reglab/statecodes huggingface dataset:
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 9 - Licenses › ARTICLE 6 - Filing of Licenses and Orders with County Recorder › Section 1650.

1650. A true copy of each license issued or of each order modifying or changing a license shall within 30 days after issuance thereof be recorded by the board in the office of the recorder of the county in which the point of diversion specified in the license lies or in case there are points of diversion lying in more than one county then in each of those counties in which a point of diversion lies and in case the place or places of use specified in the license are in different counties than the point or points of diversion also in the county or counties in which the place or places of use lie.
(Amended by Stats. 1959, Ch. 51.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 9 - Licenses › ARTICLE 6 - Filing of Licenses and Orders with County Recorder › Section 1651.

1651. Whenever an order revoking a license in whole or in part becomes final a true copy of the order shall be recorded promptly by the board in the office or offices in which a copy of the license affected is recorded.
(Amended by Stats. 1959, Ch. 51.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 9 - Licenses › ARTICLE 7 - Revocation of Licenses › Section 1675.

1675. (a) If, at any time after a license is issued, the board finds that the licensee has not put the water granted under the license to a useful or beneficial purpose in conformity with this division or that the licensee has ceased to put the water to that useful or beneficial purpose, or that the licensee has failed to observe any of the terms and conditions in the license, the board may revoke the license and declare the water to be subject to appropriation in accordance with this part.
(b) The board may revoke the license upon request of the licensee or after due notice to the licensee and after a hearing, when a hearing is requested by the licensee pursuant to Section 1675.1.
(c) As used in this section “licensee” includes the heirs, successors, or assigns of the licensee.
(Amended by Stats. 2010, Ch. 288, Sec. 14. (SB 1169) Effective January 1, 2011.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 9 - Licenses › ARTICLE 7 - Revocation of Licenses › Section 1675.1.

1675.1. The notice of proposed revocation of the license pursuant to Section 1675 shall contain a statement of facts and information upon which the proposed revocation is based, and shall include a statement substantially in the following form:
Unless a written request for a hearing signed by or on behalf of the licensee is delivered or mailed to the board within 15 days after receipt of this notice, the board may act upon the proposed revocation of the license without a hearing. Any request for a hearing may be made by delivering or mailing the request to the board at the address given on the notice.
(Added by Stats. 1971, Ch. 794.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 9 - Licenses › ARTICLE 7 - Revocation of Licenses › Section 1675.2.

1675.2. In any case when a license is revoked without a hearing, as provided in Section 1675.1, the licensee, within 90 days of the date of the order of revocation, may file with the board a request to set aside the revocation, and the board, for good cause shown, may reinstate the license.
(Added by Stats. 1971, Ch. 794.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10 - Change to an Application, Permit, or License › Section 1700.

1700. Water appropriated under the Water Commission Act or this code for one specific purpose shall not be deemed to be appropriated for any other or different purpose, but the purpose of the use of such water may be changed as provided in this code.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10 - Change to an Application, Permit, or License › Section 1700.4.

1700.4. (a) After notice of an application is given, the board may make a minor change to the application without requiring the filing of a petition for change if the board finds all of the following:
(1) The change does not enlarge or increase the authorized rate, amount, or season of diversion.
(2) The change does not increase the total area subject to inundation by water diverted to storage or the area where facilities will be constructed.
(3) The change is not substantial or constitutes a reduction, agreed to by the applicant, in the authorized diversion, affected area, or other feature of the application.
(4) The change does not have the potential to adversely affect the water supply of other legal users of water or instream beneficial uses.
(b) (1) A minor change under this section may be initiated by the applicant or, with the applicant’s consent, the board. The board may obtain the applicant’s consent informally through an oral conversation or other informal means, but promptly shall confirm that consent by mail or electronic mail directed to the applicant.
(2) Before making a minor change under this section, the board shall provide notice as described in paragraph (3) and allow at least 15 days for public comment.
(3) The board shall provide notice by mail or electronic mail to the applicant and any person who has filed a protest against the application and shall post notice on its internet website.
(Added by Stats. 2019, Ch. 255, Sec. 2. (SB 779) Effective January 1, 2020.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10 - Change to an Application, Permit, or License › Section 1700.6.

