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 20 - Diligence Required-Extensions of Time › Section 846 - Measuring Devices and Statements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After issuance of a permit for surface diversion or storage
					 or underground storage the permittee may be required to establish suitable
					 measuring and recording devices and to obtain and furnish to the board such
					 records as may be needed to determine with reasonable accuracy:
the quantity of water beneficially used; or
the quantity of water placed in storage and the quantity
					 later recovered under the provisions of the permit. Permittee may also be
					 required to determine and submit a written statement of the quantities
					 beneficially used.
1.
					 Renumbering and amendment of Sections
					 785 and
					 786 to Section
					 846 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: Section
						2, Article X, California
						Constitution; and Sections
						100,
						275 and
						1240, 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 847 - Progress Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prior to issuance of license, annual progress reports shall
					 be filed promptly by permittee upon forms provided by the board. After the
					 issuance of license, reports shall be made when requested by the board upon the
					 forms provided.
1.
					 Renumbering and amendment of Section
					 782 to Section
					 847 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
						1395,
						1396 and
						1397, 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 848 - Contents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  addition to such other information as may be required, all reports shall
				  contain permittee's or licensee's evaluation of the current potential for using
				  reclaimed water or reusing water to satisfy all or part of the water
				  needed.
(b) If the terms of the
				  permit or license require water conservation measures, the extent of
				  implementation of such measures shall be reported.
1.
					 Renumbering and amendment of Section
					 783 to Section
					 848 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 77, No. 5.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Section
						275, Water
						Code; and Section
						2, Article X, California
						Constitution.
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 21 - Revocation of Permits and Licenses › Section 850 - Revocation Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When it appears to the board that a permittee may have
					 failed to commence or complete construction work or beneficial use of water
					 with due diligence in accordance with terms of the permit, the regulations of
					 the board and the law, or that a permittee or licensee may have ceased
					 beneficial use of water, or that he may have failed to observe any of the terms
					 or conditions of the permit or license, the board may consider revocation of
					 the permit or license. The board will notify the permittee or licensee of the
					 proposed revocation. The notice will state the reasons for the proposed
					 revocation and provide an opportunity for hearing upon request of the permittee
					 or licensee. In the case of a permit, a request for extension of time may also
					 be considered at such hearing. Nothing in this section shall be construed as
					 limiting the board's authority to take action pursuant to Water Code Section
					 1831.
1.
					 Renumbering and amendment of Section
					 790 to Section
					 850 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 60, No. 5.
2. Editorial correction amending section (Register 2005,
					 No. 17).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1410 and
						1411, 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 21 - Revocation of Permits and Licenses › Section 851 - Notice of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At least 10 days prior to hearing, a notice specifying the
					 time, place, and purpose of such hearing and grounds for possible revocation
					 shall be sent by registered or certified mail to the permittee or licensee. The
					 notice shall constitute a sufficient statement of the issues to be
					 heard.
1.
					 Renumbering and amendment of Section
					 791 to Section
					 851 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: Section
						1410, 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 21 - Revocation of Permits and Licenses › Section 852 - Procedure Relating to Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of Chapter 1.5, Article 2 of this subchapter
					 insofar as they are applicable shall govern hearings under this article.
1.
					 Renumbering and amendment of Section
					 792 to Section
					 852 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 60, No. 5.
2. Change without regulatory effect amending section
					 filed 4-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 14).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1410,
						1411,
						1412,
						1413,
						1414 and
						1415, 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 22 - Prevention of Waste and Unreasonable Use › Section 855 - Policy and Definition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  investigating any uses of water and making the determinations required by this
				  article, the board shall give particular consideration to the reasonableness of
				  use of reclaimed water or reuse of water.
(b) As used in this article, "misuse of
				  water" or "misuse" means any waste, unreasonable use, unreasonable method of
				  use, or unreasonable method of diversion of water.
1.
					 Renumbering and amendment of Section
					 764.9 to Section
					 855 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 77, No. 5.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						100,
						275,
						1240,
						1251,
						1253 and
						1257, Water
						Code; and Section
						2, Article X, California
						Constitution.
