onecle - legal research

State Law

Federal Law

California Water Code

Legal Research Home > California Lawyer > Water Code > California Water Code

  • California Water Code Section 1
    This act shall be known as the Water Code.
  • California Water Code Section 2
    The provisions of this code, in so far as they are substantially the same as existing statutory provisions relating to the same subject matter, shall...
  • California Water Code Section 3
    All persons who, at the time this code takes effect, hold office under any of the acts repealed by this code, which offices are continued...
  • California Water Code Section 4
    No action or proceeding commenced before this code takes effect, and no right accrued, is affected by this code, but all procedure thereafter taken therein...
  • California Water Code Section 5
    Unless the provision or the context otherwise requires, these definitions, rules of construction, and general provisions shall govern the construction of this code.
  • California Water Code Section 6
    Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.
  • California Water Code Section 7
    Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be...
  • California Water Code Section 8
    Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, petition, or record is required or...
  • California Water Code Section 9
    Whenever reference is made to any portion of this code or of any other law of this State, the reference applies to all amendments and...
  • California Water Code Section 10
    "Section" means a section of this code unless some other statute is specifically mentioned. "Subdivision" means a subdivision of the section in which that term...
  • California Water Code Section 11
    The present tense includes the past and future tenses, and the future, the present.
  • California Water Code Section 12
    The masculine gender includes the feminine and the neuter.
  • California Water Code Section 13
    The singular number includes the plural, and the plural, the singular.
  • California Water Code Section 14
    "County" includes city and county.
  • California Water Code Section 15
    "Shall" is mandatory and "may" is permissive.
  • California Water Code Section 16
    "Oath" includes affirmation.
  • California Water Code Section 17
    "Signature" or "subscription" includes mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a...
  • California Water Code Section 18
    "State" means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of...
  • California Water Code Section 19
    "Person" means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company.
  • California Water Code Section 20
    "United States" means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to...
  • California Water Code Section 21
    If any provision of this code, or the application thereof to any person or circumstance, is held invalid, the remainder of the code, or the...
  • California Water Code Section 22
    "Department," unless otherwise specified, means the Department of Water Resources.
  • California Water Code Section 23
    "Director," unless otherwise specified, means the Director of Water Resources.
  • California Water Code Section 24
    The standard miner's inch of water is equivalent to one and one-half cubic feet of water per minute, measured through any aperture or orifice.
  • California Water Code Section 25
    "Board," unless otherwise specified, means the State Water Resources Control Board.
  • California Water Code Section 26
    For the purposes of this code, "recycled water" or "reclaimed water" has the same meaning as recycled water as defined in subdivision (n) of Section
  • California Water Code Section 100
    It is hereby declared that because of the conditions prevailing in this State the general welfare requires that the water resources of the State be...
  • California Water Code Section 100.5
    It is hereby declared to be the established policy of this state that conformity of a use, method of use, or method of diversion of...
  • California Water Code Section 101
    Riparian rights in a stream or watercourse attach to, but to no more than so much of the flow thereof as may be required or...
  • California Water Code Section 102
    All water within the State is the property of the people of the State, but the right to the use of water may be acquired...
  • California Water Code Section 103
    In the enactment of this code the Legislature does not intend thereby to effect any change in the law relating to water rights.
  • California Water Code Section 104
    It is hereby declared that the people of the State have a paramount interest in the use of all the water of the State and...
  • California Water Code Section 105
    It is hereby declared that the protection of the public interest in the development of the water resources of the State is of vital concern...
  • California Water Code Section 106
    It is hereby declared to be the established policy of this State that the use of water for domestic purposes is the highest use of...
  • California Water Code Section 106.5
    It is hereby declared to be the established policy of this State that the right of a municipality to acquire and hold rights to the...
  • California Water Code Section 106.7
    (a) It is hereby declared to be the established policy of this state to support and encourage the development of environmentally compatible small hydroelectric projects...
  • California Water Code Section 107
    The declaration of the policy of the State in this chapter is not exclusive, and all other or further declarations of policy in this code...
  • California Water Code Section 108
    It is hereby declared to be the established policy of this State that in the development and completion of any general or co-ordinated plan prepared...
  • California Water Code Section 109
    (a) The Legislature hereby finds and declares that the growing water needs of the state require the use of water in an efficient manner and...
  • California Water Code Section 112
    (a) The efficiency of a reverse osmosis water treatment device means the percentage of water which passes through the water treatment device that is available...
  • California Water Code Section 120
    There is in the Resources Agency the Department of Water Resources, which is under the control of an executive officer known as the Director of...
  • California Water Code Section 122
    The director, in addition to being subject to removal from office by the Governor, may be removed from office by the Legislature, by concurrent resolution...
  • California Water Code Section 123
    Except as provided in Section 179, the department succeeds to and is vested with all of the powers, duties, purposes, responsibilities, and jurisdiction in matters...
  • California Water Code Section 124
    Except to the extent inconsistent with the provisions of this code, the provisions of Chapter 2 (commencing at Section 11150), Part 1, Division 3, Title...
  • California Water Code Section 125
    For the purpose of administration, the director shall organize the department with the approval of the Governor in the manner he deems necessary to segregate...
  • California Water Code Section 126
    There shall be one Deputy Director of Water Resources who shall be a civil executive officer and shall be appointed by the Governor and serve...
  • California Water Code Section 127
    The department may employ legal counsel who shall advise the director, represent the department in connection with legal matters before other boards and agencies of...
  • California Water Code Section 128
    (a) In times of extraordinary stress and of disaster, resulting from storms and floods, or where damage to watershed lands by forest fires has created...
  • California Water Code Section 130
    The department may prepare, publish, and issue such printed pamphlets and bulletins as the director deems necessary for the dissemination of information to the public...
  • California Water Code Section 131
    The department may employ such assistance as may be necessary for the proper discharge of its duties, and may purchase or rent any necessary supplies,...
  • California Water Code Section 132
    Where work to be performed, which would otherwise be subject to the State Contract Act, does not lend itself to the preparation of plans and...
  • California Water Code Section 133
    The department may cooperate and contract with any agency of the State or of the United States in order to carry out its powers and
  • California Water Code Section 134
    The department may expend money appropriated for the administration of the laws the enforcement of which is committed to the department. The department may expend...
  • California Water Code Section 135
    The Water Resources Revolving Fund in the State Treasury is continued in existence. With the approval of the Department of Finance, there shall be transferred...
  • California Water Code Section 135.1
    All sums in the Water Resources Revolving Fund in the State Treasury, maintained pursuant to Section 135, in a sum not to exceed seven hundred...
  • California Water Code Section 136
    The Department of Water Resources shall file against the Water Resources Revolving Fund all claims covering expenditures incurred in connection with services, new construction, major...
  • California Water Code Section 137
    The Department of Water Resources shall keep a record of all expenditures chargeable against each specific portion of the revolving fund, and any unused balance...
  • California Water Code Section 138
    The director may authorize the refund of moneys received or collected by the department in payment of fees, licenses, permits, tolls, or for rentals, property...
  • California Water Code Section 138.9
    (a) Subject to subdivisions (b) and (c), commencing on January 1, 2003, and annually thereafter, the department shall prepare and submit to the Legislature a...
  • California Water Code Section 138.10
    (a) On or before January 1, 2006, the director, in collaboration with the Secretary of Interior or his or her designee, shall prepare a plan...
  • California Water Code Section 138.12
    (a) Except as otherwise provided in a general obligation bond act, the maximum amount that may be allocated for administrative expenses shall not exceed 5...
  • California Water Code Section 139.2
    The department shall evaluate the potential impacts on water supplies derived from the Sacramento-San Joaquin Delta based on 50-, 100-, and 200-year projections for each...
  • California Water Code Section 139.4
    (a) The department and the Department of Fish and Game shall determine the principal options for the delta. (b) The department shall evaluate and comparatively...
  • California Water Code Section 141
    (a) The department may establish a program to authorize private entities to lease space above or adjacent to appropriate conveyance facilities of the State Water...
  • California Water Code Section 141.5
    The department shall proceed with the construction of the South Delta Improvements Program, but shall not commence the operational phase of the program until the...
  • California Water Code Section 142
    (a) In order to reduce greenhouse gas emissions associated with water and energy usage, on and after January 1, 2008, the department shall do all...
  • California Water Code Section 150
    There is in the Department of Water Resources the California Water Commission.
  • California Water Code Section 151
    The California Water Commission consists of nine members who are appointed by the Governor subject to the confirmation of the Senate, as provided in this
  • California Water Code Section 152
    Seven members of the California Water Commission appointed by the Governor shall be selected and approved for appointment on the basis of their general educational...
  • California Water Code Section 153
    The terms of the members of the California Water Commission in office when this article takes effect shall expire as follows: one member on January...
