reglab/statecodes huggingface dataset:
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 1438.

1438. (a) The board may issue a temporary change order in advance of the notice required by this section. In all cases, whether or not a temporary change order has been issued, the board shall, as soon as practicable after the receipt of a petition, issue and deliver to the permittee or licensee a notice of the change order which includes the information required by the rules of the board.
(b) Publication or posting of the notice shall be as follows:
(1) If the permit or license is for more than three cubic feet per second or for more than 200 acre-feet of storage, and if the change order is to remain in effect for more than 30 days, the notice shall be published by, and at the expense of, the permittee or licensee 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.
(2) In all other cases, unless the change order is to be in effect less than 10 days:
(A) The permittee or licensee shall post the notice in at least two conspicuous places in the locality to be affected by the change. Notices shall be posted not later than two days after receipt. An affidavit containing proof of posting shall be filed with the board within seven days of the date of notice.
(B) 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 change.
(c) Regardless of the rate of diversion or the amount of storage, if the change order 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 change order, and may require such proof of notice as it deems appropriate.
(d) Any interested person may file an objection to the temporary change with the board, and the board shall send a copy of that objection to the permittee or licensee.
(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 or licensee to comply with any requirement of this section shall result in the automatic termination of the temporary change.
(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 1439.

1439. The board shall supervise diversion and use of water under the temporary change order for the protection of all other lawful users of water and instream beneficial uses and for compliance with change order conditions.
(Amended by Stats. 1986, Ch. 455, 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 1440.

1440. A temporary change order 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 change order shall automatically expire 180 days after the authorization takes effect, unless an earlier date is specified or the temporary change order 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 change order. If the temporary change order 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. 12. (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 1441.

1441. A temporary change order issued under this article may be renewed by the board. Requests for renewal shall be processed in the manner provided by this chapter except that the permittee or licensee shall not be required to file duplicate maps, drawings, or other data if they were furnished with the original petition. 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. 13. (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 1442.

1442. This article shall not apply to any permittee or licensee petitioning for a temporary change pursuant to Chapter 10.5 (commencing with Section 1725).
(Amended by Stats. 2019, Ch. 678, Sec. 14. (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 2 - Temporary Changes for Diversion to Underground Storage › Section 1443.

1443. (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. 15. (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 2 - Temporary Changes for Diversion to Underground Storage › Section 1443.1.

1443.1. (a) A groundwater sustainability agency or a local agency that is a permittee or a licensee under provisions of this division other than this article, may petition for, and the board may issue, a conditional temporary change order that authorizes the diversion of surface water to underground storage for beneficial use that advances the sustainability goal of a groundwater basin under Part 2.74 (commencing with Section 10720) of Division 6, without complying with other procedures or provisions of this division, subject to all requirements of this article.
(b) Before issuing a change order pursuant to this article, the board shall make all of the following findings based upon a preponderance of the evidence:
(1) The proposed change is for diversion to underground storage for beneficial use consistent with subdivision (a).
(2) The proposed change does not increase the amount of water the petitioner is authorized to use, enlarge the authorized season of diversion, authorize diversion from a new source, or otherwise in effect initiate a new right.
(3) The proposed change may be made without injury to any other lawful user of water, including the user’s ability to meet water quality objectives. This finding may be satisfied by demonstrating both of the following:
(A) The proposed diversion to underground storage will occur only when flow in the source waterbody exceeds the claims of all known legal users who divert water downstream of the proposed point of diversion.
(B) Storage and extraction from storage in the basin under the proposed change will be subject to accounting methods and reporting requirements established by any of the following:
(i) A groundwater sustainability plan.
(ii) An interim plan.
(iii) An alternative approved pursuant to Section 10733.6.
(iv) The board, in applying conditions to the temporary change.
(4) The proposed change may be made without unreasonable effect upon fish, wildlife, or other instream beneficial uses. If the permit does not include a condition proposed by the Department of Fish and Wildlife under paragraph (2) of subdivision (c) of Section 1443.2, the board shall include in the findings an explanation of why the condition is not included.
(5) The proposed change is in the public interest, including findings to support change order 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.
(6) If there is an adopted groundwater sustainability plan, an interim plan, or an alternative under Section 10733.6 for the basin, the proposed diversion to underground storage is consistent with that plan or alternative.
(c) 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.
(Added by Stats. 2019, Ch. 678, Sec. 15. (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 2 - Temporary Changes for Diversion to Underground Storage › Section 1443.2.

