reglab/statecodes huggingface dataset:
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Definitions and Interpretation of Division › Section 1005.1.

1005.1. Cessation of or reduction in the extraction of ground water by the owner of a right to extract, as the result of the use of an alternate supply of water from a nontributary source, shall be and is deemed equivalent to, and for purposes of establishing and maintaining any right to extract the ground water shall be construed to constitute, a reasonable beneficial use of the ground water to the extent and in the amount that water from the alternate source is applied to reasonable beneficial use, not exceeding, however, the amount of such reduction. Any such user of water from an alternate nontributary source who seeks the benefit of this section, shall file with the board, on or before December 31st of each calendar year, a statement of the amount of water from such source so applied to reasonable beneficial use pursuant to the provisions of this section during the next preceding water year (November 1st to October 31st), and such user cannot claim the benefit of this section for any water year for which such statement is not so filed.
“Ground water,” for the purpose of this section and of Sections 1005.2 and 1005.4, means water beneath the surface of the ground, whether or not flowing through known and definite channels.
The term “nontributary source,” as used in this section, shall be deemed to include water imported from another watershed, or water conserved and saved in the watershed by a water conservation plan or works without which such water of the same watershed would have wasted, or would not have reached the underground source of supply of the owner relying upon this section.
(Amended by Stats. 1976, Ch. 581.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Definitions and Interpretation of Division › Section 1005.2.

1005.2. Cessation of or reduction in the extraction of ground water, to permit the replenishment of such ground water by the use of water from an alternate nontributary source, is hereby declared to be a reasonable beneficial use of the ground water to the extent and in the amount that water from such alternate source is applied to beneficial use, not exceeding, however, the amount of such reduction. No lapse, reduction or loss of any right in ground water, shall occur under such conditions. Any such user of water from an alternate source who seeks the benefit of this Section 1005.2 with respect to the use of such water occurring prior to the effective date of this section, shall file with the board, within ninety (90) days from said effective date, a statement of the amounts of reduction in the extraction of ground water as the result of water from said alternate source having been so applied to reasonable beneficial use prior to said effective date to permit the replenishment of such ground water and said amounts shall be segregated and shown for each water year (November 1st to October 31st) during which such use occurred prior to the effective date of this section. Any such user of water from an alternate source who seeks the benefit of this Section 1005.2 with respect to the use of such water occurring subsequent to the effective date of this section, shall file with the board, on or before December 31st of each calendar year, a statement of the amount of reduction in the extraction of ground water as the result of water from said alternate source having been so applied to reasonable beneficial use during the next preceding water year (November 1st to October 31st) to permit the replenishment of such ground water. Such user cannot claim the benefit of this section for any water year for which such statement is not so filed.
The provisions of this section apply only as to the cessation of, or reduction in, the extraction of ground water within that area in this state defined by the exterior boundaries of the Counties of San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Diego, Imperial, Riverside, and San Bernardino.
The term “nontributary source” as used in this section shall be deemed to include water imported from another watershed or water conserved and saved in the watershed by a water conservation plan or works without which such water of the same watershed would have wasted, or would not have reached the underground source of supply of the owner relying upon this section.
(Amended by Stats. 1972, Ch. 274.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Definitions and Interpretation of Division › Section 1005.3.

1005.3. During the pendency of an action to adjudicate substantially all water rights in a ground water basin situated in whole or in part within the Tehachapi-Cummings County Water District in Kern County, and until the date of judgment therein becomes final, which finality may be subject to any reserved jurisdiction of the court, the failure by any owner of water rights in and to such ground water basin to pump or extract therefrom the full quantity of water representing such water rights which he may be determined to have had as of the date of commencement of the action, shall not result in a loss of any portion of such water rights. The provisions of this section shall apply to any such failure to pump or extract in any water year, calendar year, or other year ending after the effective date of this section, whether or not said action was commenced prior to that effective date.
This special provision is necessary because there are special and peculiar circumstances applicable to the ground water basins lying wholly or partially within the Tehachapi-Cummings County Water District. There are three such ground water basins, commonly referred to as the Tehachapi Basin, the Brite Basin and the Cummings Basin. The alluvial fill in each of said basins is very shallow when contrasted to most other ground water basins in this state. It is necessary to induce those pumpers who can possibly do so to reduce their pumping from the basins if sufficient ground water reserves are to be maintained for preservation of the existing economy until supplemental water is available from the State Water Facilities. Actions to adjudicate substantially all water rights have been filed as to each of those basins.
(Added by Stats. 1967, Ch. 833.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Definitions and Interpretation of Division › Section 1005.4.

