream System › Section 1206.

1206. (a) From and after the date of adoption of a declaration that a stream system is fully appropriated, and subject to subdivision (b), the board shall not accept for filing any application for a permit to appropriate water from the stream system described in that declaration, and the board may cancel any application pending on that date.
(b) Notwithstanding subdivision (a), the board may provide, in any declaration that a stream system is fully appropriated, for acceptance for filing of applications to appropriate water under specified conditions. Any provision to that effect shall specify the conditions and may contain application limitations, including, but not limited to, limitations on the purpose of use, on the instantaneous rate of diversion, on the season of diversion, and on the amount of water which may be diverted annually. The board may make those limitations applicable to individual applications to appropriate water, or to the aggregate of the applications, or to both.
(c) Subdivision (a) shall not apply to applications for temporary permits made pursuant to Chapter 6.5 (commencing with Section 1425) or to any provision of this code respecting change in point of diversion, place of use, or purpose of use.
(Added by Stats. 1987, Ch. 788, Sec. 1.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 1.3 - Declaration of Fully Appropriated Stream System › Section 1207.

1207. Notice of hearing pursuant to this article shall be given as follows:
(a) The notice shall be published at least once a week for four consecutive weeks in one or more newspapers of general circulation published in each county in which any part of the stream system is situated, and publication shall be complete at least 60 days prior to the date of hearing.
(b) At least 60 days prior to the date of the hearing, the notice shall be mailed to all persons known to the board who own land that appears to be riparian to the stream system, who divert water from the stream system, or who have made written request to the board for special notice of hearing pursuant to this article.
(Added by Stats. 1987, Ch. 788, Sec. 1.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 1.5 - Treated Waste Water › Section 1210.

1210. The owner of a waste water treatment plant operated for the purpose of treating wastes from a sanitary sewer system shall hold the exclusive right to the treated waste water as against anyone who has supplied the water discharged into the waste water collection and treatment system, including a person using water under a water service contract, unless otherwise provided by agreement.
Nothing in this article shall affect the treatment plant owner’s obligations to any legal user of the discharged treated waste water.
Nothing in this article is intended to interfere with the regulatory authority of the board or any California regional water quality control board under Division 7 (commencing with Section 13000).
(Added by Stats. 1980, Ch. 933, Sec. 4.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 1.5 - Treated Waste Water › Section 1211.

1211. (a) Prior to making any change in the point of discharge, place of use, or purpose of use of treated wastewater, the owner of any wastewater treatment plant shall obtain approval of the board for that change. The board shall review the changes pursuant to the provisions of Chapter 10 (commencing with Section 1700) of Part 2 of Division 2.
(b) Subdivision (a) does not apply to changes in the discharge or use of treated wastewater that do not result in decreasing the flow in any portion of a watercourse.
(Amended by Stats. 2001, Ch. 315, Sec. 5. Effective January 1, 2002.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 1.5 - Treated Waste Water › Section 1212.

1212. The board shall not grant any permit or license to any person other than the treated waste water producer for the appropriation of treated waste water where the producer has introduced such water into the watercourse with the prior stated intention of maintaining or enhancing fishery, wildlife, recreational, or other instream beneficial uses. Holders of existing water rights may not use or claim such water.
(Added by Stats. 1980, Ch. 933, Sec. 4.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 1.7 - Areas of Origin › Section 1215.

1215. This article shall only apply to a water supplier exporting or intending to export water for use outside a protected area pursuant to applications to appropriate surface water filed, or groundwater appropriations initiated, after January 1, 1985, that are not subject to Section 11460.
(Added by Stats. 1984, Ch. 1655, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 1.7 - Areas of Origin › Section 1215.5.

1215.5. (a) For the purposes of this article, “protected area”, means all of lands which normally drain to the ocean, to a hydraulic sink, or to another state within any of the following, and only the following, river systems:
(1) The Sacramento River System.
(2) The Mokelumne River System.
(3) The Calaveras River System.
(4) The San Joaquin River System.
(5) The Mono Lake System.
(6) The combined Truckee, Walker, and Carson River Systems.
(7) The combined river systems which drain to the ocean from and including the Russian River System northward to the California-Oregon border.
(b) The confluences of the Sacramento, Mokelumne, Calaveras, and San Joaquin River Systems are within the delta, as defined in Section 12220, and the delta shall be considered to be within each of these protected areas.
(Added by Stats. 1984, Ch. 1655, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 1.7 - Areas of Origin › Section 1215.6.

1215.6. For the purposes of this article, “water user or users” within a protected area means an appropriator or appropriators, a riparian user or users, or a groundwater user or users of water on land owned or controlled by them within a protected area.
(Added by Stats. 1984, Ch. 1655, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 1.7 - Areas of Origin › Section 1216.

1216. A protected area shall not be deprived directly or indirectly of the prior right to all the water reasonably required to adequately supply the beneficial needs of the protected area, or any of the inhabitants or property owners therein, by a water supplier exporting or intending to export water for use outside a protected area pursuant to applications to appropriate surface water filed, or groundwater appropriations initiated, after January 1, 1985, that are not subject to Section 11460.
(Added by Stats. 1984, Ch. 1655, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 1.7 - Areas of Origin › Section 1217.

