reglab/statecodes huggingface dataset:
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 15 - Changes in Point of Diversion, Place of Use, or Purpose of Use › Section 794 - Petition Information and Map Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  petition for change(s) submitted by a permittee or licensee, or submitted
				  pursuant to Water Code Section
				  1740 by a
				  holder of a water right determined under Water Code Section
				  2500 et seq.
				  after January 1, 1981 shall identify the amount(s) and holder(s) of the
				  right(s) involved and shall include the following information and map(s):
(1) The amount(s) of water which would have
				  been diverted, consumptively used, or stored under the water right in the
				  absence of the proposed change(s), (a) during the period for which the change
				  is requested, or (b) in a maximum year if the change is permanent;
(2) The amount(s) of water proposed for
				  change, transfer or exchange;
(3)
				  The existing and the proposed purpose(s) of use of water;
(4) The existing and the proposed point(s) of
				  diversion and rediversion, and the existing and proposed location(s) of any
				  return flow;
(5) The existing and
				  the proposed place(s) of use of the water for various purposes of
				  use;
(6) The existing and the
				  proposed diversion, release and return flow schedules if stored water is
				  involved or if the streamflow regime will be changed;
(7) Any changes in property ownership(s)
				  involved, and the point(s) of diversion and place(s) of use of other known
				  users of water who may be affected by the proposed change(s);
(8) Information identifying any effects of
				  the proposed change(s) on fish, wildlife, and other instream beneficial
				  uses;
(9) Information identifying
				  any effects of the proposed change(s) on other known users of water, including
				  identification in quantitative terms of any projected change in water quantity,
				  water quality, timing of diversion or use, consumptive use of the water,
				  reduction in return flows, or reduction in the availability of water within the
				  streams affected by the proposed change(s);
(10) The parties involved in the proposed
				  change, transfer or exchange;
(11)
				  Map(s) prepared in accordance with Article 7 which describe the proposed
				  change(s), delineate any additional information required by Items (4), (5), and
				  (7) above, and show the hydrologic basin of origin and the streams which could
				  be affected by the proposed change(s).
(12) The proposed place(s) of use for
				  irrigation may be listed as net acreage(s) within gross area(s) shown on a map
				  submitted with the petition.
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 15 - Changes in Point of Diversion, Place of Use, or Purpose of Use › Section 795 - Notice of Change Petitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  After a petition has been filed for change(s) in point of diversion, place of
				  use, or purpose of use, the petitioner shall cause notice to be given or
				  published if and as required by the board. The board's notice requirements
				  shall be based on the potential effects of the proposed change(s) on legal
				  users of water and on fish, wildlife, and other instream beneficial uses of
				  water. The board will not ordinarily require that notice be given or published
				  in cases where the proposed change(s) do not have the potential to impair the
				  water supply of other legal users of water or instream beneficial uses, except
				  that in all cases the petitioner shall notify the Department of Fish and Game
				  in writing of the proposed change(s). Examples of petitions for which notice
				  will not ordinarily be required, include the following:
(1) Petition for a change in point of
				  diversion which does not change the point relative to diversion points of
				  others and tributary sources on the same stream;
(2) Petition for a change of place of
				  irrigation use from one parcel to another provided that the return flow is
				  unchanged;
(3) Petition for a
				  change in purpose of which would add clearly incidental uses to, or substitute
				  incidental uses for, permitted or licensed uses which are themselves incidental
				  to the principal use of water stored in a reservoir. For the purpose of this
				  section, incidental uses are limited to the following beneficial uses of water:
				  stockwatering; fire protection; non-commercial recreation; non-commercial
				  wildlife preservation or enhancement; generation of power; non-industrial dust
				  control; or soil conservation.
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 15 - Changes in Point of Diversion, Place of Use, or Purpose of Use › Section 796 - Protest Procedure on Change Petitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of Articles 9, 10, and 11, insofar as they
					 are applicable, shall govern protests, answers to protests, investigations, and
					 hearings of petitions for change(s) under Articles 15 and 17, including minor
					 protested petitions for change. The procedures for notification of and
					 objection to temporary changes due to transfer or exchange of water or water
					 rights, or temporary urgency changes are provided in Articles 16 and 16.5
					 respectively.
