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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 7 - Map Requirements › Section 719 - Requirements for Irrigation Purposes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where irrigation is proposed by a public district organized
					 under statute, a public utility, or a mutual water company, the exterior
					 boundaries of the general service area may be shown in lieu of compliance with
					 the provisions of Section
					 715(d). Where
					 irrigation of very large areas is proposed, the board may, in its discretion,
					 waive compliance with the provisions of Section
					 715(d) and accept
					 as sufficient an identification of the exterior boundaries of the general area
					 to be irrigated.
1. Amendment
					 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. Editorial correction (Register 60, No.
					 8).
4. Amendment of subsection (e) filed 5-9-74; effective thirtieth
					 day thereafter (Register 74, No. 19).
5. Renumbering and amendment
					 of former Section
					 719 to Section
					 745, and renumbering and amendment
					 of former Section
					 674 to Section
					 719 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1252,
						1260 and
						1261, 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 7 - Map Requirements › Section 719.5 - Claim of Right Without Compliance with Statutory Procedure. [Renumbered]

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. Renumbering and amendment of former Section
					 719.5 to Section
					 746, 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 7 - Map Requirements › Section 720 - Requirements for Power Purposes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Maps accompanying applications for power purposes shall show the point of
				  diversion, the conduit, penstock and power house and, the point at which the
				  water is returned to the stream.
(b) Applicants applying for more than 3 cubic
				  feet per second direct diversion or 200 acre-feet per annum, shall submit a
				  profile of the penstock on which appears in figures, the elevation of the
				  nozzle if an impulse wheel is to be used, or the elevation of the water surface
				  at the draft tube if a reaction wheel is to be used, and the elevation of the
				  first free water surface above the penstock. The difference between these two
				  elevations must equal the total fall to be utilized.
1. Amendment
					 filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
					 5).
2. Renumbering and amendment of former Section
					 720 to Section
					 747 and
					 753, and renumbering and amendment
					 of Section
					 675 to Section
					 720 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 78, No. 9.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1252,
						1260,
						1261 and
						1531, 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 7 - Map Requirements › Section 721 - Requirements for Mining Purposes. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of former Section
					 721 to Section
					 748, and renumbering and amendment
					 of Section
					 676 to Section
					 721 filed 1--16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see
					 Registers 79, No.2 and 76, No. 36.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1252,
						1260 and
						1261, 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 7 - Map Requirements › Section 722 - Maps for Underground Storage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Maps accompanying applications for underground storage
					 shall show the location of points of diversion or rediversion to underground
					 storage, the conduit system, the areas, estimated capacities and locations of
					 spreading grounds, the areas, capacities, and locations of underground
					 reservoirs, and the places of measurement of water diverted to underground
					 storage, and the place of use.
1. Amendment
					 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
					 722 to Section
					 749, and renumbering and amendment
					 of Section
					 689 to Section
					 722 filed 1--16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1252,
						1260 and
						1261, 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 7 - Map Requirements › Section 722.5 - Abandonment of Protest. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 9-3-76, effective thirtieth day thereafter (Register 76, No.
					 36).
2. Renumbering and amendment of former Section
					 722.5 to Section
					 750 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: 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 7 - Map Requirements › Section 723 - Requirements for Other Purposes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Maps for applications for industrial purposes outside of a municipality or for
				  domestic, recreational, stockwatering, or other purposes not named herein,
				  shall show the location of the place of use by sections, township and range of
				  the public land survey and the 40-acre subdivision thereof.
(b) Maps accompanying applications for
				  domestic use within subdivisions, forest service tracts, etc., shall show the
				  place of use by tract name or number and lot numbers as well as by 40-acre
				  subdivision, section, township, and range.
(c) If the place of use is in an area not
				  covered by a public land survey, the nearest lines of the public land survey
				  should be extended and shown on the map.
