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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 10 - Investigations › Section 756 - Benefits and Detriments; Alternative Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Analysis. The board shall at the request of any party or on its own motion, to
				  the extent practicable, identify and evaluate the benefits and detriments,
				  including but not limited to economic and environmental factors, of the present
				  and prospective beneficial uses of the waters involved and alternative means of
				  satisfying or protecting such uses, and make findings with respect thereto. For
				  example, if releases of stored water may be required in connection with a
				  project, any party may request that the board analyze the potential benefits
				  and detriments, if any, of such releases. These benefits and detriments may be
				  both economic and environmental. Some examples are possible enhancement or
				  mitigation of flows and enhancement or mitigation of water quality downstream
				  which may, in turn, result in economic benefit or economic mitigation to
				  downstream water users and cause a reduction in economic benefit to direct
				  users of project water by reducing the amount of water available for their
				  use.
(b) Source of Information. The
				  applicant may be required, and other parties may be requested, to provide such
				  information as is determined necessary by the board to prepare the evaluation
				  provided for by this section. The board will use the environmental documents
				  prepared for the project and evidence received in any proceeding relative to
				  the application as sources of information to the fullest extent
				  possible.
(c) Time for Filing
				  Request. Any request by a party that the board make the evaluation called for
				  by this section must be received prior to the date of notice of hearing or
				  notice that the board will conduct proceedings in lieu of hearing.
1.
					 Renumbering of former Section
					 758 filed 12-1-55; effective
					 thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed
					 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
3.
					 Renumbering and amendment of former Section
					 756 to Section
					 732, and renumbering and amendment
					 of Section
					 729 to Section
					 756 filed 1--16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 75, No. 13.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						100,
						174,
						275,
						1242.5,
						1243,
						1251,
						1253,
						1256,
						1257,
						1258,
						1391,
						1394,
						13000,
						13001,
						13050,
						13140,
						13141,
						13142,
						13170 and
						13240, 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 10 - Investigations › Section 757 - Filing for Service of a Subdivision (Leasing). [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
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 11 - Hearings and Proceedings in Lieu of Hearing › Section 760 - Hearings on Water Right Applications and Other Water Right Matters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Adjudicative hearings on water right applications and other
					 water right matters shall be conducted in accordance with the procedures set
					 forth in article 2 of chapter 1.5 of this division. Nothing in this section
					 shall limit the Board's authority to conduct nonadjudicative informational
					 hearings.
1. New
					 Article 17.1 (Section
					 760) filed 11-24-71; effective
					 thirtieth day thereafter (Register 71, No. 48).
2. Renumbering and
					 amendment of former Section
					 760 to Section
					 700, and renumbering and amendment
					 of Section
					 737 to Section
					 760 filed 1--16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
3. Repealer and new
					 section filed 3-26-98 as an interim regulation pursuant to Government Code
					 section
					 11400.20;
					 operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98
					 unless earlier amended or repealed.
4. Pursuant to Government Code
					 section
					 11400.20(b)(2),
					 interim regulations extended to 3-31-99 by filing of permanent regulations with
					 OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99;
					 resubmitted by the State Water Resources Control Board on 3-10-99; and filed
					 with the Secretary of State on 3-31-99, effective upon filing (Register 99, No.
					 14).
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Sections
						183,
						1051,
						1342,
						1345,
						1346,
						1347,
						1348,
						1350,
						1391 and
						1394, 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 11 - Hearings and Proceedings in Lieu of Hearing › Section 761 - Procedure at Hearings. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 Article 17.2 (§§
											761,
					 762,
					 763) filed 3-23-73; effective
					 thirtieth day thereafter (Register 73, No. 12). 2. Amendment of subsection (a)
					 filed 3-27-75; effective thirtieth day thereafter (Register 75, No.
					 13).
2. Amendment of subsection (a) filed 1-28-77; effective
					 thirtieth day thereafter (Register 77, No. 5).
3. Amendment filed
					 8-1-78; effective thirtieth day thereafter (Register 78, No. 31).
4.
					 Renumbering and amendment of former Section
					 761 to Section
					 780, and renumbering and amendment
					 of Section
					 733 to Section
					 761 filed 1--16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 80, No. 3.
5. Editorial correction amending numerical sequence of
					 HISTORIES (Register 98, No. 13).
6. Repealer filed 3-26-98 as an
					 interim regulation pursuant to Government Code section
					 11400.20;
					 operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98
					 unless earlier amended or repealed.
