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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 5 - Fees › Section 1061 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Annual
				fee" means a fee for the twelve-month fiscal year beginning July 1 and ending
				June 30, that is described in sections
				1063,
				1065,
				1066,
				1067, and
				3833.1 of this title, and that the
				State Board of Equalization is required to collect pursuant to Water Code
				section
				1537.
(b) "Assessment" means an amount owing as
				included in a notice of determination or similar billing document issued by the
				State Board of Equalization to a person identified by the board as owing an
				annual fee, unpaid fee, or expense.
(c) "Board" means the State Water Resources
				Control Board.
(d) "Fee payer"
				means any person liable for the payment of fees or expenses collected pursuant
				to this chapter.
(e) "Person" means
				a person, individual, trust, joint stock company, business concern, firm,
				association, organization, partnership, business trust, corporation, limited
				liability company, company, or entity or organization capable of holding an
				interest in real property in California. "Person" also includes a city, county,
				city and county, district, commission, the state or any department, agency, or
				political subdivision thereof, interstate body, and the United States, to the
				extent authorized by federal law.
(f) "Unpaid fee" means any fee provided for
				under this chapter or chapter 28 of this title that was not timely paid to the
				board and that the State Board of Equalization is required to collect pursuant
				to Water Code section
				1537.
1. New chapter
				  5 (sections
				  1061-1078) and section filed
				  12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52).
				  Pursuant to Water Code section
				  1530 this
				  rulemaking action remains in effect until revised by the State Water Resources
				  Control Board. For prior history of chapter 5, sections
				  2001-2022, see Register 81, No.
				  36.
Note: Authority cited: Sections
					 1058 and
					 1530, Water
					 Code. Reference: Sections
					 19,
					 25,
					 1252.5,
					 1525,
					 1536,
					 1537 and
					 13050(c),
					 Water Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 5 - Fees › Section 1063 - Annual Fees for Water Right Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Under any of the following circumstances, a water right
				  applicant shall pay an annual fee of $750 plus $0.109 for each acre-foot in
				  excess of 10 acre-feet, calculated as described in section
				  1066, subdivision (b).
(a) The diversion of water, the construction
				of diversion works, or the clearing of land where the diverted water will be
				used or stored, has been initiated before a permit is issued authorizing the
				diversion.
(b) The applicant
				requests the board to delay processing the water right application.
(c) The applicant is a lead agency under the
				California Environmental Quality Act (CEQA) (commencing with Public Resources
				Code section
				21000)
				and has not adopted or certified a final environmental document for the project
				for which the application is filed, as may be required under CEQA, within two
				years after the board first provides notice of the water right
				application.
(d) The applicant
				fails to provide supplemental information requested pursuant to Water Code
				section
				1275 within the
				time period provided.
(e) The
				Deputy Director for Water Rights has determined that a permit may be issued for
				the project, but the applicant has not paid filing fees required under Public
				Resources Code section
				10005,
				Fish and Game Code section
				711.4,
				or other law.
Note: Authority cited: Sections
					 1058 and
					 1530, Water
					 Code. Reference: Sections
					 1525,
					 1536 and
					 1537, Water
					 Code.
Note: Authority cited: Sections
					 1058 and
					 1530, Water
					 Code. Reference: Sections
					 1525,
					 1536 and
					 1537, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 5 - Fees › Section 1065 - Annual Fees for Petitions or Requests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If any
				of the following circumstances occurs, a person filing a petition or request
				for release from priority shall pay an annual fee of $1,000 plus $0.40 per
				acre-foot as calculated pursuant to section
				1066, subdivision (b), up to a
				maximum of $10,000, for each water right application, permit or license covered
				by the petition or request. This annual fee is in addition to any annual fee
				required under section
				1066.
(1) The person requests the board to delay
				processing the petition or request.
(2) The person diverts or uses water, before
				the board approves the requested change, in a manner that is not authorized
				without approval of the requested change.
(3) The person is a lead agency under the
				California Environmental Quality Act (CEQA) (commencing with Public Resources
				Code section
				21000)
				and has not adopted or certified a final environmental document for the project
				for which the petition or request is filed, as may be required under CEQA,
				within two years after the board first provides notice of the petition or
				request.