1700.6. (a) The board may make a minor change to a permit or license without requiring the filing of a petition for change if the board finds all of the following:
(1) The change involves a minor adjustment of the point of diversion, place of use, or purpose of use.
(2) The change will not result in an increase in consumptive use.
(3) The change does not have the potential to adversely affect the water supply of other legal users of water or instream beneficial uses.
(b) (1) A minor change under this section may be initiated by the permittee or licensee or, with the permittee’s or licensee’s consent, the board. The board may obtain the permittee’s or licensee’s consent informally through an oral conversation or other informal means, but promptly shall confirm that consent in mail or electronic mail directed to the permittee or licensee.
(2) Before making a minor change under this section, the board shall provide notice as described in paragraph (3) and allow at least 15 days for public comment.
(3) The board shall provide notice by mail or electronic mail to the permittee or licensee and any person who has filed a comment concerning the proposed minor change and shall post notice on its internet website.
(c) For purposes of this section, a “minor change” means a change in the permit or license that will not in effect initiate a new appropriative right and will meet the requirements of subdivision (a).
(Added by Stats. 2019, Ch. 255, Sec. 3. (SB 779) Effective January 1, 2020.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10 - Change to an Application, Permit, or License › Section 1701.

1701. At any time after notice of an application is given, an applicant, permittee, or licensee may change the point of diversion, place of use, or purpose of use from that specified in the application, permit, or license; but such change may be made only upon permission of the board.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10 - Change to an Application, Permit, or License › Section 1701.1.

1701.1. A petition for change filed after notice of an application shall meet all of the following requirements:
(a) State the name and address of the petitioner.
(b) Be signed by the petitioner, or the petitioner’s agent or attorney.
(c) Set forth amendments to the application or an amended application reflecting the proposed change, including any information necessary for the amended application to comply with Section 1260.
(d) Include sufficient information to demonstrate a reasonable likelihood that the proposed change will not injure any other legal user of water.
(e) Contain other appropriate information and be in the form required by applicable regulations.
(Added by Stats. 2001, Ch. 315, Sec. 6. Effective January 1, 2002.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10 - Change to an Application, Permit, or License › Section 1701.2.

1701.2. A petition for change in a permit or license shall meet all of the following requirements:
(a) State the name and address of the petitioner.
(b) Be signed by the petitioner, or the petitioner’s agent or attorney.
(c) Include all information reasonably available to the petitioner, or that can be obtained from the Department of Fish and Wildlife, concerning the extent, if any, to which fish and wildlife would be affected by the change, and a statement of any measures proposed to be taken for the protection of fish and wildlife in connection with the change.
(d) Include sufficient information to demonstrate a reasonable likelihood that the proposed change will not injure any other legal user of water.
(e) Contain other appropriate information and be in the form required by applicable regulations.
(Amended by Stats. 2015, Ch. 683, Sec. 57. (SB 798) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10 - Change to an Application, Permit, or License › Section 1701.3.

1701.3. (a) After a petition is filed, the board may request additional information reasonably necessary to clarify, amplify, correct, or otherwise supplement the information required to be submitted under this chapter. The board shall provide a reasonable period for submitting the information.
(b) The additional information may include, but need not be limited to, any of the following:
(1) Information needed to demonstrate that the change will not injure any other legal user of water.
(2) Information needed to demonstrate that the change will comply with any applicable requirements of the Fish and Game Code or the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).
(3) Information needed to comply with Division 13 (commencing with Section 21000) of the Public Resources Code.
(Amended by Stats. 2010, Ch. 288, Sec. 15. (SB 1169) Effective January 1, 2011.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10 - Change to an Application, Permit, or License › Section 1701.4.

1701.4. If, within the period provided, the petitioner does not provide the information requested pursuant to Section 1701.3, the board shall cancel the petition, unless, for good cause shown, the board allows additional time to submit the requested information.
(Added by Stats. 2001, Ch. 315, Sec. 9. Effective January 1, 2002.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10 - Change to an Application, Permit, or License › Section 1702.

1702. Before permission to make such a change is granted the petitioner shall establish, to the satisfaction of the board, and it shall find, that the change will not operate to the injury of any legal user of the water involved.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10 - Change to an Application, Permit, or License › Section 1703.