7. Permanent repealer filed
					 3-31-99 (Register 99, No. 14).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						183,
						1051,
						1251 and
						1353, 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 11 - Hearings and Proceedings in Lieu of Hearing › Section 762 - Witnesses and Exhibits. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of former Section
					 762 to Section
					 781, and renumbering and amendment
					 of Section
					 735.5 to Section
					 762 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see
					 Registers 79, No. 27 and 78, No. 12.
2. Repealer filed 3-26-98 as an
					 interim regulation pursuant to Government Code section
					 11400.20;
					 operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98
					 unless earlier amended or repealed.
3. Permanent repealer filed
					 3-31-99 (Register 99, No. 14).
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Sections
						183 and
						1051, 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 11 - Hearings and Proceedings in Lieu of Hearing › Section 762.5 - Passage of Water for Fish. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 4-24-75; effective thirtieth day thereafter (Register 75, No.
					 17).
2. Renumbering and amendment of Section
					 762.5 to Section
					 782 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Chapter 6, Part 2, Division 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 11 - Hearings and Proceedings in Lieu of Hearing › Section 763 - Subpoenas. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 2-28-75; effective thirtieth day thereafter (Register 75, No. 9). For
					 prior history, see Register 73, No. 12.
2. Renumbering and amendment
					 of former Section
					 763 to Section
					 783, and renumbering and amendment
					 of Section
					 732 to Section
					 763 filed 1--16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
3. Repealer filed
					 3-26-98 as an interim regulation pursuant to Government Code section
					 11400.20;
					 operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98
					 unless earlier amended or repealed.
4. Permanent repealer filed
					 3-31-99 (Register 99, No. 14).
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Sections
						183,
						1080,
						1082,
						1083,
						1084,
						1085,
						1086 and
						1090, 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 11 - Hearings and Proceedings in Lieu of Hearing › Section 763.5 - Release of Stored Water. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-27-75; effective thirtieth day thereafter (Register 75, No.
					 13).
2. Amendment of subsection (b) filed 10-1-75; effective
					 thirtieth day thereafter (Register 75, No. 40).
3. Renumbering and
					 amendment of Section
					 763.5 to Section
					 784 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Chapter 6, Part 2, Division 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 11 - Hearings and Proceedings in Lieu of Hearing › Section 764 - Combined Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board may hold a hearing to obtain evidence necessary
					 to allow it to adopt or amend a water quality control plan pursuant to Water
					 Code Section
					 13170 in
					 combination with a hearing regarding a specific water right application or
					 petition for a change, or in connection with a hearing regarding an exercise of
					 the board's reserved jurisdiction. Whenever the board decides to hold a
					 combined hearing and to make only one record for the combined proceeding, the
					 board's hearing shall meet all of the requirements of Part 2 (commencing with
					 Section 1200) of Division 2 of the Water
					 Code.
1. New
					 Article 17.3 (Sections
					 764,
					 764.5-764.8) filed 1-25-74;
					 effective thirtieth day thereafter (Register 74, No. 4).
2.
					 Amendment filed 6-26-75; effective thirtieth day thereafter (Register 75, No.
					 26).
3. Renumbering and amendment of former Section
					 764 to Section
					 820, and new Section
					 764 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						179,
						179.6 and
						183, 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 11 - Hearings and Proceedings in Lieu of Hearing › Section 764.5 - Investigation of Complaints. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of Section
					 764.5 to Section
					 821 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 74, No. 4.
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 11 - Hearings and Proceedings in Lieu of Hearing › Section 764.6 - Action by the Board. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of Section
					 764.6 to Section
					 822 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 74, No. 4.
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 11 - Hearings and Proceedings in Lieu of Hearing › Section 764.7 - Action on the Board's Own Motion. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of Section
					 764.7 to Section
					 823 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 74, No. 4.
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 11 - Hearings and Proceedings in Lieu of Hearing › Section 764.8 - Licenses. [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 74, No. 4.
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 11 - Hearings and Proceedings in Lieu of Hearing › Section 764.9 - Policy. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 1-28-77; effective thirtieth day thereafter (Register 77, No.
					 5).
