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 8 - Special Situation Applications › Section 731 - Applications for Water Where an Existing Right is Claimed

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  person who claims an existing right to the use of water shall be granted a
				  permit or license to appropriate no more water than is needed over that which
				  is available under the existing right to meet the beneficial use requirements
				  of the project. In implementing this requirement, the board will accept an
				  application for an amount of water equal to the total reasonable requirements
				  of a project where the existing right asserted for a common place of use has
				  not been adjudicated or otherwise finally determined. Any permit or license
				  issued by the board pursuant to such an application shall contain a condition
				  which will limit the quantity of water appropriated under the permit or license
				  to the face value of the permit or license less any water available under an
				  existing right subsequently determined to exist for the same place of use in
				  any adjudication or other legally binding proceeding.
(b) Where an applicant claims an existing
				  right to the use of water within the proposed place of use, the applicant shall
				  describe the nature, amount, season, points of diversion and place of use of
				  such claim together with the priority asserted. If the existing right is
				  evidenced by a court decree or other legally binding document, the applicant
				  shall submit a copy of such document unless the board already has a copy in its
				  records.
(c) Any person who obtains
				  a permit or license for a particular place of use and thereafter transfers an
				  existing water right for the same place of use to another place of use without
				  the prior approval of the board shall forfeit all rights under the permit or
				  license.
(d) Any person who obtains
				  a permit or license for a particular place of use without claiming an existing
				  water right for the same place of use and who thereafter exercises a claimed
				  existing right for that place of use without the prior approval of the board
				  shall forfeit all rights under the permit or license.
(e) Any permit or license issued to a person
				  who claims an existing water right for the same place of use shall contain a
				  term requiring the permittee or licensee to take and use water under the
				  existing right only in accordance with law. The permittee or licensee will then
				  be subject to enforcement action by the board for violation of this permit term
				  if the permittee or licensee takes water for there is no entitlement under the
				  existing right in combination with the permit or license.
(f) Any person who has previously obtained a
				  permit or license containing a term obligating the permittee or licensee to
				  waive an existing right for so long as the permit or license remains in effect
				  may have this term deleted upon agreement to be subject to the provisions of
				  subsections (a) through (e) of this section.
1. Amendment
					 filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
					 5).
2. Amendment filed 3-19-64; effective thirtieth day thereafter
					 (Register 64, No. 6).
3. Renumbering and amendment of former Section
					 731 to Section
					 766, and renumbering and amendment
					 of Section
					 653(b) to Section
					 731 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 81, No. 11.
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Section
						2, Article X, California
						Constitution; and Sections
						100,
						275,
						1201,
						1202,
						1253,
						1255,
						1375,
						1410,
						1675 and
						1701, Water
						Code.