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 791 - Change Petitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  After notice of an application to appropriate water has been given pursuant to
				  Article 3, changes in point of diversion, place of use, or purpose of use as
				  stated in the application, permit, or license may be allowed only upon petition
				  and provided that the petitioner establishes that the proposed change(s) will
				  neither in effect initiate a new right nor injure any other legal user of
				  water.
(b) Upon petition under
				  Water Code Section
				  1740, the board
				  may approve changes in point of diversion, place of use or purpose of use in a
				  water right determined by a court decree issued pursuant to Water Code Section
				  2500 et seq.
				  after January 1, 1981. The petitioner shall provide the same factual basis for
				  a temporary, long-term, or permanent change in a water right determined under
				  Water Code Section
				  2500 et seq. as
				  would be required for a temporary, long-term, or permanent change under a
				  permit or license.
(c) See Sections
				  686,
				  730 and
				  799 regarding the addition of
				  generation of power as a purpose of use.
(d) For purposes of Article 15 and 16,
				  "petition" shall be deemed to include the notice or notification provided by
				  the water right holder under Water Code Sections
				  1726 and
				  1727.
(e) The procedures set forth in Articles 15,
				  16, 16.5 and 17 shall be followed as nearly as possible when filing and
				  processing petitions for changes in permits or licenses other than changes in
				  point of diversion, place of use, and purpose of use.
(f) A petition will not be accepted for
				  initial review or filing unless it is accompanied by the filing fee required by
				  chapter 5 (commencing with section
				  1061) of this division. If after
				  the initial review of a petition described in this section the board does not
				  accept the petition for filing, the board shall refund the petition filing fee,
				  minus the $250 non-refundable initial review fee.
(g) The board may cancel a petition for
				  failure to pay any annual fee for the petition when due.
1.
					 Renumbering and amendment of former section
					 791 to section
					 851, and renumbering and amendment
					 of Section
					 738 to Section
					 791 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 12-13-93;
					 operative 1-12-94 (Register 93, No. 51).
3. Amendment of subsection
					 (c), new subsection (f) and amendment of 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.
4. Amendment of subsection (f) and new subsection (g)
					 filed 10-14-2004 as an emergency; operative 10-14-2004 (Register 2004, No. 42).
					 Pursuant to Water Code section
					 1530, this
					 rulemaking action remains in effect until revised by the State Water Resources
					 Control Board.
5. Editorial correction amending subsection (a)
					 (Register 2005, No. 17).
Note: Authority cited: Sections
						1058 and
						1530, Water
						Code. Reference: Sections
						1525,
						1701,
						1702,
						1725,
						1726,
						1727,
						1735 and
						1740, Water
						Code.