1. Amendment
					 filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
					 5)
2. Renumbering and amendment of former Section
					 723 to Section
					 751, and renumbering and amendment
					 of Section
					 678 to Section
					 723 filed 1--16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
3. Editorial
					 correction amending subsection (b) (Register 2005, No. 17).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1252,
						1260 and
						1261, 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 7 - Map Requirements › Section 724 - Filing and Application Without Maps-when Allowed

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For preliminary purposes, the application may be filed
					 without maps or with such maps as are within the present ability of applicant
					 to supply.
1. Amendment
					 filed 3-19-64; effective thirtieth day thereafter (Register 64, No.
					 6).
2. Renumbering and amendment of former Section
					 724 to Section
					 752, and renumbering and amendment
					 of Section
					 681 to Section
					 724 filed 1--16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1052,
						1260 and
						1261, 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 7 - Map Requirements › Section 725 - Deferral of CEQA Documents. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-1-78; effective thirtieth day thereafter (Register 78, No.
					 31).
2. Repealer filed 1-16-87; effective thirtieth day thereafter
					 (Register 87, No. 10).
Note: Specific authority cited: Sections
						1058 and
						13991(g),
						Water Code. Specific Reference: Part 2, Division 2, Chapters 3-5, 8 and 14,
						Division 7, Water Code; and Divisions 1-2, Title 7, Government 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 7 - Map Requirements › Section 728 - Board May Conduct-CO-Operation by Parties. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 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 Section
					 728 to Section
					 755 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 7 - Map Requirements › Section 729 - Benefits and Detriments; Alternative Projects. [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. Renumbering and amendment of Section
					 729 to Section
					 756 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 8 - Special Situation Applications › Section 730 - Adding Power Plants to Existing Works

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Persons having a permit or license for the use of water may petition the board
				  to add power use to the permit or license as a beneficial use when the use of
				  water for power can be accomplished with no change in the streamflow regime.
See Section
					 799 concerning petition for change
					 to allow the addition of power plants to existing works.
(b) A new application must be filed when:
(1) Use of the water for power will change
				  the stream flow regime; or
(2) The
				  applicant does not have a permit, license or other legal right to the water to
				  be appropriated; or
(3) The
				  applicant has a permit or license, but additional water will be used above the
				  maximum amount of water allowed under the existing permit or
				  license.
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 8 - Special Situation Applications › Section 732 - Relationship of Applicant and User

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Filing for Service of a Subdivision. If the applicant is the owner of a
				  subdivision and intends merely to construct and operate the diversion system
				  pending the time that the purchasers of the lots can themselves take over and
				  manage the diversion system, the conditions under which title to the water
				  right shall pass to the purchasers must be clearly established.
(b) Establishment of Relationships. When the
				  applicant will not use the water to be appropriated, but will distribute or
				  supply it to others, the relationship between applicant and the water users
				  must be clearly established.
(c)
				  Jurisdiction of Public Utilities Commission. The board may require sufficient
				  information to indicate whether a proposed distribution of water will be
				  subject to the jurisdiction of the Public Utilities Commission.
1. Amendment
					 filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
					 5).
2. Amendment filed 12-15-72; effective thirtieth day thereafter
					 (Register 72, No. 51).
3. Renumbering and amendment of former
					 Section 732 to Section
					 763, and renumbering and amendment
					 of Sections
					 754,
					 755 and
					 756 to Sections
					 732 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
4. Editorial
					 correction amending subsection (a) (Register 2005, No. 17).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1253 and
						1375, 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 8 - Special Situation Applications › Section 733 - Underground Storage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applications proposing underground storage shall include
					 the following information upon a form that will be supplied by the
					 board:
(a) The location of each point
				  where it is proposed to divert or redivert water from a natural channel to
				  spreading grounds away from the stream, or to take water under control for
				  direct percolation into the stream channel. All locations shall be described in
				  the manner detailed in Section
				  715(c).
(b) A description of the physical works used
				  to divert and convey the water and to accomplish the underground storage,
				  including the headworks, conduits and spreading grounds; the capacities of the
				  conduits and spreading grounds; the underground reservoirs, including the
				  projected surface areas and capacities thereof; and the method and points of
				  measurement of the water diverted to and withdrawn from underground
				  storage.