1.
					 Renumbering and amendment of section
					 742 to section
					 796 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 60, No. 5.
2. Amendment of section heading, text and NOTE filed
					 12-13-93; operative 1-12-94 (Register 93, No. 51).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1438,
						1703,
						1704,
						1704.1,
						1704.2,
						1704.3,
						1725,
						1736 and
						1740, Water
						Code.
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 15 - Changes in Point of Diversion, Place of Use, or Purpose of Use › Section 797 - Changes Prior to Notice of an Application. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of section
					 742 to section
					 796 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 60, No. 5.
2. Repealer filed 12-13-93; operative 1-12-94 (Register
					 93, No. 51).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Section
						1701, Water
						Code.
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 15 - Changes in Point of Diversion, Place of Use, or Purpose of Use › Section 798 - Changes to Cover Incidental Uses of a Reservoir

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When an applicant, permittee or licensee proposes
					 incidental use of a reservoir for stockwatering, fire protection, recreation,
					 fish culture, or other similar purposes which consume a minimal quantity of
					 water and
(a) such purposes are not
				  listed in the application, permit or license, or
(b) the reservoir is not described as a place
				  of use, or
(c) the reservoir covers
				  land not included in the described place of use, then no petition need be filed
				  to correct such an omission, provided that the board finds that no person would
				  be adversely affected by such corrections. The board may make such corrections
				  at any time such omissions are discovered.
1.
					 Renumbering and amendment of Section
					 744 to Section
					 798 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
						1700,
						1701 and
						1702, Water
						Code.
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 15 - Changes in Point of Diversion, Place of Use, or Purpose of Use › Section 799 - Petition for Change to Add a Power Plant to Existing Works

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Persons having a permit or license for the use of water may petition the board
				  to add generation of power to the permit or license as a beneficial use when
				  the water can be used for the generation of power without changing the
				  streamflow regime. The criteria that shall be considered in determining whether
				  there would be a change in the streamflow regime include, but are not limited
				  to, the following:
(1) Will the rate and
				  volume of flow be changed?
(2) Will
				  the water temperature be changed?
(3) Will there be changes in the
				  concentration of dissolved oxygen or turbidity?
(4) Will there be changes in the timing of water releases from any
				  existing water diversion or storage facility?
(5) Will there be a change in the point of discharge or will any
				  additional section of watercourse be bypassed?
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 16 - Temporary Changes Due to Transfer or Exchange of Water or Water Rights › Section 800 - Temporary Changes. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 article 23 (sections
					 800 through
					 803) filed 10-25-65; effective
					 thirtieth day thereafter (Register 65, No. 20).
2. Amendment of
					 subsection (c) filed 3-3-78 as procedural and organizational; effective upon
					 filing (Register 78, No. 9).
3. Renumbering and amendment of former
					 section 800 to section
					 736, and new section
					 800 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
4. Amendment of
					 article heading and repealer of section filed 12-13-93; operative 1-12-94
					 (Register 93, No. 51).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1726 and
						1727, Water
						Code.
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 16 - Temporary Changes Due to Transfer or Exchange of Water or Water Rights › Section 801 - Notice of Temporary Change

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The petition for temporary change submitted by the water
					 right holder under Water Code Section
					 1726 shall
					 include the information required by Section
					 794.
1.
					 Renumbering and amendment of former section
					 801 to section
					 737, and new section
					 801 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 65, No. 20.
2. Amendment filed 12-13-93; operative 1-12-94 (Register
					 93, No. 51).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Section
						1726, Water
						Code.
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 16 - Temporary Changes Due to Transfer or Exchange of Water or Water Rights › Section 802 - Map Requirements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of former section
					 802 to section
					 738, and new section
					 802 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 65, No. 20.
2. Repealer filed 12-13-93; operative 1-12-94 (Register
					 93, No. 51).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Section
						1726, Water
						Code.
