Loading (50 kb)...'

State
California Regulations
TITLE 23. WATERS DIVISION 3. STATE WATER RESOURCES CONTROL BOARD AND REGIONAL WATER QUALITY CONTROL BOARDS

database is current through 09/29/06, Register 2006, No. 39
s 640. Definitions.
(a) "Board" when used in this chapter and chapter 1.5, unless otherwise designated, means either the State Water Resources Control Board or any California Regional Water Quality Control Board.
(b) "State Board" when used in this chapter and chapter 1.5 means the State Water Resources Control Board.
(c) "Regional Board" when used in this division means any California Regional Water Quality Control Board.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13203, Water Code.




s 641. Purpose.
The regulations contained in this chapter are adopted for the purpose of implementing and carrying out provisions of Parts 1, 2, 3, 5 and 5.1 of Division 2, Part 2 of Division 6, Division 7 and Division 7.5 of the Water Code.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 185 and 1058, Water Code.




s 641.1. Use and Effect.


Note: Authority and reference cited: Section 1058, Water Code.










Note: Authority and reference cited: Section 1058, Water Code.










Note: Authority cited: Section 1058, Water Code. Reference: Section 11125, Government Code.




s 644. State Board Membership.
Pursuant to Water Code Section 13388, no person shall be a member of the State Board if he receives or has received during the previous two years a significant portion of his income directly or indirectly from any person subject to waste discharge requirements or an applicant for waste discharge requirements under the provisions of Chapter 5.5, Division 7, California Water Code (NPDES permits).


Note: Authority cited: Section 1058, Water Code. Reference: Section 11125, Government Code.




s 644.1. Regional Water Quality Control Board Membership.
Pursuant to Water Code Section 13388, no person shall be a member of a Regional Board if he receives or has received during the previous two years a significant portion of his income directly or indirectly from any person subject to waste discharge requirements or an applicant for waste discharge requirements under the provisions of Chapter 5.5, Division 7, California Water Code (NPDES permits).


Note: Authority cited: Sections 1058, 13370 and 13371, Water Code. Reference: Sections 13388, Water Code; and Clean Water Act Section 304(i)(2)(D), 33 USC Section 1314(i)(2)(D) and 40 CFR Section 123.25(c)(1)(i), (ii), (iii), (iv) and (c)(2).






s 644.2. Significant Portion of Income.
The term "significant portion of his income" shall mean ten percent of gross personal income for a calendar year except that it shall mean 50 percent of gross personal income for a calendar year if the recipient is over 60 years of age and is receiving such portion pursuant to retirement, pension or similar arrangement.


Note: Authority cited: Sections 1058, 13370 and 13371, Water Code. Reference: Sections 13388, Water Code; and Clean Water Act Section 304(i)(2)(D), 33 USC Section 1314(i)(2)(D) and 40 CFR Section 123.25(c)(1)(ii).





s 644.3. Persons Subject to Requirements and Applicant.
The terms "persons subject to waste discharge requirements" and "applicant for waste discharge requirements" shall apply only to persons regulated under Chapter 5.5, Division 7, California Water Code (NPDES permits) but shall not include any department or agency of the state government including the University of California and the State University and Colleges.


Note: Authority cited: Sections 1058, 13370 and 13371, Water Code. Reference: Sections 13388, Water Code; and Clean Water Act Section 304(i)(2)(D), 33 USC Section 1314(i)(2)(D) and 40 CFR Section 123.25(c)(1)(iii).




s 644.4. Income.
The word "income" includes, but is not limited to, retirement benefits, consultant fees, and stock dividends.


Note: Authority cited: Sections 1058, 13370 and 13371, Water Code. Reference: Sections 13388, Water Code; and Clean Water Act Section 304(i)(2)(D), 33 USC Section 1314(i)(2)(D) and 40 CFR Section 123.25(c)(1)(iv).




s 644.5. Direct or Indirect Income.
Income is not received "directly or indirectly" which is derived from mutual fund payments, or from other investments which are so diversi fied that the recipient does not know the identity of the primary sources of income.


