reglab/statecodes huggingface dataset:
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 11 - Joint Use and Development › ARTICLE 3 - Enlargement of Existing Works of Another › Section 1800.

1800. If it appears to the board that the full capacity of the works built or constructed, or being built or constructed, under an appropriation of water under the Water Commission Act or this code, will not develop the full capacity of the stream at that point, and that the public good requires it, and the board specifically so finds after investigation and hearing of the persons interested, the board may permit any person to repair, improve, add to, supplement, or enlarge, at his own expense, any works already so built or constructed or in process of being so built or constructed under the provisions of this division, and to use the works jointly with the owners thereof.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 11 - Joint Use and Development › ARTICLE 3 - Enlargement of Existing Works of Another › Section 1801.

1801. The repairing, improving, adding to, supplementing, or enlarging of works under this article, shall not materially interfere with the proper use thereof by the owner of the works nor materially injure the works.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 11 - Joint Use and Development › ARTICLE 4 - Joint Use of Capacity in Water Conveyance Facilities › Section 1810.

1810. Notwithstanding any other provision of law, neither the state, nor any regional or local public agency may deny a bona fide transferor of water the use of a water conveyance facility which has unused capacity, for the period of time for which that capacity is available, if fair compensation is paid for that use, subject to the following:
(a) Any person or public agency that has a long-term water service contract with or the right to receive water from the owner of the conveyance facility shall have the right to use any unused capacity prior to any bona fide transferor.
(b) The commingling of transferred water does not result in a diminution of the beneficial uses or quality of the water in the facility, except that the transferor may, at the transferor’s own expense, provide for treatment to prevent the diminution, and the transferred water is of substantially the same quality as the water in the facility.
(c) Any person or public agency that has a water service contract with or the right to receive water from the owner of the conveyance facility who has an emergency need may utilize the unused capacity that was made available pursuant to this section for the duration of the emergency.
(d) This use of a water conveyance facility is to be made without injuring any legal user of water and without unreasonably affecting fish, wildlife, or other instream beneficial uses and without unreasonably affecting the overall economy or the environment of the county from which the water is being transferred.
(Added by Stats. 1986, Ch. 918, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 11 - Joint Use and Development › ARTICLE 4 - Joint Use of Capacity in Water Conveyance Facilities › Section 1811.

1811. As used in this article, the following terms shall have the following meanings:
(a) “Bona fide transferor” means a person or public agency as defined in Section 20009 of the Government Code with a contract for sale of water that may be conditioned upon the acquisition of conveyance facility capacity to convey the water that is the subject of the contract.
(b) “Emergency” means a sudden occurrence such as a storm, flood, fire, or an unexpected equipment outage impairing the ability of a person or public agency to make water deliveries.
(c) “Fair compensation” means the reasonable charges incurred by the owner of the conveyance system, including capital, operation, maintenance, and replacement costs, increased costs from any necessitated purchase of supplemental power, and including reasonable credit for any offsetting benefits for the use of the conveyance system.
(d) “Replacement costs” mean the reasonable portion of costs associated with material acquisition for the correction of irreparable wear or other deterioration of conveyance facility parts that have an anticipated life that is less than the conveyance facility repayment period and which costs are attributable to the proposed use.
(e) “Unused capacity” means space that is available within the operational limits of the conveyance system and that the owner is not using during the period for which the transfer is proposed and which space is sufficient to convey the quantity of water proposed to be transferred.
(Amended by Stats. 1998, Ch. 485, Sec. 161. Effective January 1, 1999.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 11 - Joint Use and Development › ARTICLE 4 - Joint Use of Capacity in Water Conveyance Facilities › Section 1812.

1812. The state, regional, or local public agency owning the water conveyance facility shall in a timely manner determine the following:
(a) The amount and availability of unused capacity.
(b) The terms and conditions, including operation and maintenance requirements and scheduling, quality requirements, term or use, priorities, and fair compensation.
(Added by Stats. 1986, Ch. 918, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 11 - Joint Use and Development › ARTICLE 4 - Joint Use of Capacity in Water Conveyance Facilities › Section 1813.