1443.2. (a) The petition for a temporary change order shall be completed in accordance with the rules of the board that specify the information and maps to be included in a petition for change.
(b) (1) A petitioner for a change order shall pay a fee calculated in accordance with the provisions of Chapter 8 (commencing with Section 1525).
(2) Consistent with Section 3 of Article XIII A of the California Constitution and the board’s authority to set fees to promote the conservation and utilization of water resources in the public interest, the board may adopt reduced fees under Chapter 8 (commencing with Section 1525) for applications, petitions, and change orders under this article.
(c) In addition to subdivisions (a) and (b), a petition shall include all of the following:
(1) Evidence that the petitioner has completed any environmental review required by, or the project is exempt from, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). To the extent funding is available, the board shall review and comment on any notice of preparation or draft environmental document for a project subject to approval under this article, and include in the board’s comments identification of any instream beneficial uses of waters of the state that may be affected by the project. This paragraph is not a limitation on the authority of the board under any other law.
(2) A notification from the Department of Fish and Wildlife that the petitioner has consulted with the Department of Fish and Wildlife at least 30 days before submission of the petition. If the Department of Fish and Wildlife determines that it needs additional time for review, it may provide for a longer consultation period, not to exceed 60 days. The notification shall include a copy of any conditions proposed by the Department of Fish and Wildlife.
(3) A proposed accounting method for storage and extraction of water diverted under the change order that is either of the following:
(A) Certified to be consistent with the groundwater sustainability plan or alternative approved pursuant to Section 10733.6 by the groundwater sustainability agency for the basin where the water is proposed to be stored or the local agency responsible for implementing the approved alternative.
(B) If there is no applicable groundwater sustainability plan or alternative approved pursuant to Section 10733.6, adequate to demonstrate beneficial use of water under the proposed change order and not inconsistent with the department’s standards in Section 356.2 of Title 23 of the California Code of Regulations.
(Added by Stats. 2019, Ch. 678, Sec. 15. (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 2 - Temporary Changes for Diversion to Underground Storage › Section 1443.3.

1443.3. (a) As soon as practicable after the receipt of a petition for a temporary change order, the board shall issue and deliver to the petitioner a notice of the petition and a list of persons who, in the judgment of the board, could be adversely affected by the temporary change. The board shall post the notice to its internet website within 10 days of issuing the notice to the petitioner.
(b) The petitioner 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 petitioner 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 petitioner. 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 a petition for a temporary change order.
(Added by Stats. 2019, Ch. 678, Sec. 15. (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 2 - Temporary Changes for Diversion to Underground Storage › Section 1443.4.

1443.4. The board shall supervise diversion and use of water under a change order issued under this article for the protection of all lawful users of water and instream beneficial uses and for compliance with change order conditions. The change order may require a person who extracts water stored under the change order 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. 15. (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 2 - Temporary Changes for Diversion to Underground Storage › Section 1443.5.

1443.5. A change order issued under this article shall not result in the creation of a vested right, even of a temporary nature. The change order is subject, at all times, to modification or revocation at the discretion of the board, after the permittee or licensee 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 change order shall automatically expire five years after the authorization takes effect, unless an earlier date is specified or the temporary change order 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 change order. 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. 15. (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 2 - Temporary Changes for Diversion to Underground Storage › Section 1443.6.

1443.6. The board may renew a change order issued under this article if the board, in its judgment, concludes that the petitioner has exercised due diligence in applying for a change pursuant to provisions of this division, other than this chapter, and in pursuing that petition once it is filed. The board shall process a request for a renewal of a change order issued under this article pursuant to this article. The board may request the petitioner to file maps, drawings, or other data furnished with the original petition for the change order. Each renewal of a change order 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. 15. (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 2 - Temporary Changes for Diversion to Underground Storage › Section 1443.7.

1443.7. This article does not apply to any permittee or licensee petitioning for a temporary change pursuant to Chapter 10.5 (commencing with Section 1725).
(Added by Stats. 2019, Ch. 678, Sec. 15. (AB 658) Effective January 1, 2020.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 7 - Priorities › ARTICLE 1 - Priority of Application › Section 1450.