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 16 - Temporary Changes Due to Transfer or Exchange of Water or Water Rights › Section 803 - Action by the Board Regarding Temporary Changes. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of former section
					 803 to section
					 739, and new section
					 803 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 65, No. 20.
2. Repealer filed 12-13-93; operative 1-12-94 (Register
					 93, No. 51).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1725 and
						1727, Water
						Code.
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 16 - Temporary Changes Due to Transfer or Exchange of Water or Water Rights › Section 804 - Public Notice and Objections to Proposed Temporary Changes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Within ten days after the receipt of a petition meeting the requirements of
				  Section 801, the board will send notice of
				  the petition or contact all legal users of water known to the board who may be
				  affected by the proposed temporary change(s).
(b) Any interested person may file an
				  objection to the proposed change(s) with the board not later than 15 days after
				  the date of the notice required by subsection (a). The objection shall indicate
				  the manner in which service upon the applicant of a duplicate copy of the
				  protest has been made.
(c) The
				  board shall give prompt consideration to any objection, and may hold a hearing
				  thereon, after notice to all interested persons known to the board.
(d) Notice of hearing on a proposed temporary
				  change may be given by mailing notice to the water right holder, the Department
				  of Fish and Game and persons known to the board who might be affected by the
				  proposed change, not less than 20 days before the date of hearing by certified
				  mail or personal delivery.
(e) Any
				  order approving a temporary change under this Article shall meet the
				  requirements of section
				  792(c).
1. New
					 section filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
Note: Authority cited: Sections
						1058,
						1438(a)
						and
						1726, Water
						Code. Reference: Sections
						1725,
						1726 and
						1727, Water
						Code.
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 16.5 - Temporary Urgency Changes › Section 805 - Petition for Temporary Urgency Change

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  petition for a temporary urgency change will not be accepted for filing until
				  the minimum fee required by Water Code Section
				  1436 is
				  received and the applicable information specified by Section
				  794 has been submitted to the
				  board.
(b) Prior to issuance of any
				  temporary urgency change order pursuant to Water Code Section
				  1435, there
				  shall be compliance with any applicable requirements of Division 13 (commencing
				  with Section
				  21000) of the Public Resources
				  Code, payment of any additional fees, and submittal to the board of any
				  additional information or maps necessary to make the findings required by Water
				  Code Section
				  1435.
1. New
					 article 16.5 and section filed 12-13-93; operative 1-12-94 (Register 93, No.
					 51).
Note: Authority cited: Sections
						1058,
						1436 and
						1438(a),
						Water Code. Reference: Sections
						1435,
						1436 and
						1437, Water
						Code.
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 16.5 - Temporary Urgency Changes › Section 806 - Notification of and Objections to Temporary Urgency Changes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As
				  soon as practicable after receipt of a petition meeting the information and map
				  requirements of Section
				  794 and compliance with Water Code
				  Section
				  1437 the board
				  shall cause notice to be given pursuant to Water Code Sections
				  1438(b)
				  and
				  1438(c).
(b) Any interested person may file an
				  objection to the petition with the board prior to adoption of a board order or
				  validation of any temporary urgency change order. The objection shall indicate
				  the manner in which service upon the applicant of a duplicate copy of the
				  protest has been made.
(c) Any
				  objections to a temporary urgency change petition will be heard by the board
				  during its validation meeting or at a hearing after notice to all interested
				  persons known to the board.
1. New
					 section filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
Note: Authority cited: Sections
						1058,
						1436 and
						1438(a),
						Water Code. Reference: Sections
						1435,
						1437 and
						1438, Water
						Code.
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 17 - Changes Involving a Long-Term Transfer of Water or Water Right › Section 811 - Long Term Transfer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  permittee, licensee, or holder of a water right determined under a court decree
				  issued pursuant to Water Code Section
				  2500 et seq.
				  after January 1, 1981 who is filing a petition pursuant to Water Code Section
				  1740, may
				  petition the board for a long-term transfer of water or water rights involving
				  change(s) in point of diversion, place of use, or purpose of use specified in
				  the permit, license, or water right for any period of time in excess of one
				  year.