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 22 - Prevention of Waste and Unreasonable Use › Section 856 - Investigations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board staff shall investigate an allegation of misuse
					 of water:
(1) when an interested
				  person shows good cause, or
(2)
				  when the board itself believes that a misuse may exists.
1.
					 Renumbering and amendment of Section
					 764.10 to Section
					 856 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 77, No. 26.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						100,
						183,
						275 and
						1051, Water
						Code; and Section
						2, Article X, California
						Constitution.
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 22 - Prevention of Waste and Unreasonable Use › Section 857 - Notifications, Hearings and Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  the investigation indicates that a misuse of water has occurred, the board
				  staff shall notify interested persons and allow a reasonable period of time in
				  which to terminate such misuse or demonstrate to the satisfaction of the board
				  staff that misuse has not occurred.
(b) At the end of the time set by the board
				  staff, and upon application of any interested person or upon its own motion,
				  the board may hold a hearing to determine if misuse has occurred or continues
				  to occur.
(c) If the misuse is
				  alleged to have occurred or to continue to occur in connection with exercise of
				  rights evidenced by a permit or license issued by the board, the board shall
				  notice the hearing as a permit revocation hearing pursuant to Water Code
				  Section
				  1410.1, or as a
				  license revocation hearing pursuant to Water Code Section
				  1675.1, as
				  appropriate; or as a preliminary cease and desist order hearing pursuant to
				  Water Code Section
				  1834.
(d) The board may issue an order requiring
				  prevention or termination thereof.
1.
					 Renumbering and amendment of Section
					 764.11 to Section
					 857 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 77, No. 26.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						100,
						275,
						183,
						1051,
						1401,
						1675.1 and
						1834, 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 22 - Prevention of Waste and Unreasonable Use › Section 858 - Noncompliance with Order Regarding Misuse Under Water Right Entitlement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a permittee or licensee does not comply with any order
					 issued pursuant to Section
					 857 within such reasonable period
					 of time as allowed by the board, or such extension thereof as may for good
					 cause be allowed by the board, and if such order includes a finding that waste,
					 unreasonable use, method of use, or method of diversion has occurred in
					 connection with exercise of a right evidenced by a permit or license issued by
					 the board, a revocation action may be commenced by the board:
(a) If the hearing has been noticed as a
				  permit or license revocation hearing, and if the board finds that misuse has
				  occurred or continues to occur, the board may order the permit or license
				  revoked or impose appropriate additional or amended terms or conditions on the
				  entitlement to prevent recurrence of the misuse;
(b) If the hearing pursuant to Section
				  857 has been noticed as a
				  preliminary cease and desist order hearing, and if the board finds that misuse
				  has occurred or continues to occur, the board may issue a preliminary cease and
				  desist order.
1.
					 Renumbering and amendment of Section
					 764.12 to Section
					 858 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 77, No. 26.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1410,
						1675 and
						1831, 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 22 - Prevention of Waste and Unreasonable Use › Section 859 - Noncompliance with Other Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a person other than a permittee or licensee does not
					 comply with any order issued pursuant to Section
					 857 within such reasonable period
					 of time as allowed by the board, or such extension thereof as may for good
					 cause be allowed, and if such order includes a finding that such person has
					 misused or continues to misuse water, the board may request appropriate legal
					 action by the Attorney General.
1.
					 Renumbering and amendment of Section
					 764.13 to Section
					 859 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 77, No. 26.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Section
						275, 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 22 - Prevention of Waste and Unreasonable Use › Section 860 - Alternative Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The procedure established in this article shall be
					 construed as alternative to, and not exclusive of, the procedures established
					 in Chapter 5 of Title 23, California Administrative Code, in accordance with
					 Section 4007 therein.
1.