1813. In making the determinations required by this article, the respective public agency shall act in a reasonable manner consistent with the requirements of law to facilitate the voluntary sale, lease, or exchange of water and shall support its determinations by written findings. In any judicial action challenging any determination made under this article the court shall consider all relevant evidence, and the court shall give due consideration to the purposes and policies of this article. In any such case the court shall sustain the determination of the public agency if it finds that the determination is supported by substantial evidence.
(Added by Stats. 1986, Ch. 918, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 11 - Joint Use and Development › ARTICLE 4 - Joint Use of Capacity in Water Conveyance Facilities › Section 1814.

1814. This article shall apply to only 70 percent of the unused capacity.
(Added by Stats. 1986, Ch. 918, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 12 - Enforcement of Water Rights › ARTICLE 1 - Policy › Section 1825.

1825. It is the intent of the Legislature that the state take vigorous action to enforce the terms and conditions of permits, licenses, certifications, and registrations to appropriate water, to enforce state board orders and decisions, and to prevent the unlawful diversion of water.
(Amended by Stats. 2018, Ch. 92, Sec. 215. (SB 1289) Effective January 1, 2019.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 12 - Enforcement of Water Rights › ARTICLE 2 - Cease and Desist Orders › Section 1831.

1831. (a) When the board determines that any person is violating, or threatening to violate, any requirement described in subdivision (d), the board may issue an order to that person to cease and desist from that violation.
(b) The cease and desist order shall require that person to comply forthwith or in accordance with a time schedule set by the board.
(c) The board may issue a cease and desist order only after notice and an opportunity for hearing pursuant to Section 1834.
(d) The board may issue a cease and desist order in response to a violation or threatened violation of any of the following:
(1) The prohibition set forth in Section 1052 against the unauthorized diversion or use of water subject to this division.
(2) Any term or condition of a permit, license, certification, or registration issued under this division.
(3) Any decision or order of the board issued under this part, Section 275, Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, or Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, in which decision or order the person to whom the cease and desist order will be issued, or a predecessor in interest to that person, was named as a party directly affected by the decision or order.
(4) A regulation adopted by the board.
(5) Any extraction restriction, limitation, order, or regulation adopted or issued under Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6.
(6) Any diversion or use of water for cannabis cultivation if any of paragraphs (1) to (5), inclusive, or any of the following applies:
(A) A license is required, but has not been obtained, under Chapter 6 (commencing with Section 26060) of, or Chapter 7 (commencing with Section 26070) of, Division 10 of the Business and Professions Code.
(B) The diversion is not in compliance with an applicable limitation or requirement established by the board or the Department of Fish and Wildlife under Section 13149.
(C) The diversion or use is not in compliance with a requirement imposed under paragraphs (1) and (2) of subdivision (b) of Section 26060.1 of, and paragraph (3) of subdivision (a) of Section 26070 of, the Business and Professions Code.
(7) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1.
(e) This article does not alter the regulatory authority of the board under other provisions of law.
(Amended by Stats. 2023, Ch. 51, Sec. 28. (SB 122) Effective July 10, 2023.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 12 - Enforcement of Water Rights › ARTICLE 2 - Cease and Desist Orders › Section 1832.

1832. Cease and desist orders of the board shall be effective upon the issuance thereof. The board may, after notice and opportunity for hearing, upon its own motion or upon receipt of an application from an aggrieved person, modify, revoke, or stay in whole or in part any cease and desist order issued pursuant to this chapter.
(Amended by Stats. 2002, Ch. 652, Sec. 7. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 12 - Enforcement of Water Rights › ARTICLE 2 - Cease and Desist Orders › Section 1834.