(c) In event an
				  application proposes both surface diversion and underground storage, the
				  appropriate paragraph of the regular form shall be completed regarding surface
				  diversion and in addition the underground features shall be described in the
				  special form as provided in this section.
1. Amendment
					 of subsection (f) filed 5-11-73; effective thirtieth day thereafter (Register
					 73, No. 19). For prior history, see Register 71, No. 48.
2.
					 Amendment of subsection (a) filed 3-3-78; effective thirtieth day thereafter
					 (Register 78, No. 9).
3. Repealer of subsection (f) filed 7-6-79;
					 effective thirtieth day thereafter (Register 80, No. 3).
4. Renumber
					 of subsections (g), (h), (i), (j), and (k) to (f), (g), (h), (i), and (j) filed
					 1-16-80 as procedural and organizational, effective thirtieth day thereafter
					 (Register 80, No. 3). 5. Renumbering and amendment of former Section
					 733 to Section
					 761, and renumbering and amendment
					 of Section
					 688 to Section
					 733 filed 1--16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1252,
						1260 and
						1261, 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 8 - Special Situation Applications › Section 733.5 - Witnesses and Exhibits. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 7-6-79; effective thirtieth day thereafter (Register 79, No.
					 27).
2. Renumbering and amendment of Section
					 733.5 to Section
					 762 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						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 8 - Special Situation Applications › Section 734 - Applications Within the California Wild and Scenic Rivers System

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  application which proposes an appropriation of water in connection with
				  construction of a dam, reservoir, or other water impoundment facility on any
				  river designated in Public Resources Code Section
				  5093.54
				  will be accepted for filing.
(b) An
				  application which proposes an appropriation of water which could affect any
				  river designated in Public Resources Code Section
				  5093.54,
				  will be accepted for filing. The Secretary of the Resources Agency will be
				  provided special notice of any such application.
No permit shall be issued if the board finds that the
					 appropriation would impair the extraordinary scenic, recreational, fishery, or
					 wildlife values of any such designated river.
(c) An application which proposes an
				  appropriation of water in connection with construction of a water diversion
				  facility on any river designated in Public Resources Code Section
				  5093.54,
				  other than a dam, reservoir, or other water impoundment facility, will be
				  accepted for filing; provided, no permit shall be issued on any such
				  application unless the Secretary of the Resources Agency first determines (1)
				  that such facility is needed to supply domestic water to the residents of the
				  county or counties through which the river flows, and (2) that such facility
				  will not adversely affect its free-flowing condition or natural character. Such
				  determination shall be in addition to other findings which the board is
				  required by law to make.
1. New
					 Section filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
					 10). For history of former Section
					 734, see Registers 78, No. 9, 71
					 No. 43, and 60,No. 5.
2. Editorial correction of NOTE (Register
					 2002, No. 39).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						5093.55,
						5093.56
						and
						5093.61,
						Public Resources Code; and Section
						1252, 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 8 - Special Situation Applications › Section 735 - Napa River, Special

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Budding grape vines and certain other crops in the Napa Valley may be severely
				  damaged by spring frosts. During a frost, the high instantaneous demand for
				  water for frost protection by numerous vineyardists and other water users
				  frequently exceeds the supply in the Napa River stream system. This results in
				  uncoordinated diversions and possible infringements upon other rights.
				  Therefore, all diversions of water from the stream system between March 15 and
				  May 15 determined to be significant by the board or a court of competent
				  jurisdiction shall be considered unreasonably and a violation of Water Code
				  Section
				  100 unless
				  controlled by a watermaster administering a board or court approved
				  distribution program. Diversions for frost protection and irrigation during
				  this period shall be restricted to:
(1)
				  replenishment of reservoirs filled prior to March 15 under an appropriative
				  water right permit, or
(2)
				  diversions permitted by the court.
