reglab/statecodes huggingface dataset:
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 2.5 - Miscellaneous Powers of Department › ARTICLE 2.5 - Acquisition and Disposal of Property › Section 257.

257. The director may execute all deeds or conveyances necessary to convey any real property or interest therein to be sold or exchanged under the provisions of this code. He may insert in any such deed or conveyance such conditions, covenants, exceptions and reservations as in his opinion are in the public interest or may convey in fee simple absolute. All statutes relating to state lands or to reservations of minerals therein or to reservations of rights to prospect for or mine or remove such minerals are inapplicable to lands heretofore or hereafter acquired by the State or conveyed by the State pursuant to the provisions of this code or pursuant to the provisions of previously existing statutes codified in this code, and no such statute in respect to state lands hereafter enacted shall be applicable thereto unless the Legislature expressly so declares.
It shall be conclusively presumed in favor of any purchaser for value and without notice of any real property or interest therein conveyed pursuant to the provisions of this code that the department acted within its lawful authority in acquiring the property, and that the director acted within his lawful authority in executing any deed or conveyance or lease authorized by this code.
(Added by Stats. 1957, Ch. 2104.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 2.5 - Miscellaneous Powers of Department › ARTICLE 2.5 - Acquisition and Disposal of Property › Section 258.

258. The authority conferred by this code to acquire real property for state dam and water purposes includes authority to acquire for future needs. The department is authorized to lease any lands which are held for state dam and water purposes and are not presently needed therefor on such terms and conditions as the director may fix and to maintain and care for such property in order to secure rent therefrom.
(Added by Stats. 1957, Ch. 2104.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 2.5 - Miscellaneous Powers of Department › ARTICLE 2.5 - Acquisition and Disposal of Property › Section 259.

259. When the department condemns the property of any common carrier railroad, other public utility, or state agency, or the appurtenances thereof, it shall be governed by Article 3 (commencing with Section 11590) of Chapter 6 of Part 3 of Division 6.
(Amended by Stats. 1983, Ch. 142, Sec. 175.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 2.5 - Miscellaneous Powers of Department › ARTICLE 2.5 - Acquisition and Disposal of Property › Section 260.

260. In any lease, easement, or right of entry agreement entered into whereby the department leases real property or obtains a grant of easement, right-of-way, or right of entry in real property for the purpose of exploration for, or construction, operation, or maintenance of, water projects, or for other investigations or data collection, the department may agree to indemnify and hold harmless the lessor or grantor and may agree to repair or pay for any damage caused by reason of the uses authorized by such lease, easement, right-of-way, or right of entry. Insurance may be purchased by the Department of General Services, upon request of the department, to protect the department against loss or expense arising out of such a lease, easement, right-of-way, or right of entry.
(Added by Stats. 1965, Ch. 1305.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 2.5 - Miscellaneous Powers of Department › ARTICLE 2.6 - Construction Contracts › Section 265.

265. Notwithstanding any provisions of the State Contract Act, the department may award and enter into construction contracts which require expenditures in excess of funds presently available therefor, but the obligation of the department and the State in such contracts shall be expressly contingent upon sufficient funds being made available by future appropriations or by law.
(Added by Stats. 1959, Ch. 2054.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 2.5 - Miscellaneous Powers of Department › ARTICLE 3 - Proceedings to Prevent Waste or Unreasonable Use › Section 275.

275. The department and board shall take all appropriate proceedings or actions before executive, legislative, or judicial agencies to prevent waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion of water in this state.
(Amended by Stats. 1971, Ch. 794.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 2.5 - Miscellaneous Powers of Department › ARTICLE 4 - Waste from Artesian Wells › Section 300.

300. For the purposes of this article, an artesian well is any artifical hole made in the ground through which water naturally flows from subterranean sources to the surface of the ground for any length of time.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 2.5 - Miscellaneous Powers of Department › ARTICLE 4 - Waste from Artesian Wells › Section 301.

301. For the purposes of this article, waste is the causing, suffering, or permitting any water flowing from an artesian well, to run either:
(a) Into any natural watercourse or channel, or into any bay or pond, unless the water is used thereafter for irrigation or domestic use.
(b) Into any street, road, or highway.
(c) Upon the land of any person or upon the public land of the United States or of the State, unless it is used thereon for irrigation, domestic use, or the propagation of fish.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 2.5 - Miscellaneous Powers of Department › ARTICLE 4 - Waste from Artesian Wells › Section 302.