(b) Any long-term transfer
				  requested under Water Code Section
				  1735 shall be
				  subject to the applicable requirements of Articles 15 and 16 and any applicable
				  requirements of Division 13 (commencing with Section
				  21000) of the Public Resources
				  Code.
1. New
					 section filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
					 10).
2. Amendment of article heading, section and NOTE filed
					 12-13-93; operative 1-12-94 (Register 93, No. 51).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Section
						1735,
						1736 and
						1740, Water
						Code.
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 17 - Changes Involving a Long-Term Transfer of Water or Water Right › Section 812 - Petition for Long-Term Transfer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A petition for a long-term transfer of water or water
					 rights will not be accepted for filing unless it is accompanied by the filing
					 fee required by chapter 5 (commencing with section
					 1061) of this division and the
					 information and maps specified in Section
					 794 have been submitted to the
					 board. The board may cancel a petition for failure to pay any annual fee for
					 the petition when due.
1. New
					 section filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
					 10).
2. Amendment of section heading, text and NOTE filed 12-13-93;
					 operative 1-12-94 (Register 93, No. 51).
3. Amendment of section and
					 NOTE 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,
						1735,
						1736 and
						1740, Water
						Code.
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 17 - Changes Involving a Long-Term Transfer of Water or Water Right › Section 813 - Map Requirements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
					 10).
2. Repealer filed 12-13-93; operative 1-12-94 (Register 93, No.
					 51).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Section
						1735, Water
						Code.
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 17 - Changes Involving a Long-Term Transfer of Water or Water Right › Section 814 - Notice of Long-Term Petitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After a completed petition has been filed for a long-term
					 transfer of water or water rights involving a change in point of diversion,
					 place of use or purpose of use, the board shall give notice to the Department
					 of Fish and Game, all persons requesting notice of change petitions, and all
					 legal users of water known to the board who may be affected by the proposed
					 change. A hearing will be held upon request of the petitioner or a
					 protestant.
1. New
					 section filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
					 10).
2. Amendment of section heading, text and NOTE filed 12-13-93;
					 operative 1-12-94 (Register 93, No. 51).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1736 and
						1740, Water
						Code.
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 17 - Changes Involving a Long-Term Transfer of Water or Water Right › Section 815 - Protest Procedure on Long-Term Transfer Petitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of Article 9, 10 and 11 insofar as they are
					 applicable, shall govern protests, answers, investigations, and hearings of
					 petitions under this Article.
1. New
					 section filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
					 10).
2. Amendment of section heading, text and NOTE filed 12-13-93;
					 operative 1-12-94 (Register 93, No. 51).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1735,
						1736 and
						1740, Water
						Code.
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 17 - Changes Involving a Long-Term Transfer of Water or Water Right › Section 816 - Action of the Board Regarding Long-Term Transfers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the board determines that a long-term transfer of water
					 or water rights as described in Section
					 811 is appropriate, and meets the
					 requirements of Water Code Section
					 1736, an order
					 will be issued in accordance with Section
					 792 authorizing the long-term
					 transfer, subject to appropriate terms and conditions for the period requested
					 or such lesser period found by the board to be appropriate.
1. New
					 section filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
					 10).
2. Amendment of section heading, text and NOTE filed 12-13-93;
					 operative 1-12-94 (Register 93, No. 51).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1735,
						1736 and
						1740, Water
						Code.
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 18 - Enforcement of Terms and Conditions › Section 820 - Complaints of Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person affected by a violation of any term or condition
					 of a permit or license may file a complaint with the board. The complaint shall
					 contain the following:
(a) Name and
				  address of the complainant.
(b) The
				  nature and location of the alleged violation.
(c) The manner in which the complainant was
				  affected.
(d) A statement of
				  whether complainant is required by Part 5.1 (commencing with Section
				  5100) of Division 2 of the Water
				  Code to file with the board a statement of his water diversion and use, and if
				  complainant is so required, a statement:
(1)
				  That complainant has filed with the board a statement of water diversion and
				  use; or
(2) Setting forth the
				  reason for complainant's failure to file such a statement of water diversion
				  and use.