2. Renumbering and amendment of Section
					 764.9 to Section
					 855 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Section
						275, Chapter 2.5, Division 1 and
						Part 2, Division 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 11 - Hearings and Proceedings in Lieu of Hearing › Section 764.10 - Investigations. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 Article 17.4 (Sections
					 764.10-764.13) filed 5-22-75;
					 effective thirtieth day thereafter (Register 75, No. 21).
2.
					 Amendment filed 6-24-77; effective thirtieth day thereafter (Register 77, No.
					 26).
3. Renumbering and amendment of Section
					 764.10 to Section
					 856 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, 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 11 - Hearings and Proceedings in Lieu of Hearing › Section 764.11 - Notifications and Orders. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 6-24-77; effective thirtieth day thereafter (Register 77, No. 26). For
					 prior history, see Register 75, No. 21.
2. Renumbering and amendment
					 of Section
					 764.11 to Section
					 857 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 2 - Appropriation of Water › Article 11 - Hearings and Proceedings in Lieu of Hearing › Section 764.12 - Noncompliance with Order: Revocation of Entitlement. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 6-24-77; effective thirtieth day thereafter (Register 77, No.
					 26).
2. Change without regulatory effect repealing section filed
					 3-26-98 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 98, No. 13).
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 11 - Hearings and Proceedings in Lieu of Hearing › Section 764.13 - Noncompliance with Order: Enforcement by Attorney General. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 6-24-77; effective thirtieth day thereafter (Register 77, No.
					 26).
2. Change without regulatory effect repealing section filed
					 3-26-98 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 98, No. 13).
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 11 - Hearings and Proceedings in Lieu of Hearing › Section 764.14 - Alternative Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The procedures 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. New
					 section filed 7-6-79; effective thirtieth day thereafter (Register 79, No.
					 27).
Note: Authority cited: Sections
						185 and
						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 11 - Hearings and Proceedings in Lieu of Hearing › Section 764.20 - Conservation and Protection of Water Within the Sacramento-San Joaquin Delta and Its Tributary Streams. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 2-9-78 as an emergency; effective upon filing (Register 78, No. 6). For
					 prior history, see Register 77, Nos. 24, 33 and 51.
2. Certificate
					 of Compliance as to 2-9-78 repealer filed 4-14-78 (Register 78, No. 15).
Note: Additional authority cited: Sections
						100,
						275,
						13000-
						13001 and
						13140, Water
						Code. Reference: Chapters 1 and 3, Division 7, 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 11 - Hearings and Proceedings in Lieu of Hearing › Section 765 - Hearings to be Held Promptly

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Protested applications will be heard as promptly as
					 practicable in light of all the circumstances. Requests for inordinate delay of
					 hearings or in conducting stipulated proceedings in lieu of hearing will be
					 denied.
1. Amendment
					 filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
					 5).
2. Renumbering and amendment of former Section
					 765 to Section
					 830, and renumbering and amendment
					 of Section
					 736 to Section
					 765 filed 1--16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						179.6,
						183 and
						1051, 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 11 - Hearings and Proceedings in Lieu of Hearing › Section 766 - Failure to Appear-Effect

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any party who fails to appear at a hearing will not be
					 entitled to a further opportunity to be heard unless good cause for such
					 failure is shown to the board within five days thereafter. The lack of such
					 showing of good cause may, in the discretion of the board, be interpreted as an
					 abandonment of interest in the application.
1. Amendment
					 filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
					 5).
2. Renumbering and amendment of former Section
					 766 to Section
					 831, and renumbering and amendment
					 of Section
					 731 to Section
					 766 filed 1--16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 64, No. 6.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						183 and
						1352, 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 11 - Hearings and Proceedings in Lieu of Hearing › Section 767 - Hearings in Response to Drought Emergency Conditions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  hearing held to consider the taking of action in response to drought emergency
				  conditions shall receive calendar priority over other matters pending hearing
				  before the board.
(b) The board
				  shall give notice of any hearing to consider action in response to drought
				  emergency conditions at least seven days prior to the hearing. The provisions
				  of Section
				  648.4 of Article 2, relating to
				  submitting proposed exhibits, shall not apply to any such hearing. The time for
				  submitting such materials shall be as specified in the hearing
				  notice.