1450. Any application properly made gives to the applicant a priority of right as of the date of the application until such application is approved or rejected. Such priority continues only so long as the provisions of law and the rules and regulations of the board are followed by the applicant.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 7 - Priorities › ARTICLE 2 - Effect of Issuance of Permit › Section 1455.

1455. The issuance of a permit continues in effect the priority of right as of the date of the application and gives the right to take and use the amount of water specified in the permit until the issuance of a license for the use of the water or until the permit is revoked.
(Amended by Stats. 1969, Ch. 1087.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 7 - Priorities › ARTICLE 3 - Preferred Priorities of Municipalities › Section 1460.

1460. The application for a permit by a municipality for the use of water for the municipality or the inhabitants thereof for domestic purposes shall be considered first in right, irrespective of whether it is first in time.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 7 - Priorities › ARTICLE 3 - Preferred Priorities of Municipalities › Section 1461.

1461. The application for, or the granting of, a permit to any municipality to appropriate water does not authorize the appropriation of any water for other than municipal purposes.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 7 - Priorities › ARTICLE 3 - Preferred Priorities of Municipalities › Section 1462.

1462. Where permission to appropriate is granted to any municipality for any quantity of water in excess of the existing municipal needs therefor, the board may, pending the application to beneficial use of the entire appropriation permitted, issue permits for the temporary appropriation of the excess of the permitted appropriation over and above the quantity being applied to beneficial use from time to time by the municipality.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 7 - Priorities › ARTICLE 3 - Preferred Priorities of Municipalities › Section 1463.

1463. When the municipality desires to use the additional water granted in its application it may do so upon making just compensation for the facilities for taking, conveying, and storing the additional water rendered valueless for said purposes to the person who constructed the facilities. The compensation, if not agreed upon, may be determined in the manner provided by law for determining the value of property taken by eminent domain proceedings.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 7 - Priorities › ARTICLE 3 - Preferred Priorities of Municipalities › Section 1464.

1464. In lieu of the granting of such temporary permits for appropriation, the board may authorize the municipality to become as to such surplus a public utility, subject to the jurisdiction and control of the Public Utilities Commission of the State for such period from and after the date of the issuance of such permission to appropriate, as may be allowed for the application to municipal uses of the entire appropriation permitted.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 7 - Priorities › ARTICLE 4 - Priority of Reservoir Systems Constituting Single Unit › Section 1475.

1475. In any case where a reservoir has been or shall hereafter under the provisions of this division be constructed, or surveyed, laid out, and proposed to be constructed, for the storage of water for a system, which water is to be used at one or more points under appropriations of water and rights held and owned by the person owning the reservoir site and constructing the reservoir, the reservoir, appropriations, and rights shall, in the discretion of the board constitute a single enterprise and unit, and work of constructing the reservoir, or work on any one of the appropriations shall, in the discretion of the board, be sufficient to maintain and preserve all applications for appropriations and rights thereunder.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 7 - Priorities › ARTICLE 5 - Applications in Aid of State Water Plan › Section 1480.

1480. An application by the Department of Water Resources, or an application by the Department of Finance prior to July 5, 1956, in aid of any general or coordinated water plan has such priority as is now or may hereafter be provided by law.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 7 - Priorities › ARTICLE 6 - Applications by Governmental Agencies Discharging Disposal Water › Section 1485.

1485. Any municipality, governmental agency, or political subdivision operating waste disposal plants producing disposal water meeting the requirements of the appropriate regional board, and disposing of said water in the San Joaquin River may file an application for a permit to appropriate an equal amount of water, less diminution by seepage, evaporation, transpiration or other natural causes between the point of discharge and the point of recovery, downstream from said disposal plant and out of the San Joaquin River or the Sacramento-San Joaquin Delta. A permit to appropriate such amount of water may be granted by the board upon such terms and conditions as in the board’s judgment are necessary for the protection of the rights of others. Water so appropriated may be sold or utilized for any beneficial purpose. The right to the use of water granted by this section shall not include water flowing in underground streams.
The Legislature finds and declares that the problems incident to the full utilization of the waters of the San Joaquin River and the Sacramento-San Joaquin Delta into which it flows, are unique and that a general law cannot be made applicable thereto.
(Amended by Stats. 1967, Ch. 284.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 7 - Priorities › ARTICLE 6 - Applications by Governmental Agencies Discharging Disposal Water › Section 1486.

