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 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 963 - Subpoenas. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 12-7-67 as organizational and procedural; effective upon filing (Register
					 67, No. 49). For prior history, see Register 56, No. 12.
2.
					 Amendment filed 12-15-72; effective thirtieth day thereafter (Register 72, No.
					 51).
3. Repealer filed 1-16-87; effective thirtieth day thereafter
					 (Register 87, No. 10).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 964 - Procedure at Hearings. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For
					 prior history, see Register 56, No. 12.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 965 - Official Notice. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 12-7-67 as organizational and procedural; effective upon filing (Register
					 67, No. 49). For prior history, see Register 56, No. 12.
2. Repealer
					 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 966 - Evidence by Reference. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 12-7-67 as organizational and procedural; effective upon filing (Register
					 67, No. 49). For prior history, see Register 56, No. 12.
2. Repealer
					 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 967 - Oral Arguments and Briefs. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 12-7-67 as organizational and procedural; effective upon filing (Register
					 67, No. 49). For prior history, see Register 56, No. 12.
2. Repealer
					 filed 1-16-87, effective thirtieth day thereafter (Register 87, No. 10).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 968 - Attorneys or Agents. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section (renumbered from former Section
					 994 amended) filed 6-12-56;
					 effective thirtieth day thereafter (Register 56, No. 12).
2.
					 Amendment filed 12-7-67 as organizational and procedural; effective upon filing
					 (Register 67, No. 49).
3. Repealer filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3 - Determination of Right to the Use of Water › Article 2 - Adjudications Under Water Code Sections 2500 Through 2900 › Section 969 - Inspection of Records. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section (renumbered from former Section
					 995 amended) filed 6-12-56;
					 effective thirtieth day thereafter (Register 56, No. 12).
2.
					 Amendment filed 12-7-67 as organizational and procedural; effective upon filing
					 (Register 67, No. 49).
3. Renumbering and amendment of Section
					 961 to Section
					 951 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3.5 - Urban Water Use Efficiency and Conservation › Article 1 - Water Loss Performance Standards for Urban Retail Water Suppliers › Section 981 - Volumetric Water Loss Performance Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  later than January 1, 2028, each urban retail water supplier shall reduce real
				  loss from its distribution systems to no greater than the real water loss
				  standard identified in section
				  982, as reflected in the
				  supplier's reported real loss in its annual audit submitted for 2027.
(b) If the urban retail water supplier's real
				  loss reported in its 2027 annual audit exceeds the supplier's real water loss
				  standard calculated in accordance with section
				  982, the supplier will be in
				  compliance with subdivision (a) of this section if the supplier has achieved
				  its real water loss standard as reflected in the real loss levels reported in
				  its annual audit submitted for either 2025 or 2026.
(c) After 2028, each urban retail water
				  supplier's compliance with its real water loss standard shall be assessed in
				  every third year based on an average of the real losses reported in its three
				  most recent annual audits. A supplier shall maintain, for each compliance
				  assessment, real loss that is no greater than 5 gallons per connection per day
				  above the supplier's real water loss standard.
(d) At the time compliance with real water
				  loss standards is assessed, apparent losses will also be evaluated. Each
				  supplier's apparent loss standard is the average of the supplier's baseline
				  apparent losses plus an allowed variation of 2 gallons per connection per day.
				  If the average apparent losses for any compliance period are greater than this
				  standard, the supplier must submit an inventory of apparent losses.
(1) The apparent losses inventory shall
				  include any calculations and data used to determine apparent losses for the
				  water loss audits spanning the compliance period for which the standards have
				  been evaluated. Each inventory item shall include the type of apparent loss
				  (for example, metering inaccuracies, data handling errors, theft), the
				  estimated volume of loss, and how each value was determined (for example,
				  direct measurement, calculation based on specific equation(s), visual
				  estimate).