(c) In addition to any
				  other issues specified in the hearing notice as issues upon which the parties
				  should submit information, the parties to any such hearing shall address the
				  following issues:
(1) Existence of a bona
				  fide drought emergency, including information to enable evaluation of the
				  seriousness of the emergency;
(2)
				  water conservation measures which have been implemented in the area being
				  served; and
(3) availability of
				  alternative sources of water supply, including reclaimed
				  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 12 - Reconsideration and Amendments of Board Water Right Decision and Orders › Section 768 - Reconsideration of Board Decisions and Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No later than thirty (30) days after adoption by the board
					 of a decision or order, any person interested in any application, permit or
					 license affected by the decision or order may petition the board for
					 reconsideration of the matter upon any of the following causes:
(a) Irregularity in the proceedings, or any
				  ruling, or abuse of discretion, by which the person was prevented from having a
				  fair hearing;
(b) The decision or
				  order is not supported by substantial evidence;
(c) There is relevant evidence which, in the
				  exercise of reasonable diligence, could not have been produced;
(d) Error in law.
1. Repealer
					 of former Section
					 768, and renumbering and amendment
					 of Section
					 737.1 to Section
					 768 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 75, No. 21.
2. Change without regulatory effect amending NOTE 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
						1122 and
						1123, 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 12 - Reconsideration and Amendments of Board Water Right Decision and Orders › Section 769 - Petition for Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  petition for reconsideration of a decision or order shall be submitted in
				  writing and shall contain the following:
(1)
				  Name and address of the petitioner.
(2) The specific board action of which
				  petitioner requests reconsideration.
(3) The date on which the order or decision
				  was made by the board.
(4) The
				  reason the action was inappropriate or improper.
(5) The specific action which petitioner
				  requests.
(6) A statement that
				  copies of the petition and any accompanying materials have been sent to all
				  interested parties.
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 12 - Reconsideration and Amendments of Board Water Right Decision and Orders › Section 770 - Board Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  board may:
(1) Refuse to reconsider the
				  decision or order if the petition fails to raise substantial issues related to
				  the causes for reconsideration set out in Section
				  768; or
(2) After review of the records, including
				  any hearing transcript and any material submitted in support of the petition:
(A) Deny the petition upon a finding that the
				  decision or order was appropriate and proper; or
(B) Set aside or modify the decision or
				  order; or
(C) Take other
				  appropriate action.
Before taking final action, the board may, in its
					 discretion, hold a hearing for the purpose of oral argument or receipt of
					 additional evidence or both.
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 12 - Reconsideration and Amendments of Board Water Right Decision and Orders › Section 771 - Procedure Relating to Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of Article 11 of the subchapter insofar as
					 they are applicable shall govern hearings under this article.
1. Amendment
					 filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
					 5).
2. Renumbering and amendment of former Section
					 771 to Section
					 835, and renumbering and amendment
					 of Section
					 737.5 to Section
					 771 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 75, No. 21.
3. Change without regulatory effect amending NOTE 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
						183,
						1051,
						1080,
						1122 and
						1123, 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 12 - Reconsideration and Amendments of Board Water Right Decision and Orders › Section 772 - Issuance of Separate Permits and Licenses. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 12-7-67 as organizational and procedural; effective upon filing
					 (Register 67, No. 49).
2. Renumbering and amendment of Section
					 772 to Section
					 836 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 2 - Appropriation of Water › Article 13 - Right of Access › Section 775 - Right of Access over Lands Not Owned by Applicant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the applicant will need to occupy property or to use
					 existing works not owned by him, it will generally be sufficient for the
					 applicant to state in writing that the consent of the owner has been obtained,
					 provided there is no denial. When the owner will not consent, the board may
					 require satisfactory evidence of the applicant's ability through condemnation
					 proceedings or otherwise to secure the necessary right of access before the
					 application will be approved. For good cause shown, the board may allow
					 reasonable time for the applicant to negotiate with the owner for the necessary
					 right of access.
1.
					 Renumbering and amendment of Section
					 747 to Section
					 775 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
						1250,
						1252,
						1253,
						1257 and
						1260, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2 - Appropriation of Water › Article 13 - Right of Access › Section 776 - Where Public Agency Permission or Approval is Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the proposed project will require a permit, license, or
					 approval from another public agency or officer and it become evident that
					 regardless of the action taken by the board, such permit, license, or approval
					 could not be secured from the proper agency, the application will be
					 rejected.
1. Amendment
					 filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5). (Ed.
					 Note--Similar to former Section
					 778.)
2. Amendment
					 filed 3-19-64; effective thirtieth day thereafter (Register 64, No.
					 6).