(4) The person fails to
				provide supplemental information requested pursuant to Water Code section
				1701.3 within
				the time period provided.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 5 - Fees › Section 1066 - Annual Fees for Permits or Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				person who holds a water right permit or license shall pay a minimum annual fee
				of $300. If the total annual amount of diversion authorized by the permit or
				license is greater than 10 acre-feet, then the permittee or licensee shall pay
				an additional $0.109 for each acre-foot in excess of 10 acre-feet.
(1) For permits or licenses issued prior to
				the beginning of the year for which the fee is imposed, the board shall
				calculate annual fees according to the total annual amount of diversion
				authorized by the permit or license as of the beginning of the year.
(2) The board shall calculate annual fees for
				permits issued on or after the beginning of the year according to the total
				annual amount of diversion authorized by the permit as issued by the
				board.
(3) The annual fee shall be
				75 percent of the fee calculated pursuant to subdivision (a) based on the face
				value of the permit or license, or a minimum fee of $300 plus $0.109 for every
				acre-foot in excess of 10 acre-feet actually diverted, whichever is greater,
				for permits or licenses issued on or after January 1, 2020 that meet the
				following criteria:
(A) The permit or license
				meets the criteria for the reduced application fee under section
				1062, subdivision (a)(1)(F);
				and
(B) The right holder has
				installed and is maintaining a stream gage with telemetry capabilities to
				provide publicly available real-time streamflow conditions via the California
				Data Exchange Center website.
(4) The reduced annual fee available pursuant
				to subdivision (a)(3) of this section shall not apply if the right holder does
				not timely submit the progress report by the permittee required by section
				925 or the report of licensee
				required by section
				929.
(5) The reduced annual fee available pursuant
				to subdivision (a)(3) of this section shall be calculated based on timely
				reported diversions for the preceding reporting year, provided that the annual
				fee for the year in which a permit is issued shall be 75 percent of the fee
				calculated pursuant to subdivision (a) based on the face value of the permit or
				license.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 5 - Fees › Section 1066.5 - Water Rights Fee Adjustment to Correct Fiscal Year 2016-2017 Billing Error

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To
				correct for the billing error that occurred in calculating the per-acre-foot
				charge for many water rights fee payors for Fiscal Year 2016-17, the State
				Water Board will apply a credit in the amount of any overage billed in Fiscal
				Year 2016-17 to the annual billing invoice amount for Fiscal Year 2017-18 for
				each fee payor who received an incorrectly calculated bill.
(b) No fee payor shall be required to
				petition for reconsideration in order to receive a credit on their annual
				billing invoice amount for Fiscal Year 2017-18 for the amount of any overage
				billed in Fiscal Year 2016-17 due to the per-acre-foot calculation
				error.
1. New section
				  filed 1-3-2017 as an emergency; operative 1-3-2017 (Register 2017, No. 1). A
				  Certificate of Compliance must be transmitted to OAL by 7-3-2017 or emergency
				  language will be repealed by operation of law on the following day.
Note: Authority cited: Sections
					 1058 and
					 1530, Water
					 Code. Reference: Sections
					 386,
					 1228.5,
					 1425,
					 1426,
					 1525,
					 1535,
					 1536 and
					 1537, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 5 - Fees › Section 1067 - Water Leases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				person who files an application for approval of a water lease agreement
				pursuant to Water Code section
				1025.5 shall
				pay to the board a filing fee equal to an amount calculated in accordance with
				the fee schedule in section
				1062 of this chapter, except that
				the fee shall be based on the amount of water proposed to be leased over the
				entire term of the lease instead of the amount proposed to be diverted per
				year, and the fee shall not be subject to any limit imposed under that section.
				The filing fee shall constitute all annual fees for the term of the
				lease.
(b) A person who provides
				notice of a water lease to the board shall pay to the State Board of
				Equalization an annual fee determined by the board pursuant to this
				subdivision.