Note: Authority cited: Sections 1058, 13370 and 13371, Water Code. Reference: Sections 13388, Water Code; and Clean Water Act Section 304(i)(2)(D), 33 USC Section 1314(i)(2)(D) and 40 CFR Section 123.25(c)(2).




s 644.6. Board Member's Statement of Employment.
By July 15, 1975, and by April 30 of each year thereafter, each member of the State Board and each member of a Regional Water Quality Control Board shall file with the Executive Director of the State Board a statement under penalty of perjury containing the following information:
(a) The names of any persons who are applicants for waste discharge requirements, or who are subject to waste discharge requirements, from which the Board member has received any income.
(b) If the total of income from persons listed under (a) is in excess of ten percent of his gross personal income for the current year or for either of the two previous calendar years.
(c) If the Board member is over 60 years of age, whether the total of income from persons listed under (a) from retirement, pension or similar arrangement is in excess of 50 percent of his gross personal income for the current year or for either of the two previous calendar years.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 11125, Government Code, Section 13388, Water Code.










Note: Authority cited: Sections 87300 and 87304, Government Code. Reference: Section 87300 et seq., Government Code.





s 647. Purpose.
Provisions of this article are intended to govern procedures of the State Water Resources Control Board (State Board) and the Regional Water Quality Control Board (Regional Boards) in public meetings of the State and Regional Boards. This subchapter is intended to establish minimum requirements of practice and procedure. It is a supplement to the requirements of Article 9 (commencing with Section 11120), Chapter 1, Part 1, Division 3 of the Government Code, also known as the Bagley Act. To the extent that other sections of this chapter establish more detailed and specific procedures, those sections shall apply. Unless otherwise specified, use of the word "Board" in this subchapter shall mean both the State Board and the Regional Boards.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 11120, et seq., Government Code.




s 647.1. Scheduling.
State and Regional Boards shall meet at least six times a year. Additional meetings may be held at any time.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 11120, et seq., Government Code.



s 647.2. Notice and Agenda Requirements.
(a) Purpose. Government Code Section 11125 requires state agencies to provide notice at least one week in advance of any meeting to any person who requests such notice in writing except that emergency meetings may be held with less than one week's notice when such meetings are necessary to discuss unforeseen emergency conditions as defined by published rule of the agency. The purpose of this section is to establish procedures for compliance with Government Code Section 11125 by the State Board and the Regional Boards.
(b) Contents of Meeting Notice. The notice for all meetings of the State Board and Regional Boards shall specify the date, time and location of the meeting and include an agenda listing all items to be considered. The agenda shall include a description of each item, including any proposed action to be taken.
(c) Time of Notice. Notice shall be given at least one week in advance of the meeting. When the notice is mailed, it shall be placed in the mail at least eight days in advance of the meeting.
(d) Emergency Conditions. The provisions of this section do not apply when an item must be considered or a meeting held because of unforeseen emergency conditions. Unforeseen emergency conditions exist when there have been unexpected circumstances requiring immediate action by the State Board or Regional Boards to regulate the water resources of the state so as to protect the public health, welfare, or safety. It is not necessary that the emergency conditions be such that they could not have been anticipated or prepared for but only that in the normal course of events they would seldom be expected. Notice of such consideration or meeting shall be given by mail, telephone, telegram, or other available means to persons known to be interested in the matter.
(e) Distribution. Notice shall be given to all persons directly affected by proceedings on the agenda and to all persons who request in writing such notice. Notice shall be given to any person known to be interested in proceedings on the agenda.
(f) Uncontested Items Calendar. The agenda may include an item designated "the uncontested items calendar."
(1) The uncontested items calendar shall include only those matters for which there appears to be no controversy.
(2) At the request of any Board member or other interested person, any matter shall be removed from the uncontested items calendar and may be considered at the same meeting as a separate item of business.
(3) Late revisions and/or corrections to items on the uncontested items calendar shall be specified for inclusion prior to considering a vote on the uncontested items calendar. If such revisions constitute a significant change in the proposed action on any item, action shall be deferred until a later meeting of the Board.

(4) After an opportunity for requests to remove any matters from the uncontested items calendar has been given, a vote shall be taken on the uncontested items calendar. Upon a vote to approve the uncontested items calendar, each matter on the uncontested items calendar shall be approved and shall have the same force and effect as it would have if approved as a separate agenda item.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 11125, Government Code.



s 647.3. Public Comments.
(a) Any person may submit comments in writing on any agenda item. Any person submitting such comments shall provide the Board with a copy of the comments in advance of the meeting at which it is to be considered. Such comments may be inspected by any interested person.
(b) Persons present shall be given an opportunity to make relevant oral comments on any agenda item; provided, however, that the Chairperson or other presiding member may limit or preclude such comments as necessary for the orderly conduct of business. The provisions of this section are limited to meetings and shall not apply to adjudicatory hearings as defined and provided for in Article 2.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 11120, et seq., Government Code.