(2) The apparent losses
				  inventory must be submitted on a spreadsheet readable by the Board within 6
				  months of the supplier being informed by the Board that the supplier has
				  exceeded its apparent loss standard. The Board will make a template available
				  on its website.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3.5 - Urban Water Use Efficiency and Conservation › Article 1 - Water Loss Performance Standards for Urban Retail Water Suppliers › Section 983 - Questionnaires and Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each urban retail water supplier, except those meeting the criteria in section
				  982, subdivision (d), shall submit
				  responses to specific questions developed by the board on metering practices
				  and data handling that influence data quality for water loss audits by July 1,
				  2023. Questions shall solicit information on the following:
(1) The proportion of source/production water
				  withdrawals that is metered
(2) The
				  program for regular flow testing of its production and source meters for
				  accuracy
(3) Frequency with which
				  source meters are tested
(4) The
				  program for regular electronic calibration of secondary instrumentation that
				  supports source or production meters, including the frequency of
				  calibration
(5) The proportion of
				  authorized consumption that is measured by customer meters
(6) The program for regular flow testing of
				  customer meters for accuracy
(7)
				  Frequency with which customer meters are flow tested to determine
				  accuracy
(8) Types of data handling
				  and billing errors identified in the prior year
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3.5 - Urban Water Use Efficiency and Conservation › Article 1 - Water Loss Performance Standards for Urban Retail Water Suppliers › Section 984 - Adjustments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  urban retail water supplier may submit to the Board a request for a parameter
				  adjustment to its real water loss standard based on system-specific conditions
				  affecting operations and system conditions.
(b) A request for a parameter adjustment must
				  include a description of specific parameter input(s) or data that would be
				  adjusted, documentation supporting the request, and an assessment of changes
				  from the adjustment of input(s).
(1) A
				  supplier may request to use a different rise in price of water if the supplier
				  demonstrates that the alternative value:
(A)
				  Is not less than the real discount rate, 3.5 percent; and
(B) Has been developed and certified by a
				  licensed engineer.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3.5 - Urban Water Use Efficiency and Conservation › Article 1 - Water Loss Performance Standards for Urban Retail Water Suppliers › Section 985 - Variances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  urban retail water supplier may seek approval of a variance to its real water
				  loss standard if needed to respond to unexpected adverse conditions out of the
				  system's control or where a supplier's real water loss standard has been set
				  according to section
				  982(b)(1).
				  Examples of adverse conditions out of the system's control include major damage
				  to the system's distribution system or storage infrastructure, major unexpected
				  changes in avoided water costs, and major changes in the system's financial
				  situation (for example, bankruptcy or substantial loss of revenue). Drought
				  shall not generally support a variance pursuant to this section.
(b) Any request for a variance for adverse
				  conditions shall include a description and assessment of impacts from the
				  identified adverse condition, a clearly identified need for the revision, a
				  proposed schedule, or milestones, for return to the usual real water loss
				  standard, and documentation supporting the request.
(c) Any request for a variance based on a
				  real water loss standard being set according to section
				  982(b)(1) shall
				  include a description of water loss control activities during the baseline
				  period, the costs of water loss control activities during the baseline period,
				  and an evaluation of the monetary value of water saved by those water loss
				  control activities. To be approved, the request must demonstrate that the water
				  loss control activities during the baseline period were not cost-effective long
				  term.
(d) A variance for adverse
				  conditions shall be in the form of an extension of the compliance period.
				  Notwithstanding section
				  981(c), a
				  supplier with an approved variance based on subdivision (c) of this section
				  shall maintain, for each compliance assessment, real loss that is no greater
				  than 10 gallons per connection per day above the supplier's average baseline
				  real loss.