(1) When a water district submits
				a notice to the board under Water Code section
				1025, the water
				district shall include in the notice sufficient information for the board to
				determine the maximum amount of water to be leased for each year the lease will
				be in effect. The board shall determine the annual fees for the lease in an
				amount equal to the fee set forth in section
				1062 of this chapter for the first
				year of the lease, and the fee set forth in section
				1062 for each additional year the
				lease agreement is in effect, except that the fee for each year shall not be
				subject to any limit imposed under that section. In applying section
				1062 to calculate the amount of
				the fee for the lease, the board shall calculate a separate annual fee for each
				year based on the amount of water proposed to be leased each year instead of
				calculating the fee based on the amount of water proposed to be diverted per
				year.
(2) The water district shall
				notify the board that it has approved a lease agreement, and shall provide the
				board a copy of the notice of determination submitted in compliance with the
				California Environmental Quality Act (commencing with section
				21000
				of the Public Resources Code), within ten days after the water district
				approves the lease agreement.
(3)
				The water lease shall not take effect until the first annual fee is paid, and
				the water lease shall not continue in effect in any subsequent year unless the
				annual fee for that year is paid.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 5 - Fees › Section 1068 - Fees for Small Domestic, Livestock Stockpond and Small Irrigation Use Registrations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				person who registers an appropriation of water for small domestic or livestock
				stockpond use pursuant to Water Code section
				1228.3 shall
				pay to the board a non-refundable registration fee of $250.
(b) Each holder of a registration for small
				domestic or livestock stock-pond use issued pursuant to Water Code section
				1228.5 shall
				pay to the board an annual fee in each year after the registration was first
				registered as follows:
(1) In fiscal year
				2018-19, $50.
(2) In fiscal year
				2019-20, $75.
(3) In fiscal year
				2020-21, $100.
(4) For a small
				domestic use registration held by a low-income resident for purposes of
				providing water for human consumption, cooking and sanitary purposes, the
				annual fee shall be reduced by 20 percent.
(5) For purposes of this section, a
				low-income resident is:
(A) someone whose
				household income is 200 percent or less of federal poverty level; or
(B) someone who is enrolled in a qualified
				public assistance program.
(6) Any holder of a small domestic use
				registration who submits adequate substantiation of eligibility for the annual
				fee reduction pursuant to paragraph (4), above, during fiscal year 2018-19,
				shall receive a credit on their fiscal year 2019-20 bill in the amount of any
				overpayment.
(7) For any holder of
				a small domestic use registration who submits adequate substantiation of
				eligibility for the annual fee reduction pursuant to paragraph (4), above,
				after fiscal year 2018-19, the reduction shall take effect in the subsequent
				fiscal year.
(8) For livestock
				stockpond use, the maximum annual fee for a single primary owner holding 5 or
				more registrations shall be as follows:
(A) In
				fiscal year 2018-19, $250.
(B) In
				fiscal year 2019-20, $375.
(C) In
				fiscal year 2020-21, $500.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 5 - Fees › Section 1069 - Proof of Claim

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A person or entity who files a proof of claim under division
				  2, part 3, chapter 3, article 4 (commencing with section
				  2575) of the Water Code, shall pay
				  to the board a filing fee of $1,000 for each person or entity that files one or
				  more proof of claims that total less than 1,000 acre-feet per annum (AFA) or
				  1,000 acres of riparian land, or $10,000 if equal to or greater than 1,000 AFA
				  or 1,000 acres of riparian land.
1. New section
				  filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52).
				  Pursuant to Water Code section
				  1530 this
				  rulemaking action remains in effect until revised by the State Water Resources
				  Control Board.
2. Amendment of section filed 11-9-2020 as an
				  emergency; operative 11-9-2020 (Register 2020, No. 46). Pursuant to Water Code
				  section
				  1530, this
				  emergency regulation shall remain in effect until revised by the Board.
Note: Authority cited: Sections
					 1058 and
					 1530, Water
					 Code. Reference: Sections
					 1528,
					 1535 and
					 2850, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 5 - Fees › Section 1070 - Notice of Extraction and Diversion of Water

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				person who files a notice under division 2, part 5 (commencing with section
				4999) of the Water Code, shall pay
				to the board a filing fee of $50 except as provided in subdivision
				(b).
(b) A person who files a
				notice under division 2, part 5 (commencing with section
				4999) of the Water Code and is
				subject to the exception provided by Water Code section
				5202
				subdivision (c)(3) shall pay to the board a filing fee pursuant to the fee
				schedule provided in article 3 of chapter 4.5.
