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California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2.7 - Water Diversion and Use Reports › Article 2 - Declaration of Policy › Section 910 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The regulations contained in this chapter are adopted for
					 the purpose of implementing and carrying out provisions of Chapter 2.7 of
					 Division 1 of the Water Code and Parts 2, 5 and 5.1 of Division 2 of the Water
					 Code. The regulations identify requirements for the mandatory electronic filing
					 of reports on the board's website. Reports subject to mandatory electronic
					 filing include: supplemental statements of water diversion and use, Water Right
					 Progress Reports by Permittees, Reports of Licensees, Reports of Registration
					 and Certificate Holders, Notices of Groundwater Extraction and Diversion, and
					 reports filed by watermasters pursuant to Water Code section
					 5101,
					 subdivisions (d) and (e).
1. New
					 article 2 (sections
					 910-930) and section filed
					 12-20-2010 as an emergency; operative 12-20-2010 (Register 2010, No. 52). Water
					 Code section
					 1530 provides
					 that the regulation shall be deemed an emergency and shall remain in effect
					 until revised by the State Water Resources Control Board. For prior history,
					 see Register 87, No. 10.
2. Amendment of section and NOTE filed
					 3-21-2016 as an emergency; operative 3-21-2016 (Register 2016, No. 13).
					 Pursuant to Water Code section
					 1841(b),
					 the amendments shall remain in effect until revised by the State Water
					 Resources Control Board.
Note: Authority cited: Sections
						348(a),
						1058,
						1840 and
						1841, Water
						Code. Reference: Sections
						348(a),
						5101,
						5103 and
						5104, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2.7 - Water Diversion and Use Reports › Article 2 - Declaration of Policy › Section 911 - Construction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To
				  the extent authorized by federal law, this chapter applies to the federal
				  government and any reports filed by the federal government for rights claimed
				  under permits, licenses, registrations, statements of water diversion and use,
				  stockpond certificates, and non-reserved and reserved rights on file with the
				  board.
(b) Nothing in this chapter
				  shall be construed to limit or modify the board's authority to obtain
				  information under any other lawful authority.
1. New
					 section filed 3-21-2016 as an emergency; operative 3-21-2016 (Register 2016,
					 No. 13). Pursuant to Water Code section
					 1841(b),
					 the regulation shall remain in effect until revised by the State Water
					 Resources Control Board.
Note: Authority cited: Sections
						348(a),
						1058,
						1840 and
						1841, Water
						Code. Reference: Sections
						348(a),
						1846,
						5101,
						5103 and
						5104, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2.7 - Water Diversion and Use Reports › Article 2 - Declaration of Policy › Section 912 - NO Conflicts with Other Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  person with a water right identified in or subject to a statute, order, policy,
				  regulation, decision, judgment or probationary designation of the board, a
				  Regional Water Quality Control Board, or a court is responsible for meeting the
				  terms and conditions of the statute, order, policy, regulation, decision or
				  judgment and the requirements of this chapter. If there is any conflict or
				  inconsistency between the water use reporting requirements subject to the
				  statute, order, policy, regulation, decision, judgment or probationary
				  designation and the requirements of this chapter, the more stringent
				  requirement or requirements shall control in each instance.
(b) A permit, license, registration, or
				  certificate holder is responsible for meeting the conditions of the permit,
				  license, registration, or certificate and the requirements of this chapter. If
				  there is any conflict or inconsistency between the permit, license, or
				  registration condition for water use reporting and the requirements of this
				  chapter, the more stringent requirement or requirements shall control in each
				  instance.
1. New
					 section filed 3-21-2016 as an emergency; operative 3-21-2016 (Register 2016,
					 No. 13). Pursuant to Water Code section
					 1841(b),
					 the regulation shall remain in effect until revised by the State Water
					 Resources Control Board.
Note: Authority cited: Sections
						348(a),
						1058,
						1840 and
						1841, Water
						Code. Reference: Sections
						348(a)
						and
						1846, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2.7 - Water Diversion and Use Reports › Article 2 - Declaration of Policy › Section 915 - Changes in Contact Information of Owners, Diverters, or Agents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  owner of or applicant for a water right permit, license, or registration shall
				  notify the board within 30 days of changes in contact information of the owner
				  or agent by completing and electronically submitting the contact information
				  update form available on the board's website.