1834. (a) In the event that a violation of a requirement described in subdivision (d) of Section 1831 is occurring or threatening to occur, the board shall give notice 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 pursuant to which the party shall be informed that they may request a hearing not later than 20 days from the date on which the notice is received. The notice shall contain a statement of facts and information that would tend to show the proscribed action, and notification of the requirements of subdivision (b). 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.
(b) Unless a written request for a hearing signed by or on behalf of the notified party is delivered to or received by mail by the board within 20 days after receipt of the notice, the board may adopt a cease and desist order, based on the statement of facts and information set forth in the notice, without a hearing.
(Amended by Stats. 2023, Ch. 158, Sec. 4. (SB 756) Effective January 1, 2024.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 12 - Enforcement of Water Rights › ARTICLE 2 - Cease and Desist Orders › Section 1835.

1835. As used in this chapter, “person” includes any city, county, district, the state, or any department or agency thereof, and the United States to the extent authorized by law.
(Added by Stats. 1980, Ch. 933, Sec. 13.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 12 - Enforcement of Water Rights › ARTICLE 2 - Cease and Desist Orders › Section 1836.

1836. Nothing in this chapter shall preclude the board from issuing any order or taking any other action authorized pursuant to Sections 275 and 1052.
(Added by Stats. 1980, Ch. 933, Sec. 13.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 12 - Enforcement of Water Rights › ARTICLE 3 - Monitoring and Reporting › Section 1841.

1841. (a) The board may adopt regulations requiring measurement and reporting of water diversion and use by either of the following:
(1) Persons authorized to appropriate water under a permit, license, registration for small domestic, small irrigation, or livestock stockpond use, or certification for livestock stockpond use.
(2) Persons required to comply with measurement and reporting regulations pursuant to subparagraph (B) of paragraph (1) of subdivision (e) of Section 5103.
(b) The initial regulations that the board adopts pursuant to this section shall be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of the initial regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted under this section shall remain in effect until revised by the board.
(c) The adoption of the initial regulations pursuant to this article is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code.
(Added by Stats. 2015, Ch. 27, Sec. 15. (SB 88) Effective June 24, 2015.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 12 - Enforcement of Water Rights › ARTICLE 3 - Monitoring and Reporting › Section 1841.5.

1841.5. (a) For the purposes of a device installed pursuant to Section 1840 or 1841 or a method of measurement proposed and adopted pursuant to Section 934 or 935 of Title 23 of the California Code of Regulations, any diverter who has completed an instructional course regarding the devices or measurement method included in the course administered by the University of California Cooperative Extension, including passage of a proficiency test before the completion of the course, shall be considered a qualified individual when installing and maintaining devices or implementing methods of measurement that were taught in the course for the diverter’s diversion. The proficiency test shall seek to certify that the diverter has a satisfactory understanding of the principles of measurement and the use of a measurement method included in the course or the installation of a device. The University of California Cooperative Extension and the board shall develop the curriculum of the course and the proficiency test. The University of California Cooperative Extension and the board shall ensure the course curriculum and the proficiency test do not conflict with any state licensing acts.
(b) For purposes of this section, “diverter” means an individual authorized to divert water under a valid water right, a lessee of property that is subject to a water right who is acting as a representative of the water right holder, or a bona fide employee of the water right holder or lessee.
(Amended by Stats. 2022, Ch. 221, Sec. 1. (SB 880) Effective January 1, 2023.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 12 - Enforcement of Water Rights › ARTICLE 4 - Enforcement › Section 1845.

1845. (a) Upon the failure of any person to comply with a cease and desist order issued by the board pursuant to this chapter, the Attorney General, upon the request of the board, shall petition the superior court for the issuance of prohibitory or mandatory injunctive relief as appropriate, including a temporary restraining order, preliminary injunction, or permanent injunction.
(b) (1) A person or entity who violates a cease and desist order issued pursuant to this chapter may be liable in an amount not to exceed the following:
(A) If the violation occurs in a critically dry year immediately preceded by two or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions, ten thousand dollars ($10,000) for each day in which the violation occurs.
(B) If the violation is not described by subparagraph (A), one thousand dollars ($1,000) for each day in which the violation occurs.
(2) Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums.
(3) Civil liability may be imposed administratively by the board pursuant to Section 1055.
(Amended by Stats. 2016, Ch. 32, Sec. 99. (SB 837) Effective June 27, 2016.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 12 - Enforcement of Water Rights › ARTICLE 4 - Enforcement › Section 1846.