1005.4. (a) Cessation of or reduction in the extraction of ground water, to permit the replenishment of such ground water by the use of water from an alternate nontributary source, is hereby declared to be a reasonable beneficial use of the ground water to the extent and in the amount that water from such alternate source is applied to beneficial use, not exceeding, however, the amount of such reduction. No lapse, reduction or loss of any right in ground water, shall occur under such conditions.
(b) Any such user of water from an alternative source may file with the board, on or before December 31st of each calendar year, a statement of the amount of reduction in the extraction of groundwater as a result of water from the alternative source having been so applied to reasonable beneficial use during the next preceding water year (October 1st to September 30th) to permit replenishment of such groundwater. However, failure to file such a statement shall in no way affect the right of a user to claim the benefit of this section.
(c) The provisions of this section apply only as to the cessation of, or reduction in, the extraction of ground water within that area in this state defined by the exterior boundaries of every county, except the Counties of San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Diego, Imperial, Riverside, and San Bernardino.
(d) The term “nontributary source,” as used in this section, shall be deemed to include water imported from another watershed or water conserved and saved in the watershed by a water conservation plan or works without which such water of the same watershed would have wasted, or would not have reached the underground source of supply of the owner relying upon this section.
(Amended by Stats. 1981, Ch. 567, Sec. 1. Effective September 19, 1981.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Definitions and Interpretation of Division › Section 1006.

1006. Nothing in this division affects or limits in any manner whatsoever the right or power of any municipality which, prior to December 19, 1914, had appropriated or acquired water for municipal purposes, to use, sell, or otherwise dispose of such water either within or without its limits for domestic, irrigation, or other purposes in accordance with laws in effect on that date.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Definitions and Interpretation of Division › Section 1007.

1007. Nothing in this division shall be construed to deprive the State or any city, city and county, municipal water district, irrigation district, lighting district, political subdivision, or any person of any rights to acquire property by eminent domain proceedings.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Definitions and Interpretation of Division › Section 1009.

1009. Any supplier of water in this state for municipal use, including the state, or any city, county, city and county, district, individual, partnership, corporation, or any other entity, may undertake a water conservation program to reduce water use and may require, as a condition of new service, that reasonable water-saving devices and water reclamation devices be installed to reduce water use.
(Added by Stats. 1976, Ch. 709.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Definitions and Interpretation of Division › Section 1009.5.

1009.5. (a) A water district and the district attorney of any county in which the water district is located may enter into an agreement authorizing the attorney for the water district to act as a special prosecutor appointed by and under the supervision and direction of the district attorney for the purpose of prosecuting a violation of an ordinance of the district or a violation of a statute that is a misdemeanor or an infraction, or a violation of a resolution or ordinance adopted pursuant to Section 375, subject to all of the following limitations:
(1) The ordinance, resolution, or statute relates to water pollution, including waste water and stormwater, or to water conservation.
(2) The district attorney shall prescribe the scope of, and any limitations on, the subpoena power of the attorney for the water district.
(3) The district attorney may designate any ordinance, resolution, or statute that the attorney for the water district is authorized to prosecute.
(b) A water district, for purposes of this section, means a water district as defined in Section 20200.
(Added by Stats. 1992, Ch. 766, Sec. 1. Effective January 1, 1993.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Definitions and Interpretation of Division › Section 1010.