  • California Water Code Section 154
    Appointments shall be for terms of four years. Vacancies shall be immediately filled by the Governor for the unexpired portion of the terms in which...
  • California Water Code Section 155
    The appointments made by the Governor to membership on the California Water Commission shall be subject to confirmation by the Senate at the next regular...
  • California Water Code Section 156
    The members of the California Water Commission may be removed from office by the Legislature, by concurrent resolution adopted by a majority vote of all...
  • California Water Code Section 157
    Each member of the California Water Commission shall receive one hundred dollars ($100) for each day during which the member is engaged in the performance...
  • California Water Code Section 158
    The California Water Commission shall maintain its headquarters at Sacramento and shall hold meetings at such times and at such places as shall be determined...
  • California Water Code Section 159
    Special meetings may be called at any time by the chairman or by the executive officer at the request of any four members, upon notice...
  • California Water Code Section 160
    The members of the California Water Commission shall select one of the members to serve as chairman, who shall hold office as chairman at the...
  • California Water Code Section 161
    The California Water Commission shall confer with, advise, and make recommendations to the director with respect to any matters and subjects under his jurisdiction. The...
  • California Water Code Section 161.5
    The California Water Commission shall have the power to name all facilities of the State Water Resources Development System owned by the state. The commission...
  • California Water Code Section 162
    It is the intention of the Legislature that in the making of all major departmental determinations, policies and procedures, such as departmental recommendations to the...
  • California Water Code Section 163
    The commission may employ an executive officer, exempt from civil service, under subdivision (e) of Section 4 of Article XXIV of the Constitution, and a...
  • California Water Code Section 163.5
    The department shall furnish to the California Water Commission, at its request, such assistance, including technical, legal, and clerical services, as is required to the...
  • California Water Code Section 164
    The commission may hold any hearings and conduct any investigations in any part of the state necessary to carry out the powers vested in it,...
  • California Water Code Section 165
    The California Water Commission shall conduct an annual review of the progress of construction and operation of the State Water Resources Development System, and shall...
  • California Water Code Section 166
    The California Water Commission shall hold public hearings on all additional facilities proposed to be added to the State Water Resources Development System by the...
  • California Water Code Section 174
    The Legislature hereby finds and declares that in order to provide for the orderly and efficient administration of the water resources of the state it...
  • California Water Code Section 175
    There is in the Resources Agency the State Water Resources Control Board consisting of five members appointed by the Governor. One of the members appointed...
  • California Water Code Section 175.5
    (a) No member of the board shall participate in any board action pursuant to Article 2 (commencing with Section 13320) of Chapter 5 of Division...
  • California Water Code Section 176
    The annual salary of the members of the board is provided for by Chapter 6 (commencing at Section 11550) of Part 1 of Division 3...
  • California Water Code Section 177
    All members of the board shall be appointed for terms of four years. Vacancies shall be immediately filled by the Governor for the unexpired portion...
  • California Water Code Section 178
    The members of the board may be removed from office by the Legislature, by concurrent resolution adopted by a majority vote of all members elected...
  • California Water Code Section 179
    The board succeeds to and is vested with all of the powers, duties, purposes, responsibilities, and jurisdiction vested in the Department and Director of Public...
  • California Water Code Section 179.6
    The board, or representatives authorized by the board to do so, may call, conduct or attend conferences or hearings, official or unofficial, within or without...
  • California Water Code Section 179.7
    As to any matter involving the United States, its departments or agencies, which is within the scope of the power and duties of the board,...
  • California Water Code Section 181
    The board shall maintain its headquarters at Sacramento and may establish branch offices in such parts of the state as the board deems necessary. The...
  • California Water Code Section 182
    The Governor shall designate the chairman of the board from the membership of the board. The person so designated shall hold the office of chairman...
  • California Water Code Section 183
    The board may hold any hearings and conduct any investigations in any part of the state necessary to carry out the powers vested in it,...
  • California Water Code Section 184
    The Department of Water Resources shall have an interest and may appear as a party in any hearing held by the board and may commence...
  • California Water Code Section 185
    The board shall adopt rules for the conduct of its affairs in conformity, as nearly as practicable, with the provisions of Chapter 3.5 (commencing with...
  • California Water Code Section 186
    (a) The board shall have any powers, and may employ any legal counsel and other personnel and assistance, that may be necessary or convenient for...
  • California Water Code Section 187
    The board, regional water quality control boards, the Department of Water Resources, and other state agencies shall, to the fullest extent possible, exchange records, reports,...
  • California Water Code Section 188
    The board may expend money appropriated for the administration of the laws the administration of which is committed to the board. Such expenditures by the...
  • California Water Code Section 188.5
    The board shall publish biennial progress reports relating to the activities of the board and California regional water quality control boards.
  • California Water Code Section 190
    Whenever the State of California is specifically invited by federal law to participate in any interstate commission to plan for the regional development of water...
  • California Water Code Section 205
    The department may join associations of representatives of other States which have been established for not less than 10 years and which have for their...
  • California Water Code Section 225
    The department may carry on topographic surveys and investigations into matters pertaining to the water resources of the State along the lines of hydrography, hydroeconomics,...
  • California Water Code Section 226
    The department, either independently or in co-operation with any person or any county, state, federal, or other agency, may do any of the following: (a)...
  • California Water Code Section 227
    The department may investigate any natural situation available for reservoirs or reservoir systems for gathering and distributing flood or other water not under beneficial use...
  • California Water Code Section 228
    The department shall gather and correlate information and data pertinent to an annual forecast of seasonal water crop, including the making of snow surveys, either...
  • California Water Code Section 229
    The department, either independently or in cooperation with any person or any county, state, federal, or other agency, to the extent that funds are allocated...
  • California Water Code Section 230
    The department, either independently or in cooperation with any person or any county, state, federal, or other agency, or upon the request of the State...
  • California Water Code Section 231
    The department, either independently or in cooperation with any person or any county, state, federal or other agency, shall investigate and survey conditions of damage...
  • California Water Code Section 233
    No plans or proposal for authorization of a project for construction or operation by the State shall be submitted to the Legislature by the Department...
  • California Water Code Section 234
    The department, either independently or in co-operation with or through any person or any county, state, federal or other agency, is authorized to investigate, excavate,...
  • California Water Code Section 235
    The department, either independently or in co-operation with any person or any county, state, federal, or other agency, to the extent that funds are allocated...
  • California Water Code Section 236
    The department, either independently or in cooperation with any person or any county, state, federal, or other agency, is authorized to collect hydrologic data necessary...
  • California Water Code Section 238
    (a) The department shall conduct studies of the Sacramento River and the Feather River and their tributaries north of Sacramento, including watershed hydrologic inventories and...
  • California Water Code Section 250
    In the name of the people of the State of California, the department may acquire by eminent domain any property necessary for state water and...
  • California Water Code Section 252
    Subject to Sections 1240.670 and 1240.680 of the Code of Civil Procedure, the real property which the department may acquire by eminent domain, or otherwise,...
  • California Water Code Section 253
    The department may acquire, either in fee or in any lesser estate or interest, any real property which it considers necessary for state water and...
  • California Water Code Section 257
    The director may execute all deeds or conveyances necessary to convey any real property or interest therein to be sold or exchanged under the provisions...
  • California Water Code Section 258
    The authority conferred by this code to acquire real property for state dam and water purposes includes authority to acquire for future needs. The department...
  • California Water Code Section 259
    When the department condemns the property of any common carrier railroad, other public utility, or state agency, or the appurtenances thereof, it shall be governed...
  • California Water Code Section 260
    In any lease, easement, or right of entry agreement entered into whereby the department leases real property or obtains a grant of easement, right-of-way, or...
  • California Water Code Section 265
    Notwithstanding any provisions of the State Contract Act, the department may award and enter into construction contracts which require expenditures in excess of funds presently...
  • California Water Code Section 275
    The department and board shall take all appropriate proceedings or actions before executive, legislative, or judicial agencies to prevent waste, unreasonable use, unreasonable method of...
  • California Water Code Section 300
    For the purposes of this article, an artesian well is any artifical hole made in the ground through which water naturally flows from subterranean sources...
  • California Water Code Section 301
    For the purposes of this article, waste is the causing, suffering, or permitting any water flowing from an artesian well, to run either: (a) Into...
  • California Water Code Section 302
    The use of any water flowing from an artesian well for the irrigation of land, whenever over 5 per cent of the water received on...
  • California Water Code Section 303
    Nothing in this article prevents the running of artesian water into an artificial pond or storage-reservoir, if the water is used thereafter for a beneficial
  • California Water Code Section 304
    A beneficial use under the next preceding section shall not exceed one tenth of one miner's inch of water per acre, perpetual flow, but the...