1846. (a) A person or entity may be liable for a violation of any of the following in an amount not to exceed five hundred dollars ($500) for each day in which the violation occurs:
(1) A term or condition of a permit, license, certificate, or registration issued under this division.
(2) A regulation or order adopted by the board.
(3) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1.
(b) Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums.
(c) Civil liability may be imposed administratively by the board pursuant to Section 1055.
(Amended by Stats. 2023, Ch. 51, Sec. 29. (SB 122) Effective July 10, 2023.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 12 - Enforcement of Water Rights › ARTICLE 4 - Enforcement › Section 1846.5.

1846.5. (a) An urban retail water supplier who commits any of the violations identified in subdivision (b) may be liable in an amount not to exceed the following, as applicable:
(1) If the violation occurs in a critically dry year immediately preceded by two or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions, ten thousand dollars ($10,000) for each day in which the violation occurs.
(2) For all violations other than those described in paragraph (1), one thousand dollars ($1,000) for each day in which the violation occurs.
(b) Liability pursuant to this section may be imposed for any of the following violations:
(1) Violation of an order issued under Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6.
(2) Violation of a regulation issued under Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6, if the violation occurs after November 1, 2027.
(c) Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums.
(d) Civil liability may be imposed administratively by the board pursuant to Section 1055.
(Added by Stats. 2018, Ch. 15, Sec. 3. (AB 1668) Effective January 1, 2019.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 12 - Enforcement of Water Rights › ARTICLE 4 - Enforcement › Section 1847.

1847. (a) A person or entity may be liable for a violation of any of the requirements of subdivision (b) in an amount not to exceed the sum of the following:
(1) Five hundred dollars ($500), plus two hundred fifty dollars ($250) for each additional day on which the violation continues if the person fails to correct the violation within 30 days after the board has called the violation to the attention of that person.
(2) Two thousand five hundred dollars ($2,500) for each acre-foot of water diverted or used in violation of the applicable requirement.
(b) Liability may be imposed for any of the following violations:
(1) Violation of a principle, guideline, or requirement established by the board or the Department of Fish and Wildlife under Section 13149.
(2) Failure to submit information, or making a material misstatement in information submitted, under Section 26060.1 of the Business and Professions Code.
(3) Violation of any requirement imposed under subdivision (b) of Section 26060.1 of the Business and Professions Code.
(4) Diversion or use of water for cannabis cultivation for which a license is required, but has not been obtained, under Chapter 6 (commencing with Section 26060) or Chapter 7 (commencing with Section 26070) of Division 10 of the Business and Professions Code.
(c) Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums.
(d) Civil liability may be imposed administratively by the board pursuant to Section 1055.
(Amended by Stats. 2017, Ch. 27, Sec. 176. (SB 94) Effective June 27, 2017.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 12 - Enforcement of Water Rights › ARTICLE 4 - Enforcement › Section 1848.

1848. (a) Except as provided in subdivisions (b) and (c), remedies under this chapter are in addition to, and do not supersede or limit, any other remedy, civil or criminal.
(b) Civil liability shall not be imposed both administratively and by the superior court for the same violation.
(c) No liability shall be recoverable under Section 1846 or 1847 for a violation for which liability is recovered under Section 1052.
(d) In determining the appropriate amount, the court, or the board, as the case may be, 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.
(e) All funds recovered pursuant to this article shall be deposited in the Water Rights Fund established pursuant to Section 1550.
(Added by Stats. 2016, Ch. 32, Sec. 102. (SB 837) Effective June 27, 2016.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 12 - Enforcement of Water Rights › ARTICLE 5 - Private Litigation › Section 1850.