1486. (a) The Sacramento Regional County Sanitation District, and any successor thereto, with respect to treated wastewater produced by the sanitation district that meets the requirements of the Central Valley Regional Water Quality Control Board, as may be amended or modified, and that is discharged into the Sacramento River, may file an application for a permit to appropriate an amount of water up to the amount of treated wastewater that is discharged into the Sacramento River, less diminution by seepage, evaporation, transportation, or other natural causes between the point of discharge from its wastewater treatment plant and the point of diversion out of the Sacramento River or the Sacramento-San Joaquin Delta.
(b) Upon application for a permit to appropriate water pursuant to subdivision (a), the board may grant the permit subject to the terms and conditions as in the board’s judgment are necessary for the protection of the rights of any legal user of the water.
(c) Prior to the board granting a permit under subdivision (b), the board shall comply with the provisions of this part, and other applicable law, and may impose terms and conditions authorized thereunder.
(d) Water appropriated in accordance with this section may be sold or utilized for any beneficial purpose.
(Amended by Stats. 2012, Ch. 162, Sec. 184. (SB 1171) Effective January 1, 2013.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 7 - Priorities › ARTICLE 7 - Priority of Applications for Hydroelectric Power › Section 1490.

1490. Applications or petitions for retrofit hydroelectric plants at existing dams, canals, or conduits where the streamflow regime will not be changed and where there will be no significant adverse environmental impacts shall receive expedited processing by the board. The applicant shall not be required to show a need for the power that will be generated by the plant unless protests are filed that are not resolved.
(Added by Stats. 1982, Ch. 1484, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 7 - Priorities › ARTICLE 7 - Priority of Applications for Hydroelectric Power › Section 1491.

1491. Applications for hydroelectric powerplants with a generating capacity not to exceed five megawatts, which do not impound water during times of high waterflow to be used to generate power during times of low waterflow, and which will not have any significant adverse environmental impacts shall receive expedited processing by the board. The applicant shall not be required to show a need for the power that will be generated by the plant unless protests are filed against the project that are not resolved.
(Added by Stats. 1982, Ch. 1484, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 8 - Water Right Fees › ARTICLE 1 - Fee Schedules › Section 1528.

1528. Each person or entity who files a proof of claim under Article 4 (commencing with Section 2575) of Chapter 3 of Part 3 shall pay a fee according to a fee schedule established by the board. The board shall adopt the schedule of fees pursuant to Section 1530. The board shall establish the fees so as to be sufficient on the average to pay the administrative expenses of the board in processing, reviewing, and preparing a report on the claims submitted to the board.
(Repealed and added by Stats. 2003, Ch. 741, Sec. 85. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 8 - Water Right Fees › ARTICLE 1 - Fee Schedules › Section 1529.

1529. Each person or entity who files a notice pursuant to Part 5 (commencing with Section 4999) shall pay an annual fee according to a fee schedule established by the board. The board shall adopt the schedule of fees pursuant to Section 1530. The board shall set the filing fees in an amount that is sufficient, on the average, to pay the administrative expenses of the board in processing, compiling, and retaining the notices.
(Repealed and added by Stats. 2003, Ch. 741, Sec. 85. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 8 - Water Right Fees › ARTICLE 1 - Fee Schedules › Section 1529.5.

1529.5. (a) The board shall adopt a schedule of fees pursuant to Section 1530 to recover costs incurred in administering Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6. Recoverable costs include, but are not limited to, costs incurred in connection with investigations, facilitation, monitoring, hearings, enforcement, and administrative costs in carrying out these actions.
(b) The fee schedule adopted under this section may include, but is not limited to, the following:
(1) A fee for participation as a petitioner or party to an adjudicative proceeding.
(2) A fee for the filing of a report pursuant to Part 5.2 (commencing with Section 5200) of Division 2.
(c) Consistent with Section 3 of Article XIII A of the California Constitution, the board shall set the fees under this section in an amount sufficient to cover all costs incurred and expended from the Water Rights Fund for the purposes of Part 5.2 (commencing with Section 5200) and Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6. In setting these fees, the board is not required to fully recover these costs in the year or the year immediately after the costs are incurred, but the board may provide for recovery of these costs over a period of years.
(Added by Stats. 2014, Ch. 347, Sec. 7. (AB 1739) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 8 - Water Right Fees › ARTICLE 1 - Fee Schedules › Section 1530.

