reglab/statecodes huggingface dataset:
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 4 - Supplemental Information › Section 1275.

1275. After an application has been perfected, the board may request additional information reasonably necessary to clarify, amplify, correct, or otherwise supplement the information required to be submitted under Article 2 (commencing with Section 1260) or Article 3 (commencing with Section 1270). The board shall provide a reasonable period for submitting the information. The additional information may include, but is not limited to, any of the following:
(a) Information needed to demonstrate that unappropriated water is available for appropriation.
(b) Information needed to comply, or demonstrate compliance with, any applicable requirements of the Fish and Game Code or the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).
(c) Information needed to comply with Division 13 (commencing with Section 21000) of the Public Resources Code.
(Added by Stats. 1997, Ch. 323, Sec. 5. Effective January 1, 1998.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 2 - Applications to Appropriate Water › ARTICLE 4 - Supplemental Information › Section 1276.

1276. If, within the period provided, the applicant does not provide the information requested under Section 1275, the application shall be canceled, unless for good cause shown the board allows additional time in which to submit the requested information.
(Added by Stats. 1997, Ch. 323, Sec. 5. Effective January 1, 1998.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 3 - Notice of Application › ARTICLE 1 - Contents of Notice › Section 1300.

1300. As soon as practicable after the receipt of an application for a permit to appropriate water which conforms to the rules and regulations of the board and to law, the board shall issue and deliver a notice of the application (a) to the applicant, (b) to the district attorney of each county wherein the applicant proposes to divert water under the application, and (c) to the board of supervisors of each county wherein the applicant proposes to divert water under the application.
(Amended by Stats. 1965, Ch. 45.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 3 - Notice of Application › ARTICLE 1 - Contents of Notice › Section 1301.

1301. The notice shall specify all of the following:
(a) The number of the application.
(b) The name and address of the applicant.
(c) The date of filing.
(d) The source of supply.
(e) The amount applied for.
(f) The season of diversion.
(g) The location of the point of diversion.
(h) The use to be made.
(i) The location of the place of use.
(j) The date of issuance of the notice.
(k) Such other information as the board deems necessary.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 3 - Notice of Application › ARTICLE 1 - Contents of Notice › Section 1302.

1302. If the application is for more than three cubic feet per second or for more than 200 acre-feet per annum of storage, the notice shall state that protests against the approval of the application may be filed within 60 days from the date of issuance of the notice or within such further time as the board may, for good cause shown, allow.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 3 - Notice of Application › ARTICLE 1 - Contents of Notice › Section 1303.

1303. If the application is for three cubic feet or less per second, or for 200 acre-feet or less per annum of storage, the notice shall state that protests may be filed within 40 days from date thereof or within such further time as the board may, for good cause shown, allow.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 3 - Notice of Application › ARTICLE 1 - Contents of Notice › Section 1304.

1304. The notice shall contain appropriate general information as to what protests against the approval of the application shall contain in order to accord with the requirements of law and the rules and regulations of the board.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 3 - Notice of Application › ARTICLE 2 - Publication of Notice › Section 1310.

1310. If the application is for more than three cubic feet per second or for more than 200 acre-feet per annum of storage the notice of application shall be published in accordance with this article.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 3 - Notice of Application › ARTICLE 2 - Publication of Notice › Section 1311.

1311. Upon receipt of notice of an application coming under this article, the applicant shall cause it to be published as directed by the board.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 3 - Notice of Application › ARTICLE 2 - Publication of Notice › Section 1312.

1312. The notice shall be published at the expense of the applicant at least once a week for three consecutive weeks, commencing within 20 days of the date of issuance of the notice, in a newspaper having a general circulation and published within the county wherein the point of diversion lies, or, if there are points of diversion in more than one county, in each county in which a point of diversion lies.
(Amended by Stats. 1970, Ch. 773.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 3 - Notice of Application › ARTICLE 2 - Publication of Notice › Section 1313.

1313. In case there is no newspaper published within the appropriate county publication shall be made in a newspaper having a general circulation within the county.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 3 - Notice of Application › ARTICLE 2 - Publication of Notice › Section 1315.