1217. (a) In addition to the right to obtain a water right which would have priority over the rights of an exporter, water users in a protected area shall have the right to purchase, for adequate compensation, water made available by the construction of any works by a water supplier exporting or intending to export water for use outside the protected area. Nothing in this section shall be construed to authorize export of water from a protected area to which users within the protected area are otherwise entitled, nor to require users within a protected area to pay for water to which they are otherwise entitled.
(b) At the request of a water user or users within a protected area, a water supplier exporting or intending to export water for use outside the protected area who is subject to Section 1216 shall meet and negotiate in good faith for the purpose of entering into contracts for the purchase of water as provided in subdivision (a).
(c) Any water user or users in a protected area may bring an action in the superior court to require compliance with the duty to meet and negotiate in good faith pursuant to this section. The court may issue a temporary restraining order, preliminary injunction, or permanent injunction, as appropriate, to secure compliance with this section.
(d) The meetings and negotiations required by this section may occur between the water supplier exporting water for use outside a protected area and any water user or users in a protected area, as determined appropriate by the parties. The meetings and negotiations shall not be subject to the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code or Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code.
(e) Nothing in this section shall be construed as a limitation on the authority of the board to establish water quality standards or to subject water right entitlements to terms and conditions for the protection of reasonable and beneficial uses consistent with the provisions of Section 2 of Article X of the California Constitution.
(Added by Stats. 1984, Ch. 1655, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 1.7 - Areas of Origin › Section 1218.

1218. Upon the request of an applicant for a permit to appropriate water for use outside a protected area, a county of origin shall cooperate with the applicant in estimating the amount of water that may be purchased within the county pursuant to subdivision (a) of Section 1217 and that may be developed or used within the county impacting the proposed project, including an estimated time schedule.
The purpose of this section is to assist the applicant in planning the export project and to assist the counties of origin in their water planning.
(Added by Stats. 1984, Ch. 1655, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 1.7 - Areas of Origin › Section 1219.

1219. A water supplier exporting or intending to export water outside a protected area, or a water user or users within a protected area, may declare that an impasse has been reached between the parties in negotiations over matters within the scope of negotiations specified in Section 1217 and may request the director to appoint a panel of five disinterested persons from whom the parties shall select, by a process of elimination, the mediator. After drawing lots to determine the order, the parties shall each, in turn, eliminate a name from the panel until there is only one person remaining on the panel, who shall be the mediator. The mediator shall meet forthwith with the parties or their representatives, either jointly or separately, and shall take such other steps as the mediator may deem appropriate in order to persuade the parties to resolve their differences and effect a mutually acceptable agreement. The services of the mediator, including any per diem fees, and actual and necessary travel and subsistence expenses, shall be provided by the parties. Nothing in this section shall be construed to prevent the parties from mutually agreeing upon their own mediation procedure, and in the event of such agreement, the director shall not appoint a mediator.
(Added by Stats. 1984, Ch. 1655, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 1.7 - Areas of Origin › Section 1219.5.

1219.5. The provisions of this article shall not require any water supplier exporting or intending to export water for use outside a protected area to furnish to any water user or users in a protected area claiming rights under this article, without adequate compensation therefor, any water made available for domestic, municipal, industrial, or agricultural uses by the construction of any works by the water exporter.
(Added by Stats. 1984, Ch. 1655, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 1.7 - Areas of Origin › Section 1220.

1220. (a) No groundwater shall be pumped for export from within the combined Sacramento and Delta-Central Sierra Basins, as defined in the Department of Water Resources’ Bulletin 160-74, unless the pumping is in compliance with a groundwater management plan that is adopted by ordinance pursuant to subdivision (b) by the county board of supervisors, in full consultation with affected water districts, and that is subsequently approved by a vote in the counties or portions of counties that overlie the groundwater basin, except that water that has seeped into the underground from any reservoir, afterbay, or other facility of an export project may be returned to the water supply of the export project. For the purposes of this section, the county board of supervisors may designate a county water agency to act on its behalf if the directors of the county water agency are publicly elected and the county water agency encompasses the entire county. The county board of supervisors may revoke that designation by resolution at any time.
(b) Notwithstanding any other provision of law, a county board of supervisors whose county contains part of the combined Sacramento and Delta-Central Sierra Basins may adopt groundwater management plans to implement the purposes of this section.
(c) A county board of supervisors shall not exercise the powers authorized by this section within the boundaries of another local agency supplying water to that area without the prior agreement of the governing body of that other local agency.
(d) This section does not apply to groundwater pumping by the Eastern Water Alliance Joint Powers Agency for export from the Eastern San Joaquin County Basin, as described on pages 38 and 39 of the Department of Water Resources Bulletin No. 118-80, provided that the groundwater pumping is approved by San Joaquin County pursuant to its ordinances regulating the management and export of groundwater as these ordinances are in effect at the time of permit approval by San Joaquin County. Section 10753.1 applies to any groundwater regulation under this section. As used in this section, the term “groundwater” has the same definition as set forth in in subdivision (a) of Section 10752.
(Amended by Stats. 2003, Ch. 740, Sec. 5. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 1.7 - Areas of Origin › Section 1221.