302. The use of any water flowing from an artesian well for the irrigation of land, whenever over 5 per cent of the water received on the land for irrigation purposes is permitted to escape from the land, is waste within the meaning of this article.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 2.5 - Miscellaneous Powers of Department › ARTICLE 4 - Waste from Artesian Wells › Section 303.

303. Nothing in this article prevents the running of artesian water into an artificial pond or storage-reservoir, if the water is used thereafter for a beneficial use.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 2.5 - Miscellaneous Powers of Department › ARTICLE 4 - Waste from Artesian Wells › Section 304.

304. A beneficial use under the next preceding section shall not exceed one tenth of one miner’s inch of water per acre, perpetual flow, but the person using the water may cumulate that amount within any period of each year.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 2.5 - Miscellaneous Powers of Department › ARTICLE 4 - Waste from Artesian Wells › Section 305.

305. Any artesian well which is not capped or equipped with a mechanical appliance which will readily and effectively arrest and prevent the flow of any water from the well is a public nuisance.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 2.5 - Miscellaneous Powers of Department › ARTICLE 4 - Waste from Artesian Wells › Section 306.

306. The owner, tenant, or occupant of the land upon which a well which is a public nuisance under the next preceding section is situated, who causes, permits, or suffers such public nuisance to exist or continue is guilty of a misdemeanor.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 2.5 - Miscellaneous Powers of Department › ARTICLE 4 - Waste from Artesian Wells › Section 307.

307. Any person owning, possessing, or occupying any land upon which is situated an artesian well, who causes, suffers, or permits water unnecessarily to flow from the well or to go to waste is guilty of a misdemeanor.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 2.5 - Miscellaneous Powers of Department › ARTICLE 4 - Waste from Artesian Wells › Section 309.

309. Any person who violates any of the provisions of this article is punishable for each offense by a fine of not less than fifty dollars ($50) and not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both.
(Amended by Stats. 1983, Ch. 1092, Sec. 405. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 2.5 - Miscellaneous Powers of Department › ARTICLE 4 - Waste from Artesian Wells › Section 310.

310. All prosecutions for the violation of any of the provisions of this article shall be instituted in the superior court of the county where the well is situated.
(Amended by Stats. 2003, Ch. 449, Sec. 37. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 2.5 - Miscellaneous Powers of Department › ARTICLE 4 - Waste from Artesian Wells › Section 311.

311. Any fine imposed under the provisions of this article may be collected as in other criminal cases, and the justice may also issue an execution upon the judgment therein rendered, which may be enforced and collected as in civil cases.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 2.5 - Miscellaneous Powers of Department › ARTICLE 6 - Yuba River Debris Control › Section 340.

340. Any funds appropriated for Yuba River debris control shall be used for construction, renewal, and repair of works for restraining, impounding and control of debris resulting from mining operations, natural erosion and other causes.
(Added by Stats. 1957, Ch. 1958.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 2.5 - Miscellaneous Powers of Department › ARTICLE 6 - Yuba River Debris Control › Section 341.

341. Funds withdrawn from such appropriation must be matched by an expenditure of like amount by the Federal Government for the same work.
(Added by Stats. 1957, Ch. 1958.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 2.5 - Miscellaneous Powers of Department › ARTICLE 6 - Yuba River Debris Control › Section 342.

342. All work paid for from such appropriation shall be executed by or under the direction of the California Debris Commission, according to plans approved by the Department of Water Resources.
(Added by Stats. 1957, Ch. 1958.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 2.5 - Miscellaneous Powers of Department › ARTICLE 7 - Recreation › Section 345.

345. The Department of Water Resources shall (a) plan recreation development associated with state-constructed water projects in consultation with local public agencies and affected state and federal agencies, (b) thereafter acquire land necessary to implement and execute plans for such development pursuant to specific legislative authorization. Such authorization shall specify to what extent, if any, the power of eminent domain may be used.
It is hereby declared to be the intention of the Legislature, in enacting this section, that no water resources development funds will be appropriated for the purpose of acquiring land for recreation development associated with state-constructed water projects, exclusive of land required for storage and conservation of water for such projects.
In carrying out its duties under this section, the Department of Water Resources may enter into contracts, leases, and agreements with other state agencies, the federal government, local public agencies, and persons; and the Department of Fish and Game, the Department of Parks and Recreation and all other affected state and local agencies shall cooperate with the Department of Water Resources to that end.
(Amended by Stats. 1970, Ch. 254.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 2.5 - Miscellaneous Powers of Department › ARTICLE 7 - Recreation › Section 346.