1315. Proof of publication shall be filed by the applicant within 60 days from the date of issuance of the notice.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 3 - Notice of Application › ARTICLE 2 - Publication of Notice › Section 1316.

1316. Proof of publication shall be by copy of the notice as published attached to and made a part of the affidavit of the publisher or foreman of the newspaper publishing the notice.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 3 - Notice of Application › ARTICLE 2 - Publication of Notice › Section 1317.

1317. The board may cancel any application for failure of the applicant to file proof of publication in accordance with this article, provided the board first gives the applicant written notice of such possible cancellation and 15 days in which to file proof of publication.
(Added by Stats. 1963, Ch. 501.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 3 - Notice of Application › ARTICLE 3 - Posting and Mailing Notice › Section 1320.

1320. Notice of an application for three cubic feet or less per second or for 200 acre-feet or less per annum of storage shall be given by posting and mailing in accordance with this article.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 3 - Notice of Application › ARTICLE 3 - Posting and Mailing Notice › Section 1321.

1321. Upon the date of issuance of notice of an application coming under this article the board shall mail three copies of the notice to the applicant by registered mail and shall also send a copy by registered mail to each person who is known to the board and who in its judgment is interested in the application because of ownership or location in the vicinity of the proposed appropriation.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 3 - Notice of Application › ARTICLE 3 - Posting and Mailing Notice › Section 1322.

1322. The applicant shall post the notice within 20 days of the date of issuance thereof in at least two conspicuous places in the locality to be affected by the proposed appropriation.
(Amended by Stats. 1970, Ch. 773.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 3 - Notice of Application › ARTICLE 3 - Posting and Mailing Notice › Section 1323.

1323. Proof of posting shall be by affidavit of the applicant or the person posting notice on behalf of the applicant and shall be filed within 40 days from the date of issuance of notice.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 3 - Notice of Application › ARTICLE 3 - Posting and Mailing Notice › Section 1324.

1324. The board may cancel any application for failure of the applicant to file proof of posting in accordance with this article, provided the board first gives the applicant written notice of such possible cancellation and 15 days in which to file proof of posting.
(Added by Stats. 1963, Ch. 501.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 4 - Protest of Application › Section 1330.

1330. Any person interested may, within the time allowed in the notice of application or within such further time as may, for good cause shown, be allowed by the board, file with it a written protest against the approval of an application.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 4 - Protest of Application › Section 1331.

1331. The protest shall meet all of the following requirements:
(a) State the name and address of the protestant.
(b) Be signed by the protestant, or the protestant’s agent or attorney.
(c) Clearly and specifically set forth the protestant’s objections to the approval of the application, and state the bases for these objections.
(d) Contain other appropriate information and be in the form provided in the rules and regulations of the board.
(e) Be served on the applicant by the protestant by mailing a duplicate copy of the protest to the applicant or through service undertaken in another manner determined to be adequate by the board.
(Amended by Stats. 1997, Ch. 323, Sec. 6. Effective January 1, 1998.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 4 - Protest of Application › Section 1332.

1332. The board may request from the protestant additional information reasonably necessary to clarify, amplify, correct, or otherwise supplement the information required to be submitted under Section 1331. The board shall provide a reasonable period for submitting the information, and may allow additional time for good cause shown.
(Added by Stats. 1997, Ch. 323, Sec. 7. Effective January 1, 1998.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 4 - Protest of Application › Section 1333.

1333. The protestant and the applicant shall make a good faith effort to resolve the protest within 180 days from the date on which the period provided under Section 1330 expires. For good cause, the board may allow additional time for the protestant and the applicant to attempt to resolve the protest.
(Added by Stats. 1997, Ch. 323, Sec. 8. Effective January 1, 1998.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 4 - Protest of Application › Section 1334.

1334. The board may request from the protestant or the applicant additional information that the board determines is reasonably necessary to attempt to resolve the protest. The board shall provide a reasonable period for submitting the information, and may allow additional time for good cause shown.
(Added by Stats. 1997, Ch. 323, Sec. 9. Effective January 1, 1998.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 4 - Protest of Application › Section 1335.