					 Renumbering and amendment of Section
					 764.14 to Section
					 860 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 79, No. 27.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Section
						275, 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 22.5 - Drought Emergency Water Conservation [Repealed] › Section 863 - Findings of Drought Emergency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  State Water Resources Control Board finds as follows:
(1) On January 17, 2014, the Governor issued
				  a proclamation of a state of emergency under the California Emergency Services
				  Act based on drought conditions;
(2) On April 25, 2014, the Governor issued a
				  proclamation of a continued state of emergency under the California Emergency
				  Services Act based on continued drought conditions;
(3) On April 1, 2015, the Governor issued an
				  Executive Order that, in part, directs the State Board to impose restrictions
				  on water suppliers to achieve a statewide 25 percent reduction in potable urban
				  usage through February, 2016; require commercial, industrial, and institutional
				  users to implement water efficiency measures; prohibit irrigation with potable
				  water of ornamental turf in public street medians; and prohibit irrigation with
				  potable water outside newly constructed homes and buildings that is not
				  delivered by drip or microspray systems;
(4) On November 13, 2015, the Governor issued
				  an Executive Order that directs the State Board to, if drought conditions
				  persist through January 2016, extend until October 31, 2016 restrictions to
				  achieve a statewide reduction in potable usage;
(5) On May 9, 2016, the Governor issued an
				  Executive Order that directs the State Board to adjust and extend its emergency
				  water conservation regulations through the end of January 2017 in recognition
				  of the differing water supply conditions for many communities;
(6) The drought conditions that formed the
				  basis of the Governor's emergency proclamations continue to exist;
				  and
(7) The drought conditions will
				  likely continue for the foreseeable future and additional action by both the
				  State Water Resources Control Board and local water suppliers will likely be
				  necessary to prevent waste and unreasonable use of water and to further promote
				  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 22.5 - Drought Emergency Water Conservation [Repealed] › Section 864 - End-User Requirements in Promotion of Water Conservation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To
				  prevent the waste and unreasonable use of water and to promote water
				  conservation, each of the following actions is prohibited, except where
				  necessary to address an immediate health and safety need or to comply with a
				  term or condition in a permit issued by a state or federal agency:
(1) The application of potable water to
				  outdoor landscapes in a manner that causes runoff such that water flows onto
				  adjacent property, non-irrigated areas, private and public walkways, roadways,
				  parking lots, or structures;
(2)
				  The use of a hose that dispenses potable water to wash a motor vehicle, except
				  where the hose is fitted with a shut-off nozzle or device attached to it that
				  causes it to cease dispensing water immediately when not in use;
(3) The application of potable water to
				  driveways and sidewalks;
(4) The
				  use of potable water in a fountain or other decorative water feature, except
				  where the water is part of a recirculating system;
(5) The application of potable water to
				  outdoor landscapes during and within 48 hours after measurable
				  rainfall;
(6) The serving of
				  drinking water other than upon request in eating or drinking establishments,
				  including but not limited to restaurants, hotels, cafes, cafeterias, bars, or
				  other public places where food or drink are served and/or purchased;
(7) The irrigation with potable water of
				  ornamental turf on public street medians; and
(8) The irrigation with potable water of
				  landscapes outside of newly constructed homes and buildings in a manner
				  inconsistent with regulations or other requirements established by the
				  California Building Standards Commission and the Department of Housing and
				  Community Development.
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 22.5 - Drought Emergency Water Conservation [Repealed] › Section 864.5 - Self-Certification of Supply Reliability for Three Additional Years of Drought. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						1058.5, Water
						Code. References: Article X, Section
						2, California Constitution;
						Sections
						102,
						104,
						105,
						275,
						350,
						1846,
						10617 and
						10632, Water
						Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th
						1463.
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 22.5 - Drought Emergency Water Conservation [Repealed] › Section 865 - Mandatory Actions by Water Suppliers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As
				  used in this article:
(1) "Distributor of a
				  public water supply" has the same meaning as under section
				  350 of the
				  Water Code, except it does not refer to such distributors when they are
				  functioning solely in a wholesale capacity, but does apply to distributors when
				  they are functioning in a retail capacity.