346. Notwithstanding the provisions of Section 345, the department, with the approval of the Department of General Services, may acquire by eminent domain or otherwise, either in fee or in any lesser estate or interest, any real property for recreational development associated with state-constructed water projects. Any funds, including but not limited to water resources development funds, heretofore or hereafter appropriated to the department for the acquisition of rights-of-way, easements, and property, may be used to carry out the purposes of this section.
(Amended by Stats. 1965, Ch. 371.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 2.5 - Miscellaneous Powers of Department › ARTICLE 8 - Atmospheric Rivers Research and Forecast Improvement Program: Enabling Climate Adaptation Through Forecast-Informed Reservoir Operations and Hazard Resiliency (AR/FIRO) › Section 347.

347. (a) The Atmospheric Rivers Research and Forecast Improvement Program: Enabling Climate Adaptation Through Forecast-Informed Reservoir Operations and Hazard Resiliency (AR/FIRO) Program is hereby established in the Department of Water Resources.
(b) (1) The department shall research, develop, and implement new observations, prediction models, novel forecasting methods, and tailored decision support systems to improve predictions of atmospheric rivers and their impacts on water supply, flooding, post-wildfire debris flows, and environmental conditions.
(2) The department shall utilize all relevant information produced pursuant to paragraph (1) to operate reservoirs in a manner that improves flood protection in the state and to reoperate flood control and water storage facilities to capture water generated by atmospheric rivers and other storms. The goals of integrating forecast-informed reservoir operations into department operations shall be to increase water supply, hydropower availability, and water supply reliability. The department may use research generated by this program to refine climate projections of extreme weather and water events and changes in Sierra snow.
(3) Information produced pursuant to paragraph (1) shall be available to relevant federal, state, and local agencies.
(Repealed and added by Stats. 2023, Ch. 134, Sec. 4. (AB 30) Effective January 1, 2024.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 2.7 - Water Diversion and Use Reports › Section 348.

348. (a) The department or the board may adopt emergency regulations providing for the electronic filing of reports of water extraction or water diversion or use required to be filed with the department or board under this code, including, but not limited to, any report required to be filed under Part 5.1 (commencing with Section 5100) or Part 5.2 (commencing with Section 5200) of Division 2 and any report required to be filed by a water right permittee or licensee.
(b) Emergency regulations adopted pursuant to this section, or any amendments thereto, shall be adopted by the department or 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 or amendments to those regulations adopted under this section shall remain in effect until revised by the department or the board that adopted the regulations or amendments.
(Amended by Stats. 2014, Ch. 347, Sec. 5. (AB 1739) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3 - Water Shortage Emergencies › Section 350.

350. The governing body of a distributor of a public water supply, whether publicly or privately owned and including a mutual water company, shall declare a water shortage emergency condition to prevail within the area served by such distributor whenever it finds and determines that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply of the distributor to the extent that there would be insufficient water for human consumption, sanitation, and fire protection.
(Amended by Stats. 2018, Ch. 14, Sec. 1. (SB 606) Effective January 1, 2019.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3 - Water Shortage Emergencies › Section 351.

351. (a) Except in the event of a wildfire, deenergization event, or a breakage or failure of a dam, pump, pipeline, or conduit causing an immediate emergency, the governing body of a public water supplier shall make a declaration pursuant to Section 350 only after a public hearing at which consumers of the water supply shall have an opportunity to be heard to protest the declaration and to present their respective needs to the governing board.
(b) For purposes of this section, a “deenergization event” means a planned power outage, undertaken by an electrical corporation, as defined in Section 218 of the Public Utilities Code, to reduce the risk of wildfires caused by utility equipment, pursuant to Public Utilities Commission Resolution ESRB-8 and any decisions issued by the commission, the Wildfire Safety Division, as set forth in Section 326 of the Public Utilities Code, the Office of Energy Infrastructure Safety, or any other agency with authority over electrical corporations. A deenergization event commences when an electrical corporation provides notice to any state agency or political subdivision of the potential need to initiate a planned deenergization of the electrical grid, and ceases when the electrical corporation restores electrical services to all deenergized customers, or at such time as the electrical corporation cancels the deenergization event for some or all of its affected customers, and rescinds the notice of the potential need to initiate the deenergization event. A deenergization event does not include any planned outages in connection with regular utility work.
(Amended by Stats. 2021, Ch. 68, Sec. 1. (SB 708) Effective January 1, 2022.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3 - Water Shortage Emergencies › Section 352.