1335. (a) The board may cancel a protest or application for failure to provide information requested by the board under this article within the period provided.
(b) Except as provided in subdivisions (c) and (d), a protest shall not be canceled for failure to submit information not in the possession or under the control of the protestant if the protest is in compliance with Section 1331 and the applicant is or could be required to submit the information under Section 1260 or 1275.
(c) If a protest is based on interference with a prior right, the board may cancel the protest if the protestant fails to submit any of the following information requested by the board:
(1) Information that the protestant is required to submit to the board to comply with Part 5.1 (commencing with Section 5100) during any period after the protest is filed.
(2) Information that is reasonably necessary to determine if the protestant has a valid water right.
(3) Information concerning the protestant’s historical, current, or proposed future diversion and use of water that is reasonably necessary to determine if the proposed appropriation will result in injury to the protestant’s exercise of its water right.
(d) If the protest is based on an allegation that the proposed appropriation would not be in the public interest, would adversely affect public trust uses, or would have adverse environmental impact, the board may cancel the protest for failure to submit information requested by the board if the board determines both of the following:
(1) The public review period has expired for any draft environmental document or negative declaration required to be circulated for public review and comment pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.
(2) In the absence of the requested information, there is no substantial evidence in light of the whole record to support the allegation.
(Added by Stats. 1997, Ch. 323, Sec. 10. Effective January 1, 1998.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 5 - Proceedings on Application › ARTICLE 1 - Notice of Hearing › Section 1340.

1340. Notice of hearing on a protested application shall be given by mailing notice not less than 20 days before the date of hearing to both the applicant and protestant by registered mail.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 5 - Proceedings on Application › ARTICLE 1 - Notice of Hearing › Section 1341.

1341. The notice of hearing on a protested application shall state the names of the applicant and protestant, the time and place fixed for the hearing, and such other appropriate information as may be deemed advisable by the board.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 5 - Proceedings on Application › ARTICLE 1 - Notice of Hearing › Section 1342.

1342. If a hearing is held on an unprotested application, notice of hearing shall be given by mailing notice not less than 20 days before the date of hearing.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 5 - Proceedings on Application › ARTICLE 1.5 - Minor Protested Applications Procedure › Section 1345.

1345. (a) Except as provided in subdivision (b), the Division of Water Rights shall conduct a field investigation of all minor protested applications. The board shall notify the parties of the field investigation not less than 20 days prior to conducting the field investigation, to enable the parties to attend and present information to the board.
(b) The Division of Water Rights is not required to conduct a field investigation for an application defined as a minor application under subdivision (b) of Section 1348 if the Division of Water Rights determines, in its discretion, that a field investigation will not substantially expedite consideration of the application and a hearing should be conducted under Section 183. If the Division of Water Rights makes that determination, Sections 1346 and 1347 do not apply to the application.
(Amended by Stats. 2019, Ch. 678, Sec. 2. (AB 658) Effective January 1, 2020.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 5 - Proceedings on Application › ARTICLE 1.5 - Minor Protested Applications Procedure › Section 1346.

1346. The Division of Water Rights may request the parties to submit information in support of their positions. The Division of Water Rights may request information before, during, or after the field investigation. After the field investigation, the Division of Water Rights may conduct additional proceedings in accordance with Article 10 (commencing with Section 11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code.
(Repealed and added by Stats. 1997, Ch. 323, Sec. 13. Effective January 1, 1998.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 5 - Proceedings on Application › ARTICLE 1.5 - Minor Protested Applications Procedure › Section 1347.

1347. Based upon the field investigation and any other information obtained under this article, the Division of Water Rights shall issue a decision unless the board in its discretion determines that additional proceedings should be conducted under Section 183. A decision of the Division of Water Rights is subject to review as provided in Chapter 4 (commencing with Section 1120) of Part 1.
(Repealed and added by Stats. 1997, Ch. 323, Sec. 15. Effective January 1, 1998.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 5 - Proceedings on Application › ARTICLE 1.5 - Minor Protested Applications Procedure › Section 1348.