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 8 - Special Situation Applications › Section 736 - Petitions for Assignment or Release from Priority of Applications Filed Pursuant to Part 2, of Division 6, Sections 10500 et seq. Of the Water Code

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Petitions for assignment or release from priority of an application filed
				  pursuant to Section
				  10500 of the
				  Water Code need not be in any particular form.
(b) Petitions for assignment must be
				  submitted in duplicate and, if the application is not complete, must include a
				  proposed completed application which complies with the requirements set forth
				  in Articles 1 through 7 and Article 10 of this subchapter, to the extent each
				  is applicable.
(c) A petition for
				  assignment or release from priority will not be accepted for filing unless it
				  is accompanied by the filing fee required by chapter 5 (commencing with section
				  1061) of this division.
(d) If the proposed completed application
				  fails to conform with legal requirements, it will be returned to the petitioner
				  with a statement of the defects.
1. Amendment
					 filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
					 5).
2. Renumbering and amendment of former Section
					 736 to Section
					 765, and renumbering and amendment
					 of Section
					 800 to Section
					 736 filed 1--16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 78, No. 9.
3. Amendment of subsection (c) 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 and
						1530, Water
						Code. Reference: Sections
						1252,
						1260,
						1525,
						19594 and
						10504.1, 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 8 - Special Situation Applications › Section 736.1 - Hearings in Response to Drought Emergency Conditions. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 1-31-77 as an emergency; effective upon filing (Register 77, No.
					 6).
2. Certificate of Compliance filed 4-20-77 (Register 77, No.
					 17).
3. Renumbering and amendment of Section
					 736.1 to Section
					 767 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Section
						275 and 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 8 - Special Situation Applications › Section 737 - Time of Filing Petitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Two or more petitions for assignment or release from
					 priority of the same application will be considered on their merits without
					 regard to which was filed first.
1. Amendment
					 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
					 737 to Section
					 760, and renumbering and amendment
					 of former Section
					 801 to Section
					 737 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 65, No. 20.
4. Editorial correction amending section (Register 2005,
					 No. 17).
5. Change without regulatory effect amending section filed
					 4-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 14).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Section
						10504.01, 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 8 - Special Situation Applications › Section 737.1 - Reconsideration of Board Decisions and Orders. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of Section
					 737.1 to Section
					 768 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, N. 10). For prior history, see Register
					 75, No. 21.
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 8 - Special Situation Applications › Section 737.2 - Petition for Reconsideration. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of former Section
					 737.2 to Section
					 769 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 75, No. 21.
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 8 - Special Situation Applications › Section 737.4 - Board Action. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of Section
					 737.4 to Section
					 770 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 75, No. 21.
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 8 - Special Situation Applications › Section 737.5 - Procedure Relating to Hearings. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 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.
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 8 - Special Situation Applications › Section 738 - Protests to Petitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Protests to either a petition for assignment or release
					 from priority or to a proposed completed application must be submitted within
					 the time stated in the notice issued by the board or such further time as may
					 be allowed for cause by the board.
1. Amendment
					 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
					 738 to Section
					 791, and renumbering and amendment
					 of Section
					 802 to Section
					 738 filed 1--16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 65, No. 20.
Note: Additional authority cited: Section
						1058, Water
						Code. Reference: Section
						10504.01, 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 8 - Special Situation Applications › Section 738.5 - Nature of Action. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-19-64; effective thirtieth day thereafter (Register 64, No.
					 6).
2. Renumbering and amendment of former Section
					 738.5 to Section
					 792 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 8 - Special Situation Applications › Section 739 - Hearings of Petitions for Release from Priority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever practicable, the hearing of a petition for release
					 from priority will be combined with the hearing of the application in favor of
					 which the release is requested.
1. New
					 section filed 12-1-55; effective thirtieth day thereafter (Register 55, No.
					 17).
2. Renumbering from 738.5 and amendment filed 3-10-60;
					 effective thirtieth day thereafter (Register 60, No. 5).
3.
					 Amendment filed 3-19-64; effective thirtieth day thereafter (Register 64, No.
					 6).