352. Notice of the time and place of hearing shall be published pursuant to Section 6061 of the Government Code at least seven days prior to the date of hearing in a newspaper printed, published, and circulated within the area in which the water supply is distributed, or if there is no such newspaper, in any newspaper printed, published, and circulated in the county in which the area is located.
(Amended by Stats. 1957, Ch. 357.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3 - Water Shortage Emergencies › Section 353.

353. When the governing body has so determined and declared the existence of an emergency condition of water shortage within its service area, it shall thereupon adopt such regulations and restrictions on the delivery of water and the consumption within said area of water supplied for public use as will in the sound discretion of such governing body conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection.
(Added by Stats. 1953, Ch. 140.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3 - Water Shortage Emergencies › Section 354.

354. After allocating and setting aside the amount of water which in the opinion of the governing body will be necessary to supply water needed for domestic use, sanitation, and fire protection, the regulations may establish priorities in the use of water for other purposes and provide for the allocation, distribution, and delivery of water for such other purposes, without discrimination between consumers using water for the same purpose or purposes.
(Added by Stats. 1953, Ch. 140.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3 - Water Shortage Emergencies › Section 355.

355. The regulations and restrictions shall thereafter be and remain in full force and effect during the period of the emergency and until the supply of water available for distribution within such area has been replenished or augmented.
(Added by Stats. 1953, Ch. 140.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3 - Water Shortage Emergencies › Section 356.

356. The regulations and restrictions may include the right to deny applications for new or additional service connections, and provision for their enforcement by discontinuing service to consumers wilfully violating the regulations and restrictions.
(Added by Stats. 1953, Ch. 140.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3 - Water Shortage Emergencies › Section 357.

357. If the regulations and restrictions on delivery and consumption of water adopted pursuant to this chapter conflict with any law establishing the rights of individual consumers to receive either specific or proportionate amounts of the water supply available for distribution within such service area, the regulations and restrictions adopted pursuant to this chapter shall prevail over the provisions of such laws relating to water rights for the duration of the period of emergency; provided, however, that any distributor of water which is subject to regulation by the State Public Utilities Commission shall before making such regulations and restrictions effective secure the approval thereof by the Public Utilities Commission.
(Added by Stats. 1953, Ch. 140.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3 - Water Shortage Emergencies › Section 358.

358. Nothing in this chapter shall be construed to prohibit or prevent review by any court of competent jurisdiction of any finding or determination by a governing board of the existence of an emergency or of regulations or restrictions adopted by such board, pursuant to this chapter, on the ground that any such action is fraudulent, arbitrary, or capricious.
(Added by Stats. 1953, Ch. 140.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3.3 - Excessive Residential Water Use During Drought › Section 365.

365. (a) The Legislature finds and declares that this chapter furthers important state policies of encouraging water conservation and protecting water resources in the interest of the people and for the public welfare.
(b) For the purposes of this chapter, “urban retail water supplier” has the same meaning as provided in Section 10608.12.
(Added by Stats. 2016, Ch. 230, Sec. 1. (SB 814) Effective January 1, 2017.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3.3 - Excessive Residential Water Use During Drought › Section 367.