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 18 - Enforcement of Terms and Conditions › Section 821 - Investigation of Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If, after investigation, the board's staff finds that a
					 violation of the terms and conditions of a permit or license has occurred which
					 might be cause for enforcement action by the board, the matter may be referred
					 to the board for hearing in accordance with the provisions of Water Code
					 Sections
					 1410 et seq.,
					 1675 et seq. or
					 1825 et seq. If
					 the board's staff finds that no such violation has occurred, the complainant
					 will be notified and no further action will be taken unless the complainant
					 requests a hearing, in which event the board will determine whether to hold a
					 hearing based on information supplied by the complainant and the staff.
1.
					 Renumbering and amendment of Section
					 764.5 to Section
					 821 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 74, No. 4.
2. Editorial correction amending section (Register 2005,
					 No. 17).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1051,
						1391,
						1393,
						1394,
						1610 and
						1611, Water
						Code.
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 18 - Enforcement of Terms and Conditions › Section 822 - Action by the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After notice in accordance with Water Code Sections
					 1410 and
					 1410.1,
					 1675 and
					 1675.1, or
					 1831 and
					 1834 and
					 hearing if a hearing is requested, if the board finds that a violation has
					 occurred, it may revoke the permit or license or take such other action as
					 appears appropriate under the circumstances.
1.
					 Renumbering and amendment of Section
					 764.6 to Section
					 822 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 74, No. 4.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1391 and
						1611, Water
						Code.
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 18 - Enforcement of Terms and Conditions › Section 823 - Action on the Board's Own Motion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board may on its own motion investigate possible
					 violations of permit or license terms or conditions and proceed in accordance
					 with Section
					 822.
1.
					 Renumbering and amendment of Section
					 764.7 to Section
					 823 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 74, No. 4.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1051,
						1391,
						1393,
						1394,
						1610 and
						1611, Water
						Code.
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 19 - Changes of Ownership and of Address-Notices › Section 830 - Procedure on Change of Address

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Parties interested in applications, permits, and licenses
					 shall promptly advise the board of changes of address. Whenever a notice is
					 required by law or these regulations to be sent to a party, such notice will be
					 mailed to the party at the most recent address supplied to the board by or on
					 behalf of such party unless a different procedure is expressly required by
					 law.
1.
					 Renumbering and amendment of Section
					 765 to Section
					 830 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 60, No. 5.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1250,
						1302,
						1303,
						1304,
						1320,
						1321 and
						1322, Water
						Code.
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 19 - Changes of Ownership and of Address-Notices › Section 831 - Notice to Board of Changes in Ownership

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Within 30 days following the transfer of rights under an application, permit,
				  license, or registration, either the transferor (previous owner), the
				  transferee (new owner), or their respective agents shall notify the board by
				  completing and electronically submitting the change of ownership form available
				  on the board's website. Following receipt of the change of ownership form, the
				  board will send notices and correspondence concerning the application, permit,
				  license, or registration to the transferee (new owner).
(b) The completed change of ownership form
				  shall include the following information:
(1)
				  The water right identification number(s) associated with the change of
				  ownership;
(2) The name, address,
				  phone number, and email address of the transferee (new owner) and all other
				  known owners of the water right;
(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;
(4) Additional information or other
				  instructions regarding the change of ownership, if any;
(5) The name, company (if applicable), email
				  address, and phone number of the person submitting the change of ownership form
				  and whether that person is the transferor (previous owner), transferee (new
				  owner), or agent; and
(6) Signature
				  of the person submitting the change of ownership form and date of
				  signature.
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 19 - Changes of Ownership and of Address-Notices › Section 832 - Contests as to Ownership

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board will not undertake to determine contests as to
					 ownership of rights initiated by applications to appropriate water. The board
					 will ordinarily accept any claim asserted to ownership of an application,
					 permit or license unless the record title holder, or an asserted successor in
					 interest, objects. When a contest develops as to ownership the board will not
					 ordinarily change its record until the matter is either determined by a court
					 or adjusted to the mutual satisfaction of the parties, unless evidence of
					 continued occupation, use, or control justifies a different course.