1703. After filing a petition for permission to make a change, the petitioner, in case the board so requires, shall cause notice thereof to be given or published in the manner prescribed by the board. In all cases the petitioner shall notify the Department of Fish and Wildlife in writing of the proposed change.
(Amended by Stats. 2015, Ch. 683, Sec. 58. (SB 798) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10 - Change to an Application, Permit, or License › Section 1703.1.

1703.1. Any interested person, within the time allowed in the notice of petition, or within the time the board may allow for good cause shown, may file with the board a written protest against approval of the petition.
(Added by Stats. 2001, Ch. 315, Sec. 10. Effective January 1, 2002.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10 - Change to an Application, Permit, or License › Section 1703.2.

1703.2. The protest shall meet all of the following requirements:
(a) State the name and address of the protestant.
(b) Be signed by the protestant, or the protestant’s agent or attorney.
(c) Clearly and specifically set forth the protestant’s objections to the approval of the petition, and state the bases for these objections.
(d) Contain other appropriate information and be in the form required by applicable regulations.
(e) Be served on the petitioner by the protestant by mailing a duplicate copy of the protest to the petitioner or through service undertaken in another manner determined to be adequate by the board.
(Added by Stats. 2001, Ch. 315, Sec. 11. Effective January 1, 2002.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10 - Change to an Application, Permit, or License › Section 1703.3.

1703.3. The board may request from the protestant additional information reasonably necessary to clarify, amplify, correct, or otherwise supplement the information required to be submitted pursuant to Section 1703.2. The board shall provide a reasonable period for submitting the information, and may allow additional time for good cause shown.
(Added by Stats. 2001, Ch. 315, Sec. 12. Effective January 1, 2002.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10 - Change to an Application, Permit, or License › Section 1703.4.

1703.4. The protestant and the petitioner shall make a good faith effort to resolve the protest not later than 180 days from the date the period provided pursuant to Section 1703.1 expires. For good cause, the board may allow additional time for the protestant and the petitioner to attempt to resolve the protest.
(Added by Stats. 2001, Ch. 315, Sec. 13. Effective January 1, 2002.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10 - Change to an Application, Permit, or License › Section 1703.5.

1703.5. The board may request from the protestant or the petitioner additional information that the board determines is reasonably necessary to attempt to resolve the protest. The board shall provide a reasonable period for submitting the information, and may allow additional time for good cause shown.
(Added by Stats. 2001, Ch. 315, Sec. 14. Effective January 1, 2002.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10 - Change to an Application, Permit, or License › Section 1703.6.

1703.6. (a) The board may cancel a protest or petition for failure to provide information requested by the board under this chapter within the period provided.
(b) Except as provided in subdivisions (c) and (d), the board shall not cancel a protest for failure to submit information not in the possession or under the control of the protestant if the protest meets the requirements of Section 1703.2 and the petitioner is or could be required to submit the information under Section 1701.1, 1701.2, or 1701.3.
(c) If a protest is based on injury to a legal user of water, the board may cancel the protest if the protestant fails to submit any of the following information requested by the board:
(1) Information that the protestant is required to submit to the board to comply with Part 5.1 (commencing with Section 5100) during any period after the protest is filed.
(2) Information that is reasonably necessary to determine if the protestant is a legal user of water.
(3) Information concerning the protestant’s historical, current, or proposed future diversion and use of water that is reasonably necessary to determine if the proposed change will result in injury to the protestant’s exercise of its water right or other legal use of water.
(d) If the protest is based on an allegation other than injury to a legal user of water, the board may cancel the protest for failure to submit information requested by the board if the board determines both of the following:
(1) The public review period has expired for any draft environmental document or negative declaration required to be circulated for public review and comment pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.
(2) In the absence of the requested information, there is no substantial evidence in light of the whole record to support the allegation.
(e) If a protest is subject to both subdivisions (c) and (d), the part of the protest subject to subdivision (c) may be canceled pursuant to subdivision (c) and the part of the protest subject to subdivision (d) may be canceled pursuant to subdivision (d).
(Amended by Stats. 2010, Ch. 288, Sec. 16. (SB 1169) Effective January 1, 2011.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10 - Change to an Application, Permit, or License › Section 1704.