1348. For purposes of this article, a minor application shall mean either of the following:
(a) Any application which does not involve direct diversions in excess of three cubic-feet per second or storage in excess of 200 acre-feet per year.
(b) An application by a groundwater sustainability agency or local agency, as defined in Section 10721, for a diversion previously authorized by a temporary permit under Article 2 (commencing with Section 1433) of Chapter 6.5.
(Amended by Stats. 2019, Ch. 678, Sec. 3. (AB 658) Effective January 1, 2020.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 5 - Proceedings on Application › ARTICLE 2 - Action on Application › Section 1350.

1350. The board may grant, or refuse to grant a permit and may reject any application, after hearing.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 5 - Proceedings on Application › ARTICLE 2 - Action on Application › Section 1351.

1351. No hearing is necessary in order to issue a permit upon an unprotested application, or if undisputed facts support the issuance of the permit and there is no disputed issue of material fact, unless the board elects to hold a hearing. No hearing is necessary to reject an application after notice, if the application is defective, the applicant fails to provide information requested by the board, or undisputed facts support the denial of the application and there is no disputed issue of material fact, unless the board elects to hold a hearing.
(Amended by Stats. 1997, Ch. 323, Sec. 16. Effective January 1, 1998.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 5 - Proceedings on Application › ARTICLE 2 - Action on Application › Section 1352.

1352. Upon failure of any party in interest to appear at a hearing or show good cause within five days thereafter for his failure, final action may be taken without further hearing.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6 - Permits › ARTICLE 1 - Prerequisites to Issuance of Permit › Section 1375.

1375. As prerequisite to the issuance of a permit to appropriate water the following facts must exist:
(a) There must be an applicant.
(b) The application must contain the matter and information prescribed by this division and be in the form required by the board.
(c) The intended use must be beneficial.
(d) There must be unappropriated water available to supply the applicant.
(e) All fees due must be paid.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6 - Permits › ARTICLE 2 - Issuance of Permit › Section 1381.

1381. The issuance of a permit gives the right to take and use water only to the extent and for the purpose allowed in the permit.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6 - Permits › ARTICLE 3 - Permit Terms and Conditions › Section 1390.

1390. A permit shall be effective for such time as the water actually appropriated under it is used for a useful and beneficial purpose in conformity with this division, but no longer.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6 - Permits › ARTICLE 3 - Permit Terms and Conditions › Section 1391.

1391. Every permit shall include the enumeration of conditions therein which in substance shall include all of the provisons of this article and the statement that any appropriator of water to whom a permit is issued takes it subject to the conditions therein expressed.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6 - Permits › ARTICLE 3 - Permit Terms and Conditions › Section 1392.

1392. Every permittee, if he accepts a permit, does so under the conditions precedent that no value whatsoever in excess of the actual amount paid to the State therefor shall at any time be assigned to or claimed for any permit granted or issued under the provisions of this division, or for any rights granted or acquired under the provisions of this division, in respect to the regulation by any competent public authority of the services or the price of the services to be rendered by any permittee or by the holder of any rights granted or acquired under the provisions of this division or in respect to any valuation for purposes of sale to or purchase, whether through condemnation proceedings or otherwise, by the State or any city, city and county, municipal water district, irrigation district, lighting district, or any political subdivision of the State, of the rights and property of any permittee, or the possessor of any rights granted, issued, or acquired under the provisions of this division.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6 - Permits › ARTICLE 3 - Permit Terms and Conditions › Section 1393.

1393. The board shall include as a condition in any permit under which a reservoir with an impounding capacity of 50 acre-feet or more is to be constructed, that the permittee shall clear the site of the proposed reservoir of all structures, trees, and other vegetation which would interfere with the use of the reservoir for water storage and recreatonal purposes.
(Added by Stats. 1959, Ch. 984.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6 - Permits › ARTICLE 3 - Permit Terms and Conditions › Section 1394.

