California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2 - Appropriation of Water › Article 14 - Standard Permit Terms and Conditions › Section 784 - Release of Stored Water

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  exercising its discretionary authority respecting applications to appropriate
				  water, including prescribing or modifying permit terms and conditions, the
				  board may require releases of water diverted and stored whenever such releases
				  are determined by the board to be in the public interest or are needed to
				  protect public trust uses of water, if such requirement is reasonable under
				  Article X, Section
				  2 of the California
				  Constitution.
(b) Notwithstanding
				  subsection (a) of this section, after a permit has been issued and construction
				  has commenced or substantial financial commitment for construction has been
				  undertaken by the permittee, the board will not require a release or bypass of
				  water authorized to be appropriated by such permit unless the permittee agrees
				  to such bypass or release or unless the board at the time the permit was issued
				  expressly reserved jurisdiction to require such bypass or release. This
				  subsection shall not apply to the continuing authority of the board to regulate
				  appropriations of water so as to conform with Section
				  780 of this subchapter, or to
				  revoke permits as provided in Article 5, Chapter 6, Part 2, Division 2 of the
				  California Water Code. This subsection shall not apply to actions required to
				  implement the provisions of Article 3 (commencing with Section
				  11460) of Chapter 3, Part 3,
				  Division 6, or Part 4.5 (commencing with Section
				  12200) of Division 6 of the
				  California Water Code.
(c) Before
				  requiring releases of water pursuant to subsection (a) of this section over the
				  objection of the applicant or permittee, the board will hold a hearing and make
				  findings with respect thereto. The hearing will be limited to a consideration
				  of (1) the basis of any recommendation of the Department of Fish and Game
				  pursuant to Water Code Section
				  1243; (2)
				  whether such releases are necessary to maintain or enhance beneficial uses or
				  to meet water quality objectives in the relevant water quality control plan;
				  (3) the probable effect of releases upon the applicant's proposed project; (4)
				  evidence to assist in the preparation of dry and critical year relief
				  provisions related to releases; and (5) any other issues which may be relevant
				  to the appropriateness of a release requirement.
(d) The quantity of water required to be
				  released from storage shall be reduced in dry and critical years as defined by
				  the board on a basis determined by the board to be equitable after considering
				  and balancing the effect of reduced quantity upon downstream conditions and
				  upon permittee's project.
1.
					 Renumbering and amendment of Section
					 763.5 to Section
					 783 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 75, No. 40.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Section
						100,
						174,
						275,
						2142.5,
						1253,
						1256,
						1257,
						1258,
						1391,
						13000,
						13001,
						13050,
						13140,
						13141,
						13142,
						13170 and
						13240, Water
						Code; and National Audubon Society v. Superior Court of Alpine County, 33
						Cal.3d 419, 189 Cal.Rptr. 346, 658 P.2d 709 (1983).