3. Renumbering and amendment of former Section
					 776 to Section
					 840, and renumbering and amendment
					 of Section
					 748 to Section
					 776 filed 1--16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1250 and
						1255, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 2 - Appropriation of Water › Article 13 - Right of Access › Section 776.5 - Requests for Extension of Time Under Permit. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 12-1-55; effective thirtieth day thereafter (Register 55, No.
					 17).
2. Repealer filed 3-10-60; effective thirtieth day thereafter
					 (Register 60, No. 5).
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 13 - Right of Access › Section 777 - Right of Access over Lands Where Title is Disputed

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board will not undertake to determine title to land or
					 the right to occupy or use land or other property. A dispute concerning
					 applicant's title or right to occupy or use land or other property necessary
					 for consummation of the proposed appropriation is not cause for denial of an
					 application. A protest based solely upon such disputed title or right will
					 ordinarily be rejected as not presenting an issue within the board's
					 jurisdiction; provided that the board may temporarily defer action on an
					 application pending judicial determination of applicant's title or right to
					 occupy or use property when in the board's judgment such action is
					 justified.
1. Amendment
					 filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5). (Ed.
					 Note - Similar to former Section
					 776.)
2. Renumbering
					 and amendment of former Section
					 777 to Section
					 841, and renumbering and amendment
					 of Section
					 749 to Section
					 777 filed 1--16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Section
						1250, 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 13 - Right of Access › Section 778 - Request for Extension of Time Under Permits. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5). (Ed.
					 Note--Similar to former Section
					 776.5.)
2. Renumbering
					 and amendment of Section
					 778 to Section
					 842 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 2 - Appropriation of Water › Article 13 - Right of Access › Section 778.5 - Notice of Petitions and Protests. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 5-9-74; effective thirtieth day thereafter (Register 74, No.
					 19).
2. Amendment of subsection (a) filed 1-28-76; effective
					 thirtieth day thereafter (Register 76, No. 5).
3. Renumbering and
					 amendment of Section
					 778.5 to Section
					 843 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 2 - Appropriation of Water › Article 13 - Right of Access › Section 779 - Cause for Extension of Time. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
					 5).
2. Amendment filed 3-19-64; effective thirtieth day thereafter
					 (Register 64, No. 6).
3. Amendment filed 12-24-71; effective
					 thirtieth day thereafter (Register 71, No. 48).
4. Editorial
					 correction (Register 72, No. 27).
5. Renumbering and amendment of
					 Section 779 to Section
					 844 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 2 - Appropriation of Water › Article 14 - Standard Permit Terms and Conditions › Section 781 - Public Access for Fishing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In compliance with Fish and Game Code Section
					 5943,
					 all permits for storage of water on a stream naturally frequented by fish shall
					 require the permittee to accord to the public, for the purpose of fishing,
					 reasonable right of access to the waters impounded by the dam under the permit
					 during the open season for the taking of fish, subject to the regulations of
					 the Fish and Game Commission and, for domestic water supply reservoirs, subject
					 to applicable public health requirements contained in Title 17 of the
					 California Administrative Code.
1. New
					 section filed 8-24-73; effective thirtieth day thereafter (Register 73, No.
					 34).
2. Renumbering and amendment of former Section
					 781 to Section
					 845, and renumbering and amendment
					 of Section
					 762 to Section
					 781 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 73, No. 12.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Section
						1253, 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 14 - Standard Permit Terms and Conditions › Section 782 - Passage of Water for Fish

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In compliance with Section
					 5937 of
					 the Fish and Game Code, all permits for diversion of water from a stream by
					 means of a dam which do not contain a more specific provision for the
					 protection of fish shall require the permittee to allow sufficient water at all
					 times to pass through a fishway, or in the absence of a fishway, allow
					 sufficient water to pass over, around, or through the dam to keep in good
					 condition any fish that may be planted or exist below the dam; provided that
					 during a period of low flow in the stream, upon approval of the Department of
					 Fish and Game, this requirement will be satisfied if sufficient water is passed
					 through a culvert, waste gate, or over or around the dam to keep in good
					 condition any fish that may be planted or exist below the dam if it is
					 impracticable or detrimental to pass the water through a fishway. In the case
					 of a reservoir, this provision shall not require the passage or release of
					 water at a greater rate than the unimpaired natural inflow into the
					 reservoir.
1. New
					 Article 20 (§
											782) filed 3-10-60; effective
					 thirtieth day thereafter (Register 60, No. 5). (Ed. Note--Similar to former
					 Section 779.)