  • California Water Code Section 305
    Any artesian well which is not capped or equipped with a mechanical appliance which will readily and effectively arrest and prevent the flow of any...
  • California Water Code Section 306
    The owner, tenant, or occupant of the land upon which a well which is a public nuisance under the next preceding section is situated, who...
  • California Water Code Section 307
    Any person owning, possessing, or occupying any land upon which is situated an artesian well, who causes, suffers, or permits water unnecessarily to flow from...
  • California Water Code Section 308
    Each day's continuance of waste constitutes a new offense.
  • California Water Code Section 309
    Any person who violates any of the provisions of this article is punishable for each offense by a fine of not less than fifty dollars...
  • California Water Code Section 310
    All prosecutions for the violation of any of the provisions of this article shall be instituted in the superior court of the county where the...
  • California Water Code Section 311
    Any fine imposed under the provisions of this article may be collected as in other criminal cases, and the justice may also issue an execution...
  • California Water Code Section 340
    Any funds appropriated for Yuba River debris control shall be used for construction, renewal, and repair of works for restraining, impounding and control of debris...
  • California Water Code Section 341
    Funds withdrawn from such appropriation must be matched by an expenditure of like amount by the Federal Government for the same work.
  • California Water Code Section 342
    All work paid for from such appropriation shall be executed by or under the direction of the California Debris Commission, according to plans approved by...
  • California Water Code Section 345
    The Department of Water Resources shall (a) plan recreation development associated with state-constructed water projects in consultation with local public agencies and affected state and...
  • California Water Code Section 346
    Notwithstanding the provisions of Section 345, the department, with the approval of the Department of General Services, may acquire by eminent domain or otherwise, either...
  • California Water Code Section 350
    The governing body of a distributor of a public water supply, whether publicly or privately owned and including a mutual water company, may declare a...
  • California Water Code Section 351
    Excepting in event of a breakage or failure of a dam, pump, pipe line or conduit causing an immediate emergency, the declaration shall be made...
  • California Water Code Section 352
    Notice of the time and place of hearing shall be published pursuant to Section 6061 of the Government Code at least seven days prior to...
  • California Water Code Section 353
    When the governing body has so determined and declared the existence of an emergency condition of water shortage within its service area, it shall thereupon...
  • California Water Code Section 354
    After allocating and setting aside the amount of water which in the opinion of the governing body will be necessary to supply water needed for...
  • California Water Code Section 355
    The regulations and restrictions shall thereafter be and remain in full force and effect during the period of the emergency and until the supply of...
  • California Water Code Section 356
    The regulations and restrictions may include the right to deny applications for new or additional service connections, and provision for their enforcement by discontinuing service...
  • California Water Code Section 357
    If the regulations and restrictions on delivery and consumption of water adopted pursuant to this chapter conflict with any law establishing the rights of individual...
  • California Water Code Section 358
    Nothing in this chapter shall be construed to prohibit or prevent review by any court of competent jurisdiction of any finding or determination by a...
  • California Water Code Section 359
    (a) Notwithstanding any other provision of law that requires an election for the purpose of authorizing a contract with the United States, or for incurring...
  • California Water Code Section 375
    (a) Notwithstanding any other provision of the law, any public entity which supplies water at retail or wholesale for the benefit of persons within the...
  • California Water Code Section 375.5
    (a) A public entity, as defined by Section 375, may undertake water conservation and public education programs in conjunction with school districts, public libraries, or...
  • California Water Code Section 376
    Any ordinance or resolution adopted pursuant to Section 375 is effective upon adoption. Within 10 days after its adoption, the ordinance or resolution shall be...
  • California Water Code Section 377
    From and after the publication or posting of any ordinance or resolution pursuant to Section 376, violation of a requirement of a water conservation program...
  • California Water Code Section 378
    A public entity may enter into agreements with other public entities, businesses, community associations, or private entities to provide water conservation services and measures and...
  • California Water Code Section 380
    The Legislature hereby finds and declares as follows: (a) The various regions of the state differ widely in the availability of water supplies and in...
  • California Water Code Section 381
    The authority of local or regional public agencies pursuant to this chapter shall control over any other provision of law which contains more stringent limitations...
  • California Water Code Section 382
    (a) Notwithstanding any other provision of law, every local or regional public agency authorized by law to serve water to the persons or entities within...
  • California Water Code Section 383
    For the purposes of this chapter, water that is surplus to the needs of the agency's water users shall mean any of the following: (a)...
  • California Water Code Section 384
    Prior to serving water to any person for use outside the agency, the agency shall comply with all provisions of the general laws of this...
  • California Water Code Section 385
    No water may be transferred pursuant to this chapter for use within the boundaries of a local or regional public agency that furnishes the same...
  • California Water Code Section 386
    The board may approve any change associated with a transfer pursuant to this chapter only if it finds that the change may be made without...
  • California Water Code Section 387
    Any agreement for the transfer of water under the provisions of this chapter shall be for a period not to exceed seven years unless a...
  • California Water Code Section 389
    (a) Notwithstanding any other provision of law, the term water standby charge and the term water availability charge have the same meaning. (b) Subdivision (a)...
  • California Water Code Section 400
    This chapter shall be known and may be cited as the California Weather Resources Management Act of 1984.
  • California Water Code Section 401
    It is hereby declared that atmospheric water within the state which is caused to fall by weather resources management activities shall, for the purpose of...
  • California Water Code Section 402
    As used in this chapter: (a) "Weather resources management" means attempting to produce by physical means any of the following: cloud water conversion, light adjustment,...
  • California Water Code Section 410
    Before commencing a weather resources management project, the project operator shall file with the department and cause to be published a notice of intention.
  • California Water Code Section 411
    The project operator shall cause the notice of intention to be published pursuant to Section 6063 of the Government Code in a newspaper having a...
  • California Water Code Section 412
    Proof of publication shall be by copy of the notice as published attached to and made a part of the affidavit of the publisher or...
  • California Water Code Section 420
    The weather resources management project operator shall keep a record of all operations conducted, showing the equipment, the methods, the types, amounts, times, and places...
  • California Water Code Section 450
    The Governor, or such state official or agency as he may designate, shall receive both the preliminary documents developed by, or the formal reports of,...
  • California Water Code Section 451
    Within 10 days after the receipt of any such preliminary document or formal report, the Governor or his designee shall transmit copies thereof to both...
  • California Water Code Section 452
    Any legislative committee to which such a preliminary document or formal report has been assigned may submit written comments thereon to the Governor or his
  • California Water Code Section 453
    The Governor or his designee shall transmit, within the time period specified in the applicable federal law, to the appropriate federal agency, together with his...
  • California Water Code Section 460
    This chapter shall be known as and may be cited as the Water Reuse Law of 1974.
  • California Water Code Section 461
    It is hereby declared that the primary interest of the people of the state in the conservation of all available water resources requires the maximum...
  • California Water Code Section 462
    The department shall conduct studies and investigations on the availability and quality of wastewater and the uses of reclaimed water for beneficial purposes, including, but...
  • California Water Code Section 463
    The department shall study and investigate the technology of the reuse of reclaimed water and further the development of the technology of the reclamation of
  • California Water Code Section 465
    The department may assist local agencies and public utilities providing water service in applying for, and in obtaining approval of, federal and state funding and...
  • California Water Code Section 470
    This chapter shall be known as and may be cited as the Costa-Isenberg Water Transfer Act of 1986.
  • California Water Code Section 475
    The Legislature hereby finds and declares that voluntary water transfers between water users can result in a more efficient use of water, benefiting both the...
  • California Water Code Section 480
    The department shall establish an ongoing program to facilitate the voluntary exchange or transfer of water and implement the various state laws that pertain to...
  • California Water Code Section 481
    The department shall create and maintain a list of entities seeking to enter into water supply transfers, leases, exchanges, or other similar arrangements. In addition,...
  • California Water Code Section 482
    The department shall prepare a water transfer guide which shall include, but not be limited to, all of the following: (a) A review of existing...
  • California Water Code Section 483
    The department shall consult and coordinate its activities with other state boards, departments, agencies, or offices whose assistance may be desirable or necessary in carrying...
  • California Water Code Section 484
    (a) The temporary transfer of any water or water right that otherwise would have been consumptively used or stored by the transferor in the absence...
  • California Water Code Section 500
    This chapter shall be known and may be cited as the Water Measurement Law.
  • California Water Code Section 510
    Unless the context otherwise requires, the provisions of this article govern the construction of this chapter.
  • California Water Code Section 511
    The definition of a word applies to any of its variants.
  • California Water Code Section 512
    "Water purveyor" means any person who furnishes water service to another person.