1010. (a) (1) The cessation of, or reduction in, the use of water under any existing right regardless of the basis of right, as the result of the use of recycled water, desalinated water, or water polluted by waste to a degree which unreasonably affects the water for other beneficial uses, is deemed equivalent to, and for purposes of maintaining any right shall be construed to constitute, a reasonable beneficial use of water to the extent and in the amount that the recycled, desalinated, or polluted water is being used not exceeding, however, the amount of such reduction.
(2) No lapse, reduction, or loss of any existing right shall occur under a cessation of, or reduction in, the use of water pursuant to this subdivision, and, to the extent and in the amount that recycled, desalinated, or polluted water is used in lieu of water appropriated by a permittee pursuant to Chapter 6 (commencing with Section 1375) of Part 2, the board shall not reduce the appropriation authorized in the user’s permit.
(3) The use of recycled, desalinated, or polluted water constitutes good cause under Section 1398 to extend the period specified in a permit for application of appropriated water to beneficial use to the extent and in the amount that recycled, desalinated, or polluted water is used. The extension by the board shall be granted upon the same terms as are set forth in the user’s permit, and for a period sufficient to enable the permittee to perfect his appropriation, while continuing to use recycled, desalinated, or polluted water.
(4) The board, in issuing a license pursuant to Article 3 (commencing with Section 1610) of Chapter 9 of Part 2, shall not reduce the appropriation authorized by permit, to the extent and in the amount that reduction in a permittee’s use, during the perfection period, including any extension as provided in this section, has resulted from the use of recycled, desalinated, or polluted water in lieu of the permittee’s authorized appropriation.
(5) The board may require any user of water who seeks the benefit of this section to file periodic reports describing the extent and amount of the use of recycled, desalinated, or polluted water. To the maximum extent possible, the reports shall be made a part of other reports required by the board relating to the use of water.
(6) For purposes of this section, the term “recycled water” has the same meaning as in Division 7 (commencing with Section 13000).
(b) Water, or the right to the use of water, the use of which has ceased or been reduced as the result of the use of recycled, desalinated, or polluted water as described in subdivision (a), may be sold, leased, exchanged, or otherwise transferred pursuant to any provision of law relating to the transfer of water or water rights, including, but not limited to, provisions of law governing any change in point of diversion, place of use, and purpose of use due to the transfer.
(Amended by Stats. 1995, Ch. 28, Sec. 12. Effective January 1, 1996.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Definitions and Interpretation of Division › Section 1011.

1011. (a) When any person entitled to the use of water under an appropriative right fails to use all or any part of the water because of water conservation efforts, any cessation or reduction in the use of the appropriated water shall be deemed equivalent to a reasonable beneficial use of water to the extent of the cessation or reduction in use. No forfeiture of the appropriative right to the water conserved shall occur upon the lapse of the forfeiture period applicable to water appropriated pursuant to the Water Commission Act or this code or the forfeiture period applicable to water appropriated prior to December 19, 1914.
The board may require that any user of water who seeks the benefit of this section file periodic reports describing the extent and amount of the reduction in water use due to water conservation efforts. To the maximum extent possible, the reports shall be made a part of other reports required by the board relating to the use of water. Failure to file the reports shall deprive the user of water of the benefits of this section.
For purposes of this section, the term “water conservation” shall mean the use of less water to accomplish the same purpose or purposes of use allowed under the existing appropriative right. Where water appropriated for irrigation purposes is not used as a result of temporary land fallowing or crop rotation, the reduced usage shall be deemed water conservation for purposes of this section. For the purpose of this section, “land fallowing” and “crop rotation” mean those respective land practices, involving the nonuse of water, used in the course of normal and customary agricultural production to maintain or promote the productivity of agricultural land.
(b) Water, or the right to the use of water, the use of which has ceased or been reduced as the result of water conservation efforts as described in subdivision (a), may be sold, leased, exchanged, or otherwise transferred pursuant to any provision of law relating to the transfer of water or water rights, including, but not limited to, provisions of law governing any change in point of diversion, place of use, and purpose of use due to the transfer.
(c) Notwithstanding any other provision of law, upon the completion of the term of a water transfer agreement, or the right to the use of that water, that is available as a result of water conservation efforts described in subdivision (a), the right to the use of the water shall revert to the transferor as if the water transfer had not been undertaken.
(Amended by Stats. 1999, Ch. 938, Sec. 2. Effective January 1, 2000.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Definitions and Interpretation of Division › Section 1012.

1012. Notwithstanding any other provision of law, where any person, public agency, or agency of the United States undertakes any water conservation effort, either separately or jointly with others entitled to delivery of water from the Colorado River under contracts with the United States, which results in reduced use of Colorado River water within the Imperial Irrigation District, no forfeiture, dimunition, or impairment of the right to use the water conserved shall occur, except as set forth in the agreements between the parties and the United States.
(Added by Stats. 1984, Ch. 429, Sec. 1.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Definitions and Interpretation of Division › Section 1014.