s 647.4. Recording of Meetings.
(a) State and Regional Board public meetings shall be recorded by stenographic reporter or electronic recording or both. Such recordings shall be available for public review and copying at the appropriate State or Regional Board office.
(b) The cost of copying the record of any meeting shall be borne by the requester. Staffing needs may require that copying be performed at another location by persons other than the staff of the Board.
(c) The recordings shall be retained for the period of time required by applicable law governing the retention of records of state agency public proceedings, or until conclusion of administrative or judicial proceedings, whichever is later.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 11120, et seq., Government Code.


s 647.5. Minutes of Meetings.
(a) The State and Regional Boards shall keep minutes of their meetings.
(b) Minutes shall be approved by each Board.
(c) Approved minutes shall be the official record of actions taken at any meeting.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 11120, et seq., Government Code.



s 648. Laws Governing Adjudicative Proceedings.
(a) For purposes of this article, "adjudicative proceeding" means an evidentiary hearing for determination of facts pursuant to which the State Board or a Regional Board formulates and issues a decision.
(b) Incorporation of Applicable Statutes. Except as otherwise provided, all adjudicative proceedings before the State Board, the Regional Boards, or hearing officers or panels appointed by any of those Boards shall be governed by these regulations, chapter 4.5 of the Administrative Procedure Act (commencing with section 11400 of the Government Code), sections 801-805 of the Evidence Code, and section 11513 of the Government Code.
(c) Portions of Administrative Procedure Act Not Applicable. The following articles and sections of chapter 4.5 of the Administrative Procedure Act (commencing with section 11400 of the Government Code) are specifically not included in the procedures governing the conduct of hearings before the State Board, any of the Regional Boards, or hearing officers or panels appointed by those Boards:
Article 8. Language Assistance (except that the procedures for language assistance shall apply to an adjudicative proceeding pursuant to Article 6 [commencing with section 25299.50] of Chapter 6.75 of Division 20 of the Health and Safety Code)
Article 13. Emergency Decision
Article 14. Declaratory Decision
Article 16. Administrative Adjudication Code of Ethics
Except as provided in subdivision (b) of this section, chapter 5 of the Administrative Procedure Act (commencing with section 11500 of the Government Code) does not apply to hearings before the State Board, any of the Regional Boards, or hearing officers or panels appointed by those Boards.
(d) Waiver of Nonstatutory Requirements. The presiding officer may waive any requirements in these regulations pertaining to the conduct of adjudicative proceedings including but not limited to the introduction of evidence, the order of proceeding, the examination or cross-examination of witnesses, and the presentation of argument, so long as those requirements are not mandated by state or federal statute or by the state or federal constitutions.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 13263 and 13378, Water Code.





s 648.1. Parties and Other Interested Persons.
(a) The party or parties to an adjudicative proceeding before the Board shall include the person or persons to whom the agency action is directed and any other person whom the Board determines should be designated as a party. The hearing notice may specify a procedure for designation of the parties to a particular adjudicative proceeding.
(b) In a water right proceeding, the party or parties shall include the water right applicant or petitioner, persons who have filed unresolved protests, persons who have filed unresolved objections to a temporary change petition, persons who have filed an unresolved written complaint with the Board concerning the subject matter of the hearing, and any other persons who are designated as parties in accordance with the procedure specified in the hearing notice.
(c) Persons who fail to comply with the procedural requirements specified in the hearing notice for participation as parties in a proceeding may be dismissed as parties to the proceeding.
(d) The Board or presiding officer may provide an opportunity for presentation of policy statements or comments, either orally or in writing, by interested persons who are not participating as parties in the proceeding. Persons presenting nonevidentiary policy statements will not be subject to cross-examination but may be asked to respond to clarifying questions from the Board, staff, or others, at the discretion of the Board or presiding officer. The criteria and procedures applicable to participation in a Board adjudicative proceeding as an interested person may be established in the hearing notice or by the presiding officer. Interested persons will not normally be required to serve copies of their statements on the parties to the proceeding nor will they normally be allowed to participate in cross-examination. The hearing notice may require that any written policy statements proposed to be submitted to the Board, be submitted prior to the hearing. If the requirement for prior submittal of policy statements applies to persons who address the Board or a subcommittee of the Board at a meeting subject to the Bagley-Keene Open Meeting Act (article 9 [commencing with section 11110] of chapter 1 of article 1 of division 3 of title 2 of the Government Code), the requirement should be included in the notice of the meeting. Interested persons are not entitled to receive service of exhibits, testimony, or other documents served on the parties to the proceeding unless specifically so provided in the hearing notice or by the presiding officer.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 13263, and 13378, Water Code.