(e) An urban retail
				  water supplier may seek approval of a variance to its apparent loss standard if
				  increases from the average baseline apparent loss level are attributable to
				  improvements in data validity. A variance may be approved after finding that
				  for two consecutive years the supplier's validated annual audits show data
				  entries have improved to a data grading value of 6 or higher for the following
				  audit data entries:
(1) customer metering
				  inaccuracies; or
(2) all entries
				  under the heading "water supplied":
(A) volume
				  from own sources;
(B) master meter
				  and supply error adjustment;
(C)
				  water imported (when more than 5% of total water supplied); and
(D) water exported (when more than 5% of
				  total water supplied).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3.5 - Urban Water Use Efficiency and Conservation › Article 1 - Water Loss Performance Standards for Urban Retail Water Suppliers › Section 986 - Additional Conservation Tools

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) When an urban retail water supplier does
				  not meet its real water loss standard required by section
				  981, the executive director, or
				  the executive director's designee, may issue conservation orders requiring
				  additional actions by the supplier to come into compliance with its real water
				  loss standard. Prior to issuance of a conservation order, the Board will
				  provide the supplier an indication of their noncompliance and seek to resolve
				  the noncompliance informally, including through alternative enforceable
				  agreements with the supplier. Informal resolutions of noncompliance will be
				  sought for all systems, and particularly for suppliers that have met the
				  provisions of section
				  981(h) or
				  (i).
(2) A decision or order issued under this
				  article by the board or an officer or employee of the board is subject to
				  reconsideration under article 2 (commencing with section
				  1122) of chapter 4 of part 1 of
				  division 2 of the Water Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3.5 - Urban Water Use Efficiency and Conservation › Article 2 - Reporting › Section 991 - Conservation and Use Reporting by Urban Water Suppliers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each urban water supplier shall prepare and submit to the Board by the 28th of
				  each month a monitoring report on forms provided by the Board. The monitoring
				  report shall include the following information:
(1) The urban water supplier's public water
				  system identification number(s).
(2) The urban water supplier's volume of
				  total potable water production, including water provided by a wholesaler, in
				  the preceding calendar month;
(3)
				  The population served by the urban water supplier during the reporting
				  period;
(4) The percent residential
				  use that occurred during the reporting period;
(5) The water shortage response action
				  level.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3.5 - Urban Water Use Efficiency and Conservation › Article 3 - Prevention of Drought Wasteful Water Uses › Section 995 - Wasteful and Unreasonable Water Uses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As
				  used in this section:
(1) "Turf" has the same
				  meaning as in section
				  491.
(2) "Incidental runoff" means unintended
				  amounts (volume) of runoff, such as unintended, minimal overspray from
				  sprinklers that escapes the area of intended use. Water leaving an intended use
				  area is not considered incidental if it is part of the facility or system
				  design, if it is due to excessive application, if it is due to intentional
				  overflow or application, or if it is due to negligence.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 3.5 - Urban Water Use Efficiency and Conservation › Article 3 - Prevention of Drought Wasteful Water Uses › Section 996 - Urban Drought Response Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As
				  used in this section:
(1) "Commercial,
				  industrial and institutional" refers to commercial water users, industrial
				  water users, and institutional water users as respectively defined in Water
				  Code, section
				  10608.12,
				  subdivisions (e), (i), and (j), and includes homeowners' associations, common
				  interest developments, community service organizations, and other similar
				  entities but does not include the residences of these entities' members or
				  separate interests.
(2) "Common
				  interest development" has the same meaning as in section
				  4100 of the
				  Civil Code.
(3) "Community service
				  organization or similar entity" has the same meaning as in section
				  4110 of the
				  Civil Code.
(4) "Homeowners'
				  association" means an "association" as defined in section
				  4080 of the
				  Civil Code.
(5) "Non-functional
				  turf" means turf that is solely ornamental and not regularly used for human
				  recreational purposes or for civic or community events. Non-functional turf
				  does not include sports fields and turf that is regularly used for human
				  recreational purposes or for civic or community events.
(6) "Plant factor" has the same meaning as in
				  section 491.
(7) "Separate interest" has the same meaning
				  as in section
				  4185 of the
				  Civil Code.
(8) "Turf" has the same
				  meaning as in section
				  491.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 4 - Recordation of Water Extractions and Diversions › Article 1 - Notices of Water Extractions and Diversions › Section 1000 - Use of Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notices filed with the board pursuant to Part 5, Division
					 2, of the Water Code shall be submitted upon forms furnished by the
					 board.
1. New
					 Subchapter 4 (§§
											1000,
					 1001,
					 1002,
					 1006,
					 1010,
					 1011,
					 1015,
					 1020,
					 1021 and
					 1022) filed 10-18-56; effective
					 thirtieth day thereafter (Register 56, No. 19).