1850. Any factual or legal determinations made pursuant to a cease and desist order shall be conclusive and shall preclude any party to the order from raising those issues in any subsequent administrative proceeding.
(Amended by Stats. 2002, Ch. 652, Sec. 11. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 12 - Enforcement of Water Rights › ARTICLE 5 - Private Litigation › Section 1851.

1851. Nothing in this chapter shall be construed to limit or abridge the right of any person to bring an action for equitable or legal relief for harm caused by an unauthorized diversion or a violation of a term or condition of a permit or license. No such person shall be required to exhaust any administrative remedy provided by this chapter before bringing such an action.
(Added by Stats. 1980, Ch. 933, Sec. 13.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 1 - Reference by Courts of This State › ARTICLE 1 - Subjects of Reference › Section 2000.

2000. In any suit brought in any court of competent jurisdiction in this State for determination of rights to water, the court may order a reference to the board, as referee, of any or all issues involved in the suit.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 1 - Reference by Courts of This State › ARTICLE 1 - Subjects of Reference › Section 2001.

2001. In any suit brought in any court of competent jurisdiction in this State for determination of rights to water, the court may refer the suit to the board for investigation of and report upon any or all of the physical facts involved.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 1 - Reference by Courts of This State › ARTICLE 2 - Report of Referee › Section 2010.

2010. The board may base its report solely upon its own investigations or in addition thereto may hold hearings and take testimony.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 1 - Reference by Courts of This State › ARTICLE 2 - Report of Referee › Section 2011.

2011. The report of the board as referee may contain such opinion upon the law and the facts as it deems proper in view of the issues submitted.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 1 - Reference by Courts of This State › ARTICLE 2 - Report of Referee › Section 2012.

2012. The report shall set forth such findings of fact and conclusions of law as may be required by the court’s order of reference.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 1 - Reference by Courts of This State › ARTICLE 2 - Report of Referee › Section 2013.

2013. Before filing its report the board shall announce it in the form of a draft.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 1 - Reference by Courts of This State › ARTICLE 2 - Report of Referee › Section 2014.

2014. The board shall mail notice of the draft, together with a copy of the draft, to the parties or their attorneys.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 1 - Reference by Courts of This State › ARTICLE 2 - Report of Referee › Section 2015.

2015. Within 30 days after the date of the mailing of the draft, or within such further time as the court may for good cause allow, any party may file objections to it with the board.
(Amended by Stats. 1961, Ch. 132.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 1 - Reference by Courts of This State › ARTICLE 2 - Report of Referee › Section 2016.

2016. After the objections have been considered by the board or a hearing has been held thereon if deemed advisable by it, the board shall file its report as referee with the clerk of the court and give notice by mail of the filing of its report to the parties or their attorneys.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 1 - Reference by Courts of This State › ARTICLE 2 - Report of Referee › Section 2017.

2017. The report of the board as referee is subject to review by the court upon exceptions thereto filed with the clerk of the court within 30 days after date of mailing notice of the filing of the report.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 1 - Reference by Courts of This State › ARTICLE 2 - Report of Referee › Section 2018.

2018. No exception to the report shall be considered, except in the court’s discretion or for good cause shown, unless it appears that the matter of the exception was presented to the board in the form of an objection.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 1 - Reference by Courts of This State › ARTICLE 2 - Report of Referee › Section 2019.

2019. The report filed by the board is prima facie evidence of the physical facts therein found; but the court shall hear such evidence as may be offered by any party to rebut the report or the prima facie evidence.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 1 - Reference by Courts of This State › ARTICLE 2 - Report of Referee › Section 2020.