1394. (a) The board may reserve jurisdiction, in whole or in part, to amend, revise, supplement, or delete terms and conditions in a permit under either of the following circumstances:
(1) If the board finds that sufficient information is not available to finally determine the terms and conditions which will reasonably protect vested rights without resulting in waste of water or which will best develop, conserve, and utilize in the public interest the water sought to be appropriated, and that a period of actual operation or time for completion of studies will be necessary in order to secure the required information.
(2) If the application or applications being acted upon represent only part of a coordinated project, other applications for the project being pending, and the board finds that the coordinated project requires coordinated terms and conditions which cannot reasonably be decided upon until a decision is reached on the other pending applications.
(b) Jurisdiction shall be reserved under this section for no longer period of time than the board finds to be reasonably necessary, and in no case shall jurisdiction be exercised after the issuance of the license. The jurisdiction shall be exercised only after notice to the parties and a hearing.
(Amended by Stats. 1996, Ch. 659, Sec. 5. Effective January 1, 1997.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6 - Permits › ARTICLE 4 - Application to Beneficial Use and Construction of Works › Section 1395.

1395. Actual construction work upon any project shall begin within the time specified in the permit, which time shall not be less than 60 days from the date of the permit.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6 - Permits › ARTICLE 4 - Application to Beneficial Use and Construction of Works › Section 1396.

1396. The construction of the work thereafter and the utilization of water for beneficial purposes shall be prosecuted with due diligence in accordance with this division, the terms of the permit, and the rules and regulations of the board.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6 - Permits › ARTICLE 4 - Application to Beneficial Use and Construction of Works › Section 1397.

1397. The work shall be completed and the water applied to beneficial use in accordance with this division, the rules and regulations of the board, and the terms of the permit and within the period specified in the permit.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6 - Permits › ARTICLE 4 - Application to Beneficial Use and Construction of Works › Section 1398.

1398. (a) The period specified in the permit for beginning construction work, for completion of construction work, for application of the water to beneficial use, or any or all of these periods may, for good cause shown, be extended by the board.
(b) After any hearing on a petition to extend the period or periods, the board may revoke the permit in accordance with Section 1410.
(Amended by Stats. 1986, Ch. 670, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6 - Permits › ARTICLE 5 - Revocation of Permit › Section 1410.

1410. (a) There shall be cause for revocation of a permit if the work is not commenced, prosecuted with due diligence, and completed or the water applied to beneficial use as contemplated in the permit and in accordance with this division and the rules and regulations of the board.
(b) A permit may be revoked upon request of the permittee or under either of the following procedures:
(1) If, after a hearing on a petition for extension of time to complete a project and apply water to beneficial use, the board finds that cause exists to revoke the permit, the board may revoke the permit.
(2) If, after an investigation other than a hearing on a petition for extension of time, it appears that cause exists to revoke a permit, the board shall give notice of proposed revocation in writing, mailed in a sealed, prepaid postage and certified letter to the permittee at his or her last known address. If the permittee fails to request a hearing with the time provided under Section 1410.1, the board shall revoke the permit and declare the water subject to appropriation. After a hearing, when a hearing is requested by the permittee pursuant to Section 1410.1, the board may, upon a finding that cause exists, revoke the permit and declare the water subject to appropriation.
(Amended by Stats. 2010, Ch. 288, Sec. 13. (SB 1169) Effective January 1, 2011.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6 - Permits › ARTICLE 5 - Revocation of Permit › Section 1410.1.

1410.1. The notice of proposed revocation of the permit pursuant to paragraph (2) of subdivision (b) of Section 1410 shall contain a statement of facts and information upon which the proposed revocation is based, and shall include a statement substantially in the following form:
Unless a written request for a hearing signed by or on behalf of the permittee is delivered or mailed to the board within 15 days after receipt of this notice, the board may act upon the proposed revocation of the permit without a hearing. Any request for a hearing may be made by delivering or mailing the request to the board at the address given on the notice.
(Amended by Stats. 1986, Ch. 670, Sec. 5.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6 - Permits › ARTICLE 5 - Revocation of Permit › Section 1410.2.

1410.2. In any case when a permit is revoked without a hearing, as provided in Section 1410.1, the permittee, within 90 days of the date of the order of revocation, may file with the board a request to set aside the revocation, and the board, for good cause shown, may reinstate the permit.
(Added by Stats. 1971, Ch. 794.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6.5 - Temporary Permits › ARTICLE 1 - Temporary Urgency Permits › Section 1425.