367. (a) This chapter applies only as follows:
(1) 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 statewide drought conditions to an urban retail water supplier that has moved to a stage of action in response to a local water supply shortage condition under the water supplier’s contingency plan pursuant to paragraph (1) of subdivision (a) of Section 10632 that requires mandatory water use reductions.
(2) To an urban retail water supplier during a period in which the water supplier has moved to a stage of action in response to a local water supply shortage condition under the water supplier’s contingency plan pursuant to paragraph (1) of subdivision (a) of Section 10632 that requires mandatory water use reductions.
(3) To an urban retail water supplier affected 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 local drought conditions.
(b) The provisions of this chapter are in addition to, and do not supersede or limit, any other measures or remedies implemented by an urban retail water supplier.
(Added by Stats. 2016, Ch. 230, Sec. 1. (SB 814) Effective January 1, 2017.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3.4 - Allocation-Based Conservation Water Pricing › Section 370.

370. The Legislature hereby finds and declares all of the following:
(a) The use of allocation-based conservation water pricing by public entities that sell and distribute water is one effective means by which waste or unreasonable use of water can be prevented and water can be saved in the interest of the people and for the public welfare, within the contemplation of Section 2 of Article X of the California Constitution.
(b) It is in the best interest of the people of California to encourage public entities to voluntarily use allocation-based conservation water pricing, tailored to local needs and conditions, as a means of increasing efficient uses of water, and further discouraging wasteful or unreasonable use of water under both normal and dry-year hydrologic conditions.
(c) The Legislature intends that allocation-based conservation water pricing is an alternative method that can be used by public entities to encourage water users to conserve water, increase efficient uses of water, and further discourage waste of water. The Legislature does not intend to limit the discretion of public entities to evaluate and select among different methods for conserving water or to create a presumption that the election to not use a particular method is a waste or unreasonable use of water by the public entity.
(d) Nothing in this chapter is intended to limit, or dictate, the design of rate structures that public entities may use to promote conservation by water users.
(e) Nothing in this chapter directs, or otherwise compels, a public entity to use allocation-based conservation water pricing.
(Added by Stats. 2008, Ch. 610, Sec. 1. Effective January 1, 2009.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3.4 - Allocation-Based Conservation Water Pricing › Section 371.

371. For purposes of this chapter, the following terms have the following meanings:
(a) “Allocation-based conservation water pricing” means a retail water rate structure that meets all of the criteria in Section 372.
(b) “Basic charge” means a volumetric unit charge for the cost of water service other than any fixed costs that are recovered through meter charges or other fixed charges other than incremental costs that are recovered through conservation charges. A basic charge may include the cost of generally applicable conservation measures assumed in establishing basic use allocations.
(c) “Conservation charge” means a volumetric unit charge for incremental costs.
(d) “Incremental costs” means the costs of water service, including capital costs, that the public entity incurs directly, or by contract, as a result of the use of water in excess of the basic use allocation or to implement water conservation or demand management measures employed to increase efficient uses of water, and further discourage the wasteful or unreasonable use of water, and may include any of the following:
(1) Conservation best management practices, conservation education, irrigation controls and other conservation devices, and other demand management measures.
(2) Water system retrofitting, dual plumbing and facilities for production, distribution, and all uses of recycled water and other alternative water supplies.
(3) Projects and programs for prevention, control, or treatment of the runoff of water from irrigation and other outdoor water uses. Incremental costs shall not include the costs of stormwater management systems and programs.
(4) Securing dry-year water supply arrangements.
(5) Procuring water supplies to satisfy increments of water use in excess of the basic use allocations for the customers of the public entity, including supply or capacity contracts for water supply rights or entitlements and related energy costs for water delivery.
(e) “Public entity” means a city, whether general law or chartered, county, city and county, special district, agency, authority, any other municipal public corporation or district, or any other political subdivision of the state that provides retail water service and that is an urban water supplier, as defined in Section 10617.
(Added by Stats. 2008, Ch. 610, Sec. 1. Effective January 1, 2009.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3.4 - Allocation-Based Conservation Water Pricing › Section 372.