4. Renumbering and amendment of former Section
					 739 to Section
					 793, and renumbering and amendment
					 of Section
					 803 to Section
					 739 filed 1--16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 65, No. 20.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1252,
						10504.01,
						10504.02 and
						10504.1, 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 8 - Special Situation Applications › Section 740 - Maps and Data Required. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 12-1-55; effective thirtieth day thereafter (Register 55, No.
					 17).
2. Renumbering from 739 and amendment filed 3-10-60; effective
					 thirtieth day thereafter (Register 60, No. 5).
3. Renumbering and
					 amendment of Section
					 740 to Section
					 714 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 8 - Special Situation Applications › Section 741 - Notice of Petition. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering from 740 and amendment filed 3-10-60; effective thirtieth day
					 thereafter (Register 60, No. 5). For history of former Section
					 741, see Register 60, No.
					 5.
2. Amendment filed 1-28-76; effective thirtieth day thereafter
					 (Register 76, No. 5).
3. Renumbering and amendment of Section
					 741 to Section
					 795 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 8 - Special Situation Applications › Section 742 - Procedure on Petitions. [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
					 742 to Section
					 796 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 8 - Special Situation Applications › Section 743 - Changes Prior to Notice of an Application. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
					 5).
2. Renumbering and amendment of Section
					 743 to Section
					 797 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 8 - Special Situation Applications › Section 744 - Changes to Cover Incidental Uses of a Reservoir. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-19-64; effective thirtieth day thereafter (Register 64, No.
					 6).
2. Amendment filed 12-7-67 as organizational and procedural;
					 effective upon filing (Register 67, No. 49).
3. Renumbering and
					 amendment of Section
					 744 to Section
					 798 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 9 - Protests and Answers › Section 745 - Protest Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Protests shall be submitted in writing with a duplicate
					 copy to the applicant and shall substantially comply with the following
					 requirements.
(a) Each protest shall
				  include the name and address of the protestant and show that the protestant has
				  read either the application or the related notice.
(b) If the protest is based on interference
				  with a prior right, there shall be an allegation of specific injury to
				  protestant which will result from the proposed appropriation. The protest shall
				  state the basis of protestant's claim of right to use water and when the use
				  began, the use which has been made in recent years, and present use. The
				  location of protestant's point of diversion shall be described with sufficient
				  accuracy so that the position thereof relative to the point of diversion
				  proposed by applicant may be determined.
(c) The allegation that the proposed
				  appropriation would not be within the board's jurisdiction, would not best
				  conserve the public interest or public trust uses, would have an adverse
				  environmental impact, or would be contrary to law shall be accompanied by a
				  statement of facts supporting the allegation.
(d) Protestant should call attention to any
				  amendment of the application or other grounds for settlement which, if agreed
				  upon, would result in withdrawal of the protest.
(e) The protest shall indicate the manner in
				  which service upon the applicant of a duplicate copy of the protest has been
				  made.
1.
					 Renumbering and amendment of Section
					 719 to Section
					 745 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 74, No. 19.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1330 and
						1331, Water
						Code; and National Audubon Society v. Superior Court of Alpine County, 33
						Cal.3d 419, 189 Cal.Rptr. 346, 658 P.2d 709 (1983).
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 9 - Protests and Answers › Section 746 - Claim of Right Without Compliance with Statutory Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A protest based upon a claim of interference with an
					 alleged appropriative or prescriptive right which has not been adjudicated and
					 which is based solely upon use of water commenced since December 19, 1914,
					 without compliance with statutory procedure, will not be accepted.
1.
					 Renumbering and amendment of Section
					 719.5 to Section
					 746 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see
					 Registers 60, No. 5 and 55, No. 17.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1330 and
						1331, Water
						Code; and People v. Shirokow, 26 Cal.3d 301, 162 Cal.Rptr. 30, 605 P.2d 859
						(1980).
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 9 - Protests and Answers › Section 747 - Time for Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Protests shall be filed within the time stated in the
					 notice of the application or such further time as may, for good cause, be
					 allowed by the board.