2. Repealer of
					 Sections 1000,
					 1001,
					 1005,
					 1006 1010, 1011 and 1015, and new
					 Sections 1000,
					 1001 and
					 1002, filed 12-27-57; effective
					 thirtieth day thereafter (Register 58, No. 1).
3. Amendment filed
					 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Sections
						1052 and
						1058, and
						5002 and
						5008, Water
						Code. Issuing agency: State Water Rights Board. Additional authority and
						Reference: Sections
						5006 and
						5007, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 4 - Recordation of Water Extractions and Diversions › Article 1 - Notices of Water Extractions and Diversions › Section 1001 - Separate Notices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A separate First Notice and Annual Notice shall be filed
					 for each well or surface diversion.
1. New Note
					 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						5101,
						5102 and
						5104, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 4 - Recordation of Water Extractions and Diversions › Article 1 - Notices of Water Extractions and Diversions › Section 1002 - Contents of Notices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The notices shall contain the available information
					 required by the forms provided by the board and shall be prepared in accordance
					 with the instructions contained therein.
1. Amendment
					 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Section
						5103, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 4 - Recordation of Water Extractions and Diversions › Article 2 - Fees › Section 1010 - Filing Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notices of ground water extraction or surface water
					 diversions shall be accompanied by a filing fee required by section
					 1070 of this division.
1.
					 Renumbering from Section
					 1020, and amendment filed
					 12-27-57; effective thirtieth day thereafter (Register 58, No.
					 1).
2. Amendment filed 11-25-59; effective thirtieth day thereafter
					 (Register 59, No. 20).
3. Amendment filed 5-24-74; designated
					 effective 7-1-74 (Register 74, No. 21).
4. Amendment filed 1-16-87;
					 effective thirtieth day thereafter (Register 87, No. 10).
5.
					 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,
						1530 and
						5006, Water
						Code. Reference: Sections
						1529 and
						5006, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 4 - Recordation of Water Extractions and Diversions › Article 2 - Fees › Section 1011 - Effect of Failure to Pay Filing Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notices not accompanied by the required fees will not be
					 accepted for filing.
1.
					 Renumbering from Section
					 1021 filed 12-27-57; effective
					 thirtieth day thereafter (Register 58, No. 1).
2. Amendment filed
					 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Sections
						1058 and
						5006, Water
						Code. Reference: Section
						5006, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 4 - Recordation of Water Extractions and Diversions › Article 2 - Fees › Section 1012 - Investigation Charges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Requests for investigations and determinations under
					 Section
					 5007 of the
					 Water Code shall be accompanied by a payment of twenty-five dollars ($25). The
					 board will then estimate the total cost of the investigation and determination,
					 and will send a statement thereof to the applicant. Any part of such estimate
					 in excess of twenty-five dollars ($25) must be paid before the investigation is
					 commenced. The estimated total cost of the investigation and determination
					 shall not be exceeded by more than 20 percent without prior notice to the
					 applicant and until his written consent to proceed is obtained and such further
					 payment as the board requires is received.
1.
					 Renumbering from Section
					 1022 filed 12-27-57; effective
					 thirtieth day thereafter (Register 58, No. 1).
2. Amendment filed
					 10-25-65; effective thirtieth day thereafter (Register 65, No.
					 20).
3. Amendment filed 1-16-87; effective thirtieth day thereafter
					 (Register 87, No. 10).
4. Editorial correction amending section
					 (Register 2005, No. 17).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Section
						5007, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 4 - Recordation of Water Extractions and Diversions › Article 3 - Investigation and Determination of Facts › Section 1020 - Notice of Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After a request for an investigation and determination of
					 facts pursuant to Section
					 5007 of the
					 Water Code has been received and the estimated cost has been paid, all persons
					 known to have a direct interest in the matter will be notified of the pendency
					 of the investigation and that they are allowed 30 days within which to submit
					 relevant information concerning the facts to be determined.