2020. (a) At any time after filing of the report by the board as provided in Section 2016 the board, if it appears that underground water is being pumped in an amount which, if not restricted, would destroy or irreparably injure the waters of the basin due to ocean water intrusion before final judgment can be had, may, on notice, pursuant to the provisions of Section 527 of the Code of Civil Procedure, apply to the court for a preliminary injunction, restricting the pumping of water of the basin so as to avoid irreparable injury to, or destruction of, the waters of the basin, and the court may issue the injunction, subject to the provisions of Section 2021, equitably restricting and apportioning the reduction in the pumping of water.
(b) The provisions of this section apply only to actions to determine rights to waters of underground basins located in the arid, southern coastal area defined by the exterior boundaries of the Counties of Santa Barbara, Ventura, Los Angeles, Orange, and San Diego.
(Amended by Stats. 1982, Ch. 517, Sec. 403.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 1 - Reference by Courts of This State › ARTICLE 2 - Report of Referee › Section 2021.

2021. Where a preliminary injunction has been granted pursuant to Section 2020, the final judgment shall equitably compensate in quantities of water for such variations as there may be between the rights of the parties to the use of water on which such preliminary injunction is based, and as such rights are determined in such final judgment.
(Added by Stats. 1953, Ch. 1690.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 1 - Reference by Courts of This State › ARTICLE 3 - Expenses of Reference › Section 2040.

2040. In acting pursuant to this chapter the board shall not be entitled to any fee for its services but shall be paid or reimbursed the total expense incurred by it, including salaries, wages, traveling expenses, and all costs of whatsoever character which are properly chargeable to the reference.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 1 - Reference by Courts of This State › ARTICLE 3 - Expenses of Reference › Section 2041.

2041. If the funds available for use by the board are inadequate to permit it to advance the expense of a reference, or if in its opinion the payment of the expense of any reference is not reasonably certain, the board shall refuse to undertake a reference unless and until adequate provision is made by the parties and approved by the court for the payment of the expenses.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 1 - Reference by Courts of This State › ARTICLE 3 - Expenses of Reference › Section 2042.

2042. During the pendency of any reference, upon motion of the board and upon a hearing by the court after at least 10 days’ notice to the parties, the court may order such interim or partial payments of the expense to be made by the parties as it deems proper and equitable under the circumstances.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 1 - Reference by Courts of This State › ARTICLE 3 - Expenses of Reference › Section 2043.

2043. The total expense shall be equitably apportioned by the board against the parties to the suit, and a statement thereof and of the apportionment shall be sent by registered mail by the board to the parties and filed with the court.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 1 - Reference by Courts of This State › ARTICLE 3 - Expenses of Reference › Section 2045.

2045. Upon application in writing by any party aggrieved within 30 days after the statement of final expense and its apportionment has been mailed to the parties, the court shall after expiration of that period set a hearing for the determination of any objections to the expense of the reference or to the apportionment thereof. The clerk of the court shall, at least 10 days prior to the date of hearing, give notice thereof by mail to all parties.
(Amended by Stats. 1955, Ch. 631.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 1 - Reference by Courts of This State › ARTICLE 3 - Expenses of Reference › Section 2046.

2046. Any party failing to object to the expense of a reference or the apportionment thereof is conclusively deemed to have waived all objection thereto.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 1 - Reference by Courts of This State › ARTICLE 3 - Expenses of Reference › Section 2047.

2047. If no objection is filed with the court within the prescribed period, the court upon ex parte application of the board shall enter a judgment against the parties in favor of the board in the amounts apportioned to them.
(Amended by Stats. 1963, Ch. 329.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 1 - Reference by Courts of This State › ARTICLE 3 - Expenses of Reference › Section 2048.

2048. Upon the hearing of objections to the expense or the apportionment thereof the court shall determine the expense and its apportionment as the court deems equitable and shall enter judgment against the parties in favor of the board in the amounts apportioned to them.
(Amended by Stats. 1963, Ch. 329.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 2 - References in Federal Courts › Section 2075.

2075. In case suit is brought in a federal court for determination of rights to water within, or partially within, this State, the board may accept a reference of such suit as master or referee for the court.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 2.5 - Adjudications to Protect the Quality of Ground Water › Section 2100.