1425. (a) Any person, whether or not an applicant, permittee, or licensee under provisions of this division other than this article, who has an urgent need to divert and use water may apply for, and the board may issue, a conditional, temporary permit without complying with other procedures or provisions of this division, but subject to all requirements of this article.
(b) Prior to issuing a permit pursuant to this article, the board shall make all of the following findings:
(1) The applicant has an urgent need for the water proposed to be diverted and used.
(2) The water may be diverted and used without injury to any lawful user of water.
(3) The water may be diverted and used without unreasonable effect upon fish, wildlife, or other instream beneficial uses.
(4) The proposed diversion and use are in the public interest, including findings to support permit conditions imposed to ensure that the water is diverted and used in the public interest, without injury to any lawful user of water, and without unreasonable effect upon fish, wildlife, and other instream beneficial uses.
(c) “Urgent need,” for the purposes of this article, means the existence of circumstances from which the board may in its judgment conclude that the proposed temporary diversion and use is necessary to further the constitutional policy that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that waste of water be prevented; except that the board shall not find an applicant’s need to be urgent if the board in its judgment concludes, if applicable, that the applicant has not exercised due diligence either (1) in making application for a permit pursuant to provisions of this division other than this article, or (2) in pursuing that application to permit.
(d) The board may delegate to any officer or employee of the board all or any of its functions under this article, as provided in Section 7.
(Amended by Stats. 2019, Ch. 678, Sec. 5. (AB 658) Effective January 1, 2020.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6.5 - Temporary Permits › ARTICLE 1 - Temporary Urgency Permits › Section 1426.

1426. The application for a temporary permit shall be completed in accordance with the provisions of Section 1260 and shall be accompanied by such maps, drawings, and other data as may be required by the board, and the applicant shall pay an application fee, and a permit fee if a temporary permit is issued, both computed in accordance with the provisions of Chapter 8 (commencing with Section 1525) of this part.
(Added by Stats. 1973, Ch. 536.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6.5 - Temporary Permits › ARTICLE 1 - Temporary Urgency Permits › Section 1427.

1427. Before making the findings required by Section 1425, the board shall do all of the following:
(a) Review available records, files, and decisions that relate to the availability of water from the source at the proposed point of diversion to serve the proposed temporary diversion and use, and that relate to the rights of downstream users.
(b) Consult with representatives of the Department of Fish and Wildlife.
(c) Make a field investigation, if necessary or desirable in the opinion of the board.
(Amended by Stats. 2015, Ch. 683, Sec. 53. (SB 798) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6.5 - Temporary Permits › ARTICLE 1 - Temporary Urgency Permits › Section 1428.

1428. The board may issue a temporary permit in advance of the notice required by this section. In all cases, whether or not a temporary permit has been issued, the board shall, as soon as practicable after the receipt of an application, issue and deliver to the applicant or permittee a notice of the application or permit, which includes the information required by Section 1301. Publication or posting of the notice shall be as follows:
(a) If the application or permit is for more than three cubic feet per second or for more than 200 acre-feet of storage, and if the permit is to remain in effect for more than 30 days, the notice shall be published by and at the expense of the applicant or permittee at the earliest practicable time, not to exceed 20 days from the date of issuance of the notice, in a newspaper having a general circulation and published within the county wherein the point of diversion lies. Proof of publication shall be by copy of the notice as published and made part of an affidavit filed with the board within 10 days of publication.
(b) In all other cases, unless the permit is to be in effect less than 10 days:
(1) The applicant or permittee shall post the notice in at least two conspicuous places in the locality to be affected by the diversion and use. Notices shall be posted not later than two days after receipt of the notice by the applicant or permittee. An affidavit containing proof of posting shall be filed with the board within seven days of the date of notice.
(2) The board shall send a copy of the notice by registered mail to each person who, in the judgment of the board, could be adversely affected by the temporary diversion and use.
(c) Regardless of the rate of diversion or the amount of storage, if the permit is to be in effect less than 10 days, the board shall exercise its discretion with respect to requiring notice, both before and after issuance of the temporary permit, and may require such proof of notice as it deems appropriate.
(d) Any interested person may file objection to the temporary diversion and use with the board and shall send a copy to the applicant or permittee.
(e) The board shall give prompt consideration to any objection, and may hold a hearing thereon, after notice to all interested persons.
(f) Failure of the permittee to comply with any requirement of this section shall result in the automatic termination of the temporary permit.
(Amended by Stats. 1978, Ch. 563.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6.5 - Temporary Permits › ARTICLE 1 - Temporary Urgency Permits › Section 1429.