372. (a) A public entity may employ allocation-based conservation water pricing that meets all of the following criteria:
(1) Billing is based on metered water use.
(2) A basic use allocation is established for each customer account that provides a reasonable amount of water for the customer’s needs and property characteristics. Factors used to determine the basic use allocation may include, but are not limited to, the number of occupants, the type or classification of use, the size of lot or irrigated area, and the local climate data for the billing period. Nothing in this chapter prohibits a customer of the public entity from challenging whether the basic use allocation established for that customer’s account is reasonable under the circumstances. Nothing in this chapter is intended to permit public entities to limit the use of property through the establishment of a basic use allocation.
(3) A basic charge is imposed for all water used within the customer’s basic use allocation, except that at the option of the public entity, a lower rate may be applied to any portion of the basic use allocation that the public entity has determined to represent superior or more than reasonable conservation efforts.
(4) A conservation charge shall be imposed on all increments of water use in excess of the basic use allocation. The increments may be fixed or may be determined on a percentage or any other basis, without limitation on the number of increments, or any requirement that the increments or conservation charges be sized, or ascend uniformly, or in a specified relationship. The volumetric prices for the lowest through the highest priced increments shall be established in an ascending relationship that is economically structured to encourage conservation and reduce the inefficient use of water, consistent with Section 2 of Article X of the California Constitution.
(b) (1) Except as specified in subdivision (a), the design of an allocation-based conservation pricing rate structure shall be determined in the discretion of the public entity.
(2) The public entity may impose meter charges or other fixed charges to recover fixed costs of water service in addition to the allocation-based conservation pricing rate structure.
(c) A public entity may use one or more allocation-based conservation water pricing structures for any class of municipal or other service that the public entity provides.
(Added by Stats. 2008, Ch. 610, Sec. 1. Effective January 1, 2009.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3.4 - Allocation-Based Conservation Water Pricing › Section 373.

373. (a) Revenues derived from allocation-based conservation water pricing shall not exceed the reasonable cost of water service including basic costs and incremental costs. This chapter does not limit the sources of funding for incremental costs to charges for water use.
(b) Revenues derived from allocation-based conservation water pricing shall not exceed the proportional cost of service attributable to the customer’s parcel, as determined by giving consideration to all of the following:
(1) Customer classes established in consideration of service characteristics, demand patterns, and other factors.
(2) Basic use allocations.
(3) Meter size.
(4) Metered volume of water consumed.
(5) The public entity’s discretionary allocation of incremental costs between and among the increments of water use subject to conservation charges, as permitted by paragraph (4) of subdivision (a) of Section 372 to meet the requirement of that section.
(c) In establishing the schedule of charges and metered volumes for the increments of water use subject to conservation charges, the public entity may also consider both of the following:
(1) Customer overuse characteristics, including ratios between overuse volumes and basic use allocations, variations in demand and consumption patterns, or other characteristics of overuse experienced by the public entity.
(2) The extent to which the pricing structure of the increments will be effective in minimizing or eliminating the need for other measures to curtail potential overuse.
(Added by Stats. 2008, Ch. 610, Sec. 1. Effective January 1, 2009.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3.4 - Allocation-Based Conservation Water Pricing › Section 374.

374. (a) Allocation-based conservation water pricing under this chapter may be used on an ongoing basis and shall not require any finding of emergency or other water shortage conditions.
(b) The authority granted in this chapter is in addition to any other authority that a public entity has to use rate structure design to foster the conservation of water.
(c) The imposition and revision of rates and charges by a public entity under this chapter shall be subject to the procedures otherwise required by law for the public entity’s water rates.
(Added by Stats. 2008, Ch. 610, Sec. 1. Effective January 1, 2009.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3.5 - Water Conservation Programs › Section 375.

375. (a) Notwithstanding any other law, any public entity that supplies water at retail or wholesale for the benefit of persons within the service area or area of jurisdiction of the public entity may, by ordinance or resolution adopted by a majority of the members of the governing body after holding a public hearing upon notice and making appropriate findings of necessity for the adoption of a water conservation program, adopt and enforce a water conservation program to reduce the quantity of water used by those persons for the purpose of conserving the water supplies of the public entity.
(b) With regard to water delivered for other than agricultural uses, the ordinance or resolution may specifically require the installation of water-saving devices that are designed to reduce water consumption. The ordinance or resolution may also encourage water conservation through rate structure design.
(c) For the purposes of this chapter, “public entity” means a city, whether general law or chartered, county, city and county, special district, agency, authority, any other municipal public corporation or district, or any other political subdivision of the state.
(d) For the purposes of this section and subdivisions (b) and (c) of Section 377, “person” means any person, firm, association, organization, partnership, business, trust, corporation, company, or public agency, including any city, county, city and county, district, joint powers authority, or any agency or department of a public agency.
(Amended by Stats. 2015, Ch. 27, Sec. 9. (SB 88) Effective June 24, 2015.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3.5 - Water Conservation Programs › Section 375.5.