1014. The transfer of water, or the offer of water for transfer, shall not cause, or be the basis for, a forfeiture, abandonment, or modification of any water right, contract right, or other right to the use of that water. An offer of water for transfer, contract negotiations, or a transfer agreement shall not be used as evidence of waste or unreasonable use, or of cessation of use, of the water made available for transfer.
(Added by Stats. 1999, Ch. 938, Sec. 3. Effective January 1, 2000.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Definitions and Interpretation of Division › Section 1015.

1015. During the term of a temporary change, as defined in Section 1725.5, if an enforcement action or other proceeding is commenced that alleges that the use of water violates Section 2 of Article X of the California Constitution, Sections 100, 101, 1410, and 1675, or any other legislative, administrative, or judicial limitation on the water that is subject to that water transfer and the water involved is, at the time of the alleged violation, subject to a water transfer, the determination of the alleged violation shall be based on an assessment of the transferee’s use of transferred water. If a transferee’s right to use transferred water is divested, in whole or in part, on the basis of the transferee’s abandonment, forfeiture, waste, or unreasonable use of the transferred water, the divested portion of the right shall revert immediately to the transferor.
(Amended by Stats. 2022, Ch. 675, Sec. 1. (AB 2895) Effective January 1, 2023.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Definitions and Interpretation of Division › Section 1016.

1016. (a) At the conclusion of the term of a water transfer agreement, all rights in, and the use of, the water subject to the agreement revert back to the transferor.
(b) After the conclusion of the term of a water transfer agreement, the transferee or any beneficiary of the transfer shall not do either of the following:
(1) Bring any claim for a continuation of the water supply made available by the agreement.
(2) Claim any right to a continued supply of water as a result of the transfer, based on reliance, estoppel, intervening public use, prescription, water shortage emergency, or unforeseen or unforeseeable increases in demand, or any other cause.
(Added by Stats. 1999, Ch. 938, Sec. 5. Effective January 1, 2000.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Definitions and Interpretation of Division › Section 1017.

1017. The beneficial use of water pursuant to a transfer or exchange authorized pursuant to Chapter 6.6 (commencing with Section 1435) of, Chapter 10 (commencing with Section 1700) of, Chapter 10.5 (commencing with Section 1725) of, Part 2, or any other provision of law, shall constitute a beneficial use of water by the holder of the permit, license, water right, or other entitlement for use that is the basis for the transfer or exchange, and shall not affect any determination or forfeiture applicable to water appropriated pursuant to the Water Commission Act or this code or water appropriated prior to December 19, 1914.
(Added by Stats. 1999, Ch. 938, Sec. 6. Effective January 1, 2000.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Definitions and Interpretation of Division › Section 1018.

1018. When agricultural lands are being idled in order to provide water for transfer pursuant to this division, and an amount of water is determined to be made available by that idling, landowners shall be encouraged to cultivate or retain nonirrigated cover crops or natural vegetation to provide waterfowl, upland game bird, and other wildlife habitat, provided that all other water transfer requirements are met.
(Added by Stats. 2013, Ch. 387, Sec. 14. (SB 749) Effective January 1, 2014.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1.5 - Water Leases › Section 1020.

1020. Water may be leased for a period not to exceed five years to assist water conservation efforts pursuant to the terms and conditions of this chapter. The terms and conditions of this chapter are not applicable to water leases or transfers governed by other provisions of law.
(Added by Stats. 1991, Ch. 847, Sec. 3.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1.5 - Water Leases › Section 1021.

1021. (a) The water subject to a water lease agreement shall be water that is subject to a water right of the lessor. The amount of water leased shall not exceed 25 percent of the water that would have been applied or stored by the lessor in the absence of the lease agreement in any given hydrological year.
(b) Each lease agreement shall include enforceable terms which will ensure that the water lease will not injure any legal user of water and will not unreasonably affect fish, wildlife, or other instream beneficial uses.
(c) This chapter applies only to surface water appropriated pursuant to the Water Commission Act (Chapter 586 of the Statutes of 1913, as amended) or this code, or to water appropriated prior to December 19, 1914.
(Added by Stats. 1991, Ch. 847, Sec. 3.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1.5 - Water Leases › Section 1022.