2100. After the department has submitted to the board recommendations for the protection of the quality of ground water pursuant to Section 12617.1 or 12923.1 of this code, or in reliance upon investigation by any governmental agency, the board may file an action in the superior court to restrict pumping, or to impose physical solutions, or both, to the extent necessary to prevent destruction of or irreparable injury to the quality of such water. In such action, all of the claimants to the use of the affected water known to the board, except claimants to the use of minor quantities of water as defined in Section 2102, shall be named as defendants. In any watershed or ground water basin wherein (a) all or substantially all of the rights to water have been adjudicated and the court has retained continuing jurisdiction arising from the adjudication, or (b) wherein such action is pending, any such proceedings by the board shall be undertaken only by intervention by the board in such existing action.
(Added by Stats. 1969, Ch. 482.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 2.5 - Adjudications to Protect the Quality of Ground Water › Section 2101.

2101. (a) Before filing or intervening in any such action the board shall hold a public hearing on the necessity for restricting ground water pumping or for a physical solution in order to protect the quality of water from destruction or irreparable injury. The board shall serve notice of such hearing as provided in Section 6066 of the Government Code and shall mail a copy of such notice to each producer of ground water within the area proposed for investigation, to the extent that such producers of ground water are known to the board, at least 15 days prior to the date of such hearing, except that notice need not be mailed to producers of minor quantities of water as defined in Section 2102.
(b) In the event the board decides that the rights to the use of the ground water must be adjudicated in order to require the restriction of pumping or physical solution necessary to preserve it from destruction or irreparable injury to quality, the board shall first determine whether any local public agency overlying all or a part of the ground water basin will undertake such adjudication of water rights. If such local agency commences an adjudication, the board shall take no further action, except that the board may, through the Attorney General, become a party to such action.
(c) In the event no local agency commences such action within 90 days after notice of the decision of the board, the board shall file such action.
(Added by Stats. 1969, Ch. 482.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 2.5 - Adjudications to Protect the Quality of Ground Water › Section 2102.

2102. As used in this article, “minor quantities of water” refers to the extraction by any person of not to exceed 10 acre-feet of ground water annually.
(Added by Stats. 1969, Ch. 482.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 1 - General Provisions › Section 2500.

2500. As used in this chapter, “stream system” includes stream, lake, or other body of water, and tributaries and contributory sources, but does not include an underground water supply other than a subterranean stream flowing through known and definite channels.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 1 - General Provisions › Section 2500.5.

2500.5. (a) As used in this chapter with respect to the Scott River in Siskiyou County, “stream system” includes ground water supplies which are interconnected with the Scott River, but does not include any other underground water supply.
(b) The Legislature finds and declares that by reason of the geology and hydrology of the Scott River, it is necessary to include interconnected ground waters in any determination of the rights to the water of the Scott River as a foundation for a fair and effective judgment of such rights, and that it is necessary that the provisions of this section apply to the Scott River only.
(c) If this section is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter, or of any proceedings thereunder, but shall affect only the validity of the proceedings with respect to such interconnected ground water supplies.
(Added by Stats. 1971, Ch. 794.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 1 - General Provisions › Section 2501.

2501. The board may determine, in the proceedings provided for in this chapter, all rights to water of a stream system whether based upon appropriation, riparian right, or other basis of right.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 1 - General Provisions › Section 2502.

2502. If the board finds that the use by any persons under claim of right of only minor quantities of water, as defined in Section 2503, would have no material effect on the rights of other claimants, the board may exempt such persons from being subject to these proceedings as claimants or parties with respect to such minor quantities of water; provided, that any person so exempted may elect to continue to be subject to these proceedings by giving prompt notice to the board.
(Added by Stats. 1971, Ch. 794.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 1 - General Provisions › Section 2503.

2503. As used in this chapter, “minor quantities of water” refers to the diversion or extraction by any person of not to exceed 10 acre-feet of water annually.
(Added by Stats. 1971, Ch. 794.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 2 - Petition and Preliminary Proceedings › Section 2525.