(b) The completed contact information update
				  form shall include the following information:
(1) The water right identification number(s)
				  associated with the change of contact information;
(2) Indication whether the change of contact
				  information pertains to an owner or agent, and updated contact information for
				  the person including name, address, phone number, and email address;
(3) The name, address, phone number, and
				  email address for the person to whom all correspondence pertaining to the water
				  right should be sent, and whether that person is an owner or agent;
				  and
(4) Additional information or
				  other instructions regarding this change, if any.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2.7 - Water Diversion and Use Reports › Article 2 - Declaration of Policy › Section 916 - Request for Additional Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A diverter may submit a request for additional time to
					 comply with the provisions of this chapter on a form available on the board's
					 website. The Deputy Director for the Division of Water Rights may grant such
					 requests upon a showing of good cause.
1. New
					 section filed 3-21-2016 as an emergency; operative 3-21-2016 (Register 2016,
					 No. 13). Pursuant to Water Code section
					 1841(b),
					 the regulation shall remain in effect until revised by the State Water
					 Resources Control Board. For prior history, see Register 87, No. 10.
Note: Authority cited: Sections
						348(a),
						1058,
						1840 and
						1841, Water
						Code. Reference: Section
						348(a),
						Water Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2.7 - Water Diversion and Use Reports › Article 2 - Declaration of Policy › Section 917 - Reporting - Insufficient Flows to Support All Diversions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When flows or projected available supplies in a watershed or subwatershed are
				  sufficient to support some but not all projected diversion demand, the Deputy
				  Director for the Division of Water Rights may require water diverters located
				  within the watershed or subwatershed to electronically submit monthly or more
				  frequent reports of water diversion.
(b) Reports of water diversion shall be
				  submitted in accordance with a schedule approved by the Deputy Director for the
				  Division of Water Rights. The schedule may require monthly, daily, or more
				  frequent reporting. In determining the frequency of reporting, the Deputy
				  Director for the Division of Water Rights shall not exceed the frequency of
				  recording required under section
				  933, subdivision (b)(1), of this
				  title.
(c) Water right diversion
				  demand projections made under this section may be based on reported diversion
				  and use data, including but not limited to data submitted with Progress Reports
				  by Permittees, Reports of Licensees, Reports of Registration and Certificate
				  Holders, Supplemental Statements of Water Diversion and Use, and reports filed
				  by watermasters pursuant to Water Code section
				  5101,
				  subdivisions (d) and (e).
(d) Water
				  availability projections made under this section may be based on:
(1) Projections from the Department of Water
				  Resources or its successor;
(2)
				  Projections from the National Weather Service, California Nevada River Forecast
				  Center, and similar sources;
(3)
				  Stream gage data; and
(4) Other
				  data the Deputy Director for the Division of Water Rights determines is
				  appropriate, given data availability, data reliability, and staff
				  resources.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2.7 - Water Diversion and Use Reports › Article 2 - Declaration of Policy › Section 918 - Ground for Protest. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of Section
					 918 to Section
					 897 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 74, No. 48.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2.7 - Water Diversion and Use Reports › Article 2 - Declaration of Policy › Section 921 - Watermaster Reports Filed with the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Watermasters that elect to file annual reports with the board shall file the
				  reports in an electronic format acceptable to the board.
(b) Reports filed with the board by a
				  watermaster pursuant to Water Code section
				  5101(d)
				  shall include the following information:
(1)
				  Identity of the person(s) diverting water
(2) Description of the general purposes of
				  use
(3) Description of the place of
				  use
(4) The type of use
(5) The quantity of water diverted from each
				  source.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2.7 - Water Diversion and Use Reports › Article 2 - Declaration of Policy › Section 922 - Diverters in a Watermaster Service Area

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Pursuant to section
				  5101 of the
				  Water Code, any person who diverts water in a watermaster service area that is
				  not included in reports filed by the watermaster with the board or a court
				  shall report such diversions by filing a Supplemental Statement of Water
				  Diversion and Use pursuant to section
				  920 of this chapter.