s 648.2. Official Notice.
The Board or presiding officer may take official notice of such facts as may be judicially noticed by the courts of this state. Upon notice to the parties, official notice may also be taken of any generally accepted technical or scientific matter within the Board's field of expertise, provided parties appearing at the hearing shall be informed of the matters to be noticed. The Board or presiding officer shall specify the matters of which official notice is to be taken. Parties shall be given a reasonable opportunity on request to refute officially noticed technical or scientific matters in a manner to be determined by the Board or presiding officer.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 13263 and 13378, Water Code.





s 648.3. Evidence by Reference.
Public records of the Board that are relevant to the subject of the hearing, and books, reports, and other evidence that have been prepared and published by a public agency, if otherwise admissible, may in the discretion of the Board be received in evidence as exhibits by reference without the necessity of supplying copies to the Board and other parties, provided the original or a copy is in the possession of the Board and the specific file folder or other exact location where it can be found is identified. The party offering an exhibit by reference shall designate the particular portions on which the party relies. Each exhibit shall be appropriately identified and designated in the record as an exhibit of the party offering the exhibit or an exhibit of Board staff.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 13263 and 13378, Water Code.





s 648.4. Identification of Witnesses; Presubmission and Presentation of Testimony and Exhibits.
(a) It is the policy of the State and Regional Boards to discourage the introduction of surprise testimony and exhibits.
(b) The hearing notice may require that all parties intending to present evidence at a hearing shall submit the following information to the Board prior to the hearing: the name of each witness whom the party intends to call at the hearing, the subject of each witness' proposed testimony, the estimated time required by the witness to present direct testimony, and the qualifications of each expert witness. The required information shall be submitted in accordance with the procedure specified in the hearing notice.
(c) The hearing notice may require that direct testimony be submitted in writing prior to the hearing. Copies of written testimony and exhibits shall be submitted to the Board and to other parties designated by the Board in accordance with provisions of the hearing notice or other written instructions provided by the Board. The hearing notice may require multiple copies of written testimony and other exhibits for use by the Board and Board staff. Copies of general vicinity maps or large, nontechnical photographs generally will not be required to be submitted prior to the hearing.
(d) Any witness providing written testimony shall appear at the hearing and affirm that the written testimony is true and correct. Written testimony shall not be read into the record unless allowed by the presiding officer.
(e) Where any of the provisions of this section have not been complied with, the presiding officer may refuse to admit the proposed testimony or the proposed exhibit into evidence, and shall refuse to do so where there is a showing of prejudice to any party or the Board. This rule may be modified where a party demonstrates that compliance would create severe hardship.
(f) Rebuttal testimony generally will not be required to be submitted in writing, nor will rebuttal testimony and exhibits be required to be submitted prior to the start of the hearing.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 13263 and 13378, Water Code.





s 648.5. Order of Proceedings.
(a) Adjudicative proceedings shall be conducted in a manner as the Board deems most suitable to the particular case with a view toward securing relevant information expeditiously without unnecessary delay and expense to the parties and to the Board. Adjudicative proceedings generally will be conducted in the following order except that the chairperson or presiding officer may modify the order for good cause:
(1) An opening statement by the chairperson, presiding member, or hearing officer, summarizing the subject matter and purpose of the hearing;
(2) Identification of all persons wishing to participate in the hearing;
(3) Administration of oath to persons who intend to testify;
(4) Presentation of any exhibits by staff of the State or Regional Board who are assisting the Board or presiding officer;
(5) Presentation of evidence by the parties;
(6) Cross-examination of parties' witnesses by other parties and by Board staff assisting the Board or presiding officer with the hearing;
(7) Any permitted redirect and recross-examination;
(b) Questions from Board members or Board counsel to any party or witness, and procedural motions by any party shall be in order at any time. Redirect and recross-examination may be permitted.
(c) If the Board or the presiding officer has determined that policy statements may be presented during a particular adjudicative proceeding, the presiding officer shall determine an appropriate time for presentation of policy statements.
(d) After conclusion of the presentation of evidence, all parties appearing at the hearing may be allowed to present a closing statement.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 11126, Government Code.





s 648.5.1. Rules of Evidence.
Adjudicative proceedings will be conducted in accordance with the provisions and rules of evidence set forth in Government Code section 11513. Hearsay evidence is admissible subject to the provisions of Government Code section 11513.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 13263 and 13378, Water Code.