  • California Water Code Section 513
    "Person" means any individual, firm, association, partnership, corporation, or public entity of any kind.
  • California Water Code Section 514
    "Public entity" includes a city, county, city and county, whether general law or chartered, a district, board, commission, bureau, authority, agency, department, division, section, any...
  • California Water Code Section 515
    "Water service" means the sale, lease, rental, furnishing, or delivery of water for beneficial use, and includes, but is not limited to, contracting for that...
  • California Water Code Section 516
    "Water meter" includes any suitable water measuring device or facility which measures or determines the volumetric flow of water.
  • California Water Code Section 520
    The Legislature hereby finds and declares that, pursuant to the primary interest of the people of the state to put the limited available supplies of...
  • California Water Code Section 521
    The Legislature further finds and declares all of the following: (a) Water furnished or used without any method of determination of the quantities of water...
  • California Water Code Section 522
    The Legislature further finds and declares that waste or unreasonable use of water imposes unnecessary and wasteful consumption of energy to deliver or furnish the...
  • California Water Code Section 523
    The Legislature hereby finds and declares that the California goal for measurement of water use is the achievement by January 1, 1992, of the installation...
  • California Water Code Section 525
    (a) Notwithstanding any other provision of law, every water purveyor who sells, leases, rents, furnishes, or delivers water service to any person shall require, as...
  • California Water Code Section 526
    (a) Notwithstanding any other provision of law, an urban water supplier that, on or after January 1, 2004, receives water from the federal Central Valley...
  • California Water Code Section 527
    (a) An urban water supplier that is not subject to Section 526 shall do both of the following: (1) Install water meters on all municipal...
  • California Water Code Section 528
    Notwithstanding Sections 526 and 527, any water purveyor that becomes an urban water supplier on or after January 1, 2005, shall do both the following:...
  • California Water Code Section 529
    (a) This article addresses a subject matter of statewide concern. (b) Subject to subdivision (c), this article supersedes and preempts all enactments, including charter provisions...
  • California Water Code Section 529.5
    On and after January 1, 2010, any urban water supplier that applies for financial assistance from the state for a wastewater treatment project, a water...
  • California Water Code Section 529.7
    This article does not limit the authority of a water purveyor, including, but not limited to, an urban water supplier that promotes conservation through volumetric...
  • California Water Code Section 530
    Domestic cold water meters shall be in compliance with relevant standards of the American Water Works Association and shall be of the type approved by...
  • California Water Code Section 531
    Unless the context otherwise requires, the definitions set forth in this section govern the construction of this article. (a) "Aggregated farm-gate delivery data" means information...
  • California Water Code Section 531.2
    The department, the board, and the State Department of Public Health shall coordinate the collection, management, and use of agricultural and urban water measurement information...
  • California Water Code Section 531.5
    (a) The board, in collaboration with the department, the authority or its successor agency, and the State Department of Public Health, shall prepare and submit...
  • California Water Code Section 531.10
    (a) An agricultural water supplier shall submit an annual report to the department that summarizes aggregated farm-gate delivery data, on a monthly or bimonthly basis,...
  • California Water Code Section 531.15
    Notwithstanding any other provision of the law, state agencies shall carry out the duties described in this article only to the extent that funds are...
  • California Water Code Section 531.20
    To the extent that the provisions of this article conflict with the requirements of Chapter 4800 of the State Administrative Manual, the requirements of that...
  • California Water Code Section 535
    (a) A water purveyor shall require as a condition of new retail water service on and after January 1, 2008, the installation of separate water...
  • California Water Code Section 540
    Notwithstanding any other provision of law, a water district, as defined in Section 20200, may serve as an aggregator to facilitate direct transactions within the...
  • California Water Code Section 1000
    As used in this division, "water" includes the term "use of water."
  • California Water Code Section 1001
    Nothing in this division shall be construed as giving or confirming any right, title, or interest to or in the corpus of any water.
  • California Water Code Section 1002
    This division shall not be held to bestow upon any person, except as expressly provided in it, any right where no such right existed prior...
  • California Water Code Section 1003
    As used in this division, "Water Commission Act" means Chapter 586, Statutes of 1913, as amended.
  • California Water Code Section 1004
    As used in this division, "useful or beneficial purposes" shall not be construed to mean the use in any one year of more than 21/2...
  • California Water Code Section 1005
    Nothing in this division shall be construed as depriving any city, city and county, municipal water district, irrigation district, or lighting district of the benefit...
  • California Water Code Section 1005.1
    Cessation of or reduction in the extraction of ground water by the owner of a right to extract, as the result of the use of...
  • California Water Code Section 1005.2
    Cessation of or reduction in the extraction of ground water, to permit the replenishment of such ground water by the use of water from an...
  • California Water Code Section 1005.3
    During the pendency of an action to adjudicate substantially all water rights in a ground water basin situated in whole or in part within the...
  • California Water Code Section 1005.4
    (a) Cessation of or reduction in the extraction of ground water, to permit the replenishment of such ground water by the use of water from...
  • California Water Code Section 1006
    Nothing in this division affects or limits in any manner whatsoever the right or power of any municipality which, prior to December 19, 1914, had...
  • California Water Code Section 1007
    Nothing in this division shall be construed to deprive the State or any city, city and county, municipal water district, irrigation district, lighting district, political...
  • California Water Code Section 1008
    Nothing in this division shall be construed as depriving any person of the right of appeal conferred under the laws of this State.
  • California Water Code Section 1009
    Any supplier of water in this state for municipal use, including the state, or any city, county, city and county, district, individual, partnership, corporation, or...
  • California Water Code Section 1009.5
    (a) A water district and the district attorney of any county in which the water district is located may enter into an agreement authorizing the...
  • California Water Code Section 1010
    (a) (1) The cessation of, or reduction in, the use of water under any existing right regardless of the basis of right, as the result...
  • California Water Code Section 1011
    (a) When any person entitled to the use of water under an appropriative right fails to use all or any part of the water because...
  • California Water Code Section 1011.5
    (a) The Legislature hereby finds and declares that the growing water needs of the state require the use of water in an efficient manner and...
  • California Water Code Section 1012
    Notwithstanding any other provision of law, where any person, public agency, or agency of the United States undertakes any water conservation effort, either separately or...
  • California Water Code Section 1013
    (a) The Imperial Irrigation District, acting under a contract with the United States for diversion and use of Colorado River water or pursuant to the...
  • California Water Code Section 1014
    The transfer of water, or the offer of water for transfer, shall not cause, or be the basis for, a forfeiture, abandonment, or modification of...
  • California Water Code Section 1015
    During the term of a temporary change, as defined in Section 1728, if an enforcement action or other proceeding is commenced that alleges that the...
  • California Water Code Section 1016
    (a) At the conclusion of the term of a water transfer agreement, all rights in, and the use of, the water subject to the agreement...
  • California Water Code Section 1017
    The beneficial use of water pursuant to a transfer or exchange authorized pursuant to Chapter 6.6 (commencing with Section 1435) of, Chapter 10 (commencing with...
  • California Water Code Section 1020
    Water may be leased for a period not to exceed five years to assist water conservation efforts pursuant to the terms and conditions of this...
  • California Water Code Section 1021
    (a) The water subject to a water lease agreement shall be water that is subject to a water right of the lessor. The amount of...
  • California Water Code Section 1022
    If the water subject to the lease is held by a water district, a water company, or a mutual water company, hereafter collectively referred to...
  • California Water Code Section 1024
    (a) Nothing in this chapter authorizes the sale of any water right or the modification of any water right or contract. (b) No right in...
  • California Water Code Section 1024.5
    This chapter does not limit any review of the lessee's use of the leased water.
  • California Water Code Section 1025
    If the lessor or lessee is a water district, the water lessor shall file a notice with the state board of the water lease agreement...
  • California Water Code Section 1025.5
    (a) If both the lessor and lessee are private parties, the lessor shall file an application with the board for approval of the lease agreement...
  • California Water Code Section 1025.7
    Water leases pursuant to this chapter are not subject to Chapter 10 (commencing with Section 1700) or Chapter 10.5 (commencing with Section 1725) of Part
  • California Water Code Section 1026
    The lead agency shall not approve a water lease until 30 days after the state board provides written public notice, including notice by personal delivery...
  • California Water Code Section 1027
    (a) Any water lease agreement entered into pursuant to this chapter involving the transfer of water from the Sacramento-San Joaquin Delta shall provide outflow consistent...
  • California Water Code Section 1028
    In any proceeding pursuant to Section 1029, the court shall determine issues relating to the lease and the effects of the water transfer pursuant to...
  • California Water Code Section 1029
    Division 13 (commencing with Section 21000) of the Public Resources Code applies to water lease agreements authorized by this chapter. For purposes of that division,...