(b) Any person who diverts pursuant to a
				  permit, license, registration, or certificate in a watermaster service area
				  shall file reports pursuant to sections
				  924,
				  925 and
				  929 of this chapter, as
				  applicable, even if the diversion is reported by the watermaster.
1. New
					 section filed 3-21-2016 as an emergency; operative 3-21-2016 (Register 2016,
					 No. 13). Pursuant to Water Code section
					 1841(b),
					 the regulation shall remain in effect until revised by the State Water
					 Resources Control Board. For prior history, see Register 87, No. 10.
Note: Authority cited: Sections
						348(a),
						1058,
						1840,
						1841 and
						5103, Water
						Code. Reference: Sections
						348(a),
						5101(d)
						and
						5101(e),
						Water Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2.7 - Water Diversion and Use Reports › Article 2 - Declaration of Policy › Section 924 - Water Use Reports of Registration and Certificate Holders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Reports of registration and certificate holders shall be filed annually before
				  February 1 after the close of the twelve month reporting period. Provisional
				  streamflow data may be used in preparing the water use report if final
				  streamflow data are not available by the reporting deadline. If provisional
				  streamflow data are used in the water use report, an amended report based on
				  final streamflow data shall be filed within one month of the date the final
				  streamflow data are available. The board may rely upon any report, including a
				  report based on provisional data, until and unless a revised report is filed.
				  The report shall be filed electronically on a form available at the board's
				  website. Compliance with the requirement to file a water use report is a
				  condition of every registration or certificate. A failure to file a report
				  under this section is a violation of registration and certificate terms, as
				  applicable.
(b) The annual reports
				  shall include the following information:
(1) A
				  statement of compliance or of non-compliance with the terms and conditions of
				  the registration or certificate;
(2) The purpose(s) for which water is
				  diverted and used;
(3) The quantity
				  of water diverted from each point of diversion by month (or shorter timeframe
				  if otherwise required); and
(4) For
				  direct diversion, the maximum rate of diversion achieved at any time during
				  each month, if available.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2.7 - Water Diversion and Use Reports › Article 2 - Declaration of Policy › Section 926 - Revocation of the Certification. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of Section
					 926 to Section
					 905 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 74, No. 48.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2.7 - Water Diversion and Use Reports › Article 2 - Declaration of Policy › Section 930 - Notices of Extraction and Diversion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Annual notices of groundwater extraction and diversion required pursuant to
				  Part 5 of Division 2 of the Water Code shall be submitted to the board
				  electronically before February 1 of the year after the twelve month reporting
				  period, on the forms available at the board's website. A failure to file an
				  annual notice of groundwater extraction and diversion is considered non-use of
				  water.
(b) The report shall include
				  the following information:
(1) Type of
				  diversion;
(2) Amount of
				  groundwater extracted during the calendar year;
(3) Amount of surface water diverted and
				  used, if applicable;
(4) Method of
				  measurement;
(5) Supplemental
				  information, if applicable.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2.8 - Measuring and Monitoring › Section 931 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions apply to the terms as they are used
				  in this Chapter.
(a) "Accuracy" means
				the measured volume relative to the actual volume, expressed as a percent, and
				determined at the same frequency as is specified for monitoring in section
				933, subdivision (b) of this
				title. The percent shall be calculated as 100 x (measured value - actual
				value)/actual value.
(1) "Measured value" is
				the value indicated by the device or measurement method or determined through
				calculations, such as flow rate combined with duration of flow.
(2) "Actual value" is the value as determined
				through laboratory, design, or field testing protocols.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2.8 - Measuring and Monitoring › Section 931.5 - Authority of the Delta Watermaster

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Delta Watermaster may exercise all powers assigned to the
				  deputy director under this chapter for any point of diversion located within
				  the Delta. The deputy director may exercise these powers within the Delta
				  during a vacancy in the position of Delta Watermaster or as authorized by the
				  Delta Watermaster.
1. New section
				  filed 3-21-2016 as an emergency; operative 3-21-2016 (Register 2016, No. 13).
				  Pursuant to Water Code section
				  1841(b),
				  the regulation shall remain in effect until revised by the State Water
				  Resources Control Board.