375.5. (a) A public entity may undertake water conservation and public education programs in conjunction with school districts, public libraries, or any other public entity.
(b) (1) A public entity may undertake water conservation and public education programs using an information booklet or materials for use in connection with the use or transfer of real estate containing up to four residential units. For the purposes of this subdivision, the public entity may use water conservation materials prepared by the department.
(2) It is the intent of the Legislature that on or before December 31, 2007, a review of the program be conducted to obtain information on both of the following matters:
(A) The extent to which public entities have undertaken water conservation and public education programs referred to in paragraph (1).
(B) The extent to which water conservation may be attributable to the implementation of water conservation and public education programs referred to in paragraph (1).
(c) A public entity may take into account any programs undertaken pursuant to this section in a rate structure design implemented pursuant to Section 375.
(d) The Legislature finds and declares that a program undertaken pursuant to this section is in the public interest, serves a public purpose, and will promote the health, welfare, and safety of the people of the state.
(Amended by Stats. 2015, Ch. 27, Sec. 10. (SB 88) Effective June 24, 2015.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3.5 - Water Conservation Programs › Section 376.

376. (a) Any ordinance or resolution adopted pursuant to Section 375 is effective upon adoption. Within 10 days after its adoption, the ordinance or resolution shall be published pursuant to Section 6061 of the Government Code in full in a newspaper of general circulation that is printed, published, and circulated in the public entity. If there is no such newspaper, the ordinance or resolution shall be posted within 10 days after its adoption in three public places within the public entity.
(b) The publication of ordinances or resolutions, as required by subdivision (a), may be satisfied by either of the following actions:
(1) The public entity may publish a summary of a proposed ordinance, resolution, or proposed amendment to an existing ordinance or resolution. The summary shall be prepared by an official designated by the governing body. A summary shall be published and a certified copy of the full text of the proposed ordinance, resolution, or amendment shall be posted in the office of the governing body at least five days prior to the governing body’s meeting at which the proposed ordinance, resolution, or amendment is to be adopted. Within 15 days after adoption of the ordinance, resolution, or amendment, the governing body shall publish a summary of the ordinance, resolution, or amendment with the names of those members voting for and against the ordinance, resolution, or amendment and the official shall post in the office of the governing body a certified copy of the full text of the adopted ordinance, resolution, or amendment along with the names of those members voting for and against the ordinance, resolution, or amendment.
(2) If the official designated by the governing body determines that it is not feasible to prepare a fair and adequate summary of the proposed or adopted ordinance, resolution, or amendment, and if the governing body so orders, a display advertisement of at least one-quarter of a page in a newspaper of general circulation in the county shall be published at least five days prior to the governing body meeting at which the proposed ordinance, resolution, or amendment is to be adopted. Within 15 days after adoption of the ordinance, resolution, or amendment, a display advertisement of at least one-quarter of a page shall be published. The advertisement shall indicate the general nature of, and provide information about, the proposed or adopted ordinance, resolution, or amendment, including information sufficient to enable the public to obtain copies of the complete text of the ordinance, resolution, or amendment, and the names of those members voting for and against the ordinance, resolution, or amendment.
(Amended by Stats. 2009, Ch. 332, Sec. 89. (SB 113) Effective January 1, 2010.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3.5 - Water Conservation Programs › Section 377.5.

377.5. (a) A complaint or citation under subdivision (b) of Section 377 or subdivision (d) of Section 1058.5 may be issued by any of the following:
(1) A code enforcement officer, as defined in Section 829.5 of the Penal Code.
(2) A designee of the chief executive officer of a public entity authorized to adopt an ordinance or resolution under Section 375.
(3) A designee of the chief executive officer of a city, county, or city and county.
(b) For purposes of this section, the term “chief executive officer” includes a city manager, general manager, or other employee of the public entity who is the highest ranking officer or employee, other than a member of a multimember governing body, with responsibility for the operations of the public entity.
(Added by Stats. 2015, Ch. 27, Sec. 12. (SB 88) Effective June 24, 2015.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3.5 - Water Conservation Programs › Section 378.