1704. (a) The board, after a hearing, may approve with conditions, or deny, a petition.
(b) Notice of hearing shall be given by mailing the notice not less than 20 days before the date of hearing to the petitioner and to any protestant by registered mail.
(c) (1) The board may, but is not required to, hold a hearing prior to approving an unprotested petition.
(2) The board may, but is not required to, hold a hearing if the board determines that undisputed facts support the approval of the petition and there is no disputed issue of material fact.
(3) The board may, but is not required to, hold a hearing prior to denying a petition, if, after notice, the board determines that the petition is defective, the petition fails to provide information requested by the board, or undisputed facts support the denial of the petition and there is no disputed issue of material fact.
(Amended by Stats. 2001, Ch. 315, Sec. 16. Effective January 1, 2002.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10 - Change to an Application, Permit, or License › Section 1704.1.

1704.1. The Division of Water Rights shall conduct a field investigation of all minor protested petitions for change. The board shall notify the parties of the field investigation not less than 20 days prior to conducting the field investigation, to enable the parties to attend and present information to the board.
(Amended by Stats. 1997, Ch. 323, Sec. 17. Effective January 1, 1998.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10 - Change to an Application, Permit, or License › Section 1704.2.

1704.2. The Division of Water Rights may request the parties to submit information in support of their positions. The Division of Water Rights may request information before, during, or after the field investigation. After the field investigation, the Division of Water Rights may conduct additional proceedings in accordance with Article 10 (commencing with Section 11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code.
(Repealed and added by Stats. 1997, Ch. 323, Sec. 19. Effective January 1, 1998.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10 - Change to an Application, Permit, or License › Section 1704.3.

1704.3. Based upon the field investigation and any other information obtained under this chapter, the Division of Water Rights shall issue an order acting on the minor petition for change unless the board in its discretion determines that additional proceedings should be conducted under Section 183. An order of the Division of Water Rights is subject to review as provided in Chapter 4 (commencing with Section 1120) of Part 1.
(Repealed and added by Stats. 1997, Ch. 323, Sec. 21. Effective January 1, 1998.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10 - Change to an Application, Permit, or License › Section 1704.4.

1704.4. For purposes of this chapter, a minor petition for change means either of the following:
(a) Any petition which does not involve direct diversions in excess of three cubic-feet per second or storage in excess of 200 acre-feet per year.
(b) A petition for change by a groundwater sustainability agency or local agency, as defined in Section 10721, for a change previously authorized by a temporary change under Article 2 (commencing with Section 1443) of Chapter 6.6.
(Amended by Stats. 2019, Ch. 678, Sec. 16. (AB 658) Effective January 1, 2020.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10 - Change to an Application, Permit, or License › Section 1705.

1705. After the hearing, the board shall grant or refuse, as the facts warrant, permission to change the point of diversion, place of use, purpose of use, or any other provision or condition.
(Amended by Stats. 2019, Ch. 255, Sec. 4. (SB 779) Effective January 1, 2020.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10 - Change to an Application, Permit, or License › Section 1706.

1706. The person entitled to the use of water by virtue of an appropriation other than under the Water Commission Act or this code may change the point of diversion, place of use, or purpose of use if others are not injured by such change, and may extend the ditch, flume, pipe, or aqueduct by which the diversion is made to places beyond that where the first use was made.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10.5 - Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water › ARTICLE 1 - Temporary Changes › Section 1725.

1725. (a) A permittee or licensee may temporarily change the point of diversion, place of use, or purpose of use due to a transfer or exchange of water or water rights if the transfer would only involve the amount of water that would have been consumptively used or stored by the permittee or licensee in the absence of the proposed temporary change, would not injure any legal user of the water, and would not unreasonably affect fish, wildlife, or other instream beneficial uses.
(b) The provisions of this article applicable to a permittee or licensee proposing a temporary change apply to a person entitled to the use of water who proposes pursuant to this article a temporary change under Section 1707 and the temporary change shall be deemed a transfer of water or water rights.
(Amended by Stats. 2022, Ch. 675, Sec. 2. (AB 2895) Effective January 1, 2023.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10.5 - Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water › ARTICLE 1 - Temporary Changes › Section 1725.5.