Note: Authority cited: Sections
					 1058,
					 1840 and
					 1841, Water
					 Code. Reference: Section
					 85230, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2.8 - Measuring and Monitoring › Section 932 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except
				as provided in subdivision (d), the following diverters shall install and
				maintain a measuring device or employ a measurement method capable of measuring
				the rate of diversion, rate of collection to storage, the rate of withdrawal or
				release from storage, and the total volume of water diverted or collected to
				storage:
(1) Any person authorized to divert
				greater than 10 acre-feet of water per year under a permit or
				license.
(2) Any person who has
				previously diverted or intends to divert greater than 10 acre-feet of water per
				year and is required under Water Code Part 5.1 to file a Statement of Water
				Diversions and Use.
(3) Any person
				authorized to divert greater than 10 acre-feet of water per year or to have a
				storage facility with a capacity greater than 10 acre-feet under a
				registration.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2.8 - Measuring and Monitoring › Section 933 - Measuring Device Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Measurement Options. A diverter may choose any measuring device, or combination
				of devices, that meet the requirements of this section.
(b) Data.
(1) Data Recording. The measuring device
				shall be capable of recording the date, time, and at least one of the
				following: total volume of water diverted, flow rate, water velocity, or water
				elevation. The data shall be recorded in a format retrievable and viewable
				using Microsoft Excel, Microsoft Access, or other software program authorized
				by the deputy director. The measuring device shall be capable of recording the
				required information as follows:
(A) For
				direct diversion:
(i) On an hourly or more
				frequent basis for a diverter with a right or a claimed right to divert 1000
				acre-feet of water per year or more.
(ii) On a daily or more frequent basis for a
				diverter with a right or a claimed right to divert 100 acre-feet of water per
				year or more.
(iii) On a weekly or
				more frequent basis for a diverter with a right or a claimed right to divert
				more than 10 acre-feet of water per year.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2.8 - Measuring and Monitoring › Section 934 - Measurement Method

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				measurement method is a protocol for measuring water diversions, other than
				through a measuring device at each authorized point of diversion, where the
				method achieves the accuracy requirements of subdivision (e) of this section.
				The board encourages diverters on a local or regional basis to cooperate and
				establish a measurement method or methods to measure direct diversion,
				diversion to storage, and withdrawal or release from storage in an efficient
				and cost effective manner which meets the accuracy requirements of subdivision
				(e) of this section. Any measurement method shall be able to quantify the
				amount of water diverted under all separate priorities of rights being
				exercised. If the claimed water rights included in a measurement method have
				different requirements under section
				933, the more stringent
				requirement shall control for all of the claimed water rights covered by the
				measurement method.
(b) Minimum
				Standards for Measurement Method.
(1) Form and
				Content. A measurement method shall be prepared by a qualified individual and
				shall include, at a minimum, a written description that includes the following
				information:
(A) Name and contact information
				of all participants, including designation of an agent to serve as the primary
				contact person.
(B) Topographic or
				aerial map(s) showing location of participants and covered lands (including all
				assessor parcel numbers). The map shall conform to the mapping requirements of
				article 7 of chapter 2 of division 3 of this title.
(C) Description of how the measurement method
				is implemented to meet the requirements of this chapter.
(D) Documentation required under subdivision
				(f) of this section verifying the accuracy of the measurement method.
(E) Description of the permits, licenses,
				registrations, certificates and water right claims covered by the measurement
				method including for each individual right: file number, owner name, water
				right type, priority of diversion, monthly and annual diversion amounts, place
				of use, purpose of use, and alternative sources of water.
(F) Description of how the measurement method
				will account for each priority of right during periods of insufficient
				supply.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2.8 - Measuring and Monitoring › Section 935 - Alternative Compliance for a Measuring Device or Measurement Method Requirement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Alternative Compliance -- Generally. In circumstances where strict compliance
				with sections
				933 or
				934 of this title is not feasible,
				would be unreasonably expensive, would unreasonably affect public trust uses,
				or would result in the waste or unreasonable use of water, a diverter may
				submit an alternative compliance plan.