1. New section
				  filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52).
				  Pursuant to Water Code section
				  1530 this
				  rulemaking action remains in effect until revised by the State Water Resources
				  Control Board.
2. Amendment filed 10-21-2009 as an emergency;
				  operative 10-21-2009. Water Code section
				  1530 provides
				  that this filing shall be deemed an emergency and shall remain in effect until
				  revised by the State Water Resources Control Board (Register 2009, No.
				  43).
3. Amendment of section and NOTE filed 11-6-2017 as an
				  emergency; operative 11-6-2017. 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 (Register 2017, No.
				  45).
Note: Authority cited: Sections
					 1058,
					 1529.5 and
					 1530, Water
					 Code. Reference: Sections
					 1529,
					 1535,
					 5006 and
					 5202, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 5 - Fees › Section 1070.5 - Statements of Water Diversion and Use for Cannabis Cultivation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				person who files a statement of water diversion and use pursuant to division 2,
				part 5.1 (commencing with section
				5100) of the Water Code that
				reports water was used for cannabis cultivation, shall pay to the board a
				filing fee of $200.
1. New section
				  filed 11-6-2017 as an emergency; operative 11-6-2017. 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 (Register 2017, No.
				  45).
Note: Authority cited: Sections
					 1058 and
					 1530, Water
					 Code. Reference: Sections
					 1525 and
					 5101, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 5 - Fees › Section 1071 - Hydroelectric Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except
				as provided in subdivision (b), a fee imposed under this chapter for an
				activity involving the diversion or use of water for the purpose of diverting
				water for hydropower generation shall be calculated as follows:
(1) At a facility licensed, or subject to
				licensing, by the Federal Energy Regulatory Commission, the fee shall be the
				greater of either 30 percent of the fee calculated in accordance with the other
				applicable provisions of this chapter or the applicable base fee specified in
				this chapter.
(2) At all other
				hydropower generation facilities, the fee shall be the greater of either 50
				percent of the fee calculated in accordance with the other applicable
				provisions of this chapter or the applicable base fee specified in this
				chapter.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 5 - Fees › Section 1072 - Joint and Several Liability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If more than one person is liable for a fee under this
				  chapter, then that liability shall be joint and several.
1. New section
				  filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52).
				  Pursuant to Water Code section
				  1530 this
				  rulemaking action remains in effect until revised by the State Water Resources
				  Control Board.
Note: Authority cited: Sections
					 1058 and
					 1530, Water
					 Code. Reference: Section
					 1525, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 5 - Fees › Section 1073 - Allocation of Fees and Expenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Chief, Division of Water Rights (Division Chief), is delegated the authority to
				apply Water Code section
				1560,
				subdivision (b).
(b) The Division
				Chief's determination under Water Code section
				1540 whether
				the United States Bureau of Reclamation (USBR) is likely to decline to pay fees
				or expenses for projects within the Central Valley Project, and any allocation
				of those fees or expenses, shall be consistent with the following criteria:
(1) The Division Chief first shall consult
				with the USBR to ascertain whether the USBR will pay the applicable amount or
				agree to contractual arrangements that, in the opinion of the Division Chief,
				provide an adequate substitute for payment of the fee or expense.
(2) If the USBR declines or is likely to
				decline to pay the fee or expense or to agree to contractual arrangements
				acceptable to the Division Chief, the Division Chief shall allocate the fee or
				expense to the USBR'S water supply contractors in accordance with subdivision
				(b)(2) of Water Code section
				1560. The fee
				or expense for projects of the Central Valley Project shall be prorated among
				the contractors for the Central Valley Project based on either the contractor's
				entitlement under the contract or, if the contractor has a base supply under
				the contract, the contractor's supplemental supply entitlement. This formula is
				expressed mathematically as follows:
Click
				  here to view image
Where:
i
= individual contractor
x = supplemental water entitlement under the contract or
						  total contract amount if there is no base supply under the contract
n
= number of contractors
FeeUSBR = fee or expense
						  apportioned to the USBR for the Central Valley Project
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 5 - Fees › Section 1075 - Collection of Fees and Expenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				State Board of Equalization shall collect the annual fees established under
				sections 1063,
				1065,
				1066,
				1067, and
				3833.1 of this division, and any
				unpaid fees or expenses that the board refers to the State Board of
				Equalization for collection. The expenses that the State Board of Equalization
				is required to collect pursuant to Water Code section
				1537 shall be
				considered fees for purposes of the Fee Collection Procedures Law, part 30
				(commencing with section
				55001) of division 2 of the
				Revenue and Taxation Code. On referral by the board, a person owing a fee or
				expense that must be collected by the State Board of Equalization is deemed to
				have registered with the State Board of Equalization for purposes of the Fee
				Collection Procedures Law and entry into the State Board of Equalization
				registration system.