2525. Upon petition signed by one or more claimants to water of any stream system, requesting the determination of the rights of the various claimants to the water of that stream system, the board shall, if, upon investigation, it finds the facts and conditions are such that the public interest and necessity will be served by a determination of the water rights involved, enter an order granting the petition and make proper arrangements to proceed with the determination.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 2 - Petition and Preliminary Proceedings › Section 2526.

2526. As soon as practicable after granting the petition the board shall prepare and issue a notice setting forth the following:
(a) The facts of the entry of the order and of the pendency of the proceedings;
(b) That all claimants to rights to the use of water of the stream system are required to inform the board within 60 days from the date of the notice, or such further time as the board may allow, of their intention to file proof of claim;
(c) The date prior to which all claimants to rights to the water of the stream system shall notify the board in writing of their intention to file proof of claim and the address to which all subsequent notices to the claimant relating to the proceedings may be sent;
(d) A statement that all claimants will be required to make proof of their claims at a time to be fixed by the board after the conclusion of its investigation.
(Amended by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 2 - Petition and Preliminary Proceedings › Section 2527.

2527. The notice shall be published at least once a week for four consecutive weeks, commencing within 20 days of the date of issuance of the notice, in one or more newspapers of general circulation published in each county in which any part of the stream system is situated, and, within the same 20-day period, the notice shall be mailed to all persons known to the board who own land that appears to be riparian to the stream system or who divert water from the stream system.
(Amended by Stats. 1976, Ch. 545.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 2 - Petition and Preliminary Proceedings › Section 2528.

2528. Whenever proceedings are instituted for the determination of rights to water, it is the duty of all claimants interested therein and having notice thereof as provided in this chapter, to notify the board of their intention to file proof of claim and to appear and submit proof of their respective claims at the time and in the manner required by this chapter.
(Amended by Stats. 1965, Ch. 53.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 2 - Petition and Preliminary Proceedings › Section 2529.

2529. (a) Within 60 days after the date by which claimants to rights to the water of the stream system are required to notify the board in writing of their intention to file proof of claim, the board shall prepare and file for record, in the office of the county recorder of each county in which any part of the stream system is situated, a notice setting forth all of the following facts:
(1) The order has been entered and the proceedings are pending.
(2) Information regarding the status of the proceedings may be obtained from the board.
(3) The proceedings will result in a determination of the rights to water of the stream system.
(4) Any claimant who fails to appear and submit proof of his or her claim as provided in this chapter shall be held to have forfeited all rights to water previously claimed by him or her on the stream system, other than as provided in the decree, unless entitled to relief under the laws of this state.
(5) At the conclusion of the proceedings, the superior court will enter a decree determining the water rights appurtenant to each parcel identified in the notice, including the specific parcel against which this notice appears, and the decree may accord the claimant for that parcel water rights which are different from those he or she has claimed.
(b) The notice shall identify the current owners of each parcel that appears to be riparian to the stream system or to which water is diverted from the stream, and shall be recorded in a manner so that anyone researching the title of a parcel will find the notice.
(c) If the board subsequently identifies an additional parcel or parcels which appear to be riparian to the stream system or to which water is diverted from the stream, the board shall prepare and file for record a supplementary notice identifying the current owners of the additional parcels. The supplementary notice shall be recorded in the same manner as the original notice.
(Added by Stats. 1984, Ch. 1654, Sec. 1.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 3 - DETERMINATION OF WATER RIGHTS › CHAPTER 3 - Statutory Adjudications › ARTICLE 3 - Investigation of Stream System › Section 2550.

2550. As soon as practicable after granting the petition, the board shall begin an investigation of the stream system, of the diversion of water, of all beneficial uses being made of the water, and of the water supply available for those uses, and shall gather such other data and information as may be essential to the proper determination of the water rights in the stream system.
(Repealed and added by Stats. 1976, Ch. 545.)