1725.5. For purposes of this article, the following definitions apply:
(a) “Consumptively used” means the amount of water that has been consumed through use by evapotranspiration, has percolated underground, or has been otherwise removed from use in the downstream water supply as a result of direct diversion.
(b) “Temporary change” means a change involving a transfer of water or water rights for a period of one year or less. The one-year period does not include any time required for monitoring, reporting, or mitigation before or after the temporary change is carried out. If, within a period of one year or less, the water involved in the temporary change is moved to offstream storage outside of the watershed where the water originated, the change shall be considered a temporary change, and the water moved to offstream storage outside the watershed where the water originated may be put to beneficial use in the place of use and for the purposes of use specified in the board’s order approving the temporary change either during or after that period.
(c) “Transfer” includes an exchange of water or water rights.
(Added by Stats. 2022, Ch. 675, Sec. 3. (AB 2895) Effective January 1, 2023.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10.5 - Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water › ARTICLE 1 - Temporary Changes › Section 1727.

1727. (a) This section applies to a petition for temporary change for which notice is provided to the board under this section no later than January 31 of the year in which the transfer will be initiated.
(b) A permittee or licensee considering a temporary change may provide notice to the board as provided in this section. The notice shall be in a form required by the board and shall include all of the following:
(1) The permit or license number, or the water right proposed to be changed under Section 1707, being considered for a temporary change.
(2) The method by which water will be made available for the transfer.
(3) An email address to which interested parties or the board may submit inquiries regarding the potential temporary change.
(c) By February 15 of each year, the board shall post on its internet website and disseminate by email LISTSERV a list of all timely and complete notices for which notice is filed under this section.
(d) By March 1 of each year, an interested person may request notice of a petition submitted under Section 1726 by submitting to the board that person’s email address, the permit or license, or water right to be changed under Section 1707, for which the interested person requests notice of a petition for temporary change, and the concerns related to effects on other legal users, fish, wildlife, instream beneficial uses, or groundwater conditions the person may raise in comments on the petition. The board shall forward to the permittee or licensee considering the temporary change any concerns received from interested persons under this subdivision.
(e) After submittal of a complete petition for which notice is provided under this section, the board shall provide notice of the petition by sending a copy to all persons who submitted complete requests under subdivision (d), posting the petition on its internet website, and disseminating the petition by email LISTSERV. Any interested party may file a written comment on the petition not later than 30 days after submittal of a complete petition.
(f) The board shall issue a decision within 35 days after submittal of a complete petition for which notice is provided under this section. If comments are filed in accordance with subdivision (f), or for any other good cause, the board may extend the date of its decision for up to 20 days. If the board or the petitioner determines that an additional extension of time for a decision is necessary for the board to make the findings required by Section 1728, or that a hearing is necessary for the board to make those findings, the board may extend the time for a decision with the consent of the petitioner.
(Added by Stats. 2022, Ch. 675, Sec. 6. (AB 2895) Effective January 1, 2023.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10.5 - Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water › ARTICLE 1 - Temporary Changes › Section 1728.