(b) The board
				may request from a fee payer any additional information necessary for the board
				to determine the appropriate fee or expense or for the State Board of
				Equalization to collect the fee or expense pursuant to the Fee Collection
				Procedures Law.
(c) For purposes of
				collection, the board shall provide the State Board of Equalization with the
				name and address of the fee payer or the fee payer's authorized representative.
				The board may designate the person from whom the State Board of Equalization
				shall collect the fee. The State Board of Equalization's issuance of an
				assessment to a fee payer's authorized representative shall be deemed to be
				notice to each fee payer.
(d) The
				State Board of Equalization may rely on the fee payer information provided by
				the board until the board notifies the State Board of Equalization of a change
				in the fee payer's information. A fee payer shall promptly notify the board of
				any changes or corrections to the fee payer's identifying information. The
				board shall promptly notify the State Board of Equalization of changes or
				corrections to the identifying information.
1. New section
				  filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52).
				  Pursuant to Water Code section
				  1530 this
				  rulemaking action remains in effect until revised by the State Water Resources
				  Control Board.
Note: Authority cited: Sections
					 1058 and
					 1530, Water
					 Code. Reference: Sections
					 1525,
					 1535,
					 1536 and
					 1537, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 5 - Fees › Section 1076 - Cancellation for Nonpayment of Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board may cancel an application, petition, or request for
				  release from priority for failure to pay either a filing fee required under
				  section 1062 or
				  1064 or an annual fee required
				  under section
				  1063 or
				  1065 of this chapter. Before
				  canceling the application, petition, or request, the board first shall notify
				  the fee payer that nonpayment of the fee may result in cancellation of the
				  application, petition or request. If the fee payer does not submit the required
				  fee within 60 days after such notification, the board may cancel the
				  application, petition, or request.
1. New section
				  filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52).
				  Pursuant to Water Code section
				  1530 this
				  rulemaking action remains in effect until revised by the State Water Resources
				  Control Board.
Note: Authority cited: Sections
					 1058 and
					 1530, Water
					 Code. Reference: Sections
					 1270,
					 1271,
					 1525 and
					 1535, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 5 - Fees › Section 1077 - Petition for Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				board's determination that a person is required to pay a fee, or determination
				regarding the amount of the fee, shall be subject to reconsideration under
				chapter 4 (commencing with Section
				1120) of part 1 of division 2 of
				the Water Code. Any petition for reconsideration shall be submitted by the fee
				payer in accordance with that chapter and article 12 (commencing with section
				768) of chapter 2 of division 3 of
				this title.
(1) The petition also shall
				specify why the petitioner believes that no fee is due or how the petitioner
				believes that the amount of the fee has been miscalculated.
(2) A petition for reconsideration of a fee
				assessed by the State Board of Equalization must either include either a copy
				of the notice of assessment or all of the following information:
(A) The fee payer's name;
(B) The water right or State Board of
				Equalization identification number;
(C) The amount assessed; and
(D) The billing period or assessment
				date.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 5 - Fees › Section 1078 - Objection to Determination of Expenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In a
				proceeding under chapter 3 (commencing with section
				2500) of part 3 of division 2 of
				the Water Code, any objection to the board's collection of a filing fee for
				proof of claim or of interim or partial payments pursuant to Water Code section
				2865, shall be
				subject to reconsideration under chapter 4 (commencing with Section
				1120) of part 1 of division 2 of
				the Water Code. Any petition by an aggrieved person to the board for
				reconsideration shall be submitted in accordance with that chapter and article
				12 (commencing with section
				768) of chapter 2 of division 3 of
				this title. The petition also shall specify why the petitioner believes that no
				fee is due or how the petitioner believes that the amount of the fee has been
				miscalculated.