s 648.6. Alternative Dispute Resolution.
Pursuant to article 5, commencing with section 11420.10, of chapter 4.5 of the Administrative Procedure Act, the State Board or any Regional Board may refer a dispute in a proceeding before it to mediation or nonbinding arbitration to resolve any adjudicative issues pending before it. Under no circumstances may any Board refer an issue to arbitration that is binding upon it with respect to adjudicative issues pending before that Board.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 11420.10, Government Code; and Sections 183, 13263 and 13378, Water Code.





s 648.7. Informal Hearings.
Unless the hearing notice specifies otherwise, the presiding officer shall have the discretion to determine whether a matter will be heard pursuant to the informal hearing procedures set forth in article 10, commencing with section 11445.20, of chapter 4.5 of the Administrative Procedure Act.
Among the factors that should be considered in making this determination are:
The number of parties,
The number and nature of the written comments received,
The number of interested persons wishing to present oral comments at the hearing,
The complexity and significance of the issues involved, and
The need to create a record in the matter.
An objection by a party, either in writing or at the time of the hearing, to the decision to hold an informal hearing shall be resolved by the presiding officer before going ahead under the informal procedure. Failure to make a timely objection to the use of informal hearing procedures before those procedures are used will constitute consent to an informal hearing. A matter shall not be heard pursuant to an informal hearing procedure over timely objection by the person to whom agency action is directed unless an informal hearing is authorized under subdivision (a), (b), or (d) of section 11445.20 of the Government Code.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 13263 and 13378, Water Code.





s 648.8. Enforcement Orders and Sanctions.
(a) The presiding officer or Board shall have the power to impose sanctions as specified in Sections 11455.10 and 11455.30 of the Government Code.
(b) If the Board cites a person for contempt for any of the actions listed in Section 11455.10 of the Government Code, then the matter shall be certified to the superior court for contempt proceedings without further review by the Board. If the Board orders payment of costs pursuant to Section 11455.30 of the Government Code, then the order is effective upon issuance.
(c) Board Review of Enforcement Orders and Sanctions Imposed by Hearing Officers and Hearing Panels.
(1) If the presiding officer is a Board member or other hearing officer or hearing panel authorized by the Board to conduct the hearing, a citation for contempt issued pursuant to Section 11455.10 of the Government Code or an order for payment of costs issued pursuant to Section 11455.30 of the Government Code is subject to review by the Board as provided in this subdivision.
(2) The person or persons subject to the citation or order may request a hearing before the Board within 10 days of entry of the citation or order. The hearing will take place at the next regularly scheduled meeting of that Board, subject to the limitations of the Bagley-Keene Open Meeting Act (Article 9 [commencing with Section 11120] of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). If the Board determines that the actions listed in Section 11455.10 of the Government Code occurred, then the matter shall be certified to the superior court for contempt proceedings. The Board may affirm, set aside, or modify as appropriate an order entered to pay reasonable expenses pursuant to the provisions of Section 11455.30 of the Government Code.
(3) If the person or persons subject to a citation or order fails to request a hearing before the Board within 10 days of entry of the citation or order, then the citation or order is final and subject to enforcement pursuant to Sections 11455.20 and 11455.30 of the Government Code.
(d) A determination by a Regional Board pursuant to this section is not subject to review by the State Board under Water Code Section 13320.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 13263 and 13378, Water Code.





s 649. Scope.
(a) "Rulemaking proceedings" shall include any hearings designed for the adoption, amendment, or repeal of any rule, regulation, or standard of general application, which implements, interprets or makes specific any statute enforced or administered by the State and Regional Boards.
(b) "Informational proceedings" shall include any hearings designed to gather and assess facts, opinions, and other information relevant to any matters within the jurisdiction of the Boards and whose primary purposes are to assist the Boards in the formulation of policy or guidelines for future Board action; to inform the public of Board policies, reports, orders, plans, or findings; and to obtain public comment and opinion with respect to such policies, reports, orders, plans, or findings, or to adopt such policies, reports, orders plans, or findings.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 183, Water Code, and Sections 11340 et seq., Government Code.


s 649.1. Rulemaking Proceedings.
Proceedings to adopt regulations, including notice thereof, shall, as a minimum requirement, comply with all applicable requirements established by the Legislature (Government Code Section 11340, et seq.). This section is not a limitation on additional notice requirements contained elsewhere in this chapter.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 183, Water Code, and Sections 11340 et seq., Government Code.