1.
					 Renumbering and amendment of Section
					 767 to Section
					 832 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 60, No. 5.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1250 and
						1252, Water
						Code.
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 19 - Changes of Ownership and of Address-Notices › Section 833 - Presumption Based on Ownership of Place of Use

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When an application, permit, or license stands upon the
					 records of the board in the name of the owner of the place of use the right
					 will be considered appurtenant to the land unless there is evidence to the
					 contrary. It will generally be presumed that the water right passes with a
					 transfer of the land unless expressly excepted.
1.
					 Renumbering and amendment of Section
					 769 to Section
					 833 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 60, No. 5.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1250 and
						1252, Water
						Code.
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 19 - Changes of Ownership and of Address-Notices › Section 834 - Presumption that Water Right Passes upon Foreclosure Sale

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It will be presumed that a water right, upon a foreclosure
					 sale of the land where the water is used, passes with the land whether the
					 water right was initiated before or after the lien was established, unless
					 there is a showing that the water right is not appurtenance or incident to the
					 real property.
1.
					 Renumbering and amendment of Section
					 770 to Section
					 834 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 60, No. 5.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1250 and
						1252, Water
						Code.
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 19 - Changes of Ownership and of Address-Notices › Section 835 - Presumption upon Termination of an Option or Lease Relative to Real Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the case of an option to purchase or a lease of land, it
					 will be presumed, unless there is a showing to the contrary, that any water
					 right initiated by the optionee or the lessee is personal and that such water
					 right does not belong to the owner of the real property where use of the water
					 is made, upon forfeiture, abandonment, or expiration of the option or
					 lease.
1.
					 Renumbering and amendment of Section
					 771 to Section
					 835 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 60, No. 5.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1250 and
						1252, Water
						Code.
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 19 - Changes of Ownership and of Address-Notices › Section 836 - Issuance of Separate Permits and Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When the place of use described in an application, permit, or license is
				  divided into two or more ownerships and each of the owners succeeds to a
				  separate interest in the application, permit or license, the board may issue
				  separate permits or licenses covering the interest held by each owner. The
				  separate permits or licenses shall replace any existing permit or license
				  previously issued for the same use and shall contain the same terms to the
				  extent they are applicable. The existing permit or license will then be
				  revoked. The priority of the rights will not be affected and each of the
				  permits or licenses will bear the same number as the replaced instrument plus a
				  distinguishing letter designation.
(b) Issuance of separate permits and licenses
				  in accordance with subsection (a) shall not be construed as a determination by
				  the board that the water right has necessarily been fully maintained by
				  continuous beneficial use and by observance of the law and provisions of the
				  permit or license.
1.
					 Renumbering and amendment of Section
					 722 to Section
					 836 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
						1250,
						1380 and
						1382 and
						1610, Water
						Code.
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 20 - Diligence Required-Extensions of Time › Section 840 - Reasonable Promptness Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An application will be denied when it appears after hearing
					 or a proceeding in lieu of hearing that (a) the applicant does not intend to
					 initiate construction of the works required for the contemplated use of water
					 within a reasonable time and thereafter diligently prosecute the construction
					 and use of water to completion, or (b) the applicant will not be able to
					 proceed within a reasonable time, either because of absence of a feasible plan,
					 lack of the required financial resources, or other cause.
1.
					 Renumbering and amendment of Section
					 776 to Section
					 840 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 4, No. 6.
2. Editorial correction amending section (Register 2005,
					 No. 17).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Section
						1255, Water
						Code.
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 20 - Diligence Required-Extensions of Time › Section 841 - Time for Completion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In determining the period of time to be allowed to build
					 diversion works and apply the water to full beneficial use, the particular
					 conditions surrounding each case will govern. In every case the matter must be
					 pressed with due diligence considering the size of the project and the
					 obstacles to be overcome.
1.
					 Renumbering and amendment of Section
					 777 to Section
					 841 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 60, No. 5.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1250,
						1252 and
						1260, Water
						Code.