1530. (a) The board shall adopt, by emergency regulation, the schedules of fees authorized under this article. The emergency regulation may include provisions concerning the administration and collection of the fees. The fee schedules may be graduated in accordance with the number of diversions or the amount of water involved. The board shall periodically adjust the amount of the fees specified in the schedule in accordance with this article.
(b) The emergency regulations adopted pursuant to this section, any amendment thereto, or subsequent adjustments to the regulations, shall be adopted by the board 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 these 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 by the board, or any adjustment to an annual fee made by the board pursuant to this section, shall remain in effect until revised by the board.
(Repealed and added by Stats. 2003, Ch. 741, Sec. 85. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 8 - Water Right Fees › ARTICLE 2 - Collection and Enforcement › Section 1535.

1535. (a) Any fee subject to this chapter that is required in connection with the filing of an application, registration, request, statement, or proof of claim, other than an annual fee required after the period covered by the initial filing fee, shall be paid to the board.
(b) If a fee established under subdivision (b) of Section 1525, Section 1528, or Section 13160.1 is not paid when due, the board may cancel the application, registration, petition, request, statement, or claim, or may refer the matter to the State Board of Equalization for collection of the unpaid fee.
(Amended by Stats. 2016, Ch. 32, Sec. 95. (SB 837) Effective June 27, 2016.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 8 - Water Right Fees › ARTICLE 2 - Collection and Enforcement › Section 1536.

1536. All annual fees, other than the initial filing fee required in connection with the filing of an application, registration, petition, or request, or proof of claim, and all unpaid fees and expenses referred to the State Board of Equalization for collection pursuant to subdivision (b) of Section 1535 or Section 2868, shall be paid to the State Board of Equalization.
(Repealed and added by Stats. 2003, Ch. 741, Sec. 85. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 8 - Water Right Fees › ARTICLE 2 - Collection and Enforcement › Section 1537.

1537. (a) The State Board of Equalization shall collect any fee or expense required to be paid to the State Board of Equalization under this chapter.
(b) (1) The State Board of Equalization shall collect the fees pursuant to the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code).
(2) Notwithstanding the appeal provisions in the Fee Collection Procedures Law, a determination by the board that a person or entity is required to pay a fee, or a determination by the board regarding the amount of that fee, is subject to review under Chapter 4 (commencing with Section 1120) of Part 1 and is not subject to a petition for redetermination by the State Board of Equalization.
(3) Notwithstanding the refund provisions in the Fee Collection Procedures Law, the State Board of Equalization shall not accept any claim for refund that is based on the assertion that a determination by the board improperly or erroneously calculated the amount of a fee, or incorrectly determined that the person or entity is subject to the fee, unless that determination has been set aside by the board or a court reviewing the determination of the board.
(4) This subdivision shall not be construed to apply Chapter 4 (commencing with Section 1120) of Part 1 to the adoption of regulations under this chapter or to a determination of expenses under Part 3 (commencing with Section 2000).
(c) The board shall provide to the State Board of Equalization the name and address of each person or entity who is liable for a fee or expense, the amount of the fee or expense, and the due date.
(Added by Stats. 2003, Ch. 741, Sec. 85. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 8 - Water Right Fees › ARTICLE 2 - Collection and Enforcement › Section 1538.

1538. In any proceeding pursuant to Section 1052 in which it is determined that there has been a violation of the prohibition against the unauthorized diversion or use of water subject to this division, the board or court, as the case may be, may impose an additional liability in the amount of any annual fees that would have been required under this division if the diversion or use had been authorized by a permit or license to appropriate water.
(Added by Stats. 2003, Ch. 741, Sec. 85. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 8 - Water Right Fees › ARTICLE 2 - Collection and Enforcement › Section 1539.