s 649.2. Notice of Informational Proceedings.
The notice of informational proceedings shall include:
(1) A statement of the nature and purpose of the proceedings;
(2) A statement of the time, date, and place of each proceeding.
Notice of informational proceedings shall, as a minimum requirement, comply with applicable requirements of Section 647.2. This section is not a limitation on additional notice requirements contained elsewhere in this chapter.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 183, Water Code, and Sections 11340 et seq., Government Code.


s 649.3. Order of Procedure.
Rulemaking or informational proceedings shall be conducted in the following order; provided, however, that the Chairperson or presiding member may modify the order for good cause:
(1) An opening statement by the Chairperson or presiding member summarizing the subject matter and purpose of the proceeding.
(2) Presentation of comments or evidence by the staff of the Regional or State Board.
(3) Presentation of comments or evidence by interested persons.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 183, Water Code, and Sections 11340 et seq., Government Code.


s 649.4. Prepared Written Evidence.
The State or Regional Board may require that prepared written testimony or other evidence be submitted in advance of any rulemaking or informational proceeding for the purpose of the orderly consideration of issues at the proceeding.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 183, Water Code, and Sections 11340 et seq., Government Code.


s 649.5. Questioning.
Questions from Board members, staff or legal counsel are in order at any time. Persons wishing to have prior evidence or comments clarified should request the Chairperson, presiding member, or hearing officer, to obtain the answer or clarification. The Chairperson, presiding member, or hearing officer, may allow additional answers to be given as appropriate based on, but not limited to, the following considerations:
(1) The need to accommodate all the various interests within the time allotted for the proceeding;
(2) The area of inquiry to be pursued by further questioning;
(3) The adequacy of questioning already provided in covering the area of inquiry; and
(4) The alternative of permitting the questions to be submitted in writing, with such questions and answers becoming part of the record.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 183, Water Code, and Sections 11340 et seq., Government Code.



s 649.6. Subpoenas.
(a) Upon its own motion or upon request of any person, the Board may issue subpoenas and subpoenas duces tecum for attendance at a proceeding and for production of documents at any reasonable time and place or at a hearing.
(b) Article 11 (commencing with section 11450.05) and article 12 (commencing with section 11455.10) of chapter 4.5 of part 1 of division 3 of title 2 of the Government Code shall apply to the issuance of a subpoena or subpoena duces tecum in an adjudicative proceeding. The Board may also compel attendance, testimony, or the production of evidence as provided in article 3 (commencing with section 1090) of chapter 3 of part 1 of division 2 of the Water Code.
(c) Section 1086 of the Water Code does not apply to any witness required to attend an adjudicative proceeding pursuant to article 11 (commencing with section 11450.05) of chapter 4.5 of part 1 of division 3 of title 2 of the Government Code.
(d) Article 5 (commencing with section 1105) of chapter 3 of part 1 of division 2 of the Water Code applies to any person required to testify or produce any evidence pursuant to a subpoena or subpoena duces tecum or pursuant to a notice issued under section 11450.50 of the Government Code.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 1080 and 13221, Water Code.




s 650. Application for Water.
Any person who wishes to appropriate unappropriated water pursuant to Water Code Section 1202 shall file an application and comply with the provisions of the subchapter.


Note: Authority cited: Section 1058 and 1252, Water Code. Reference: Sections 1200, 1260 and 1375, Water Code.




s 651. Policy.
In acting on applications, petitions for changes, and petitions for extensions of time where reclaimed water is available or water can be reused or reclaimed, the amount of water specified in the application or permit shall be reduced to the extent and in the quantity that, and so long as, the use of reclaimed water or reuse of water is reasonable.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 275, 461, 1253 and 1257, Water Code.




s 652. Application Must Be Accompanied by Minimum Filing Fee.





s 652.5. Application Fees for Small Hydroelectric Projects.


Note: Authority cited: Section 1058, Water Code. Reference: Section 1525.5, Water Code.





s 653. Applications for Water Where an Existing Right Is Claimed.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 1201, 1202, 1253, 1255 and 1375, Water Code.





s 654. Documents That Must Be Sworn To.


Note: Authority cited: Section 1058, Water Code. Reference: Part 2, Division 2, Water Code.





s 654.4. Policy.


Note: Authority cited: Section 1058, Water Code. Reference: Section 275, Chapter 2.5, Division 1 and Part 2, Division 2, Water Code.





s 655. Application.
"Application" means the form entitled "Application to Appropriate Water," the "Environmental Information Form," applicable fees, and the maps required by this subchapter. "Application" includes the form entitled "Supplement to Application" when:
(a) The purpose of use is municipal, industrial, mining, power, temperature control or any other use that is not listed in paragraph 5 of the application; or
(b) The applicant applies to store 25 acre-feet or more of water. These forms are provided by the board.