1728. (a) The board shall review a petition for a temporary change of water rights in accordance with this section.
(b) The board shall approve a temporary change if it determines that a preponderance of the evidence shows both of the following:
(1) The proposed temporary change would not injure any legal user of the water, during any potential hydrologic condition that the board determines is likely to occur during the proposed change, through significant changes in water quantity, water quality, timing of diversion or use, consumptive use of the water, or reduction in return flows.
(2) The proposed temporary change would not unreasonably affect fish, wildlife, or other instream beneficial uses.
(c) The petitioner shall have the burden of establishing that a proposed temporary change would comply with paragraphs (1) and (2) of subdivision (b). If the board determines that that petitioner has established a prima facie case, the burden of proof shall shift to any party that has filed a comment pursuant to subdivision (f) of Section 1726 to prove that the proposed temporary change would not comply with paragraphs (1) and (2) of subdivision (b). The board may make a determination required by this subdivision without a hearing.
(d) In reviewing a petition for a temporary change, the board shall not modify any term or condition of the petitioner’s permit or license, including those terms that protect other legal users of water, fish, wildlife, and other instream beneficial uses, except as necessary to carry out the temporary change in accordance with this article.
(e) In applying the standards set forth in paragraphs (1) and (2) of subdivision (b), the board shall not deny, or place conditions on, a temporary change to avoid or mitigate impacts that are not caused by the temporary change. Neither the Department of Fish and Wildlife, nor any other state agency that comments on the proposed temporary change, shall propose conditions to mitigate effects on fish, wildlife, or other instream beneficial uses that are not caused by the proposed temporary change. This subdivision does not limit the board, the Department of Fish and Wildlife, or any other state agency, in proceedings pursuant to any provision of law other than this article.
(f) The board shall explain its decision on a petition in writing and provide copies of the decision to the petitioner, the Department of Fish and Wildlife, the board of supervisors of the county or counties in which the petitioner currently stores or uses the water subject to the petition, the board of supervisors of the county or counties to which the water is proposed to be transferred, the proposed transferee, and any party who has filed a written comment on the petition.
(Added by renumbering Section 1727 by Stats. 2022, Ch. 675, Sec. 5. (AB 2895) Effective January 1, 2023.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10.5 - Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water › ARTICLE 1 - Temporary Changes › Section 1729.

1729. A proposed temporary change under this article shall be exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code.
(Repealed and added by Stats. 1988, Ch. 1145, Sec. 3.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10.5 - Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water › ARTICLE 1 - Temporary Changes › Section 1731.

1731. Following the expiration of the temporary change period, all rights shall automatically revert to the original holder of the right without any action by the board.
(Added by Stats. 1988, Ch. 1145, Sec. 3.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10.5 - Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water › ARTICLE 1 - Temporary Changes › Section 1732.

1732. The petitioner shall not initiate or increase the use of groundwater to replace surface water transferred pursuant to this article, except in compliance with Sections 1745.10 and 1745.11.
(Repealed and added by Stats. 1999, Ch. 938, Sec. 13. Effective January 1, 2000.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10.5 - Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water › ARTICLE 2 - Long-Term Transfers › Section 1735.

1735. The board may consider a petition for a long-term transfer of water or water rights involving a change of point of diversion, place of use, or purpose of use. A long-term transfer shall be for any period in excess of one year.
(Repealed and added by Stats. 1988, Ch. 1145, Sec. 3.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10.5 - Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water › ARTICLE 2 - Long-Term Transfers › Section 1736.

1736. The board, after providing notice and opportunity for a hearing, including, but not limited to, written notice to, and an opportunity for review and recommendation by, the Department of Fish and Wildlife, may approve such a petition for a long-term transfer where the change would not result in substantial injury to any legal user of water and would not unreasonably affect fish, wildlife, or other instream beneficial uses.
(Amended by Stats. 2015, Ch. 683, Sec. 61. (SB 798) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10.5 - Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water › ARTICLE 2 - Long-Term Transfers › Section 1737.

1737. Following the expiration of the long-term transfer period, all rights shall automatically revert to the original holders of the right without any action by the board.
(Repealed and added by Stats. 1988, Ch. 1145, Sec. 3.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10.5 - Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water › ARTICLE 3 - Transfer of Decreed Rights › Section 1740.

1740. Any water right determined under a court decree issued pursuant to Chapter 3 (commencing with Section 2500) of Part 3 shall be transferable pursuant to this chapter and Chapter 10 (commencing with Section 1700). The court having the appropriate jurisdiction over the decreed rights may enter a supplemental decree modifying any rights involved upon motion of the board or any party with a vested water right.
(Amended by Stats. 2013, Ch. 634, Sec. 1. (AB 426) Effective January 1, 2014.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10.5 - Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water › ARTICLE 4 - Water Supplier Contracts › Section 1745.

1745. As used in this article, the following terms have the following meanings:
(a) “Person” includes a public agency.
(b) “Water supplier” means a local public agency or private company supplying or storing water, or a mutual water company.
(Added by Stats. 1992, Ch. 481, Sec. 1. Effective January 1, 1993.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10.5 - Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water › ARTICLE 4 - Water Supplier Contracts › Section 1745.02.