1221. This article shall not be construed to authorize the board to regulate groundwater in any manner.
(Added by Stats. 1984, Ch. 1655, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 1.7 - Areas of Origin › Section 1222.

1222. Nothing in this article shall be deemed to diminish the rights and protections to watersheds of origin contained in existing law including, but not limited to, Part 4.5 (commencing with Section 12200) of Division 6.
(Added by Stats. 1984, Ch. 1655, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 2 - Exclusive Method of Appropriation › Section 1225.

1225. Except as provided in Article 2.5 (commencing with Section 1226) of this chapter, no right to appropriate or use water subject to appropriation shall be initiated or acquired except upon compliance with the provisions of this division.
(Amended by Stats. 1974, Ch. 140.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 2.5 - Stockponds › Section 1226.

1226. The Legislature finds and declares that it is necessary and beneficial to the state to clear up many heretofore uncertain conditions of water rights which are the result of a large number of dams and other water impoundment structures which have been constructed for livestock watering use, including domestic and recreational use which is incidental to livestock use; that these structures have been constructed, many at the urging of local, state and federal government, as a matter of practical necessity by the owners or users of the land on which they exist; that these structures have been built without clearly defined water rights as a result of the uncertainty of the state law and the lack of information by the owners as to proper procedures by which to obtain a water right; and that it is in the interest of the state to clarify the right to the water impounded by these structures.
(Added by Stats. 1974, Ch. 140.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 2.5 - Stockponds › Section 1226.1.

1226.1. The owner of any dam or other water impoundment structure constructed prior to January 1, 1969, the capacity of which is not in excess of 10 acre-feet on January 1, 1975, and concerning which water rights litigation between private parties was not a matter of record prior to January 1, 1974, is declared to have a valid water right for the use of the water for purposes as specified in Section 1226, if that person files a claim of water right with the board not later than December 31, 1997. All permits or licenses issued by the board prior to the effective date of this article shall have priority over any water right claimed pursuant to this article.
(Amended by Stats. 1996, Ch. 667, Sec. 4. Effective September 20, 1996.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 2.5 - Stockponds › Section 1226.2.

1226.2. (a) Any person who has a valid water right pursuant to Section 1226.1, who files a claim of water right with the board on or before December 31, 1977, has a water right priority as of the date of the construction of the dam or other water impoundment structure.
(b) Any person who has a valid water right pursuant to Section 1226.1, who files a claim of water right with the board after December 31, 1977, and before January 1, 1998, has a water right priority as of the date of filing.
(Amended by Stats. 1996, Ch. 667, Sec. 5. Effective September 20, 1996.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 2.5 - Stockponds › Section 1226.3.

1226.3. Each claim of water right shall be accompanied by a fee which shall be in an amount determined by the board to cover the reasonable administrative costs of processing the claim. If the claimant establishes a water right pursuant to this article, the board shall issue a certificate of the validity of the water right to the claimant as expeditiously as practicable.
(Amended by Stats. 1996, Ch. 667, Sec. 6. Effective September 20, 1996.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 1 - General Provisions › ARTICLE 2.5 - Stockponds › Section 1226.4.

1226.4. The board may, after notice and hearing, revoke any certificate of a water right granted pursuant to this article upon a finding that the water has ceased to be used for the purposes specified in Section 1226.
(Amended by Stats. 1996, Ch. 667, Sec. 7. Effective September 20, 1996.)
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.

1227. The Legislature finds and declares that it is in the public interest to provide a priority of right to appropriate water for various beneficial water uses which were initiated by the United States, or its agencies, on reserved lands prior to July 3, 1978, and which uses are for secondary purposes, other than those for which the federal reservation was created, provided that the priority of right does not impair any existing water right.
(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 1227.1.

1227.1. (a) To obtain the priority of right set forth in Section 1227, any agency of the United States shall submit to the board, on or before July 1, 1984, a statement for each water use initiated under claim of right by the United States on reserved lands for which beneficial use of water was initiated on or before July 3, 1978, concerning which water rights litigation was not a matter of record prior to July 3, 1978, and which use is for secondary purposes other than those for which the federal reservation was created.
(b) Each statement shall include, but not be limited to, all of the following:
(1) The name and address of the agency of the United States which maintains the federal water project.
(2) The name and address of the person who is responsible for the day-to-day operations of the federal water project.
(3) The name of the stream or other source from which the water is being appropriated and the name of the next major stream or other body of water to which the source is tributary.
(4) The point of diversion and place of use.
(5) The purpose of the use.
(6) A general description of the area in which the water is used.
(7) The year in which the diversion was commenced or as near as is known.
(8) Any information tending to indicate the quantity of water used, as may be prescribed by the board.
(c) The board shall make available to any person upon request copies of statements filed pursuant to this section for federal water uses within a particular county. Any person may file a request for special notice, by county.
(Added by Stats. 1983, Ch. 670, Sec. 1.)