1022. If the water subject to the lease is held by a water district, a water company, or a mutual water company, hereafter collectively referred to as the district, the following provisions apply:
(a) The governing body of the district may, by a resolution adopted and entered in its minutes, determine that the district should lease water pursuant to this chapter, or, if otherwise required by law, determine that an election should be held to lease water pursuant to this chapter. The district shall administer any water lease and determine whether water is in excess of the needs of the district and is available for a lease.
(b) Any water lease administered by the district shall include provisions to achieve all of the following:
(1) Establish a schedule for district water users to provide written notice of the intention to participate in a water lease.
(2) Establish a minimum price for the water available for leasing to maintain the financial integrity of the district and enter into leases for that water at market values at or above the minimum price.
(3) Annually distribute the net monetary proceeds to water users in the district who have participated in the water leases, according to district water allocation policies, after first deducting district costs. These costs include, but are not limited to, the cost of the water, whether or not water is delivered, the costs of conveyance, distribution and development facilities, lease administration, and other appropriate district costs apportioned to water users in the district who forego the use of district water to participate in the water lease.
(c) Participation in a water lease administered by the district pursuant to this section is deemed to be a public service generally provided by the public body or board for purposes of paragraph (3) of subdivision (a) of Section 1091.5 of the Government Code.
(Amended by Stats. 1992, Ch. 56, Sec. 1. Effective May 14, 1992.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1.5 - Water Leases › Section 1024.

1024. (a) Nothing in this chapter authorizes the sale of any water right or the modification of any water right or contract.
(b) No right in any water, water contract, or water right shall be acquired by a use permitted under this chapter.
(c) (1) When any person entitled to the use of water under an appropriative right fails to use all or any part of the water because of water conservation efforts and leases that conserved water under this chapter, any such cessation of, or reduction in, the use of the appropriated water that is leased is deemed equivalent to a reasonable beneficial use of water to the extent of that cessation of, or reduction in, use. No forfeiture of the appropriative right to the water conserved shall occur upon the lapse of the forfeiture period applicable to water appropriated pursuant to the Water Commission Act (Chapter 586 of the Statutes of 1913, as amended) or this code, or to water appropriated prior to December 19, 1914.
(2) The state board may require any lessor of water who seeks the benefit of this chapter to file periodic reports describing the extent and amount of the reduction in water use due to water conservation efforts. To the maximum extent possible, the reports shall be made a part of other reports required by the state board relating to the use of water. Failure to file the reports shall deprive the user of water of the benefits of this chapter.
(3) For purposes of this chapter, “water conservation” means the use of less water to accomplish the same purpose or purposes of use allowed under the existing appropriative right. Where water appropriated for irrigation purposes is not used by reason of land fallowing or crop rotation, the reduced usage shall be deemed water conservation for purposes of this section.
(Added by Stats. 1991, Ch. 847, Sec. 3.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1.5 - Water Leases › Section 1025.

1025. If the lessor or lessee is a water district, the water lessor shall file a notice with the state board of the water lease agreement and include in the notice all of the following:
(a) A copy of the lease agreement.
(b) Any water permit or license number.
(c) A description of the environmental conditions in the lease, permit, and license which protect fish and wildlife.
(d) A statement of how the lease will assist water conservation efforts of the lessor.
(e) An agreement undertaken by the lessor and the lessee which specifies how the environmental protection terms and conditions in the permit, license, or lease, and the applicable conditions established pursuant to Section 1029 for the permit, license, or other water right, will be complied with for the duration of the lease.
(Added by Stats. 1991, Ch. 847, Sec. 3.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1.5 - Water Leases › Section 1025.5.

1025.5. (a) If both the lessor and lessee are private parties, the lessor shall file an application with the board for approval of the lease agreement and shall include in the application all of the following:
(1) The information and materials described in subdivisions (a) to (e), inclusive, of Section 1025.
(2) Other information that the state board determines is necessary to review the application.
(3) The application fee set pursuant to Section 1525.
(b) The board, after providing notice and opportunity for a hearing, may approve the lease if, in the judgment of the board, the lease would not operate to injure the legal users of water or unreasonably affect fish, wildlife, or other instream beneficial uses.
(Amended by Stats. 2003, Ch. 741, Sec. 79. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1.5 - Water Leases › Section 1025.7.