1539. If a permit or license holder fails to pay an annual fee imposed pursuant to subdivision (a) of Section 1525 for a period of five years, the board may revoke the permit or license in accordance with the procedures for revocation specified in Section 1241.
(Added by Stats. 2003, Ch. 741, Sec. 85. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 8 - Water Right Fees › ARTICLE 2 - Collection and Enforcement › Section 1540.

1540. If the board determines that the person or entity on whom a fee or expense is imposed will not pay the fee or expense based on the fact that the fee payer has sovereign immunity under Section 1560, the board may allocate the fee or expense, or an appropriate portion of the fee or expense, to persons or entities who have contracts for the delivery of water from the person or entity on whom the fee or expense was initially imposed. The allocation of the fee or expense to these contractors does not affect ownership of any permit, license, or other water right, and does not vest any equitable title in the contractors.
(Repealed and added by Stats. 2003, Ch. 741, Sec. 85. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 8 - Water Right Fees › ARTICLE 2 - Collection and Enforcement › Section 1541.

1541. This article applies to any fee established or required to be paid under Article 1 (commencing with Section 1525), to any fee or expense set to cover the expenses of the board under Part 3 (commencing with Section 2000), and to any fee set under Section 13160.1 that is required to be deposited in the Water Rights Fund.
(Added by Stats. 2003, Ch. 741, Sec. 85. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 8 - Water Right Fees › ARTICLE 3 - Water Rights Fund › Section 1550.

1550. There is in the State Treasury a Water Rights Fund, which is hereby established.
(Repealed and added by Stats. 2003, Ch. 741, Sec. 85. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 8 - Water Right Fees › ARTICLE 3 - Water Rights Fund › Section 1551.

1551. All of the following shall be deposited in the Water Rights Fund:
(a) All fees, expenses, and penalties collected by the board or the State Board of Equalization under this chapter and Part 3 (commencing with Section 2000).
(b) All funds collected under Section 1052, Article 4 (commencing with Section 1845) of Chapter 12, or Section 5107.
(c) All fees collected under Section 13160.1 in connection with certificates for activities involving hydroelectric power projects subject to licensing by the Federal Energy Regulatory Commission.
(Amended by Stats. 2014, Ch. 3, Sec. 11. (SB 104) Effective March 1, 2014.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 8 - Water Right Fees › ARTICLE 3 - Water Rights Fund › Section 1552.

1552. Except as provided in subdivision (e) of Section 1058.5, moneys in the Water Rights Fund are available for expenditure, upon appropriation by the Legislature, for the following purposes:
(a) For expenditure by the California Department of Tax and Fee Administration in the administration of this chapter and the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code) in connection with any fee or expense subject to this chapter.
(b) For the payment of refunds, pursuant to Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code, of fees or expenses collected pursuant to this chapter.
(c) For expenditure by the board for the purposes of carrying out this division, Division 1 (commencing with Section 100), Part 2 (commencing with Section 10500) and Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, and the water diversion related provisions of Chapter 6 (commencing with Section 26060) of Division 10 of the Business and Professions Code.
(d) For expenditures by the board for the purposes of carrying out Sections 13160 and 13160.1 in connection with activities involving hydroelectric power projects subject to licensing by the Federal Energy Regulatory Commission.
(e) For expenditures by the board for the purposes of carrying out Sections 13140 and 13170 in connection with plans and policies that address the diversion or use of water.
(f) For expenditures by the Department of Fish and Wildlife for purposes of carrying out Article 2 (commencing with Section 1433) of Chapter 6.5 and Article 2 (commencing with Section 1443) of Chapter 6.6, consistent with the amounts estimated under paragraph (2) of subdivision (c) of Section 1525.
(Amended by Stats. 2020, Ch. 18, Sec. 7. (AB 92) Effective June 29, 2020.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 8 - Water Right Fees › ARTICLE 4 - Sovereign Immunity › Section 1560.