1745.02. A water supplier may, for a consideration to be specified in the contract, contract with persons entitled to service within the supplier’s service area to reduce or eliminate for a specified period of time their use of water supplied by the water supplier.
(Added by Stats. 1992, Ch. 481, Sec. 1. Effective January 1, 1993.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10.5 - Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water › ARTICLE 4 - Water Supplier Contracts › Section 1745.03.

1745.03. Services performed under a contract entered into pursuant to this chapter or Chapter 3.6 (commencing with Section 380) of Division 1 which is offered generally to all persons entitled to water service from the water supplier are public services generally provided by the public agency for purposes of paragraph (3) of subdivision (a) of Section 1091.5 of the Government Code.
(Added by Stats. 1992, Ch. 481, Sec. 1. Effective January 1, 1993.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10.5 - Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water › ARTICLE 4 - Water Supplier Contracts › Section 1745.04.

1745.04. A water supplier may contract with a state drought water bank or with any other state or local water supplier or user inside or outside the service area of the water supplier to transfer, or store as part of a transfer, water if the water supplier has allocated to the water users within its service area the water available for the water year, and no other user will receive less than the amount provided by that allocation or be otherwise unreasonably adversely affected without that user’s consent.
(Amended by Stats. 1993, Ch. 184, Sec. 1. Effective January 1, 1994.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10.5 - Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water › ARTICLE 4 - Water Supplier Contracts › Section 1745.05.

1745.05. (a) Water stored by the water supplier and water made available from either of the following sources may be transferred by the water supplier pursuant to Section 1745.04:
(1) Conservation or alternate water supply measures taken by individual water users or by the water supplier.
(2) Water developed pursuant to a contract by a water user to reduce water use below the user’s allocation or to eliminate the use of water during the water year, including a contract to grow crops without the use of water from the water supplier, to fallow land, or to undertake other action to reduce or eliminate water use.
(b) The amount of water made available by land fallowing may not exceed 20 percent of the water that would have been applied or stored by the water supplier in the absence of any contract entered into pursuant to this article in any given hydrological year, unless the agency approves, following reasonable notice and a public hearing, a larger percentage.
(Amended by Stats. 1993, Ch. 589, Sec. 188. Effective January 1, 1994.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10.5 - Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water › ARTICLE 4 - Water Supplier Contracts › Section 1745.06.

1745.06. A water supplier may transfer water pursuant to Section 1745.04 whether or not the water proposed to be transferred is surplus to the needs within the service area of the water supplier.
(Added by Stats. 1992, Ch. 481, Sec. 1. Effective January 1, 1993.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10.5 - Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water › ARTICLE 4 - Water Supplier Contracts › Section 1745.07.

1745.07. No transfer of water pursuant to this article or any other provision of law shall cause a forfeiture, diminution, or impairment of any water rights. A transfer that is approved pursuant to this article or any other provision of law is deemed to be a beneficial use by the transferor under this code.
(Added by Stats. 1992, Ch. 481, Sec. 1. Effective January 1, 1993.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10.5 - Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water › ARTICLE 4 - Water Supplier Contracts › Section 1745.08.

1745.08. This article is in addition to, and not a limitation on, the authority of any public agency under any other provision of law, including, but not limited to, Article 1 (commencing with Section 1725).
(Added by Stats. 1992, Ch. 481, Sec. 1. Effective January 1, 1993.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10.5 - Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water › ARTICLE 4 - Water Supplier Contracts › Section 1745.09.

1745.09. Nothing in this article does any of the following:
(a) Creates in any person a right to require any water supplier to enter into a contract providing for the reduction or elimination of water use or for the transfer of water.
(b) Creates in any person reducing water use any interest in the water rights of the water supplier.
(c) Limits or otherwise affects the jurisdiction of any regulatory public agency over water transfers.
(d) Makes any change in existing water rights.
(Added by Stats. 1992, Ch. 481, Sec. 1. Effective January 1, 1993.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10.5 - Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water › ARTICLE 4 - Water Supplier Contracts › Section 1745.10.