1429. The board shall supervise diversion and use of water under the temporary permit for the protection of all lawful users of waters and instream beneficial uses and for compliance with permit conditions.
(Amended by Stats. 1986, Ch. 455, Sec. 3.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6.5 - Temporary Permits › ARTICLE 1 - Temporary Urgency Permits › Section 1430.

1430. A temporary permit issued under this article shall not result in the creation of a vested right, even of a temporary nature, but shall be subject at all times to modification or revocation in the discretion of the board. The authorization to divert and use water under a temporary permit shall automatically expire 180 days after the authorization takes effect, unless an earlier date is specified or the temporary permit is revoked. The 180-day period does not include any time required for monitoring, reporting, or mitigation before or after the authorization to divert or use water under the temporary permit. If the temporary permit authorizes diversion to storage, the 180-day period is a limitation on the authorization to divert and not a limitation on the authorization for beneficial use of water diverted to storage.
(Amended by Stats. 2019, Ch. 678, Sec. 6. (AB 658) Effective January 1, 2020.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6.5 - Temporary Permits › ARTICLE 1 - Temporary Urgency Permits › Section 1431.

1431. A temporary permit issued under this article may be renewed by the board. Requests for renewals shall be processed in the manner provided by this article, except that the permittee shall not be required to file duplicate maps, drawings, or other data if they were furnished with the original application. Each such renewal shall be valid for a period not to exceed 180 days from the date of renewal.
(Amended by Stats. 2019, Ch. 678, Sec. 7. (AB 658) Effective January 1, 2020.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6.5 - Temporary Permits › ARTICLE 2 - Temporary Permits for Diversion to Underground Storage › Section 1433.

1433. (a) Unless the context otherwise requires, the following definitions govern the construction of this article:
(1) “Basin” has the same meaning as defined in Section 10721.
(2) “Groundwater sustainability agency” has the same meaning as defined in Section 10721.
(3) “Local agency” has the same meaning as defined in Section 10721.
(b) This article shall not apply to diversions within the groundwater basins identified in paragraph (24) of subdivision (a) of, or subdivision (c) of, Section 10720.8.
(Added by Stats. 2019, Ch. 678, Sec. 8. (AB 658) Effective January 1, 2020.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6.5 - Temporary Permits › ARTICLE 2 - Temporary Permits for Diversion to Underground Storage › Section 1433.3.

1433.3. (a) As soon as practicable after the receipt of an application, the board shall issue and deliver to the applicant a notice of the application that includes the information required by Section 1301 and a list of persons who, in the judgment of the board, could be adversely affected by the temporary diversion and use. The board shall post the notice to its internet website within 10 days of issuing the notice to the applicant.
(b) The applicant shall provide notice by registered or electronic mail to each person on the list of interested persons provided by the board and the list of interested persons maintained by any groundwater sustainability agency or local agency for the basin where the water is proposed to be stored. The applicant shall provide proof of notice to the board.
(c) Any interested person may file an objection to the temporary diversion and use with the board within 30 days of the mailing of the notice by the applicant. A person filing an objection shall send a copy to the applicant.
(d) The board shall consider an objection, and may hold a hearing on the objection after notice to all interested persons, before acting upon an application for a permit.
(Added by Stats. 2019, Ch. 678, Sec. 8. (AB 658) Effective January 1, 2020.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6.5 - Temporary Permits › ARTICLE 2 - Temporary Permits for Diversion to Underground Storage › Section 1433.4.

1433.4. The board shall supervise diversion and use of water under a permit issued under this article for the protection of all lawful users of water, for protection of beneficial uses, including instream beneficial uses, the ability to meet water quality objectives, and for compliance with permit conditions. The permit may require a person who extracts water stored under the permit to comply with regulatory and permitting requirements for groundwater extraction set by the groundwater sustainability plan or alternative approved pursuant to Section 10733.6 for the basin.
(Added by Stats. 2019, Ch. 678, Sec. 8. (AB 658) Effective January 1, 2020.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6.5 - Temporary Permits › ARTICLE 2 - Temporary Permits for Diversion to Underground Storage › Section 1433.5.