(2) "Urban water supplier" means a supplier
				  that meets the definition set forth in Water Code section
				  10617, except
				  it does not refer to suppliers when they are functioning solely in a wholesale
				  capacity, but does apply to suppliers when they are functioning in a retail
				  capacity.
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 22.5 - Drought Emergency Water Conservation [Repealed] › Section 866 - Additional Conservation Tools. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority: Section
					 1058.5, Water
					 Code. Reference: Article X, Section
					 2, California Constitution;
					 Sections
					 100,
					 102,
					 104,
					 105,
					 174,
					 186,
					 187,
					 275,
					 350,
					 1051,
					 1122,
					 1123,
					 1825,
					 1846,
					 10617 and
					 10632, Water
					 Code; and Light v. State Water Resources Control Board (2014) 226 Cal.App.4th
					 1463.
Note: Authority: Section
						1058.5, Water
						Code. Reference: Article X, Section 2, California Constitution; Sections
						100,
						102,
						104,
						105,
						174,
						186,
						187,
						275,
						350,
						1051,
						1122,
						1123,
						1825,
						1846,
						10617 and
						10632, Water
						Code; and Light v. State Water Resources Control Board (2014) 226 Cal.App.4th
						1463.
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 23 - Stream Systems Declared to be Fully Appropriated › Section 870 - Purpose of this Article

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
By Order WR 89-25, adopted on November 16, 1989, pursuant
					 to Water Code Sections
					 1205 through
					 1207, the board
					 initially declared various stream systems in this state to be fully
					 appropriated either year-round or during specified months. Order WR 89-25
					 included a listing of these stream systems and specified the seasons during
					 which water is unavailable for appropriation therefrom. The purpose of this
					 article is to provide procedures (1) for revoking or revising the status of
					 stream systems declared to be fully appropriated by the initial declaration or
					 any revised declaration, (2) for adding stream systems to the initial or any
					 revised declaration, and (3) for public participation in the process through
					 which a declaration is changed.
1. New
					 article 23 and section filed 4-7-93; operative 5-7-93 (Register 93, No.
					 15).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1205,
						1206 and
						1207, 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 23 - Stream Systems Declared to be Fully Appropriated › Section 872 - Addition of Stream Systems to the Declaration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  board may order that a stream system be added to the declaration, and the order
				  may specify conditions upon which applications will nevertheless be accepted
				  for filing. Any such order shall contain a finding that the supply of water in
				  the stream system is being fully applied to beneficial uses and that a previous
				  water right decision has determined that no water remains available for
				  appropriation.
(b) For the purposes
				  of this section, the term "water right decision" shall mean (1) any decision,
				  order, resolution, staff analysis of a minor protested application, or similar
				  document issued by the board based on evidence taken at an adjudicatory
				  proceeding or investigation, including but not limited to a decision issued
				  pursuant to subsection (c); (2) any final order, judgment, decree, decision,
				  opinion, writ, or similar document issued by a court of this state or of the
				  United States; or (3) any statute of this state or of the United States;
				  provided that, in any case, the water right decision contains findings of fact
				  or conclusions of law, or both, relevant to the question of availability of
				  unappropriated water in the stream system at issue.
(c) The annual report of the Chief, Division
				  of Water Rights, made pursuant to Water Code Section
				  1228.2(c),
				  shall identify any stream system or systems which the Chief has reasonable
				  cause to believe may become fully appropriated within the next reporting
				  period. Any person believing that any stream system or systems should be
				  declared to be fully appropriated may furnish information to the Chief,
				  Division of Water Rights, to show that reasonable cause exists to conduct
				  further hearing on the matter. Following issuance of the annual report, the
				  Chief may notice a hearing or hearings to determine whether water remains
				  available for appropriation from any such identified stream system or systems.
				  Following the hearing, the board may issue a decision determining that no water
				  remains available for appropriation. The board may thereafter adopt an order
				  declaring that any such stream system is fully appropriated, pursuant to Water
				  Code Section
				  1205.