1. New
					 Article 3 (Sections
					 1020 through
					 1023) filed 10-25-65; effective
					 thirtieth day thereafter (Register 65, No. 20).
2. Amendment filed
					 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Section
						5007, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 4 - Recordation of Water Extractions and Diversions › Article 3 - Investigation and Determination of Facts › Section 1021 - Service of Proposed Findings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After the board's investigation has been completed, a copy
					 of the proposed findings will be mailed to the person who filed the notice, the
					 person who requested the investigation, and any other person who has submitted
					 information. The proposed findings will be accompanied by a notice that
					 objections to them may be filed within 60 days. The board will specify the
					 persons on whom a copy of any objections shall be served.
1. New noted
					 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Section
						5007, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 4 - Recordation of Water Extractions and Diversions › Article 3 - Investigation and Determination of Facts › Section 1022 - Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If deemed advisable by the board, a hearing will be held to
					 determine any facts which are in dispute. The provisions of Subchapter 2,
					 Article 11, insofar as they are applicable, shall govern hearings held pursuant
					 to this subchapter.
1.
					 Renumbering and amendment of former Section
					 1022 to Section
					 1023, and new Section
					 1022 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Section
						5007, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 4 - Recordation of Water Extractions and Diversions › Article 3 - Investigation and Determination of Facts › Section 1023 - Further Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After the time for filing objections has expired, and after
					 any necessary hearing has been held, a draft of the board's finding and
					 determinations will be prepared and mailed to interested persons who have
					 appeared in the proceeding together with a notice of the time when final action
					 will be taken, which time will not be less than 30 days from the date of
					 mailing the notice. Exceptions to the draft may be filed and served on opposing
					 parties prior to the time stated in the notice and will be considered by the
					 board in making its final determination. The board may cause such further
					 investigation to be made as it deems necessary and for such purpose may defer
					 making its final determination.
1.
					 Renumbering and amendment of former Section
					 1023 to Section
					 1024, and renumbering and
					 amendment of Section
					 1022 to Section
					 1023 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Section
						5007, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 4 - Recordation of Water Extractions and Diversions › Article 3 - Investigation and Determination of Facts › Section 1024 - Shortening of Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board may for cause and consistent with Section
					 5007 of the
					 Water Code shorten any of the times stated in this article.
1.
					 Renumbering and amendment of former Section
					 1023 to Section
					 1024 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1020,
						1021,
						1022 and
						1023, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 4.5 - Implementation of the Sustainable Groundwater Management Act of 2014 › Article 1 - Definitions › Section 1030 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  "Accuracy" means the measured volume relative to the actual volume, expressed
				  as a percent. The percent shall be calculated as 100 x (measured value - actual
				  value) / actual value.
(1) "Measured value"
				  is the value indicated by the device or measurement method or determined
				  through calculations, such as flow rate combined with duration of
				  flow.
(2) "Actual value" is the
				  value as determined through laboratory, design, or field testing
				  protocols.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 4.5 - Implementation of the Sustainable Groundwater Management Act of 2014 › Article 2 - Report of Groundwater Extraction › Section 1032 - Electronic Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Reports, as defined by section
				  1030, subdivision (k), shall be
				  submitted to the board electronically on forms available at the board's
				  website, unless submitted pursuant to subdivision (b).
(b) Reports, as defined by section
				  1030, subdivision (k), for
				  groundwater extractions that meet all the following criteria, may be submitted
				  to the board on the form required for submission to a court-appointed
				  watermaster:
(1) Are described in section
				  5202, subdivision (a)(2) of the
				  Water Code, but not section
				  5202, subdivision (a)(1) of the
				  Water Code;
(2) Are subject to the
				  jurisdiction of a court conducting a comprehensive groundwater adjudication
				  pursuant to sections
				  830
				  to
				  852
				  of the Code of Civil Procedure;
(3)
				  Are required to be reported to a court-appointed watermaster on no less than an
				  annual basis;
(4) Are measured
				  using a meter; and
(5) Are not
				  located in a basin in which the board is conducting an investigation or
				  proceeding under Chapter 11 of Part 2.74 of Division 6 of the Water
				  Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 4.5 - Implementation of the Sustainable Groundwater Management Act of 2014 › Article 3 - Filing Fees › Section 1040 - Annual Filing Fee Schedule

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as provided in section
					 1041, any person required to file
					 a report shall submit to the board an annual filing fee in accordance with the
					 following schedule:
(a) For
				  groundwater extractions described in section 5202, subdivision (a)(2) of the
				  Water Code, but not section 5202, subdivision (a)(1) of the Water Code:
(1) The annual fee is $300 per well plus:
(A) $10 per acre-foot of groundwater
				  extracted during the preceding water year if the person uses a meter to measure
				  groundwater extractions and certifies on a form provided by the Board that the
				  measurements were made using a meter.