1025.7. Water leases pursuant to this chapter are not subject to Chapter 10 (commencing with Section 1700) or Chapter 10.5 (commencing with Section 1725) of Part 2.
(Added by Stats. 1991, Ch. 847, Sec. 3.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1.5 - Water Leases › Section 1026.

1026. The lead agency shall not approve a water lease until 30 days after the board provides written public notice, including notice by personal delivery or registered mail to legal users of water which may be affected by the lease, as identified by the board, the Department of Fish and Wildlife, and any party requesting special notice of water leases pursuant to this chapter. The water lessor shall pay a reasonable fee, in an amount determined by the state board, for the cost of providing the notice.
(Amended by Stats. 2015, Ch. 683, Sec. 42. (SB 798) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1.5 - Water Leases › Section 1027.

1027. (a) Any water lease agreement entered into pursuant to this chapter involving the transfer of water from the Sacramento-San Joaquin Delta shall provide outflow consistent with the carriage water requirements determined by the department to be necessary for the transfer of the water subject to the lease to maintain the water quality which would exist in the delta without the transfer undertaken in connection with the water lease.
(b) Any water lease agreement providing for the lease of water from a lessor north of the Sacramento/San Joaquin Delta to a lessee south of the Sacramento/San Joaquin Delta shall provide for an amount of water for delta salt water repulsion and environmental purposes as administratively prescribed by the state board in proportion to all similar requirements for delta exports.
(Added by Stats. 1991, Ch. 847, Sec. 3.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1.5 - Water Leases › Section 1028.

1028. In any proceeding pursuant to Section 1029, the court shall determine issues relating to the lease and the effects of the water transfer pursuant to the lease on the legal users of water and on fish and wildlife, but any request or petition to permanently change the water right which may be subject to the lease shall be heard in a separate proceeding.
(Added by Stats. 1991, Ch. 847, Sec. 3.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1.5 - Water Leases › Section 1029.

1029. Division 13 (commencing with Section 21000) of the Public Resources Code applies to water lease agreements authorized by this chapter. For purposes of that division, the lessor is the lead agency, except that if the lessor is a private party and the lessee is a water district, the lessee is the lead agency. If both the lessor and the lessee are private parties, the state board is the lead agency.
(Added by Stats. 1991, Ch. 847, Sec. 3.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1.5 - Water Leases › Section 1030.

1030. During the term of the water lease, the state board shall monitor the lease, as appropriate. The state board shall initiate proceedings, if appropriate, to enforce the terms and conditions of water leases, and permits and licenses or water use authority to ensure that the water lease does not operate to injure any legal user of the water or unreasonably affect fish, wildlife, or other instream beneficial uses.
(Added by Stats. 1991, Ch. 847, Sec. 3.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 1.5 - Water Leases › Section 1031.

1031. A water lease pursuant to this chapter shall not take effect until the first annual fee, set pursuant to Section 1525, is paid, and the lease shall not continue in effect in any subsequent year unless the annual fee for that year is paid.
(Added by Stats. 2003, Ch. 741, Sec. 80. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Administrative Provisions Generally › Section 1050.

1050. This division is hereby declared to be in furtherance of the policy contained in Section 2 of Article X of the California Constitution and in all respects for the welfare and benefit of the people of the state, for the improvement of their prosperity and their living conditions, and the board and the department shall be regarded as performing a governmental function in carrying out the provisions of this division.
(Amended by Stats. 1979, Ch. 373.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Administrative Provisions Generally › Section 1051.