(d) Any person may file a request for special
				  notice of the annual report made by the Chief, Division of Water Rights,
				  pursuant to Water Code Section
				  1228.2(c).
				  The Chief shall mail a copy of the annual report to all persons filing such
				  request.
1. New
					 section filed 4-7-93; operative 5-7-93 (Register 93, No. 15).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1205,
						1206,
						1207 and
						1228.2, 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 23 - Stream Systems Declared to be Fully Appropriated › Section 873 - Applications Pending at Time of Revision or Addition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Whenever the board adopts an order revising any conditions specified in a
				  declaration or declaring an additional stream system to be fully appropriated,
				  the Chief, Division of Water Rights, shall review all pending applications,
				  except applications identified in subsection (e), to appropriate unappropriated
				  water from a stream system affected by any such revision or
				  declaration.
(b) Applications
				  determined by the Chief to be consistent with a revised or additional
				  declaration shall be processed normally. In the case of applications determined
				  by the Chief to be inconsistent in any material respect with the conditions of
				  the revised declaration, the Chief shall provide the applicant a notice,
				  entitled "Notice of Potential Cancellation of Water Right Application". The
				  notice shall specify the following elements:
(1) The manner in which the application is
				  inconsistent with the revised declaration.
(2) A reasonable time within which the
				  applicant may withdraw the application.
(3) A reasonable time within which the
				  applicant may amend the application to make it consistent with the conditions
				  of the declaration. An application so amended shall be processed
				  normally.
(4) A reasonable time
				  within which the applicant may provide information to show that the
				  appropriation proposed by the application is entitled to the benefit of any
				  area-of-origin protection principle. Any such information shall be provided in
				  a form which complies with the formal requirements for information presented in
				  an application to appropriate unappropriated water.
(5) A reasonable time within which the
				  applicant may provide information to show that hydrologic circumstances have
				  changed within the stream system declared to be fully appropriated, or that
				  other circumstances exist which justify the continued processing of the
				  application. Such information shall be in sufficient detail to support a prima
				  facie finding that unappropriated water is available to supply the applicant.
				  Any such information shall be provided in a form which complies with the formal
				  requirements for information presented in an application to appropriate
				  unappropriated water.
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 23 - Stream Systems Declared to be Fully Appropriated › Section 874 - Notice of Hearings and Hearing Rules of Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Chief, Division of Water Rights, shall give notice of any hearing scheduled
				  pursuant to this article in accordance with Water Code Section
				  1207 and shall
				  in addition mail notice at least 60 days prior to the date of the hearing to
				  all persons interested in any pending application to appropriate unappropriated
				  water from any stream which is the subject of the hearing.
(b) Hearings pursuant to this article shall
				  be governed by sections
				  761,
				  762, and
				  763, except that any person who
				  observes the pre-hearing submittal requirements specified in the hearing notice
				  shall be recognized as an interested party.
1. New
					 section filed 4-7-93; operative 5-7-93 (Register 93, No. 15).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1205,
						1206,
						1207 and
						1228.2, 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 23.5 - Scott River and Shasta River Watersheds Drought Emergency Requirements › Section 875.3 - Minimum Diversions for Livestock Watering

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Limited diversions for minimal livestock watering, even through means that
				  result in some seepage losses, may be authorized to continue after receipt of a
				  curtailment order as specified in this section. Such diversions may include,
				  but are not limited to, pipes, wells, or lined ditches.