  • California Water Code Section 1030
    During the term of the water lease, the state board shall monitor the lease, as appropriate. The state board shall initiate proceedings, if appropriate, to...
  • California Water Code Section 1031
    A water lease pursuant to this chapter shall not take effect until the first annual fee, set pursuant to Section 1525, is paid, and the...
  • California Water Code Section 1050
    This division is hereby declared to be in furtherance of the policy contained in Section 2 of Article X of the California Constitution and in...
  • California Water Code Section 1051
    The board for the purpose of this division may: (a) Investigate all streams, stream systems, portions of stream systems, lakes, or other bodies of water....
  • California Water Code Section 1051.5
    In furtherance of its powers and duties under Parts 2 (commencing with Section 1200) and 3 (commencing with Section 2000) of this division, the board...
  • California Water Code Section 1052
    (a) The diversion or use of water subject to this division other than as authorized in this division is a trespass. (b) Civil liability may...
  • California Water Code Section 1053
    A full and accurate record of business or acts performed or of testimony taken by the board and the department in pursuance of the provisions...
  • California Water Code Section 1054
    The board and the department may certify to all of their official acts and may certify copies of all official documents and orders filed in...
  • California Water Code Section 1055
    (a) The executive director of the board may issue a complaint to any person or entity on which administrative civil liability may be imposed pursuant...
  • California Water Code Section 1055.2
    No person or entity shall be subject to both civil liability imposed under Section 1055 and civil liability imposed by the superior court under subdivision...
  • California Water Code Section 1055.3
    In determining the amount of civil liability, the board shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm...
  • California Water Code Section 1055.4
    After the time for review under Chapter 4 (commencing with Section 1120) has expired, the board may apply to the clerk of the appropriate court...
  • California Water Code Section 1056
    The board and the department may fix reasonable charges for publications issued under their respective authorities.
  • California Water Code Section 1057
    All fees charged and collected under this chapter shall be paid, at least once each month, accompanied by a detailed statement thereof, into the State
  • California Water Code Section 1058
    The board may make such reasonable rules and regulations as it may from time to time deem advisable in carrying out its powers and duties...
  • California Water Code Section 1058.5
    (a) This section applies to any emergency regulation adopted by the board for which the board makes both of the following findings: (1) The emergency...
  • California Water Code Section 1059
    The board and the department, as to matters under each of their respective jurisdictions, may designate one or more of their employees who shall have...
  • California Water Code Section 1060
    (a) All fees collected by the State Water Resources Control Board or by a California regional water quality control board, and deposited in the State...
  • California Water Code Section 1062
    (a) The Legislature finds and declares as follows: (1) The watershed of the San Francisco Bay/Sacramento-San Joaquin Delta Estuary supplies a large percentage of water...
  • California Water Code Section 1075
    As used in this chapter, "proceeding" means any inquiry, investigation, hearing, ascertainment, or other proceeding ordered or undertaken by the board pursuant to this code.
  • California Water Code Section 1076
    As used in this chapter, "evidence" means any paper, book, map, account, or document.
  • California Water Code Section 1080
    The board may administer oaths and issue subpenas for the attendance and giving of testimony by witnesses and for the production of evidence in any...
  • California Water Code Section 1081
    Each witness who appears by order of the board shall receive for his attendance the same fees and mileage allowed by law to witnesses in...
  • California Water Code Section 1082
    When any witness who has not been required to attend at the request of any party is subpenaed by the board his fees and mileage...
  • California Water Code Section 1083
    Any witness subpenaed, except one whose fees and mileage are payable from the funds of the board, may, at the time of service, demand the...
  • California Water Code Section 1084
    If the witness demands the fees to which he is entitled at the time of service and they are not at that time paid or...
  • California Water Code Section 1085
    All fees and mileage to which any witness is entitled under the provisions of this chapter may be collected by action therefor instituted by the...
  • California Water Code Section 1086
    No witness shall be compelled to attend as a witness before the board under this division out of the county in which he resides, unless...
  • California Water Code Section 1090
    The superior court of the county in which any proceeding is held by the board may compel the attendance and giving of testimony by witnesses...
  • California Water Code Section 1091
    In case of the refusal of any witness to attend or testify or produce any evidence required by a subpena issued by it, the board...
  • California Water Code Section 1092
    The petition shall set forth the following: (a) That due notice has been given of the time and place of attendance of the witness or...
  • California Water Code Section 1093
    The petition shall ask an order of court compelling the witness to attend, testify, and produce the evidence before the board.
  • California Water Code Section 1094
    The court, upon the petition of the board, shall enter an order directing the witness to appear before the court at a time and place...
  • California Water Code Section 1095
    A copy of the order and of the petition shall be served upon the witness.
  • California Water Code Section 1096
    If it appears to the court that the subpena was regularly issued, the court shall thereupon enter an order that the witness appear before the...
  • California Water Code Section 1097
    Upon failure to obey the order the witness shall be dealt with as for contempt of court.
  • California Water Code Section 1100
    The board or any party to a proceeding before it may, in any investigation or hearing, cause the deposition of witnesses residing within or without...
  • California Water Code Section 1105
    (a) Except as provided in subdivision (c), no person shall be excused from testifying or from producing any evidence in any investigation or inquiry by...
  • California Water Code Section 1106
    No person who is granted immunity under subdivision (b) of Section 1105 shall be criminally prosecuted or be subjected to any criminal penalty for or...
  • California Water Code Section 1120
    This chapter applies to any decision or order issued under this part or Section 275, Part 2 (commencing with Section 1200), Part 2 (commencing with...
  • California Water Code Section 1121
    The board shall serve a copy of a decision or order on the parties by personal delivery or registered mail.
  • California Water Code Section 1122
    The board may order a reconsideration of all or part of a decision or order on the board's own motion or on the filing of...
  • California Water Code Section 1123
    The decision or order may be reconsidered by the board on all the pertinent parts of the record and such argument as may be permitted,...
  • California Water Code Section 1124
    The board at any time may amend or modify a decision or order to correct any obvious typographical or clerical error or oversight without the...
  • California Water Code Section 1126
    (a) It is the intent of the Legislature that all issues relating to state water law decided by the board be reviewed in state courts,...
  • California Water Code Section 1126.2
    The provisions of Assembly Bill 3036 of the 1995-96 Regular Session, which, among other things, added this chapter, do not apply to any proceeding for...
  • California Water Code Section 1200
    Whenever the terms stream, lake or other body of water, or water occurs in relation to applications to appropriate water or permits or licenses issued...
  • California Water Code Section 1201
    All water flowing in any natural channel, excepting so far as it has been or is being applied to useful and beneficial purposes upon, or...
  • California Water Code Section 1202
    The following are hereby declared to constitute unappropriated water: (a) All water which has never been appropriated. (b) All water appropriated prior to December 19,...
  • California Water Code Section 1203
    Any water the right to the use of which is held by any municipality which is in excess of the existing municipal needs therefor may...
  • California Water Code Section 1205
    (a) Following notice and hearing, the board may adopt a declaration that a stream system is fully appropriated. As used in this article, "stream system"...
  • California Water Code Section 1206
    (a) From and after the date of adoption of a declaration that a stream system is fully appropriated, and subject to subdivision (b), the board...
  • California Water Code Section 1207
    Notice of hearing pursuant to this article shall be given as follows: (a) The notice shall be published at least once a week for four...
  • California Water Code Section 1203
    Any water the right to the use of which is held by any municipality which is in excess of the existing municipal needs therefor may...
  • California Water Code Section 1210
    The owner of a waste water treatment plant operated for the purpose of treating wastes from a sanitary sewer system shall hold the exclusive right...
  • California Water Code Section 1211
    (a) Prior to making any change in the point of discharge, place of use, or purpose of use of treated wastewater, the owner of any...
  • California Water Code Section 1212
    The board shall not grant any permit or license to any person other than the treated waste water producer for the appropriation of treated waste...
  • California Water Code Section 1215
    This article shall only apply to a water supplier exporting or intending to export water for use outside a protected area pursuant to applications to...
  • California Water Code Section 1215.5
    (a) For the purposes of this article, "protected area", means all of lands which normally drain to the ocean, to a hydraulic sink, or to...
  • California Water Code Section 1215.6
    For the purposes of this article, "water user or users" within a protected area means an appropriator or appropriators, a riparian user or users, or...
  • California Water Code Section 1216
    A protected area shall not be deprived directly or indirectly of the prior right to all the water reasonably required to adequately supply the beneficial...
  • California Water Code Section 1217
    (a) In addition to the right to obtain a water right which would have priority over the rights of an exporter, water users in a...
  • California Water Code Section 1218
    Upon the request of an applicant for a permit to appropriate water for use outside a protected area, a county of origin shall cooperate with...