(B) $25 per acre-foot of groundwater
				  extracted during the preceding water year if the person does not use a meter to
				  measure groundwater extractions or fails to certify on a form provided by the
				  Board that the measurements were made using a meter.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 4.5 - Implementation of the Sustainable Groundwater Management Act of 2014 › Article 3 - Filing Fees › Section 1041 - Exceptions to the Fee Schedule

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No annual filing fee applies to reports submitted to the
					 Board pursuant to section
					 1032, subdivision (b).
1. New
					 section filed 6-29-2017 as an emergency; operative 6-29-2017 (Register 2017,
					 No. 26). Pursuant to Water Code section
					 1030, this
					 emergency regulation shall remain in effect until revised by the
					 Board.
2. Repeal and adoption of section filed 11-9-2020 as an
					 emergency; operative 11-9-2020 (Register 2020, No. 46). Pursuant to Water Code
					 section
					 1530, this
					 emergency regulation shall remain in effect until revised by the Board.
Note: Authority cited: Sections
						1058,
						1529.5 and
						1530, Water
						Code. Reference: Sections
						1529.5,
						1536,
						1537 and
						5202, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 4.5 - Implementation of the Sustainable Groundwater Management Act of 2014 › Article 3 - Filing Fees › Section 1042 - Meters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  measurement device must be all of the following to be a "meter" used to measure
				  groundwater extractions from the well for purposes of section
				  1040, subdivision (a)(1)(A):
(1) Equipped with a totalizer that:
(A) Records the total volume of groundwater
				  extracted from the well.
(B)
				  Records readings in units of acre-feet, cubic feet, or gallons.
(C) Uses a sufficient number of digits or
				  multipliers to prevent rollover or inaccurate readings.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 4.5 - Implementation of the Sustainable Groundwater Management Act of 2014 › Article 3 - Filing Fees › Section 1043 - Joint and Several Liability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If more than one person is liable for a fee under this
					 chapter, then that liability shall be joint and several.
1. New
					 section filed 6-29-2017 as an emergency; operative 6-29-2017 (Register 2017,
					 No. 26). Pursuant to Water Code section
					 1030, this
					 emergency regulation shall remain in effect until revised by the Board.
Note: Authority cited: Sections
						1529.5,
						1530,
						5107,
						5208, and
						10736(d)(3),
						Water Code. Reference: Sections
						1529.5,
						1530 and
						5202(f),
						Water Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 4.5 - Implementation of the Sustainable Groundwater Management Act of 2014 › Article 3 - Filing Fees › Section 1044 - Administration of Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Annual filing fees shall be based on the regulations in effect at the time of
				  filing. Annual filing fees for the report for the prior water year are due and
				  payable on April 1, or thirty days after the Board issues an invoice, whichever
				  is later.
(b) The Board may waive
				  requirements under this article for any person or class of extractor if the
				  waiver is determined by the board to advance implementation of Part 2.74 of
				  Division 6 of the Water Code. Any person subject to this article may request a
				  waiver, provided that the person is in compliance with the groundwater
				  extraction reporting requirements described in Water Code section
				  5202,
				  subdivision (a) and is a low-income resident, public school, or a public water
				  system or state small water system serving a disadvantaged community where the
				  primary purpose of providing water is for human consumption, cooking and
				  sanitary purposes.