(b) Limited livestock watering diversions may
				  be authorized to continue after receipt of a curtailment order upon
				  certification to the Deputy Director that the diversion:
(1) is necessary to provide adequate water to
				  livestock,
(2) is conveyed without
				  seepage through a means specified in the certification, and
(3) either, shall not, on average, exceed the
				  reasonable livestock watering quantities set forth in Article 5, section
				  697 for livestock addressed in
				  that section, or, for livestock not addressed in Article 5, section
				  697, shall not, on average, exceed
				  the closest analogous livestock in Article 5, section
				  697 or a minimum water amount set
				  forth in the certification with reference to supporting evidence regarding the
				  particular livestock needs. The self-certification shall also include the
				  number of livestock being provided with water, diversion location, water source
				  information, the anticipated daily amount diverted to provide water for
				  livestock, and whether the water source is an alternate source used to comply
				  with the emergency regulation. The Deputy Director may request additional
				  information or disapprove any self-certification if the information provided is
				  insufficient to support the statement or if more convincing evidence
				  contradicts the claim(s). If a self-certification submitted pursuant to this
				  section is disapproved, the diversions are subject to any applicable
				  curtailment order issued for that basis of right.
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 23.5 - Scott River and Shasta River Watersheds Drought Emergency Requirements › Section 875.5 - Priority for Curtailments in the Scott River and Shasta River Watersheds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Scott River
(1) Regarding curtailment orders
				  in the Scott River watershed:
(A) Curtailment
				  orders in the Scott River watershed to meet drought emergency minimum fisheries
				  flows in the Scott River shall be issued taking into account water right
				  priority, in groupings from lowest to highest priority, as follows:
(i) All post-Scott River Adjudication
				  appropriative water rights.
(ii)
				  Surplus Class Rights in all schedules of the Scott River
				  Adjudication.
(iii) All Post-1914
				  Appropriative water rights in the Scott River Adjudication, Shackleford
				  Adjudication, and French Creek Adjudication, collectively.
(iv) Diversions in Schedule D4 of the Scott
				  River Adjudication.
(v) Diversions
				  in Schedule D3 of the Scott River Adjudication.
(vi) Diversions in Schedule D2 of the Scott
				  River Adjudication.
(vii)
				  Diversions in Schedule D1 of the Scott River Adjudication.
(viii) Diversions in French Creek
				  Adjudication, the Shackleford Adjudication, and Schedule B of the Scott River
				  Adjudication, collectively.
(ix)
				  Diversions in Schedule C of the Scott River Adjudication, and overlying
				  groundwater diversions not described in the Scott River Adjudication.
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 23.5 - Scott River and Shasta River Watersheds Drought Emergency Requirements › Section 875.6 - Curtailment Order Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  water users or water right holders issued a curtailment order under this
				  article are required, within the timeframe specified by the Deputy Director,
				  but not less than seven (7) days, to certify that one or more of the actions
				  enumerated below was taken in response to the curtailment order. The Deputy
				  Director may grant additional time for the submission of information regarding
				  diversion and use of water upon a showing of good cause. The water user or
				  water right holder shall certify, as applicable, that:
(1) Diversion under the identified water
				  right(s) has ceased;
(2) Any
				  continued use is under other water rights not subject to curtailment,
				  specifically identifying those other rights, including the basis of right and
				  quantity of diversion;
(3)
				  Diversions under the identified water right(s) continue only to the extent that
				  they are non-consumptive, for which a certification for continued diversion has
				  been submitted as specified in section
				  875.1;
(4) Diversions under the identified water
				  right(s) continue only to the extent that they are necessary to provide for
				  minimum human health and safety needs, a certification has been filed as
				  authorized under section
				  875.2, and the subject water right
				  authorizes the diversion in the absence of a curtailment order;
(5) Diversions under the identified water
				  right(s) continue only to the extent that they are necessary to provide for
				  minimum livestock watering needs and a certification has been filed as
				  identified in section
				  875.3, and the subject water right
				  authorizes the diversion in the absence of a curtailment order.
(6) Diversions under the water right(s)
				  continue only to the extent that they are consistent with a petition filed
				  under section
				  875.2, subdivision (c)(2) or under
				  section 875.3, subdivision (d) and
				  diversion and use will comply with the conditions for approval of the petition;
				  or
(7) The only continued water use
				  is for instream purposes.