  • California Water Code Section 1219
    A water supplier exporting or intending to export water outside a protected area, or a water user or users within a protected area, may declare...
  • California Water Code Section 1219.5
    The provisions of this article shall not require any water supplier exporting or intending to export water for use outside a protected area to furnish...
  • California Water Code Section 1220
    (a) No groundwater shall be pumped for export from within the combined Sacramento and Delta-Central Sierra Basins, as defined in the Department of Water Resources'...
  • California Water Code Section 1221
    This article shall not be construed to authorize the board to regulate groundwater in any manner.
  • California Water Code Section 1222
    Nothing in this article shall be deemed to diminish the rights and protections to watersheds of origin contained in existing law including, but not limited...
  • California Water Code Section 1225
    Except as provided in Article 2.5 (commencing with Section 1226) of this chapter, no right to appropriate or use water subject to appropriation shall be...
  • California Water Code Section 1226
    The Legislature finds and declares that it is necessary and beneficial to the state to clear up many heretofore uncertain conditions of water rights which...
  • California Water Code Section 1226.1
    The owner of any dam or other water impoundment structure constructed prior to January 1, 1969, the capacity of which is not in excess of...
  • California Water Code Section 1226.2
    (a) Any person who has a valid water right pursuant to Section 1226.1, who files a claim of water right with the board on or...
  • California Water Code Section 1226.3
    Each claim of water right shall be accompanied by a fee which shall be in an amount determined by the board to cover the reasonable...
  • California Water Code Section 1226.4
    The board may, after notice and hearing, revoke any certificate of a water right granted pursuant to this article upon a finding that the water...
  • California Water Code Section 1227
    The Legislature finds and declares that it is in the public interest to provide a priority of right to appropriate water for various beneficial water...
  • California Water Code Section 1227.1
    (a) To obtain the priority of right set forth in Section 1227, any agency of the United States shall submit to the board, on or...
  • California Water Code Section 1227.2
    (a) Subject to subdivisions (b) and (c), any use for which a statement is submitted to the board pursuant to Section 1227.1 has a priority...
  • California Water Code Section 1227.3
    This article does not apply to uses involving the appropriation of water by any person, including any agency of the United States, pursuant to the...
  • California Water Code Section 1227.4
    The board may, after following procedures set forth in Sections 1675 to 1675.2, inclusive, revoke any water right determined pursuant to this article upon a...
  • California Water Code Section 1228
    This article shall be known and may be cited as the Water Rights Permitting Reform Act of 1988.
  • California Water Code Section 1228.1
    (a) The Legislature finds and declares that it is in the public interest to provide a timely, efficient, and economic procedure for the acquisition of...
  • California Water Code Section 1228.2
    (a) (1) Subject to subdivision (b), any person may obtain a right to appropriate water for a small domestic or livestock stockpond use upon first...
  • California Water Code Section 1228.3
    (a) Registration of water use pursuant to this article shall be made upon a form prescribed by the board. The registration form shall set forth...
  • California Water Code Section 1228.4
    (a) Any completed registration of water use gives to the registrant a priority of right as of the date of completed registration to take and...
  • California Water Code Section 1228.5
    (a) Registration of a small domestic or livestock stockpond use pursuant to this article shall be renewed prior to the expiration of each five-year period...
  • California Water Code Section 1228.6
    (a) The board shall establish, and may from time to time revise, reasonable general conditions to which all appropriations made pursuant to this article shall...
  • California Water Code Section 1228.7
    (a) Any registrant may change the point of diversion or place of use by delivering to the board an amended registration form in accordance with...
  • California Water Code Section 1228.9
    With regard to a small domestic use of water, no right to appropriate or use water subject to appropriation may be initiated on and after...
  • California Water Code Section 1229.1
    This article does not apply to those stream segments for which the Director of Fish and Game establishes proposed streamflow requirements pursuant to Section 10002...
  • California Water Code Section 1230
    Upon any stream flowing across the State boundary, an appropriation of water in this State for beneficial use in another State may be made only...
  • California Water Code Section 1231
    Upon any stream flowing across the state boundary a right of appropriation having the point of diversion and the place of use in another state...
  • California Water Code Section 1232
    (a) Except as provided in subdivision (b), nothing in this article applies to interstate lakes, or streams flowing in or out of those lakes. (b)...
  • California Water Code Section 1240
    The appropriation must be for some useful or beneficial purpose, and when the appropriator or his successor in interest ceases to use it for such...
  • California Water Code Section 1241
    When the person entitled to the use of water fails to use beneficially all or any part of the water claimed by him, for which...
  • California Water Code Section 1241.5
    The laws of this State with respect to loss of water rights by nonuse, abandonment, prescription, and lack of diligence shall not apply to water...
  • California Water Code Section 1241.6
    When water appropriated for irrigation purposes is not used by reason of compliance with crop control or soil conservation contracts with the United States, and...
  • California Water Code Section 1242
    The storing of water underground, including the diversion of streams and the flowing of water on lands necessary to the accomplishment of such storage, constitutes...
  • California Water Code Section 1242.5
    The board, subject to the provisions of Section 100 and whenever it is in the public interest, may approve appropriation by storage of water to...
  • California Water Code Section 1243
    The use of water for recreation and preservation and enhancement of fish and wildlife resources is a beneficial use of water. In determining the amount...
  • California Water Code Section 1243.5
    In determining the amount of water available for appropriation, the board shall take into account, whenever it is in the public interest, the amounts of...
  • California Water Code Section 1244
    The sale, lease, exchange, or transfer of water or water rights, in itself, shall not constitute evidence of waste or unreasonable use, unreasonable method of...
  • California Water Code Section 1245
    Every municipal corporation of this State, and every person, firm or corporation engaged in supplying water to any municipal corporations for municipal, domestic or other...
  • California Water Code Section 1246
    For the purpose of ascertaining the amount of any damage claimed to have been suffered or sustained by reason of any of the acts or...
  • California Water Code Section 1247
    Nothing in this article shall confer the right to recover damages resulting directly or indirectly by reason of the construction, operation or maintenance of any...
  • California Water Code Section 1248
    This article shall be liberally construed.
  • California Water Code Section 1250
    The board shall consider and act upon all applications for permits to appropriate water and shall do all things required or proper relating to such
  • California Water Code Section 1250.5
    The board shall consider and act upon all applications for permits to appropriate water which propose, as a primary purpose of the application, the development...
  • California Water Code Section 1251
    The board shall make such investigations of the water resources of the State as may be necessary for the purpose of securing information needed in...
  • California Water Code Section 1252
    Any person may apply for and secure from the board, in conformity with this part and in conformity with reasonable rules and regulations adopted from...
  • California Water Code Section 1252.1
    An appropriation of water of any stream or other source of water under this part does not confer authority upon the appropriator to prevent or...
  • California Water Code Section 1252.5
    All rights and privileges conferred by this part upon any person in relation to the appropriation of water are likewise conferred upon the United States,...
  • California Water Code Section 1253
    The board shall allow the appropriation for beneficial purposes of unappropriated water under such terms and conditions as in its judgment will best develop, conserve,...
  • California Water Code Section 1254
    In acting upon applications to appropriate water the board shall be guided by the policy that domestic use is the highest use and irrigation is...
  • California Water Code Section 1255
    The board shall reject an application when in its judgment the proposed appropriation would not best conserve the public interest.
  • California Water Code Section 1256
    In determining public interest under Sections 1253 and 1255, the board shall give consideration to any general or co-ordinated plan looking toward the control, protection,...
  • California Water Code Section 1257
    In acting upon application to appropriate water, the board shall consider the relative benefit to be derived from (1) all beneficial uses of the water...
  • California Water Code Section 1257.5
    The board, in acting on applications to appropriate water, shall consider streamflow requirements proposed for fish and wildlife purposes pursuant to Sections 10001 and 10002...
  • California Water Code Section 1258
    In acting upon applications to appropriate water, the board shall consider water quality control plans which have been established pursuant to Division 7 (commencing with...
  • California Water Code Section 1259
    In acting upon applications to appropriate water, the board shall consider the state goal of providing a decent home and suitable living environment for every
  • California Water Code Section 1259.2
    (a) The board shall annually prepare a written summary, in chart form, of pending applications to appropriate water in the Counties of Marin, Napa, Sonoma,...
  • California Water Code Section 1259.4
    (a) (1) On or before January 1, 2008, the board shall adopt principles and guidelines for maintaining instream flows in coastal streams from the Mattole...
  • California Water Code Section 1260
    Every application for a permit to appropriate water shall set forth all of the following: (a) The name and post office address of the applicant....
  • California Water Code Section 1261
    All applications shall be accompanied by as many copies of such maps, drawings, and other data as may be prescribed or required by the board,...