(b) Minimum Standards -- an alternative
				compliance plan under subdivision (a) shall meet the following minimum
				standards:
(1) The plan shall include the
				following information:
(A) The name and
				contact information for all diverters covered by the plan;
(B) The name and contact information for the
				person designated to represent all diverters covered by the plan in matters
				before the board;
(C)
				Identification of each individual water right type and priority covered by the
				plan;
(D) A detailed description of
				the area served by the plan, including all points of diversion whether used or
				not used, all methods of diversion, any conveyance systems, all beneficial uses
				of water, and all acreage served;
(E) The assessor's parcel numbers and
				ownership within the area covered by the plan;
(F) Identification of the proposed
				measurement frequency;
(G)
				Identification of the proposed measurement methodology;
(H) Topographic map(s) or aerial
				photograph(s) of the area covered by the plan that show the separate places of
				use authorized to be served by claimed water rights covered by the plan and
				showing the acreage served;
(I) An
				implementation schedule, including date-specific, objective milestones of plan
				implementation from date of filing through final implementation, including the
				estimated milestones for acquiring permits required for plan implementation and
				the estimated milestones for compliance with the California Environmental
				Quality Act, if required;
(J)
				Budget for implementation of the plan and the source(s) of financing for the
				plan;
(K) A list of any permits
				required for plan implementation, the agencies that will issue the permits, and
				expected dates for issuance;
(L) An
				affirmation, signed by all diverters covered by the plan, that the plan will be
				implemented in accordance with the schedule contained therein and that all
				claimed water rights covered by the plan will not be exercised outside the
				scope of the plan.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2.8 - Measuring and Monitoring › Section 936 - Request for Additional Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				diverter may submit a request for additional time to comply with the provisions
				of this Chapter on a form available on the board's website. The additional time
				granted by the deputy director shall not exceed 24 months per
				extension.
(b) Approval of a time
				extension request is contingent on the following:
(1) Financial considerations shall be
				considered only in cases where the diverter has requested agency funding, and
				is awaiting grant or loan award.
(2) Extensions based on other considerations
				are limited to:
(A) minimum time needed to
				access site due to weather conditions; or
(B) minimum time needed to obtain other
				agency permits; or
(C) minimum time
				needed to comply with construction time periods set in other agency permits;
				or
(D) unforeseen
				circumstances.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2.8 - Measuring and Monitoring › Section 937 - Report of Water Measuring Device

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Report
				-- Filing Requirements. A report of water measuring device shall be filed
				electronically on a form available on the board's website.
(1) For measuring devices installed on or
				before January 1, 2016, a diverter shall submit a report of water measuring
				device to the board with the first water use report filed after January 1,
				2017.
(2) For measuring devices
				installed after January 1, 2016, a diverter shall submit a report of water
				measuring device to the board with the first water use report submitted after
				installation of the device.
(3)
				After the initial report has been submitted, the diverter shall provide the
				board with a report of water measuring device at five year intervals.
(4) The diverter shall submit a report of
				water measuring device to the board within 30 days of installation or
				calibration of a new or replacement measuring device.
(5) The diverter shall submit a report of
				water measuring device to the board within 30 days of request from the
				board.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2.8 - Measuring and Monitoring › Section 938 - Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Failure to meet the requirements of this Chapter is violation
				  subject to civil liability of up to $500 per day pursuant to Water Code section
				  1846.
1. New section
				  filed 3-21-2016 as an emergency; operative 3-21-2016 (Register 2016, No. 13).
				  Pursuant to Water Code section
				  1841(b),
				  the regulation shall remain in effect until revised by the State Water
				  Resources Control Board.
Note: Authority cited: Sections
					 1058,
					 1840 and
					 1841, Water
					 Code. Reference: Sections
					 13 and
					 1846, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 1 - Definitions › Section 940 - Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Board" when used in this subchapter means the State Water
					 Resources Control Board.
1. Repealer
					 of Sections
					 950 through
					 983,
					 989,
					 992,
					 993 and
					 996; new Sections
					 940 and
					 950 through
					 969 filed 6-12-56; effective
					 thirtieth day thereafter (Register 56, No. 12).
2. Amendment filed
					 12-7-67 as organizational and procedural; effective upon filing (Register 67,
					 No. 49).