(c) For purposes
				  of this section, a low-income resident is:
(1) someone whose household income is 200
				  percent or less of the federal poverty level (for one-person households,
				  program eligibility shall be based on two-person household guideline levels)
				  or
(2) someone who is enrolled in a
				  qualified public assistance program.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 4.5 - Implementation of the Sustainable Groundwater Management Act of 2014 › Article 3 - Filing Fees › Section 1045 - Petition for Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board's determination that a person is required to pay
					 a fee, or determination regarding the amount of the fee, shall be subject to
					 reconsideration under chapter 4 (commencing with Section
					 1120) of Part 1 of Division 2 of
					 the Water Code. Any petition for reconsideration shall be submitted by the fee
					 payer in accordance with that chapter and Article 12 (commencing with section
					 768) of Chapter 2 of Division 3 of
					 this title. The petition shall specify why the petitioner believes that no fee
					 is due or how the petitioner believes that the amount of the fee has been
					 miscalculated.
1. New
					 section filed 6-29-2017 as an emergency; operative 6-29-2017 (Register 2017,
					 No. 26). Pursuant to Water Code section
					 1030, this
					 emergency regulation shall remain in effect until revised by the Board.
Note: Authority cited: Section
						1530, Water
						Code. Reference: Section
						1120, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 4.5 - Implementation of the Sustainable Groundwater Management Act of 2014 › Article 3 - Filing Fees › Section 1046 - Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Failure to meet any of the requirements of this Chapter is
					 a violation subject to civil liability of up to $500 per day pursuant to Water
					 Code section
					 1846.
1. New
					 section filed 6-29-2017 as an emergency; operative 6-29-2017 (Register 2017,
					 No. 26). Pursuant to Water Code section
					 1030, this
					 emergency regulation shall remain in effect until revised by the Board.
Note: Authority cited: Section
						1846, Water
						Code. Reference: Sections
						1529.5,
						1530,
						1846 and
						5202(f),
						Water Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 4.6 - Watershed Protection and Information › Article 1 - Clear Lake Watershed › Section 1050 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  "Clear Lake Watershed" refers to the collective area within the following
				  watersheds as defined by the National Watershed Boundary Dataset 12-digit
				  Hydrologic Unit Codes: Thurston Lake (180201160301), Cole Creek (180201160302),
				  Kelsey Creek (1802011603), McGaugh Slough-Frontal Clear Lake (180201160305),
				  Adobe Creek (180201160304), Manning Creek-Frontal Clear Lake (180201160306),
				  Rodman Slough-Frontal Clear Lake (180201160307), Lower Scott's Creek
				  (180201160104), Middle Scott's Creek (180201160103), Upper Scott's Creek
				  (180201160102), South Fork Scott's Creek (180201160101), Salt Flat Creek --
				  Middle Creek (180201160204), West Fork Middle Creek (180201160202), East Fork
				  Middle Creek (180201160201), Clover Creek (180201160203), Burns Valley --
				  Frontal Clear Lake (180201160309), Schindler Creek -- Frontal Clear Lake
				  (180201160308), Copsey Creek (180201160601), Seigler Canyon Creek -- Cache
				  Creek (180201160602), and Clear Lake (180201160310).
(b) "Deputy Director" means the Deputy
				  Director of the State Water Resources Control Board's Division of Water
				  Rights.
(c) "Diversion" means
				  taking water by gravity or pumping from a surface stream or subterranean stream
				  flowing through a known and definite channel, or other body of surface water,
				  into a canal, pipeline, or other conduit, and includes impoundment of water in
				  a reservoir, as defined in Water Code section
				  5100(c).
(d) "Extraction" means taking
				  groundwater.
(e) "Groundwater"
				  means water beneath the surface of the earth within the zone below the water
				  table in which the soil is completely saturated with water, but does not
				  include water that flows in known and definite channels unless included
				  pursuant to Section 10722.5, as defined in Water Code section
				  10721, subd.
				  (g).