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 23.5 - Scott River and Shasta River Watersheds Drought Emergency Requirements › Section 875.7 - Inefficient Livestock Watering

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  the purposes of this regulation, inefficient surface water diversions for
				  livestock watering are those that divert, as measured at the point of
				  diversion, more than ten times the amount of water needed to support the number
				  of livestock and reasonable water quantities set forth in Article 5, section
				  697 (or, for livestock not
				  addressed in Article 5, section
				  697, the closest analogous
				  livestock to those listed in Article 5, section
				  697).
(b) From September through March 31,
				  inefficient surface water diversions in the Scott River and Shasta River
				  watersheds for livestock watering, which result in excessive water diversion
				  for a small amount of water delivered for beneficial use, are not reasonable
				  and are therefore prohibited in light of the alternatives available and
				  competing uses unless all of the following minimum flow requirements are met:
(1) The minimum flow requirements in Section
				  875, subsection (c) are met
				  without any active curtailment orders in the relevant watershed.
(2) The diversions do not occur in the fall
				  until the California Department of Fish and Wildlife has determined there has
				  been flow sufficient to stimulate fall-run Chinook salmon migration.
(3) The diversions do not occur after
				  November 1 until the California Department of Fish and Wildlife has determined
				  there has been a flow sufficient to stimulate coho salmon migration, including
				  in the relevant tributary if applicable.
(4) For tributary diversions, except those
				  from Moffett Creek in the Scott River Watershed, the relevant tributary is and
				  remains connected to the mainstem.
(5) The diversions are operated to bypass 90
				  percent of flow at the point of diversion, except that when flows exceed those
				  listed below in the relevant watershed, the diversions may operate to bypass 80
				  percent of flow:
(A) In the Scott River
				  watershed when flows at the United States Geological Survey gage 11519500
				  located downstream of the city of Fort Jones at the northern end of Scott
				  Valley (Scott River Mile 21), in cubic feet per second, are greater than 62 in
				  September; 134-from October 1-15; 139 from October 16-31; 266 in November; 337
				  in December; 362 in January and February, and 354 in March.
(B) In the Shasta River watershed when flows
				  are greater than 220 cubic feet per second at the United States Geological
				  Survey gage 11517500 located near Yreka.
(6) The diversions are operated to bypass
				  amounts greater than those described in subdivision (5) as necessary to avoid
				  disturbing redds.
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 23.5 - Scott River and Shasta River Watersheds Drought Emergency Requirements › Section 875.8 - Information Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Deputy Director may issue information orders to some or all water users,
				  landowners, diverters, or other water right holders in the Scott River and
				  Shasta River watersheds, requiring them to provide additional information
				  related to water use as relevant to implementing this article. The Deputy
				  Director will prioritize information orders for larger diverters and landowners
				  or water right holders with the highest potential to impact surface flows. The
				  Deputy Director, in determining whether and the extent to which to impose
				  information orders under this subdivision, will consider the need for the
				  information and the burden of producing it, and will take reasonable efforts to
				  avoid requiring duplicative reporting of information that is already in the
				  State Water Board's possession. Information orders shall follow the same
				  procedures set forth in section
				  875, subdivision (d).
Information required in an order may include, but is not
					 limited to:
(1) For wells:
(A) Location of the well;
(B) Age of well, including date of
				  installation and first use;
(C)
				  Maximum pump rate and volume pumped per month;
(D) Place of use and purpose of use
				  (beneficial uses of water);
(E)
				  Projected estimate of pumping volumes at a frequency of no more than
				  weekly;
(F) Estimates or
				  measurements of past use;
(G)
				  Groundwater level; and
(H) Other
				  available water sources.
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 23.5 - Scott River and Shasta River Watersheds Drought Emergency Requirements › Section 875.9 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  diverter must comply with a curtailment order issued under this article, any
				  conditions of certification or approval of a petition under this article, and
				  any water right condition under this article, notwithstanding receipt of more
				  than one curtailment order. To the extent of any conflict between applicable
				  requirements, the diverter must comply with the requirements that are the most
				  stringent.