Note: Authority cited: Sections 1058, 1252 and 1530, Water Code. Reference: Sections 1260, 1375 and 1525, Water Code; and Sections 21080, 21080.1 and 21160, Public Resources Code.





s 656. Complete and Incomplete Applications.
(a)Complete Application.An application shall be considered complete when the board has certified, in writing, that the applicant has fully and completely disclosed all information required in the "application" according to instructions set forth in the form and this subchapter, and has paid the applicable fees.
(b)Incomplete Application.An incomplete application is one that is substantially complete except that it fails in some manner to fully conform to the law or the regulations of the board. It includes an application determined to be incomplete pursuant to Sections 65920 et seq. of the Government Code and an application determined to be defective pursuant to Section 1270 of the Water Code. See Section 675 regarding substantial compliance.


Note: Authority cited: Sections 1058, 1252 and 1530, Water Code. Reference: Sections 1270 and 1525, Water Code; and Sections 65940, 65941 and 65943, Government Code.





s 657. Regulation of Water.
Regulation of water means the direct diversion of water to a tank or reservoir in order that the water may be held for use at a rate other than the rate at which it may be conveniently diverted from its source. For licensing purposes, refill, in whole or in part, held in a tank or reservoir for less than 30 days shall be considered regulation of water.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1240, 1250, 1253 and 1260, Water Code.





s 657.1. Recreational Reservoirs for Subdivisions.


Note: Authority cited: Section 1058, Water Code. Reference: Part 2 (commencing with Section 1200) of Division 2, Water Code.





s 657.2. Stockwatering Reservoirs.


Note: Authority cited: Section 1058, Water Code. Reference: Part 2 (commencing with Section 1200) of Division 2, Water Code.





s 658. Storage of Water.
Storage of water means the collection of water in a tank or reservoir during a time of higher stream flow which is held for use during a time of deficient stream flow. For licensing purposes all initial collections within the collection season plus refill, in whole or in part, held in a tank or reservoir for more than 30 days shall be considered water diverted for storage except as provided in Section 735(c).





s 659. Beneficial Use of Water.
Beneficial use of water includes those uses defined in this subarticle. The board will determine whether other uses of water are beneficial when considering individual applications to appropriate water.


Note: Authority cited: Sections 1058 and 1252, Water Code. Reference: Section 1240, Water Code.





s 660. Domestic Uses.
Domestic use means the use of water in homes, resorts, motels, organization camps, camp grounds, etc., including the incidental watering of domestic stock for family sustenance or enjoyment and the irrigation of not to exceed one-half acre in lawn, ornamental shrubbery, or gardens at any single establishments. The use of water at a camp ground or resort for human consumption, cooking or sanitary purposes is a domestic use.


Note: Authority cited: Section 1058, Water Code. Reference: Section 1254 and 1260, Water Code.





s 661. Irrigation Use.
Irrigation use includes any application of water to the production of irrigated crops or the maintenance of large areas of lawns, shrubbery, or gardens.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1254 and 1260, Water Code.





s 662. Power Use.
Power use means the use of water for hydroelectric and hydromechanical power.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1260 and 1263, Water Code.





s 662.5. Frost Protection Use.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 1253, Water Code.





s 663. Municipal Use.
Municipal use means the use of water for the municipal water supply of a city, town, or other similar population group, and use incidental thereto for any beneficial purpose.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1260 and 1264, Water Code.





s 664. Mining Use.
Mining use means any use of water is for mining processes such as hydraulicing, drilling, and on concentrator tables.


Note: Authority cited: Section 1058, Water Code. Reference: Section 1260 and 1265, Water Code.





s 665. Industrial Use.
Industrial use means the use of water for the purposes, not more specifically defined herein, of commerce, trade or industry.


Note: Authority cited: Section 1058, Water Code. Reference: Section 1260, Water Code.





s 666. Fish and Wildlife Preservation and Enhancement Use.
For purposes of specifying a beneficial use in an application to appropriate unappropriated water, fish and wildlife preservation and enhancement use means using water to maintain or provide habitat or other benefit for fish and wildlife by taking water under control as in the following examples:
(a) The collection or diversion of water to storage for either retention in the reservoir or release downstream for the purpose of preservation or enhancement of fish or wildlife; or
(b) Direct diversion of water for the purpose of preservation or enhancement of fish or wildlife.
This category of water use includes the use of water for the raising of fish or other organisms for scientific purposes or release in the waters of the state.