1433.5. A permit issued under this article shall not result in the creation of a vested right, even of a temporary nature. The permit is subject, at all times, to modification or revocation at the discretion of the board, after the permittee has adequate notice and an adequate opportunity to be heard concerning any proposed modification or revocation. The authorization to divert and use water under the permit shall automatically expire five years after the authorization takes effect, unless an earlier date is specified or the temporary permit is revoked, and shall be junior in priority to any subsequent appropriation not subject to this chapter. The five-year period does not include any time required for monitoring, reporting, or mitigation before or after the authorization to divert or use water under the permit. The five-year period is a limitation on the authorization to divert and not a limitation on the authorization for beneficial use of the water diverted to underground storage.
(Added by Stats. 2019, Ch. 678, Sec. 8. (AB 658) Effective January 1, 2020.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6.5 - Temporary Permits › ARTICLE 2 - Temporary Permits for Diversion to Underground Storage › Section 1433.6.

1433.6. The board may renew a permit issued under this article if the board, in its judgment, concludes that the applicant has exercised due diligence in applying for a permit pursuant to provisions of this division, other than this chapter, and in pursuing that application once it is filed. The board shall process a request for a renewal of a permit issued under this article pursuant to this article. The board may request the permittee to file maps, drawings, or other data furnished with the original application for the permit. Each renewal of a permit issued under this article shall be valid for a period not to exceed five years from the date of renewal.
(Added by Stats. 2019, Ch. 678, Sec. 8. (AB 658) Effective January 1, 2020.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6.6 - Temporary Changes › ARTICLE 1 - Temporary Urgency Changes › Section 1435.

1435. (a) Any permittee or licensee who has an urgent need to change a point of diversion, place of use, or purpose of use from that specified in the permit or license may petition for, and the board may issue, a conditional, temporary change order without complying with other procedures or provisions of this division, but subject to all requirements of this article.
(b) Prior to issuing a change order pursuant to this article, the board shall make all of the following findings:
(1) The permittee or licensee has an urgent need to make the proposed change.
(2) The proposed change may be made without injury to any other lawful user of water.
(3) The proposed change may be made without unreasonable effect upon fish, wildlife, or other instream beneficial uses.
(4) The proposed change is in the public interest, including findings to support change order conditions imposed to ensure that the change is in the public interest, and may be made without injury to any other lawful user of the water, and without unreasonable effect upon fish, wildlife, and other instream beneficial uses.
(c) “Urgent need,” for the purposes of this article, means the existence of circumstances from which the board may in its judgment conclude that the proposed temporary change is necessary to further the constitutional policy that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that waste of water be prevented; except that the board shall not find a petitioner’s need to be urgent if the board in its judgment concludes, if applicable, that the petitioner has not exercised due diligence either (1) in petitioning for a change pursuant to provisions of this division other than this article, or (2) in pursuing that petition for change.
(d) The board may delegate to any officer or employee of the board all or any of its functions under this article, as provided in Section 7.
(Amended by Stats. 2019, Ch. 678, Sec. 11. (AB 658) Effective January 1, 2020.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6.6 - Temporary Changes › ARTICLE 1 - Temporary Urgency Changes › Section 1436.

1436. The petition for a temporary change order shall be completed in accordance with the rules of the board, and the petitioner shall pay the fee required by Chapter 8 (commencing with Section 1525).
(Added by Stats. 1982, Ch. 867, Sec. 6.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 6.6 - Temporary Changes › ARTICLE 1 - Temporary Urgency Changes › Section 1437.

1437. Before making the findings required by Section 1435, the board shall review available records, files, and decisions that relate to the rights of other legal users of water, consult with representatives of the Department of Fish and Wildlife, and make a field investigation if the investigation is necessary or desirable in the opinion of the board.
(Amended by Stats. 2015, Ch. 683, Sec. 55. (SB 798) Effective January 1, 2016.)