(b) Any objection to
				the final determination of expenses, or apportionment thereof, made by the
				board and filed with the court shall be made in accordance with the provisions
				of article 13 (commencing with Water Code section
				2850) of
				chapter 3 of part 3 of division 2 of the Water Code.
1. New section
				  filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52).
				  Pursuant to Water Code section
				  1530 this
				  rulemaking action remains in effect until revised by the State Water Resources
				  Control Board.
Note: Authority cited: Sections
					 1058 and
					 1530, Water
					 Code. Reference: Sections
					 1120,
					 1525 and
					 2850, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 6 - Review by State Board of Action or Failure to Act by Regional Board › Section 2050 - Petition for Review by State Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				petition by an aggrieved person to the state board for review under Water Code
				Section
				13320(a)
				of an action or failure to act by a regional board shall be submitted in
				writing and received by the state board within 30 days of any action or failure
				to act by a regional board. The petition shall contain the following:
(1) Name, address, telephone number and email
				address (if available) of the petitioner.
(2) The specific action or inaction of the
				regional board which the state board is requested to review and a copy of any
				order or resolution of the regional board which is referred to in the petition,
				if available. If the order or resolution of the regional board is not
				available, a statement shall be included giving the reason(s) for not including
				the order or resolution.
(3) The
				date on which the regional board acted or refused to act or on which the
				regional board was requested to act.
(4) A full and complete statement of the
				reasons the action or failure to act was inappropriate or improper.
(5) The manner in which the petitioner is
				aggrieved.
(6) The specific action
				by the state or regional board which petitioner requests.
(7) A statement of points and authorities in
				support of legal issues raised in the petition, including citations to
				documents or the transcript of the regional board hearing if it is
				available.
(8) A statement that the
				petition has been sent to the appropriate regional board and to the discharger,
				if not the petitioner.
(9) A
				statement that the substantive issues or objections raised in the petition were
				raised before the regional board, or an explanation of why the petitioner was
				not required or was unable to raise these substantive issues or objections
				before the regional board.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 6 - Review by State Board of Action or Failure to Act by Regional Board › Section 2050.6 - Supplemental Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If any
				person requests that the state board consider evidence not previously provided
				to the regional board, that person shall provide a statement that additional
				evidence is available that was not presented to the regional board or that
				evidence was improperly excluded by the regional board. Any request by a
				regional board to present additional evidence shall comply with (a)(1) through
				(3).
(1) The request to present additional
				evidence and all supporting arguments shall be provided at the time the
				petition is filed, or as soon as the evidence becomes available
				thereafter.
(2) The request to
				present additional evidence shall include a detailed statement of the nature of
				the evidence and of the facts to be proved. If the evidence was not presented
				to the regional board, the person requesting consideration of the evidence
				shall provide a detailed explanation of the reasons why the evidence could not
				previously have been submitted. If the person presenting the evidence contends
				that the evidence was improperly excluded, the request shall include a specific
				statement of the manner in which the evidence was improperly
				excluded.
(3) If the state board,
				in its discretion, approves a request to present additional evidence, the
				proponent must submit the evidence in writing and must also provide it to the
				petitioner, the discharger (if not the petitioner) and the regional board. The
				state board may prescribe a time limit for submission of the additional
				evidence.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 6 - Review by State Board of Action or Failure to Act by Regional Board › Section 2051 - Defective Petitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon
				receipt of a petition that does not comply with Section
				2050, the state board shall notify
				the petitioner of the manner in which the petition is defective and the time
				within which an amended petition may be filed, unless the petition is dismissed
				pursuant to section
				2052.
(b) If a properly amended petition is not
				received by the state board within the time allowed, the petition shall be
				deemed withdrawn unless cause is shown for an extension of time.
1. New NOTE
				  filed 3-16-79 as an emergency; effective upon filing (Register 79, No.
				  11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No.
				  29).
3. Amendment filed 9-23-2003; operative 10-23-2003 (Register
				  2003, No. 39).
4. Amendment of subsection (b) filed 11-25-2014;
				  operative 1-1-2015 (Register 2014, No. 48).