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 20 - Diligence Required-Extensions of Time › Section 842 - Requests for Extension of Time Under Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A request for extension of time within which to commence or
					 complete construction work or apply the water to full beneficial use may be
					 submitted upon forms supplied by the board. A request for extension of time
					 will not be accepted for filing unless it is accompanied by the filing fee
					 required by chapter 5 (commencing with section
					 1061) of this division. The board
					 may cancel a request for extension of time for failure to pay any annual fee
					 for the request when due.
1.
					 Renumbering and amendment of Section
					 778 to Section
					 842 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 60, No. 5.
2. Amendment of section and NOTE 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
						1250,
						1252,
						1398 and
						1525, Water
						Code.
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 20 - Diligence Required-Extensions of Time › Section 843 - Notice of Petitions and Protests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  After filing a petition for an extension of time under a permit, the
				  petitioner, in case the board so requires, shall cause notice thereof to be
				  given or published in such manner as may be prescribed by the board.
(1) The board will not ordinarily require
				  that the petitioner cause notice to be given or published where the permitted
				  project meets each of the following criteria:
(A) Construction of the project has commenced
				  or a substantial financial commitment for construction or for land acquisition
				  has been undertaken; and
(B) the
				  project is not in an area where there is unusual competition for or interest in
				  water; and
(C) the project is not a
				  large multi-stage project which may be behind
				  schedule.
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 20 - Diligence Required-Extensions of Time › Section 844 - Cause for Extension of Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An extension of time within which to complete an
					 application, to commence or complete construction work or apply water to full
					 beneficial use will be granted only upon such conditions as the board
					 determines to be in the public interest and upon a showing to the board's
					 satisfaction that due diligence has been exercised, that failure to comply with
					 previous time requirements has been occasioned by obstacles which could not
					 reasonably be avoided, and that satisfactory progress will be made if an
					 extension of time is granted. Lack of finances, occupation with other work,
					 physical disability, and other conditions incident to the person and not to the
					 enterprise will not generally be accepted as good cause for delay. The board
					 may, in its discretion, require a hearing upon notice to the permittee and such
					 other parties as the board may prescribe.
1.
					 Renumbering and amendment of Section
					 779 to Section
					 844 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 72, No. 27.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Section
						2, Article X, California
						Constitution; Sections
						100,
						104,
						105,
						275,
						1250,
						1253,
						1255,
						1257,
						1394,
						1395,
						1396,
						1397,
						1398,
						1410,
						1546,
						1675, Water
						Code; Sections
						21000,
						21065
						and
						21081,
						Public Resources Code; Johnson Rancho County Water District v. State Water
						Rights Board, 235 Cal.App.2d 863, 45 Cal.Rptr. 589 (1965); and National Audubon
						Society v. Superior Court of Alpine County, 33 Cal.3d 419, 189 Cal.Rptr. 345,
						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 2 - Appropriation of Water › Article 20 - Diligence Required-Extensions of Time › Section 845 - Withholding Issuance of Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When approval of an application will be conditional upon the applicant
				  undertaking certain measures, issuance of the permit shall be withheld until
				  the applicant has notified the board that the conditions have been
				  met.
(b) The board may cancel any
				  application and refuse to issue a permit if the applicant fails to comply with
				  the conditions or to notify the board of his compliance within a reasonable
				  time. The board first gives the applicant written notice of the proposed action
				  and 30 days in which to comply and to notify the board of compliance or to
				  request a hearing.
(c) After a
				  permit is issued subject to continual compliance with one or more specified
				  conditions, permittee shall certify under penalty of perjury at such intervals
				  as specified in the permit or as the board may specify that each condition is
				  being met. If permittee fails to so certify or if it is discovered that
				  permittee is not complying with a specified condition, the board may revoke the
				  permit, provided the board gives the permittee written notice of such possible
				  revocation and 30 days in which to comply and to notify the board of his
				  compliance or to request a hearing.
1.
					 Renumbering and amendment of Section
					 781 to Section
					 845 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 73, No. 34.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1250,
						1255,
						1391,
						1393,
						1394,
						1395,
						1396,
						1397,
						1398,
						1410 and
						1412, Water
						Code.