2. Renumbering
					 and amendment of former Section
					 782 to Section
					 847, and renumbering and amendment
					 of Section
					 762,
					 5 to Section
					 782 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 75, No. 17.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1390 and
						1394, 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 14 - Standard Permit Terms and Conditions › Section 783 - Waste Discharge Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the permittee is or will be required to file a report
					 of waste discharge pursuant to Section
					 13260 of the
					 Water Code, the permit shall contain the following term: No water shall be used
					 under this permit until the permittee has filed a report of waste discharge
					 with the California Regional Water Quality Control Board, __________ Region,
					 pursuant to Water Code Section
					 13260, and the
					 regional board or State Water Resources Control Board has prescribed waste
					 discharge requirements or has indicated that waste discharge requirements are
					 not required. Thereafter, water may be diverted only during such times as all
					 requirements prescribed by the regional board or state board are being met. No
					 discharges of waste to surface water shall be made unless waste discharge
					 requirements are issued by a regional board or the state board. A discharge to
					 groundwater without issuance of a waste discharge requirement may be allowed if
					 after filing the report pursuant to Section
					 13260:
(1) The regional board issues a waiver
				  pursuant to Section
				  13269, or
(2) The regional board fails to act within
				  120 days of the filing of the report.
No permittee shall be required to file a report of waste
					 discharge pursuant to Section
					 13260 of the Water Code for
					 percolation to the groundwater of water resulting from the irrigation of
					 crops.
1. New
					 section filed 1-28-77; effective thirtieth day thereafter (Register 77, No.
					 5).
2. Renumbering and amendment of former Section
					 783 to Section
					 848, and renumbering and amendment
					 of Section
					 763 to Section
					 783 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see
					 Registers 75, No. 9 and 73, No. 12.
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 785 - Surface Diversion or Storage. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 Article 20 (§§
											785 and
					 786) filed 12-1-55; effective
					 thirtieth day thereafter (Register 55, No. 17).
2. Renumbering to
					 Article 21 and amendment filed 3-10-60; effective thirtieth day thereafter
					 (Register 60, No. 5).
3. Renumbering and amendment of Section
					 785 to Section
					 846 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 2 - Appropriation of Water › Article 14 - Standard Permit Terms and Conditions › Section 786 - Underground Storage. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
					 5).
2. Renumbering and amendment of Section
					 786 to Section
					 846 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 2 - Appropriation of Water › Article 14 - Standard Permit Terms and Conditions › Section 790 - Revocation Hearings. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 Article 22 (§§
											790,
					 791,
					 792) filed 3-10-60; effective
					 thirtieth day thereafter (Register 60, No. 5).
2. Renumbering and
					 amendment of Section
					 790 to Section
					 850 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 2 - Appropriation of Water › Article 15 - Changes in Point of Diversion, Place of Use, or Purpose of Use › Section 792 - Nature of Approval Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Prior to issuance of a permit, a petition for change shall set forth amendments
				  to the application or be accompanied by an amended application reflecting the
				  proposed change(s). Thereafter consideration of the application will be based
				  upon the amended application.
(1) If the
				  petition is filed prior to issuance of the notice of application (See Article
				  3), amendments to the application shall be reflected in the application
				  notice.
(2) If the petition is
				  filed after issuance of the notice of application and prior to issuance of a
				  permit, the application shall be renoticed using the procedures in Article
				  3.
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 793 - Filing Fee when Multiple Changes or Rights Involved. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of section
					 739 to section
					 793 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 64, No. 6.
2. Amendment of section and NOTE filed 12-13-93;
					 operative 1-12-94 (Register 93, No. 51).
3. Amendment of section and
					 NOTE filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No.
					 52). Pursuant to Water Code section
					 1530 this
					 rulemaking action remains in effect until revised by the State Water Resources
					 Control Board.
4. Repealer filed 10-21-2005 as an emergency;
					 operative 10-21-2005. Water Code section
					 1530 provides
					 that this filing shall be deemed an emergency and shall remain in effect until
					 revised by the State Water Resources Control Board (Register 2005, No.
					 42).
5. Editorial correction of HISTORY 4 (Register 2008, No.
					 45).
Note: Authority cited: Sections
						1058 and
						1530, Water
						Code. Reference: Sections
						1436 and
						1525, Water
						Code.