378. A public entity may enter into agreements with other public entities, businesses, community associations, or private entities to provide water conservation services and measures and materials for implementing water conservation programs adopted pursuant to this chapter.
(Added by Stats. 1995, Ch. 31, Sec. 1. Effective January 1, 1996.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3.6 - Deference to Decisions by Local or Regional Agencies › Section 380.

380. The Legislature hereby finds and declares as follows:
(a) The various regions of the state differ widely in the availability of water supplies and in the need for water to meet beneficial uses.
(b) Decisions regarding operations to meet water needs can depend in part upon regional differences.
(c) Many water management decisions can best be made at a local or regional level, to the end that local and regional operational flexibility will maximize efficient statewide use of water supplies.
(d) The authority granted by this chapter to local and regional public agencies, as defined in subdivision (a) of Section 65930 of the Government Code and not including federal agencies, is in furtherance of the policy declared in Section 2 of Article X of the California Constitution and in Section 109.
(Added by Stats. 1982, Ch. 867, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3.6 - Deference to Decisions by Local or Regional Agencies › Section 381.

381. The authority of local or regional public agencies pursuant to this chapter shall control over any other provision of law which contains more stringent limitations on the authority of a particular public agency to serve water for use outside the agency, to the extent those other laws are inconsistent with the authority granted herein.
(Added by Stats. 1982, Ch. 867, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3.6 - Deference to Decisions by Local or Regional Agencies › Section 382.

382. (a) Notwithstanding any other provision of law, every local or regional public agency authorized by law to serve water to the persons or entities within the service area of the agency may sell, lease, exchange, or otherwise transfer, for use outside the agency, either or both of the following:
(1) Water that is surplus to the needs of the water users of the agency.
(2) Water, the use of which is voluntarily foregone, during the period of the transfer, by a water user of the agency.
(b) This chapter does not prohibit or restrict the transfer of water or water rights by local or regional public agencies pursuant to other provisions of law.
(Amended by Stats. 1993, Ch. 188, Sec. 1. Effective January 1, 1994.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3.6 - Deference to Decisions by Local or Regional Agencies › Section 383.

383. For the purposes of this chapter, water that is surplus to the needs of the agency’s water users shall mean any of the following:
(a) Water, to which the right is held by the agency pursuant to an appropriation made under the Water Commission Act or Division 2 (commencing with Section 1000), which the agency finds will be in excess of the needs of water users within the agency for the duration of the transfer.
(b) Water, to which the right is held by the agency pursuant to an appropriation made under the Water Commission Act or Division 2 (commencing with Section 1000), of which any water user agrees with the agency, upon mutually satisfactory terms, to forego use for the duration of the transfer.
(c) Water, to which the right is held by a water user within the agency pursuant to an appropriation made under the Water Commission Act or Division 2 (commencing with Section 1000) where the water user and the agency agree, upon mutually satisfactory terms, that the water user will forego use for the period of time specified in the agreement and that the agency shall act as agent for the water user to effect the transfer.
(Added by Stats. 1982, Ch. 867, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3.6 - Deference to Decisions by Local or Regional Agencies › Section 384.

384. Prior to serving water to any person for use outside the agency, the agency shall comply with all provisions of the general laws of this state relating to the transfer of water or water rights, including, but not limited to, procedural and substantive requirements governing any change in point of diversion, place of use, or purpose of use due to such transfer.
(Added by Stats. 1982, Ch. 867, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3.6 - Deference to Decisions by Local or Regional Agencies › Section 385.

385. No water may be transferred pursuant to this chapter for use within the boundaries of a local or regional public agency that furnishes the same water service to the transferee without the prior consent of that agency.
(Added by Stats. 1982, Ch. 867, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 1 - GENERAL STATE POWERS OVER WATER › CHAPTER 3.6 - Deference to Decisions by Local or Regional Agencies › Section 386.

386. The board may approve any change associated with a transfer pursuant to this chapter only if it finds that the change may be made without injuring any legal user of the water and without unreasonably affecting fish, wildlife, or other instream beneficial uses and does not unreasonably affect the overall economy of the area from which the water is being transferred.
A petitioner requesting a change which is subject to this section shall pay to the board a fee which shall be in an amount determined by the board to cover the reasonable costs of the board in evaluating and processing the petition.
(Added by Stats. 1982, Ch. 867, Sec. 2.)