Note: Authority cited: Section
					 1058, Water
					 Code. Reference: Section
					 13320, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 6 - Review by State Board of Action or Failure to Act by Regional Board › Section 2052 - Action on a Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				state board may:
(1) At any time, refuse to
				review the action or failure to act of the regional board if the petition fails
				to raise substantial issues that are appropriate for review, or
(2) After review of all or part of the
				regional board's records pertaining to the matter, including the transcript of
				any hearing held by the regional board:
(A)
				Deny the petition upon a finding that the action or failure to act of the
				regional board was appropriate and proper or that the petition fails to raise
				substantial issues that are appropriate for review; or
(B) Set aside or modify the regional board
				order; or
(C) Direct the regional
				board to take appropriate action.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 6 - Review by State Board of Action or Failure to Act by Regional Board › Section 2052.1 - Intervention. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 1-9-74; effective thirtieth day thereafter (Register 74, No.
				  2).
2. Repealer filed 3-16-79 as an emergency; effective upon filing
				  (Register 79, No. 11).
3. Certificate of Compliance filed 7-13-79
				  (Register 79, No. 28).
Note: Authority cited: Section
					 1058, Water
					 Code. Reference: Section
					 13320, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 6 - Review by State Board of Action or Failure to Act by Regional Board › Section 2053 - Stay Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A stay
				of the effect of an action of a regional board shall be granted only if
				petitioner alleges facts and produces proof of all of the following:
(1) substantial harm to petitioner or to the
				public interest if a stay is not granted,
(2) a lack of substantial harm to other
				interested persons and to the public interest if a stay is granted,
				and
(3) substantial questions of
				fact or law regarding the disputed action.
A petition for a stay shall be supported by a declaration
				  under penalty of perjury of a person or persons having knowledge of the facts
				  alleged.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 6 - Review by State Board of Action or Failure to Act by Regional Board › Section 2054 - Consolidation of Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board may order two or more proceedings which are legally
				  or factually related to be considered or heard together unless any party
				  thereto makes a sufficient showing of prejudice.
1. New NOTE
				  filed 3-16-79 as an emergency; effective upon filing (Register 79, No.
				  11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No.
				  28).
Note: Authority cited: Section
					 1058, Water
					 Code. Reference: Section
					 13320, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 6 - Review by State Board of Action or Failure to Act by Regional Board › Section 2055 - Notice of Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When a review is undertaken on the board's own motion, all
				  affected persons known to the board shall be notified and given an opportunity
				  to submit information and comments, subject to such conditions as the board may
				  prescribe.
1. New NOTE
				  filed 3-16-79 as an emergency; effective upon filing (Register 79, No.
				  11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No.
				  28).
Note: Authority cited: Section
					 1058, Water
					 Code. Reference: Section
					 13320, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 6 - Review by State Board of Action or Failure to Act by Regional Board › Section 2056 - Subpoenas. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New NOTE
				  filed 3-16-79 as an emergency; effective upon filing (Register 79, No.
				  11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No.
				  28).
3. Repealer filed 12-7-81; effective thirtieth day thereafter
				  (Register 81, No. 50).
Note: Authority cited: Section
					 1058, Water
					 Code. Reference: Section
					 13320, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 6 - Review by State Board of Action or Failure to Act by Regional Board › Section 2057 - Conduct of Hearing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New NOTE
				  filed 3-16-79 as an emergency; effective upon filing (Register 79, No.
				  11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No.
				  28).
3. Repealer filed 12-7-81; effective thirtieth day thereafter
				  (Register 81, No. 50).
Note: Authority cited: Section
					 1058, Water
					 Code. Reference: Section
					 13320, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 6 - Review by State Board of Action or Failure to Act by Regional Board › Section 2058 - Additional Parties. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New NOTE
				  filed 3-16-79 as an emergency; effective upon filing (Register 79, No.
				  11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No.
				  28).
3. Repealer filed 12-7-81; effective thirtieth day thereafter
				  (Register 81, No. 50).
Note: Authority cited: Section
					 1058, Water
					 Code. Reference: Section
					 13320, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 6 - Review by State Board of Action or Failure to Act by Regional Board › Section 2059 - Evidence Rules. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New NOTE
				  filed 3-16-79 as an emergency; effective upon filing (Register 79, No.