3. Amendment filed 1-16-87; effective thirtieth day
					 thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 945 - Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A petition requesting a determination of the rights to
					 water from a stream system, pursuant to Water Code Section
					 2525, shall be
					 submitted to the board and shall contain the following:
(a) The petitioner's name and
				  address.
(b) A description of the
				  stream system of which the determination of all rights to water is
				  sought.
(c) A statement of the
				  nature of the right or rights claimed by the petitioner.
(d) A statement of facts and conditions
				  showing why the public interest and necessity will be served by a determination
				  of all rights to water of the stream system.
(e) Petitioner's signature.
If a petition is signed by more than one petitioner, the
					 information required by (a) and (c) above shall be provided as to each
					 petitioner.
1.
					 Renumbering and amendment of Section
					 950 to Section
					 945 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history of Section
					 950, see Registers 67, No. 49 and
					 56, No. 12.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						2501 and
						2525, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 946 - Public Interest and Necessity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In making its determination pursuant to Water Code Section
					 2525 that the
					 public interest and necessity will be served by a determination of the water
					 rights involved, the board will consider, together with other relevant facts
					 and conditions, the following:
(a) The
				  degree to which the waters of the stream system are fully used.
(b) Existence of uncertainty as to the
				  relative priorities of rights to the use of waters of the stream
				  system.
(c) Unsuitability of less
				  comprehensive measures, such as private litigation or agreements, to achieve
				  certainty of rights to the use of waters of the stream system.
(d) Need for a system-wide decree or
				  watermaster service, or both, to assure fair and efficient allocation of the
				  waters of the stream system.
1. New
					 section filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
					 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Section
						2525, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 947 - Proof of Claim of Water Right

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Proofs of claims shall be typewritten or legibly written in ink upon forms
				  furnished by the board. The proofs shall be certified as true under penalty of
				  perjury in accordance with Section
				  2105.5
				  of the Code of Civil Procedure.
(b)
				  A separate proof shall be filed for each purpose of use, including public trust
				  use, except that water for incidental domestic, stock watering and recreational
				  use may be claimed in the same proof with any other use, and except that public
				  trust uses must be claimed in a single proof.
(c) A separate proof shall be filed for each
				  diversion from the stream, except where one or more supplemental diversions are
				  used as a convenience to convey water from the same source, under the same
				  claim of right, to the same place of use.
(d) Whenever a claim is based upon a pending
				  application, permit or license to appropriate water, pursuant to the Water
				  Commission Act or the Water Code, a single proof of claim may be
				  submitted.
(e) Where water is
				  supplied by a public agency or private business or non-profit association, the
				  required proofs shall be filed by the agency or association covering all water
				  diverted by such entity from the source. Those supplied with water need not
				  submit separate proofs, but may do so if they claim separate rights.
(f) Where a water right is held by two or
				  more parties and the interests in said water right have been divided among the
				  respective parties, each party shall file a separate proof covering his
				  individual interest in the water right.
(g) Where a water right is held by two or
				  more parties and the interests in said water right are undivided, one proof may
				  be filed to cover the claim of the several parties.
1.
					 Renumbering and amendment of Sections
					 951-957 to Section
					 947 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 67, No. 49.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						2501,
						2526,
						2528,
						2553,
						2555,
						2575 and
						2576, Water
						Code; and National Audubon Society v. Superior Court of Alpine County, 33
						Cal.3d 419, 189 Cal.Rptr. 346, 658 P.2d 709 (1983).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 948 - Signature of Deponent Claimant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The proof shall be signed by the claimant or authorized
					 agent. The board shall presume that any person other than a claimant, who signs
					 a proof of claim is an authorized agent. The presumption is overcome if the
					 board may be charged with actual knowledge that the person signing has no
					 authority to do so.
1.
					 Renumbering and amendment of Section
					 961 to Section
					 948 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 56, No. 12.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						2553,
						2554,
						2555,
						2575 and
						2576, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 949 - Objections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Objections to the board's report, abstract of claims or
					 water right, or preliminary order of determination shall be submitted in
					 writing and shall state the specific objections and the grounds upon which the
					 objections are based.
1.