1. Amendment
					 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
					 747 to Section
					 775, and renumbering and amendment
					 of Section
					 720 to Section
					 747 filed 1--16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1331 and
						1331, 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 9 - Protests and Answers › Section 748 - Service of Supplements and Correspondence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A copy of any supplement to the protest or letter
					 concerning the protest shall be served upon the opposing party.
1. Amendment
					 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
					 748 to Section
					 776, and renumbering and amendment
					 of Section
					 721 to Section
					 748 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 76, No. 36.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1330,
						1331,
						1340,
						1341,
						1350 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 9 - Protests and Answers › Section 749 - Rejection of Protest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A protest will not be accepted if it fails substantially to
					 comply with the requirements of Section
					 745, fails to state a valid ground
					 of protest, or is based upon issues which are not within the jurisdiction of
					 the board; provided, however, that the board will allow reasonable opportunity
					 to correct a protest or to reach a settlement with the applicant. Since an
					 upstream water user can take water before it reaches a downstream applicant, a
					 protest based upon interference with a prior right of such upstream user
					 normally will not be accepted.
1. Amendment
					 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
					 749 to Section
					 777, and renumbering and amendment
					 of Section
					 722 to Section
					 749 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1304 and
						1331, 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 9 - Protests and Answers › Section 750 - Abandonment of Protest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Failure of a protestant to respond to correspondence from
					 the board concerning the protest may be interpreted as an abandonment of
					 interest therein. Should such failure occur, the board may, by certified mail,
					 direct the protestant to respond. Failure to respond to such direction within
					 30 days from the date upon which the letter is received shall be deemed an
					 abandonment of the protest and the protest shall be dismissed without further
					 notice.
1.
					 Renumbering and amendment of Section to Section
					 750 filed 1--16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 76, No. 36.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1304,
						1331,
						1331,
						1340,
						1341,
						1342,
						1351 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 9 - Protests and Answers › Section 751 - Answers to Protests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The applicant should file an answer to each protest. To
					 facilitate resolution of protests, answers shall be filed not later than 15
					 days following notification of acceptance of the protest, unless additional
					 time is allowed by the board. A copy of the answer shall be served on the
					 protestant. A statement that protestant has been served shall be filed with the
					 answer together with an indication of the manner of service.
1.
					 Renumbering and amendment of Section
					 724 to Section
					 752 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
						1252 and
						1330, 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 9 - Protests and Answers › Section 752 - Content of Answers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the applicant files an answer to a protest, the answer
					 shall be responsive to the allegations contained in the protest. It should
					 indicate the line of defense which will be presented and any possibilities for
					 settlement of the protest which the applicant may suggest.
1.
					 Renumbering and amendment of Section
					 724 to Section
					 752 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
						1252 and
						1330, 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 9 - Protests and Answers › Section 753 - Extension of Time for Negotiation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A request for extension of time within which to file a
					 protest or answer thereto in order to enable negotiation of conflicting claims
					 shall be accompanied by a showing of diligent good faith efforts to reach an
					 agreement between the parties with reasonable prospects of success.
1.
					 Renumbering and amendment of Section
					 720 to Section
					 753 filed 1--16-87; effective
					 thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
					 60, No. 5.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						1220 and
						1331, 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 9 - Protests and Answers › Section 754 - Establishment of Relationship. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 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 Section
					 754 to Section
					 762 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 10 - Investigations › Section 755 - Board May Conduct-Cooperation by Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board may, in its discretion, conduct a field
					 investigation of the water and other resources affected by an application. The
					 parties may be requested to confer and cooperate with the engineer and other
					 representatives of the board designated to carry our such
					 investigations.
1.
					 Renumbering of former Section
					 760 to Section
					 755 and amendment 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
					 755 to Section
					 732, and renumbering and amendment
					 of Section
					 728 to Section
					 755 filed 1-16-87; effective
					 thirtieth day thereafter (Register 87, No. 10).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						183,
						1051,
						1250, and
						1251, Water
						Code; and Sections
						21082,
						21082.2
						and
						21100,
						Public Resources Code.