(b) Failure to meet the
				  requirements of this article or of any order issued thereunder constitutes:
(1) a violation subject to civil liability
				  pursuant to Water Code section
				  1846,
				  and
(2) an infraction pursuant to
				  Water Code section
				  1058.5,
				  subdivision (d). Each of these can carry a fine of up to five hundred dollars
				  ($500) for each day in which the violation occurs.
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 24 - Curtailment of Diversions Due to Drought Emergency › Section 876.1 - Emergency Curtailments Due to Lack of Water Availability in the Sacramento-San Joaquin Delta Watershed

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of article heading and new section filed 8-19-2021 as an emergency; operative
					 8-19-2021 (Register 2021, No. 34). The finding of emergency was exempt from OAL
					 review pursuant to Water Code section
					 1058.5(b).
					 Pursuant to Water Code section
					 1058.5(c),
					 a Certificate of Compliance must be transmitted to OAL by 8-18-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Amendment of subsections (b), (c) and (d)(3) filed 5-31-2022
					 as an emergency; operative 5-31-2022 (Register 2022, No. 22). The finding of
					 emergency was exempt from OAL review pursuant to Water Code section
					 1058.5(b).
					 Pursuant to Water Code section
					 1058.5(c),
					 a Certificate of Compliance must be transmitted to OAL by 5-31-2023 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Refiling of 5-31-2022 emergency, including amendment of
					 subsections (d)(2), (d)(4)(B) and (d)(7), new subsection (d)(8) and amendment
					 of subsection (e), on 8-12-2022; operative 8-12-2022 (Register 2022, No. 32).
					 The finding of emergency was exempt from OAL review pursuant to Water Code
					 section
					 1058.5(b).
					 Pursuant to Water Code section
					 1058.5(c),
					 a Certificate of Compliance must be transmitted to OAL by 8-11-2023 or
					 emergency language will be repealed by operation of law on the following
					 day.
4. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2023, No. 34).
Note: Authority cited: Sections
						1058 and
						1058.5, Water
						Code. Reference: Cal. Const., Art. X, §
												2; Sections
						100,
						100.5,
						104,
						105,
						275 and
						1058.5, Water
						Code; El Dorado Irrigation Dist. v. State Water Resources Control Board (2006)
						142 Cal.App.4th 937; Light v. State Water Resources Control Board (2014) 226
						Cal.App.4th 1463; and Stanford Vina Ranch Irrigation Co. v. State of California
						(2020) 50 Cal.App.5th 976.
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 24 - Curtailment of Diversions Due to Drought Emergency › Section 876.5 - Emergency Curtailments Due to Lack of Water Availability in Certain Watersheds [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-4-2021 as an emergency; operative 10-4-2021 (Register 2021,
					 No. 41). The finding of emergency was exempt from OAL review pursuant to Water
					 Code section
					 1058.5(b).
					 Pursuant to Water Code section
					 1058.5(c),
					 a Certificate of Compliance must be transmitted to OAL by 10-3-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Refiling of 10-4-2021 emergency, including amendment of
					 first paragraph and subsection (b) on 9-21-2022 as an emergency; operative
					 9-21-2022 (Register 2022, No. 38). The finding of emergency was exempt from OAL
					 review pursuant to Water Code section
					 1058.5(b).
					 Pursuant to Water Code section
					 1058.5(c),
					 a Certificate of Compliance must be transmitted to OAL by 9-20-2023 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2023, No. 38).
Note: Authority cited: Sections
						1058 and
						1058.5, Water
						Code. Reference: Cal. Const., Art. X, §
												2; Sections
						100,
						100.5,
						104,
						105,
						275 and
						1058.5, Water
						Code; El Dorado Irrigation Dist. V. State Water Resources Control Board (2006)
						142 Cal.App.4th 937; Light v. State Water Resources Control Board (2014) 226
						Cal.App.4th 1463; and Stanford Vina Ranch Irrigation Co. v. State of California
						(2020) 50 Cal.App.5th 976.