					 Renumbering and amendment of Section
					 962 to Section
					 949 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 77, No. 10.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						2604 and
						2628, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 950 - Other Applicable Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following provisions of Article 11 of Subchapter 2
					 apply to hearings held in connection with adjudication of water rights, except
					 that all references to "applicants," "petitioners" or "protestants" shall be
					 read as referring to claimants, other holders of rights included in the
					 preliminary order of determination and objectors in the adjudication
					 proceeding: Section
					 761, Procedure at Hearings;
					 Section 762, Witnesses and Exhibits;
					 Section 763, Subpoenas; Section
					 766, Failure to Appear.
1.
					 Renumbering and amendment of former Section
					 988 to Section
					 950 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
2. Amendment filed
					 12-7-67 as procedural and organizational; effective upon filing (Register 67,
					 No. 49).
3. Renumbering and amendment of former Section
					 950 to Section
					 945, and new section
					 950 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
4. Editorial
					 correction amending section (Register 2005, No. 17).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						183,
						1051 and
						2650, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 951 - Inspection of Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No proofs or documents relating thereto shall be taken from
					 the custody of the board prior to filing same with the clerk of the superior
					 court, as provided in Section
					 2750 of the
					 Water Code. Access to the same, and inspection thereof, will be permitted
					 during regular office hours.
1. Amendment
					 filed 12-7-67 as organizational and procedural; effective upon filing (Register
					 67, No. 49). For prior history, see Register 56, No. 12.
2.
					 Renumbering and amendment of former Section
					 951 to Section
					 947, and renumbering and amendment
					 of Section
					 969 to Section
					 951 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						2625,
						2626 and
						2750, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 952 - Separate Proof for Each Purpose of Use. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 12-7-67 as organizational and procedural; effective thirtieth day
					 thereafter (Register 67, No. 49). For prior history, see Register 56, No.
					 12.
2. Renumbering and amendment of former Section
					 952 to Section
					 947 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 953 - Separate Proof for Each Diversion. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of Section
					 953 to Section
					 947 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 56, No. 12.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 954 - Single Proof for Claim Initiated Under the Water Commission Act or Water Code. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of Section
					 954 to Section
					 947 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 56, No. 12.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 955 - Claims to Water Supplied by District or Water Company. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of Section
					 955 to Section
					 947 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 56, No. 12.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 956 - Divided Interests. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of Section
					 956 to Section
					 947 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 56, No. 12.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 957 - Undivided Interests. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of Section
					 957 to Section
					 947 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 56, No. 12.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 958 - General Requirements for Proofs of Claims. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section (renumbered from former Section
					 990(a) amended)
					 filed 6-12-56; effective thirtieth day thereafter (Register 56, No.
					 12).
2. Amendment of subsections (b) and (c) filed 4-25-72;
					 effective thirtieth day thereafter (Register 72, No. 18).
3.
					 Repealer filed 3-4-77; effective thirtieth day thereafter (Register 77, No.
					 10).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 959 - Specific Requirements for Irrigation Proofs. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section (renumbered from former Section
					 990(b), (c) and
					 (d), amended) filed 6-12-56; effective
					 thirtieth day thereafter (Register 56, No. 12).
2. Amendment filed
					 12-7-67 as organizational and procedural; effective upon filing (Register 67,
					 No. 49).
3. Repealer and new section filed 4-25-72; effective
					 thirtieth day thereafter (Register 72, No. 18).
4. Repealer filed
					 3-4-77; effective thirtieth day thereafter (Register 77, No. 10).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 960 - Uses Other than Irrigation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (b) filed 4-25-72; effective thirtieth day thereafter (Register
					 72, No. 18). For prior history, see Register 56, No. 12.
2. Repealer
					 filed 3-4-77; effective thirtieth day thereafter (Register 77, No. 10).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 961 - Signature of Deponent. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of Section
					 961 to Section
					 948 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 56, No. 12.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 962 - Objections. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section (renumbered from former Section
					 991 amended) filed 6-12-56;
					 effective thirtieth day thereafter (Register 56, No. 12).
2.
					 Amendment filed 12-7-67 as organizational and procedural; effective upon filing
					 (Register 67, No. 49).
3. Amendment filed 3-4-77; effective
					 thirtieth day thereafter (Register 77, No. 10).
4. Renumbering and
					 amendment of Section
					 962 to Section
					 749 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).