Note: Authority cited: Sections 186, 1058 and 1058.5,
						Water Code. Reference: Cal. Const., Art. X, § 2; Sections 100, 100.5, 104,
						105, 106.3, 109, 187, 275, 1011, 1011.5, 1051, 1058, 1058.5, 1253, 1825 and
						5106, Water Code; National Audubon Society v. Superior Court (1983) 33 Cal.3d
						419; and Environmental Law Foundation v. State Water Resources Control Board
						(2018) 26 Cal.App.5th 844.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 4.6 - Watershed Protection and Information › Article 1 - Clear Lake Watershed › Section 1051 - Information Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Deputy Director, or delegee, may issue an order to any water right holder or
				  water user to provide information related to the diversion, extraction, or use
				  of water in the Clear Lake watershed relevant to the Board's Clear Lake hitch
				  protection efforts, including groundwater well location and depth, beneficial
				  uses of diverted or extracted water, place of use of diverted or extracted
				  water, volume and timing of diversions or extractions, the basis of right with
				  supporting documents or other evidence, parcel information, or any other
				  information relevant to forecasting use, impacts to surface flows, assessing
				  compliance, or contingency planning for future impacts of drought. If this
				  information is necessary for understanding stream flow in the watershed, Orders
				  may request that recipients report diversions or extractions made in prior
				  months and require recipients to record and report diversions or extractions
				  during subsequent months; Orders may require recipients to report information
				  on a repeated or ongoing basis. The Deputy Director will prioritize information
				  orders for water users whose proximity to surface streams gives them the
				  highest potential to impact surface flows.
(b) Any water right holder or water user
				  receiving an order under subdivision (a) of this section must provide the
				  requested information within the deadlines specified in the order, which may
				  not be less than 5 days following receipt of the order, including any recurring
				  deadlines associated with ongoing reporting requirements as applicable. The
				  Deputy Director or delegee may grant additional time for submission of
				  information upon substantial compliance with the specified deadline and a
				  showing of good cause. Information provided pursuant to subdivision (a) of this
				  section must be submitted through an online reporting platform maintained by
				  the State Water Board and accessible through its website, or through an
				  alternative compliance mechanism as specified by the Deputy Director or
				  delegee.
(1) The Deputy Director or delegee
				  may approve alternative compliance reporting mechanisms, such as reporting
				  information through a third party authorized by the Deputy Director or delegee
				  or participating in an existing data collection program, that the Deputy
				  Director or delegee determines will provide a greater quality of information,
				  improve reporting compliance, enhance data collection, or support local
				  collaborative solutions.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 4.6 - Watershed Protection and Information › Article 1 - Clear Lake Watershed › Section 1052 - Compliance and Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  water right holder or water user must comply with an order issued under this
				  article, all conditions of certification or approval of a petition under this
				  article, and all water right conditions under this article, notwithstanding
				  receipt of more than one order. To the extent of any conflict between
				  applicable requirements, the diverter must comply with the requirements that
				  are the most stringent.
(b) When
				  conducting an inspection to assess a water user's compliance with this article,
				  the State Water Board may obtain an inspection warrant pursuant to the
				  procedures set forth in Title 13 (commencing with Section
				  1822.50)
				  of Part 3 of the Code of Civil Procedure where access is not granted by the
				  property owner.
(c) Failure to meet
				  the requirements of this article or of any order issued thereunder constitutes
				  a violation subject to civil liability pursuant to Water Code section
				  1846, and an
				  infraction pursuant to Water Code section
				  1058.5,
				  subdivision (d), each of which can carry a fine of up to the maximum allowed by
				  statute for each day in which the violation occurs.
(d) Nothing in this section will be construed
				  as limiting the enforceability of or penalties available under any other
				  provision of law.
Note: Authority cited: Sections 186, 1058 and 1058.5,
						Water Code. Reference: Cal. Const., Art. X, § 2; Sections 100, 100.5, 104,
						105, 106.3, 109, 187, 275, 1011, 1011.5, 1051, 1052, 1055, 1058, 1058.5, 1253,
						1825, 1831, 1846 and 5106, Water Code; National Audubon Society v. Superior
						Court (1983) 33 Cal.3d 419; and Environmental Law Foundation v. State Water
						Resources Control Board (2018) 26 Cal.App.5th 844.