  • California Water Code Section 1262
    If for agricultural purposes the application shall give the legal subdivisions of the land and the acreage to be irrigated, as near as may be.
  • California Water Code Section 1263
    If for power purposes the application shall state the nature of the works by means of which the power is to be developed, the head...
  • California Water Code Section 1264
    If for municipal water supply the application shall state the present population to be served, and, as near as may be, the future requirements of...
  • California Water Code Section 1265
    If for mining purposes the application shall state the nature and location of the mines to be served and the methods of supplying and utilizing...
  • California Water Code Section 1266
    If for storage in a reservoir the application shall state the height of dam, the capacity of reservoir, and the use to be made of...
  • California Water Code Section 1270
    A defective application made in a bona fide attempt to conform to the rules and regulations of the board and to the law secures to...
  • California Water Code Section 1271
    If, within the period provided, the applicant does not file an amended and perfected application, the application shall be rejected and canceled, unless for good...
  • California Water Code Section 1275
    After an application has been perfected, the board may request additional information reasonably necessary to clarify, amplify, correct, or otherwise supplement the information required to...
  • California Water Code Section 1276
    If, within the period provided, the applicant does not provide the information requested under Section 1275, the application shall be canceled, unless for good cause...
  • California Water Code Section 1300
    As soon as practicable after the receipt of an application for a permit to appropriate water which conforms to the rules and regulations of the...
  • California Water Code Section 1301
    The notice shall specify all of the following: (a) The number of the application. (b) The name and address of the applicant. (c) The date...
  • California Water Code Section 1302
    If the application is for more than three cubic feet per second or for more than 200 acre-feet per annum of storage, the notice shall...
  • California Water Code Section 1303
    If the application is for three cubic feet or less per second, or for 200 acre-feet or less per annum of storage, the notice shall...
  • California Water Code Section 1304
    The notice shall contain appropriate general information as to what protests against the approval of the application shall contain in order to accord with the...
  • California Water Code Section 1310
    If the application is for more than three cubic feet per second or for more than 200 acre-feet per annum of storage the notice of...
  • California Water Code Section 1311
    Upon receipt of notice of an application coming under this article, the applicant shall cause it to be published as directed by the board.
  • California Water Code Section 1312
    The notice shall be published at the expense of the applicant at least once a week for three consecutive weeks, commencing within 20 days of...
  • California Water Code Section 1313
    In case there is no newspaper published within the appropriate county publication shall be made in a newspaper having a general circulation within the county.
  • California Water Code Section 1315
    Proof of publication shall be filed by the applicant within 60 days from the date of issuance of the notice.
  • California Water Code Section 1316
    Proof of publication shall be by copy of the notice as published attached to and made a part of the affidavit of the publisher or...
  • California Water Code Section 1317
    The board may cancel any application for failure of the applicant to file proof of publication in accordance with this article, provided the board first...
  • California Water Code Section 1320
    Notice of an application for three cubic feet or less per second or for 200 acre-feet or less per annum of storage shall be given...
  • California Water Code Section 1321
    Upon the date of issuance of notice of an application coming under this article the board shall mail three copies of the notice to the...
  • California Water Code Section 1322
    The applicant shall post the notice within 20 days of the date of issuance thereof in at least two conspicuous places in the locality to...
  • California Water Code Section 1323
    Proof of posting shall be by affidavit of the applicant or the person posting notice on behalf of the applicant and shall be filed within...
  • California Water Code Section 1324
    The board may cancel any application for failure of the applicant to file proof of posting in accordance with this article, provided the board first...
  • California Water Code Section 1330
    Any person interested may, within the time allowed in the notice of application or within such further time as may, for good cause shown, be...
  • California Water Code Section 1331
    The protest shall meet all of the following requirements: (a) State the name and address of the protestant. (b) Be signed by the protestant, or...
  • California Water Code Section 1332
    The board may request from the protestant additional information reasonably necessary to clarify, amplify, correct, or otherwise supplement the information required to be submitted under...
  • California Water Code Section 1333
    The protestant and the applicant shall make a good faith effort to resolve the protest within 180 days from the date on which the period...
  • California Water Code Section 1334
    The board may request from the protestant or the applicant additional information that the board determines is reasonably necessary to attempt to resolve the protest....
  • California Water Code Section 1335
    (a) The board may cancel a protest or application for failure to provide information requested by the board under this article within the period provided....
  • California Water Code Section 1340
    Notice of hearing on a protested application shall be given by mailing notice not less than 20 days before the date of hearing to both...
  • California Water Code Section 1341
    The notice of hearing on a protested application shall state the names of the applicant and protestant, the time and place fixed for the hearing,...
  • California Water Code Section 1342
    If a hearing is held on an unprotested application, notice of hearing shall be given by mailing notice not less than 20 days before the...
  • California Water Code Section 1345
    The Division of Water Rights shall conduct a field investigation of all minor protested applications. The board shall notify the parties of the field investigation...
  • California Water Code Section 1346
    The Division of Water Rights may request the parties to submit information in support of their positions. The Division of Water Rights may request information...
  • California Water Code Section 1347
    Based upon the field investigation and any other information obtained under this article, the Division of Water Rights shall issue a decision unless the board...
  • California Water Code Section 1348
    For purposes of this article, a minor application shall mean any application which does not involve direct diversions in excess of three cubic-feet per second...
  • California Water Code Section 1350
    The board may grant, or refuse to grant a permit and may reject any application, after hearing.
  • California Water Code Section 1351
    No hearing is necessary in order to issue a permit upon an unprotested application, or if undisputed facts support the issuance of the permit and...
  • California Water Code Section 1352
    Upon failure of any party in interest to appear at a hearing or show good cause within five days thereafter for his failure, final action...
  • California Water Code Section 1353
    In the conduct of hearings technical rules of evidence need not be applied.
  • California Water Code Section 1375
    As prerequisite to the issuance of a permit to appropriate water the following facts must exist: (a) There must be an applicant. (b) The application...
  • California Water Code Section 1380
    Upon the approval of an application the board shall issue a permit.
  • California Water Code Section 1381
    The issuance of a permit gives the right to take and use water only to the extent and for the purpose allowed in the permit.
  • California Water Code Section 1382
    All permits shall be under the terms and conditions of this division.
  • California Water Code Section 1390
    A permit shall be effective for such time as the water actually appropriated under it is used for a useful and beneficial purpose in conformity...
  • California Water Code Section 1391
    Every permit shall include the enumeration of conditions therein which in substance shall include all of the provisons of this article and the statement that...
  • California Water Code Section 1392
    Every permittee, if he accepts a permit, does so under the conditions precedent that no value whatsoever in excess of the actual amount paid to...
  • California Water Code Section 1393
    The board shall include as a condition in any permit under which a reservoir with an impounding capacity of 50 acre-feet or more is to...
  • California Water Code Section 1394
    (a) The board may reserve jurisdiction, in whole or in part, to amend, revise, supplement, or delete terms and conditions in a permit under either...
  • California Water Code Section 1395
    Actual construction work upon any project shall begin within the time specified in the permit, which time shall not be less than 60 days from...
  • California Water Code Section 1396
    The construction of the work thereafter and the utilization of water for beneficial purposes shall be prosecuted with due diligence in accordance with this division,...
  • California Water Code Section 1397
    The work shall be completed and the water applied to beneficial use in accordance with this division, the rules and regulations of the board, and...
  • California Water Code Section 1398
    (a) The period specified in the permit for beginning construction work, for completion of construction work, for application of the water to beneficial use, or...
  • California Water Code Section 1410
    (a) There shall be cause for revocation of a permit if the work is not commenced, prosecuted with due diligence, and completed or the water...
  • California Water Code Section 1410.1
    The notice of proposed revocation of the permit pursuant to paragraph (2) of subdivision (b) of Section 1410 shall contain a statement of facts and...
  • California Water Code Section 1410.2
    In any case when a permit is revoked without a hearing, as provided in Section 1410.1, the permittee, within 90 days of the date of...
  • California Water Code Section 1425
    (a) Any person, whether or not an applicant, permittee, or licensee under provisions of this division other than this chapter, who has an urgent need...
  • California Water Code Section 1426
    The application for a temporary permit shall be completed in accordance with the provisions of Section 1260 and shall be accompanied by such maps, drawings,...
  • California Water Code Section 1427
    Before making the findings required by Section 1425, the board shall review available records, files, and decisions which relate to the availability of water from...
  • California Water Code Section 1428
    The board may issue a temporary permit in advance of the notice required by this section. In all cases, whether or not a temporary permit...
  • California Water Code Section 1429
    The board shall supervise diversion and use of water under the temporary permit for the protection of all lawful users of waters and instream beneficial...