1051. (a) The board for the purpose of this division may:
(1) Investigate all streams, stream systems, portions of stream systems, lakes, or other bodies of water.
(2) Take testimony in regard to the rights to water or the use of water thereon or therein.
(3) Investigate and ascertain whether or not water heretofore filed upon or any claimed riparian or appropriative right is valid under the laws of this state.
(b) (1) In furtherance of an investigation authorized pursuant to this section, the board may issue an information order, as executed by the executive director of the board.
(2) The information order may be issued to a water right holder or claimant to provide the following information related to a diversion and use of water:
(A) Information required to be reported pursuant to Part 5.1 (commencing with Section 5100).
(B) Information concerning the basis of the water right claimed.
(C) Information related to the patent date claimed for the place of use, if the claimed right is a riparian right.
(D) Information concerning the notice date of the appropriation and the date of actual delivery of water to beneficial use.
(E) Information concerning prior diversions and use, including direct diversions and diversions to storage.
(3) (A) The information order may be issued to a diverter or user of water to provide information concerning that diverter’s prior diversion or use, including direct diversions and diversions to storage, or identification of the person or holder claiming the right under which the water was diverted or used.
(B) Information obtained under this paragraph from a diverter or user who is not the water right holder or claimant shall not be binding on, or treated as an admission by, the water right holder or claimant.
(c) The burden of any order issued under subdivision (b), including costs, shall bear a reasonable relationship to the need for the requested information and the benefits to be obtained from the board receiving that information. In making a request, the board shall do both of the following:
(1) Provide the person to whom the request is directed with a written explanation with regard to the need for the information.
(2) Identify the evidence that supports requiring that person to provide the information.
(d) A diversion or use of water ascertained to be unauthorized may be enforced as a trespass under Section 1052, following notice and opportunity for hearing as required under Section 1052, Section 1055, or Article 2 (commencing with Section 1831) of Chapter 12 of Part 2.
(e) Nothing in this section shall limit any authority held by the board under this code or any other provision of law.
(Amended by Stats. 2023, Ch. 486, Sec. 1. (SB 389) Effective January 1, 2024.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Administrative Provisions Generally › Section 1051.1.

1051.1. (a) In conducting an investigation or proceeding specified in Section 275 or 1051, or in Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, the board may inspect the property or facilities of any person or entity to ascertain whether the purposes of Section 100 and this division are being met or to ascertain compliance with any permit, license, certification, registration, decision, order, or regulation issued under Section 275, this division, or Article 7 (commencing with Section 13550) of Chapter 7 of Division 7.
(b) If consent to inspect is denied or otherwise withheld, the board is authorized to obtain an inspection warrant pursuant to the procedure set forth in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure for purposes of an inspection under this subdivision. However, in the event of an emergency affecting the public health or safety pertaining to the particular site under which the inspection is being sought, an inspection may be performed without consent or the issuance of a warrant.
(c) The board may participate in an inspection of an unlicensed cannabis cultivation site conducted pursuant to a warrant duly issued pursuant to the Penal Code when requested by the party seeking that warrant for unlicensed cannabis cultivation and its associated activities that may involve a violation of this code, including, but not limited to, diversion or use of water in violation of this division or of any principles and guidelines established by the board pursuant to Section 13149.
(Added by Stats. 2023, Ch. 158, Sec. 1. (SB 756) Effective January 1, 2024.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Administrative Provisions Generally › Section 1051.5.

1051.5. In furtherance of its powers and duties under Parts 2 (commencing with Section 1200) and 3 (commencing with Section 2000) of this division, the board may supervise trial distribution of water in accordance with agreements and court orders therefor.
(Amended by Stats. 1967, Ch. 284.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Administrative Provisions Generally › Section 1053.

1053. A full and accurate record of business or acts performed or of testimony taken by the board and the department in pursuance of the provisions of this division shall be kept and be placed on file in the office of the board or the department, as the case may be.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Administrative Provisions Generally › Section 1054.

1054. The board and the department may certify to all of their official acts and may certify copies of all official documents and orders filed in their respective offices. For the purpose of making such certifications, the board and the department may adopt seals.
(Amended by Stats. 1957, Ch. 947.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Administrative Provisions Generally › Section 1055.

1055. (a) The executive director of the board may issue a complaint to any person or entity on which administrative civil liability may be imposed pursuant to Section 1052, Article 4 (commencing with Section 1845) of Chapter 12 of Part 2 of Division 2, or Section 5107. The complaint shall allege the act or failure to act that constitutes a trespass or violation, the provision of law authorizing civil liability to be imposed, and the proposed civil liability.
(b) The complaint shall be served by personal notice, certified mail, in accordance with the manner of service of a summons under Article 3 (commencing with Section 415.10) of, and Article 4 (commencing with Section 416.10) of, Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure, or by any method of physical delivery that provides a receipt. The complaint shall inform the party served that the party may request a hearing not later than 20 days from the date the party was served and that the board may adopt an order setting administrative civil liability based on the allegations set forth in the complaint without a hearing if the party does not sign a written request for a hearing that is delivered to, or received by mail by, the board within 20 days after the date the party was served. The hearing shall be before the board or a member of the board, in accordance with Section 183. For purposes of this subdivision, “physical delivery that provides a receipt” includes physical delivery methods that provide electronic confirmation of delivery to the intended address.
(c) The board, after any necessary hearing, may adopt an order setting administrative civil liability, or determining that a liability shall not be imposed.
(d) Orders setting administrative civil liability shall become effective and final upon issuance thereof and payment shall be made.
(Amended by Stats. 2023, Ch. 158, Sec. 2. (SB 756) Effective January 1, 2024.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Administrative Provisions Generally › Section 1055.2.

