California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 5 - Fees › Section 1062 - Filing Fees for Water Right Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				person who files a water right application shall pay to the board a filing fee
				as follows:
(1)
(A) Except as provided in subparagraphs (B)
				through (E), the fee for a water right application shall be $1,000, plus $15
				for each acre-foot that the applicant seeks to divert in excess of 10
				acre-feet. The total fee shall not exceed $648,914, plus any additional fee due
				pursuant to subparagraphs (2) and (3).
(B) At a facility where a small hydroelectric
				generating facility meets the criteria for a Class 28 categorical exemption
				under the California Environmental Quality Act, as established in California
				Code of Regulations, title 14, section
				15328, the fee shall be
				$1,000.
(C) The fee for an
				application for a temporary permit filed under Water Code section
				1425, other
				than a permit described in subparagraph (D) or (E) of this subdivision, shall
				be the greater of either (i) 50 percent of the fee calculated under
				subparagraph (A), above, or (ii) $2,000.
(D) The fee for an application for a
				temporary permit under Water Code section
				1425 for a
				small hydroelectric generating facility that meets the criteria for a Class 28
				categorical exemption under the California Environmental Quality Act, as
				established in California Code of Regulations, title 14, section
				15328, shall be $1,000. The filing
				fee includes the annual permit fee if a temporary permit is issued.
(E) The fee for an application for a
				temporary permit filed under Water Code section
				1425 that is
				solely for purposes of diverting water from high flow events to underground
				storage for later beneficial use shall be the lesser of either (i) the fee
				calculated pursuant to subparagraph (C), above, or (ii) $5,000 plus $0.10 for
				every acre-foot of water applied for. For renewal of a temporary permit issued
				pursuant to this subparagraph, where the renewal proposes an identical project
				and is filed within one year of issuance of the prior temporary permit, the fee
				for renewal of a temporary permit shall be $1,500 plus $0.20 per acre-foot of
				water actually diverted under the renewed temporary permit. The portion of the
				application fee based on the amount diverted shall be due within 30 days of
				permit expiration, and shall be accompanied by a report of the amount actually
				diverted.
(F) The fee for an
				application for an appropriative right to divert water to underground storage
				that meets the criteria of this subparagraph shall be 75 percent of the fee
				calculated pursuant to subdivision (a)(1)(A). To be eligible for this reduced
				fee:
(i) The application must be for
				diversion of water only between December 1 and March 31;
(ii) The application must be primarily for
				diversion to underground storage in a groundwater basin identified in Bulletin
				118;
(iii) The applicant must be a
				Groundwater Sustainability Agency or local agency as defined in Water Code
				section
				10721;
(iv) The applicant has completed all
				environmental documents required under the California Environmental Quality Act
				(CEQA); and
(v) The application
				proposes diversions only when either the streamflow at the point(s) of
				diversion is above the 90th percentile calculated from gage data during the
				period-of-record and the diversion rate is limited to 20 percent of the total
				streamflow, or when flows in the source waterbody at or near the point of
				diversion exceed thresholds that trigger flood control actions necessary to
				mitigate threats to human health and safety according to established written
				flood management protocols adopted by a flood control agency.
(G) The fee for an application for
				a temporary permit filed under Water Code section
				1433.1 that is
				solely for purposes of diverting water to underground storage for later
				beneficial use shall be comprised of an initial filing fee equal to the lesser
				of either (i) five times the fee calculated pursuant to subparagraph (C),
				above, or (ii) $11,000 plus $0.10 for every acre-foot of water applied for,
				plus, in each fiscal year after the fiscal year in which the initial filing fee
				is due, $0.20 per acre-foot of water actually diverted. The portion of the fee
				based on the amount actually diverted shall be due within 30 days after the end
				of the diversion season, and shall be accompanied by a report of the amount
				actually diverted.
(H) An applicant
				for a temporary permit filed under Water Code section
				1433.1 shall
				also pay, in addition to the fee required by subdivision (a)(1)(G) of this
				section, a fee for the California Department of Fish and Wildlife review of the
				application as follows:
(i) For an
				application to divert less than 10,000 acre-feet of water per year, $3,000 plus
				$0.10 per acre-foot of water applied for; or
(ii) For an application to divert 10,000
				acre-feet of water per year or more, $5,000 plus $0.10 per acre-foot of water
				applied for.