1560. (a) The fees and expenses established under this chapter and Part 3 (commencing with Section 2000) apply to the United States and to Indian tribes, to the extent authorized under federal or tribal law.
(b) If the United States or an Indian tribe declines to pay a fee or expense, or the board determines that the United States or the Indian tribe is likely to decline to pay a fee or expense, the board may do any of the following:
(1) Initiate appropriate action to collect the fee or expense, including any appropriate enforcement action for failure to pay the fee or expense, if the board determines that federal or tribal law authorizes collection of the fee or expense.
(2) Allocate the fee or expense, or an appropriate portion of the fee or expense, in accordance with Section 1540. The board may make this allocation as part of the emergency regulations adopted pursuant to Section 1530.
(3) Enter into a contractual arrangement that requires the United States or the Indian tribe to reimburse the board, in whole or in part, for the services furnished by the board, either directly or indirectly, in connection with the activity for which the fee or expense is imposed.
(4) Refuse to process any application, registration, petition, request, or proof of claim for which the fee or expense is not paid, if the board determines that refusal would not be inconsistent with federal law or the public interest.
(Repealed and added by Stats. 2003, Ch. 741, Sec. 85. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 9 - Licenses › ARTICLE 1 - Report of Completion › Section 1600.

1600. Immediately upon completion of the construction of works and application of the water to beneficial use the permittee shall report the completion to the board.
(Amended by Stats. 1963, Ch. 289.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 9 - Licenses › ARTICLE 2 - Examination and Inspection › Section 1605.

1605. The board shall as soon as practicable after receiving the report of completion cause to be made a full inspection and examination of the works constructed and the use of water therefrom. The permittee shall furnish the board with such records, data, and information as may be required to enable the board to determine the amount of water that has been applied to beneficial use and whether the construction of the works and the use of the water therefrom is in conformity with law, the rules and regulations of the board, and the permit.
(Amended by Stats. 1963, Ch. 289.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 9 - Licenses › ARTICLE 3 - Issuance or Refusal of License › Section 1610.

1610. If the determination of the board as to completion is favorable to the permittee, the board shall issue a license which confirms the right to the appropriation of such an amount of water as has been determined to have been applied to beneficial use.
(Amended by Stats. 1963, Ch. 289.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 9 - Licenses › ARTICLE 3 - Issuance or Refusal of License › Section 1610.5.

1610.5. Before issuing a license for an amount of water or season of use less than that specified in the permit, the board shall either obtain the consent of the permittee or afford him an opportunity to (a) show cause why the amount or season of use should not be reduced or, (b) request an extension of time pursuant to Section 1398.
(Added by Stats. 1963, Ch. 289.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 9 - Licenses › ARTICLE 3 - Issuance or Refusal of License › Section 1611.

1611. If the board determines that the construction and condition of the works or the use of water therefrom are not in conformity with the law, the rules and regulations of the board, or the terms of the permit, it may revoke the permit in the manner provided in Article 5 (commencing with Section 1410) of Chapter 6 of this part. The board may in its discretion allow a reasonable time for the permittee to correct discrepancies in the works or use of water before taking action to revoke the permit.
(Amended by Stats. 1963, Ch. 289.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 9 - Licenses › ARTICLE 5 - Contents and Conditions of License › Section 1625.

1625. Each license shall be in such form and contain such terms as may be prescribed by the board.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 9 - Licenses › ARTICLE 5 - Contents and Conditions of License › Section 1627.

1627. A license 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 9 - Licenses › ARTICLE 5 - Contents and Conditions of License › Section 1628.

1628. Every license shall include the enumeration of conditions therein which in substance shall include all of the provisions of this article and the statement that any appropriator of water to whom a license is issued takes the license 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 9 - Licenses › ARTICLE 5 - Contents and Conditions of License › Section 1629.

1629. Every licensee, if he accepts a license, 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 license 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 licensee 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 licensee, 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 9 - Licenses › ARTICLE 5 - Contents and Conditions of License › Section 1630.

1630. At any time after the expiration of twenty years after the granting of a license, the State or any city, city and county, municipal water district, irrigation district, lighting district, or any political subdivision of the State shall have the right to purchase the works and property occupied and used under the license and the works built or constructed for the enjoyment of the rights granted under the license.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 9 - Licenses › ARTICLE 5 - Contents and Conditions of License › Section 1631.

1631. In the event that the State, or any city, city and county, municipal water district, irrigation district, lighting district, or political subdivision of the State so desiring to purchase and the owner of the works and property can not agree upon the purchase price, the price shall be determined in such manner as is now or may hereafter be provided by law for determining the value of property taken in eminent domain proceedings.
(Enacted by Stats. 1943, Ch. 368.)