1055.2. A person or entity shall not be subject to both civil liability imposed under Section 1055 and civil liability imposed by the superior court under Section 1052 or Article 4 (commencing with Section 1845) of Chapter 12 of Part 2 of Division 2 for the same act or failure to act.
(Amended by Stats. 2010, Ch. 288, Sec. 6. (SB 1169) Effective January 1, 2011.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Administrative Provisions Generally › Section 1055.3.

1055.3. In determining the amount of civil liability, the board shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, and the corrective action, if any, taken by the violator.
(Added by Stats. 1987, Ch. 756, Sec. 5.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Administrative Provisions Generally › Section 1055.4.

1055.4. After the time for review under Chapter 4 (commencing with Section 1120) has expired, the board may apply to the clerk of the appropriate court for a judgment to collect the administrative civil liability imposed in accordance with Section 1055. The application, which shall include a certified copy of the board action, constitutes a sufficient showing to warrant issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered.
(Added by Stats. 1997, Ch. 323, Sec. 1. Effective January 1, 1998.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Administrative Provisions Generally › Section 1059.

1059. The board and the department, as to matters under each of their respective jurisdictions, may designate one or more of their employees who shall have authority to certify under their respective seals all copies of orders, applications, permits, licenses, certificates, and other records under this division, and to attest all records, transcripts, evidence, and other original documents which it is necessary so to authenticate.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - Administrative Provisions Generally › Section 1060.

1060. (a) All fees collected by the State Water Resources Control Board or by a California regional water quality control board, and deposited in the State Treasury, except funds collected under Part 3 (commencing with Section 2000) of this division, funds received for trial distribution expenses in connection with the administration of Section 1051.5, and deposits and payments made pursuant to Section 5007, shall be credited to the appropriation for the support of the board which is current at the time of the deposit of such fees in the State Treasury.
(b) Money deposited with or paid to the board pursuant to Section 1051.5 or 5007 and deposited by the board in the State Treasury is available for expenditure by the board in accordance with those sections without regard to fiscal years and irrespective of the provisions of Section 16304 of the Government Code, and any unused balance shall be refunded by the board to the person entitled thereto.
(Amended by Stats. 1971, Ch. 1288.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Witnesses and Production of Evidence › ARTICLE 1 - Definitions › Section 1075.

1075. As used in this chapter, “proceeding” means any inquiry, investigation, hearing, ascertainment, or other proceeding ordered or undertaken by the board pursuant to this code.
(Amended by Stats. 1969, Ch. 482.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Witnesses and Production of Evidence › ARTICLE 1 - Definitions › Section 1076.

1076. As used in this chapter, “evidence” means any paper, book, map, account, or document.
(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 1080.

1080. The board may administer oaths and issue subpenas for the attendance and giving of testimony by witnesses and for the production of evidence in any proceeding in any part of the State.
(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 2 - Attendance and Fees › Section 1081.

1081. Each witness who appears by order of the board shall receive for his attendance the same fees and mileage allowed by law to witnesses in civil cases, which shall be paid by the party at whose request the witness is subpenaed.
(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 2 - Attendance and Fees › Section 1082.

1082. When any witness who has not been required to attend at the request of any party is subpenaed by the board his fees and mileage shall be paid from the funds appropriated for the use of the board and available for the purpose.
(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 2 - Attendance and Fees › Section 1083.

1083. Any witness subpenaed, except one whose fees and mileage are payable from the funds of the board, may, at the time of service, demand the fees to which he is entitled for travel to and from the place at which he is required to appear and one day’s attendance.
(Amended by Stats. 1957, Ch. 1932.)