  • California Water Code Section 1430
    Any temporary permit issued under this chapter shall not result in creation of a vested right, even of a temporary nature, but shall be subject...
  • California Water Code Section 1431
    A temporary permit issued under this chapter may be renewed by the board. Requests for renewals shall be processed in the manner provided by this...
  • California Water Code Section 1435
    (a) Any permittee or licensee who has an urgent need to change a point of diversion, place of use, or purpose of use from that...
  • California Water Code Section 1436
    The petition for a temporary change order shall be completed in accordance with the rules of the board, and the petitioner shall pay the fee...
  • California Water Code Section 1437
    Before making the findings required by Section 1435, the board shall review available records, files, and decisions which relate to the rights of other legal...
  • California Water Code Section 1438
    (a) The board may issue a temporary change order in advance of the notice required by this section. In all cases, whether or not a...
  • California Water Code Section 1439
    The board shall supervise diversion and use of water under the temporary change order for the protection of all other lawful users of water and...
  • California Water Code Section 1440
    Any temporary change order issued under this chapter shall not result in creation of a vested right, even of a temporary nature, but shall be...
  • California Water Code Section 1441
    A temporary change order issued under this chapter may be renewed by the board. Requests for renewal shall be processed in the manner provided by...
  • California Water Code Section 1442
    This chapter shall not apply to any permittee or licensee petitioning for a temporary change pursuant to Chapter 10.5 (commencing with Section 1725).
  • California Water Code Section 1450
    Any application properly made gives to the applicant a priority of right as of the date of the application until such application is approved or...
  • California Water Code Section 1455
    The issuance of a permit continues in effect the priority of right as of the date of the application and gives the right to take...
  • California Water Code Section 1460
    The application for a permit by a municipality for the use of water for the municipality or the inhabitants thereof for domestic purposes shall be...
  • California Water Code Section 1461
    The application for, or the granting of, a permit to any municipality to appropriate water does not authorize the appropriation of any water for other...
  • California Water Code Section 1462
    Where permission to appropriate is granted to any municipality for any quantity of water in excess of the existing municipal needs therefor, the board may,...
  • California Water Code Section 1463
    When the municipality desires to use the additional water granted in its application it may do so upon making just compensation for the facilities for...
  • California Water Code Section 1464
    In lieu of the granting of such temporary permits for appropriation, the board may authorize the municipality to become as to such surplus a public...
  • California Water Code Section 1475
    In any case where a reservoir has been or shall hereafter under the provisions of this division be constructed, or surveyed, laid out, and proposed...
  • California Water Code Section 1480
    An application by the Department of Water Resources, or an application by the Department of Finance prior to July 5, 1956, in aid of any...
  • California Water Code Section 1485
    Any municipality, governmental agency, or political subdivision operating waste disposal plants producing disposal water meeting the requirements of the appropriate regional board, and disposing of...
  • California Water Code Section 1490
    Applications or petitions for retrofit hydroelectric plants at existing dams, canals, or conduits where the streamflow regime will not be changed and where there will...
  • California Water Code Section 1491
    Applications for hydroelectric powerplants with a generating capacity not to exceed five megawatts, which do not impound water during times of high waterflow to be...
  • California Water Code Section 1525
    (a) Each person or entity who holds a permit or license to appropriate water, and each lessor of water leased under Chapter 1.5 (commencing with...
  • California Water Code Section 1528
    Each person or entity who files a proof of claim under Article 4 (commencing with Section 2575) of Chapter 3 of Part 3 shall pay...
  • California Water Code Section 1529
    Each person or entity who files a notice pursuant to Part 5 (commencing with Section 4999) shall pay an annual fee according to a fee...
  • California Water Code Section 1530
    (a) The board shall adopt, by emergency regulation, the schedules of fees authorized under this article. The emergency regulation may include provisions concerning the administration...
  • California Water Code Section 1535
    (a) Any fee subject to this chapter that is required in connection with the filing of an application, registration, request or proof of claim, other...
  • California Water Code Section 1536
    All annual fees, other than the initial filing fee required in connection with the filing of an application, registration, petition, or request, or proof of...
  • California Water Code Section 1537
    (a) The State Board of Equalization shall collect any fee or expense required to be paid to the State Board of Equalization under this chapter....
  • California Water Code Section 1538
    In any proceeding pursuant to Section 1052 in which it is determined that there has been a violation of the prohibition against the unauthorized diversion...
  • California Water Code Section 1539
    If a permit or license holder fails to pay an annual fee imposed pursuant to subdivision (a) of Section 1525 for a period of five...
  • California Water Code Section 1540
    If the board determines that the person or entity on whom a fee or expense is imposed will not pay the fee or expense based...
  • California Water Code Section 1541
    This article applies to any fee established or required to be paid under Article 1 (commencing with Section 1525), to any fee or expense set...
  • California Water Code Section 1550
    There is in the State Treasury a Water Rights Fund, which is hereby established.
  • California Water Code Section 1551
    All of the following shall be deposited in the Water Rights Fund: (a) All fees, expenses, and penalties collected by the board or the State...
  • California Water Code Section 1552
    The money in the Water Rights Fund is available for expenditure, upon appropriation by the Legislature, for the following purposes: (a) For expenditure by the...
  • California Water Code Section 1560
    (a) The fees and expenses established under this chapter and Part 3 (commencing with Section 2000) apply to the United States and to Indian tribes,...
  • California Water Code Section 1600
    Immediately upon completion of the construction of works and application of the water to beneficial use the permittee shall report the completion to the board.
  • California Water Code Section 1605
    The board shall as soon as practicable after receiving the report of completion cause to be made a full inspection and examination of the works...
  • California Water Code Section 1610
    If the determination of the board as to completion is favorable to the permittee, the board shall issue a license which confirms the right to...
  • California Water Code Section 1610.5
    Before issuing a license for an amount of water or season of use less than that specified in the permit, the board shall either obtain...
  • California Water Code Section 1611
    If the board determines that the construction and condition of the works or the use of water therefrom are not in conformity with the law,...
  • California Water Code Section 1625
    Each license shall be in such form and contain such terms as may be prescribed by the board.
  • California Water Code Section 1626
    All licenses shall be under the terms and conditions of this division.
  • California Water Code Section 1627
    A license shall be effective for such time as the water actually appropriated under it is used for a useful and beneficial purpose in conformity...
  • California Water Code Section 1628
    Every license shall include the enumeration of conditions therein which in substance shall include all of the provisions of this article and the statement that...
  • California Water Code Section 1629
    Every licensee, if he accepts a license, does so under the conditions precedent that no value whatsoever in excess of the actual amount paid to...
  • California Water Code Section 1630
    At any time after the expiration of twenty years after the granting of a license, the State or any city, city and county, municipal water...
  • California Water Code Section 1631
    In the event that the State, or any city, city and county, municipal water district, irrigation district, lighting district, or political subdivision of the State...
  • California Water Code Section 1650
    A true copy of each license issued or of each order modifying or changing a license shall within 30 days after issuance thereof be recorded...
  • California Water Code Section 1651
    Whenever an order revoking a license in whole or in part becomes final a true copy of the order shall be recorded promptly by the...
  • California Water Code Section 1627
    A license shall be effective for such time as the water actually appropriated under it is used for a useful and beneficial purpose in conformity...
  • California Water Code Section 1628
    Every license shall include the enumeration of conditions therein which in substance shall include all of the provisions of this article and the statement that...
  • California Water Code Section 1629
    Every licensee, if he accepts a license, does so under the conditions precedent that no value whatsoever in excess of the actual amount paid to...
  • California Water Code Section 1630
    At any time after the expiration of twenty years after the granting of a license, the State or any city, city and county, municipal water...
  • California Water Code Section 1631
    In the event that the State, or any city, city and county, municipal water district, irrigation district, lighting district, or political subdivision of the State...
  • California Water Code Section 1675
    If at any time after a license is issued, the board finds that the licensee has not put the water granted under the license to...
  • California Water Code Section 1675.1
    The notice of proposed revocation of the license pursuant to Section 1675 shall contain a statement of facts and information upon which the proposed revocation...
  • California Water Code Section 1675.2
    In any case when a license is revoked without a hearing, as provided in Section 1675.1, the licensee, within 90 days of the date of...
  • California Water Code Section 1700
    Water appropriated under the Water Commission Act or this code for one specific purpose shall not be deemed to be appropriated for any other or...
  • California Water Code Section 1701
    At any time after notice of an application is given, an applicant, permittee, or licensee may change the point of diversion, place of use, or...
  • California Water Code Section 1701.1
    A petition for change filed after notice of an application shall meet all of the following requirements: (a) State the name and address of the...
  • California Water Code Section 1701.2
    A petition for change in a permit or license shall meet all of the following requirements: