California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2 - Appropriation of Water › Article 14 - Standard Permit Terms and Conditions › Section 780 - Standard Permit Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board maintains a list of Standard Permit Terms,
					 applicable portions of which are included in all permits. Copies of the
					 Standard Permit Terms are available upon request. In addition to the applicable
					 standard terms which are included in each permit, the following terms shall be
					 included in every water right permit issued by the board, and shall be included
					 in every existing permit as a condition for granting an extension of time to
					 commence or to complete construction work or to apply the water to full
					 beneficial use:
(a) Continuing
				  Authority. Pursuant to California Water Code Sections
				  100 and
				  275 and the
				  common law public trust doctrine, all rights and privileges under this permit
				  and under any license issued pursuant thereto, including method of diversion,
				  method of use, and quantity of water diverted, are subject to the continuing
				  authority of the State Water Resources Control Board in accordance with law and
				  in the interest of the public welfare to protect public trust uses and to
				  prevent waste, unreasonable use, unreasonable method of use or unreasonable
				  method of diversion of said water.
The continuing authority of the board may be exercised by
					 imposing specific requirements over and above those contained in this permit
					 with a view to eliminating waste of water and to meeting the reasonable water
					 requirements of permittee without unreasonable draft on the source. Permittee
					 may be required to implement a water conservation plan, features of which may
					 include but not necessarily be limited to:
(1) reusing or reclaiming the water
				  allocated;
(2) using water reclaimed
				  by another entity instead of all or part of the water allocated;
(3) restricting diversions so as to eliminate
				  agricultural tailwater or to reduce return flow;
(4) suppressing evaporation losses from water
				  surfaces;
(5) controlling
				  phreatophytic growth; and
(6) to
				  installing, maintaining, and operating efficient water measuring devices to
				  assure compliance with the quantity limitations of this permit and to determine
				  accurately water use as against reasonable water requirements for the
				  authorized project. No action will be taken pursuant to this paragraph unless
				  the board determines, after notice to affected parties and opportunity for
				  hearing, that such specific requirements are physically and financially
				  feasible and are appropriate to the particular situation. The continuing
				  authority of the board also may be exercised by imposing further limitations on
				  the diversion and use of water by the permittee in order to protect public
				  trust uses. No action will be taken pursuant to this paragraph unless the board
				  determines, after notice to affected parties and opportunity for hearing, that
				  such action is consistent with California Constitution Article X, Sec.
				  2; is consistent with the public
				  interest and is necessary to preserve or restore the uses protected by the
				  public trust.