				  11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No.
				  28).
3. Repealer filed 12-7-81; effective thirtieth day thereafter
				  (Register 81, No. 50).
Note: Authority cited: Section
					 1058, Water
					 Code. Reference: Section
					 13320, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 6 - Review by State Board of Action or Failure to Act by Regional Board › Section 2059.1 - Review of Septic Tank Prohibitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever the board reviews waste discharge requirements which
				  include a determination that the discharge of waste from existing or new
				  individual disposal systems or from community collection and disposal systems
				  which utilize subsurface disposal shall not be permitted, evidence of
				  alternatives shall be considered by he board as provided in Subchapter 9.1,
				  Article 2 of this chapter.
1. New section
				  filed 11-21-78; effective thirtieth day thereafter (Register 78, No.
				  47).
Note: Authority cited: Section
					 1058, Water
					 Code. Reference: Section
					 13283, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 6 - Review by State Board of Action or Failure to Act by Regional Board › Section 2060 - Official Notice. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New NOTE
				  filed 3-16-79 as an emergency; effective upon filing (Register 79, No.
				  11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No.
				  28).
3. Repealer filed 12-7-81; effective thirtieth day thereafter
				  (Register 81, No. 50).
Note: Authority cited: Section
					 1058, Water
					 Code. Reference: Section
					 13320, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 6 - Review by State Board of Action or Failure to Act by Regional Board › Section 2061 - Order of Testimony. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New NOTE
				  filed 3-16-79 as an emergency; effective upon filing (Register 79, No.
				  11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No.
				  28).
3. Repealer filed 12-7-81; effective thirtieth day thereafter
				  (Register 81, No. 50).
Note: Authority cited: Section
					 1058, Water
					 Code. Reference: Section
					 13320, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 6 - Review by State Board of Action or Failure to Act by Regional Board › Section 2062 - Cross-Examination. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New NOTE
				  filed 3-16-79 as an emergency; effective upon filing (Register 79, No.
				  11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No.
				  28).
3. Repealer filed 12-7-81; effective thirtieth day thereafter
				  (Register 81, No. 50).
Note: Authority cited: Section
					 1058, Water
					 Code. Reference: Section
					 13320, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 6 - Review by State Board of Action or Failure to Act by Regional Board › Section 2063 - Oral Argument. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New NOTE
				  filed 3-16-79 as an emergency; effective upon filing (Register 79, No.
				  11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No.
				  28).
3. Repealer filed 12-7-81; effective thirtieth day thereafter
				  (Register 81, No. 50).
Note: Authority cited: Section
					 1058, Water
					 Code. Reference: Section
					 13320, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 6 - Review by State Board of Action or Failure to Act by Regional Board › Section 2064 - Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When a state board hearing is held the decision of the state
				  board will be based on that evidence and testimony in the record of the
				  hearing. When no hearing is held, the decision of the state board will be based
				  on the record before the regional board. Except that in either case the record
				  may be supplemented by any other evidence and testimony accepted by the state
				  board pursuant to Section
				  2050.6. Upon the close of a
				  hearing, the presiding officer may keep the hearing record open for a definite
				  time, not to exceed thirty days, to allow any party to file additional
				  exhibits, reports or affidavits.
1. Amendment
				  filed 9-1-77 as procedural and organizational; effective upon filing (Register
				  77, No. 36).
2. Amendment filed 3-16-79 as an emergency; effective
				  upon filing (Register 79, No. 11).
3. Certificate of Compliance
				  filed 7-13-79 (Register 79, No. 28).
4. Amendment filed 9-23-2003;
				  operative 10-23-2003 (Register 2003, No. 39).
Note: Authority cited: Section
					 1058, Water
					 Code. Reference: Section
					 13320, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 6 - Review by State Board of Action or Failure to Act by Regional Board › Section 2065 - Informal Disposition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Informal disposition may be made of any petition by
				  stipulation, agreed settlement, consent or default. However, any such
				  disposition will not become effective until acted upon by the state board in a
				  public meeting.
Note: Authority cited: Section
					 1058, Water
					 Code. Reference: Section
					 13320, Water
					 Code.