1745.10. A water user that transfers surface water pursuant to this article may not replace that water with groundwater unless the groundwater use is either of the following:
(a) Consistent with a groundwater management plan adopted pursuant to state law for the affected area.
(b) Approved by the water supplier from whose service area the water is to be transferred and that water supplier, if a groundwater management plan has not been adopted, determines that the transfer will not create, or contribute to, conditions of long-term overdraft in the affected groundwater basin.
(Added by Stats. 1992, Ch. 481, Sec. 1. Effective January 1, 1993.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 10.5 - Change of Point of Diversion, Place of Use, or Purpose of Use, Involving the Transfer of Water › ARTICLE 4 - Water Supplier Contracts › Section 1745.11.

1745.11. Nothing in this article prohibits the transfer of previously recharged groundwater from an overdrafted groundwater basin or the replacement of transferred surface water with groundwater previously recharged into an overdrafted groundwater basin, if the recharge was part of a groundwater banking operation carried out by direct recharge, by delivery of surface water in lieu of groundwater pumping, or by other means, for storage and extraction.
(Amended by Stats. 1995, Ch. 833, Sec. 1.5. Effective January 1, 1996.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 11 - Joint Use and Development › ARTICLE 1 - General Provisions › Section 1750.

1750. As used in this chapter “works” includes dams, tunnels, diversion works, ditches, and other works or constructions.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 11 - Joint Use and Development › ARTICLE 2 - Joint Occupancy and Use › Section 1775.

1775. If at any time it appears to the board, after a hearing of the persons interested and an investigation, that the full capacity of the works built or constructed, or being built or constructed, under an appropriation of water made pursuant to the Water Commission Act or this code has not developed or cannot develop the full capacity of the stream at the point where the works have been or are being built or constructed, and that the holder of the appropriation will not or cannot, within a period deemed to be reasonable by the board, develop the stream at that point to such capacity as the board deems to be required by the public good, the board may permit the joint occupancy and use, with the holder of the appropriation, to the extent necessary to develop the stream to its full capacity or to such portion of its capacity as may appear to the board to be advisable, by any persons applying therefor, of any such works.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 11 - Joint Use and Development › ARTICLE 2 - Joint Occupancy and Use › Section 1776.

1776. The board shall take into consideration the reasonable cost of the original and new work, the good faith of the applicant, the market for water or power to be supplied by the original and the new work, and the income or use that may be required to provide fair and reasonable returns upon such cost.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 11 - Joint Use and Development › ARTICLE 2 - Joint Occupancy and Use › Section 1777.

1777. The applicant shall be required to pay to the person owning the works a pro rata portion of the total cost of the old and the new works.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 11 - Joint Use and Development › ARTICLE 2 - Joint Occupancy and Use › Section 1778.

1778. If the water is used or to be used for irrigation or domestic purposes, the pro rata portion of the cost shall be based upon the proportion of the water used by the original and the subsequent users of the works.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 11 - Joint Use and Development › ARTICLE 2 - Joint Occupancy and Use › Section 1779.

1779. If the water is used or to be used for the generation of power, the pro rata portion of the cost shall be based upon the relative amount of power capable of being developed by the original and the new works.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 11 - Joint Use and Development › ARTICLE 2 - Joint Occupancy and Use › Section 1780.

1780. If a portion of the water is used or to be used for irrigation and another portion is used or to be used for the generation of power, the applicant shall pay to the person owning the works a pro rata portion of the total cost of the old and new works based upon the proportion of the relative amount of water used by each joint occupant and the income derived by each from the joint occupancy.
(Enacted by Stats. 1943, Ch. 368.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 11 - Joint Use and Development › ARTICLE 2 - Joint Occupancy and Use › Section 1781.

1781. If any of the water is used or to be used for purposes other than those specified in this article, the applicant shall pay to the person owning the works such a pro rata portion of the total cost of the old and new works as appears to the board to be just and equitable.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Water Code - WAT › DIVISION 2 - WATER › PART 2 - APPROPRIATION OF WATER › CHAPTER 11 - Joint Use and Development › ARTICLE 2 - Joint Occupancy and Use › Section 1782.

1782. The applicant shall also pay a proper pro rata share, based as above provided in this article, of the cost of maintaining the works, on and after beginning the occupancy and use thereof.
(Enacted by Stats. 1943, Ch. 368.)