Note: Authority cited: Section 1058, Water Code. Reference: California Trout, Inc. v. SWRCB, 90 Cal.App.3d 816, 153, Cal.Rptr. 672 (1979); Fullerton v. State Water Resources Control Board, 90 Cal.App.3d 590; 153 Cal.Rptr. 518 (1979); and Sections 1243 and 1260, Water Code.





s 667. Aquaculture Use.
Aquaculture use means the use of water for raising fish or other organisms for commercial purposes, or large scale private use in which the fish or organisms will not be released in waters of the state.


Note: Authority cited: Section 1058, Water Code. Reference: Section 1260, Water Code.





s 667.5. Fish and Wildlife Protection and Enhancement.


Note: Authority cited: Section 1058, Water Code.





s 668. Recreational Use.
Recreational use means the use of water for resorts or other recreational establishments, boating, swimming, and fishing, and may include water which is appropriated by storage and either retained in the reservoir or released downstream to support these purposes. Use of water at a camp ground or resort for human consumption, cooking or sanitary purposes is a domestic use and irrigation of golf courses is an irrigation use.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1243 and 1260, Water Code.





s 668.5. Water Quality Use.


Note: Authority cited: Section 1058, Water Code.





s 669. Stockwatering Use.
Stockwatering use means the use of water for commercial livestock.


Note: Authority cited: Section 1058, Water Code. Reference: Section 1260, Water Code.





s 669.5. Name and Address of Applicant.






s 670. Water Quality Use.
Water quality use includes appropriation of water by storage to be released for the purpose of protecting or enhancing the quality of other waters which are put to beneficial uses.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1242.5 and 1260, Water Code.





s 670.5. Supplement to Application May Be Required.






s 670.6. Instream Beneficial Use Assessment.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 106.7 and 1250.5, Water Code, and Section 21069, Public Resources Code.





s 671. Frost Protection Use.
Frost protection use means the application of water to crops by fine sprays, mists, or sprinklers for the purpose of preventing damage by frost.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1253 and 1260, Water Code.





s 672. Heat Control Use.
Heat control use means the application of water to crops by fine sprays, mists, or sprinklers for the purpose of preventing damage by high temperatures.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1253 and 1260, Water Code.





s 673. General Requirements.






s 674. Requirements for Irrigation Purposes.





s 675. Substantial Compliance.
Upon receipt, an application will be reviewed for compliance with the requirements of the Water Code and this subchapter. An application will be accepted for filing when it substantially complies with the requirements. Substantial compliance means that the application is made in a good faith attempt to conform to the rules and regulations of the board and to the law, and the information submitted and the form of submission are sufficient in view of the particular circumstances to fulfill the purpose of the requirements.


Note: Authority cited: Section 1058 and 1252, Water Code. Reference: Section 1270, Water Code.




s 676. Filing Fees.
An application will not be accepted for initial review or filing unless it is accompanied by the filing fee required by chapter 5 (commencing with section 1061) of this division. If after the initial review of an application described in section 675 the board does not accept the application for filing, the board shall refund the application filing fee, minus the $250 non-refundable initial review fee. The board may cancel an application for failure to pay any annual fee for the application when due.


Note: Authority cited: Sections 1058, 1252 and 1530, Water Code. Reference: Section 1525, Water Code.





s 677. Application Fees for Small Hydroelectric Projects.


Note: Authority cited: Section 1058, Water Code. Reference: Section 1525.5, Water Code.





s 678. Determination of Completeness.
(a) Upon acceptance of an application to appropriate water, the board staff shall, within 30 days, determine whether an application is complete by applying the criteria set forth in this subchapter.
(b) In the event that the board staff determines that the application is incomplete, it shall, in writing, notify the applicant of such determination, shall specify those parts of the application that are incomplete, and shall indicate the manner in which they can be made complete.


Note: Authority cited: Section 1058, Water Code. Reference: Section 1270, Water Code; Section 65943, Government Code.





s 679. Cancellation of Application.
Upon receiving an incomplete application made in a bona fide attempt to conform to the rules of the board and to the law, the board will notify the applicant in what respect his application is incomplete and that unless within 60 days an amended and completed application is filed or good cause is shown for extension of time, following the notice required in Section 678, the application will be subject to cancellation without further notice. Unless within the time prescribed, or such further time as may be allowed for good cause consistent with the provisions of Section 680, an amended and completed application is filed with the board, the application may be cancelled without further notice.


Note: Authority cited: Section 1058, Water Code. Reference: Section 1270 and 1271, Water Code.




s 680. Applications Not Made in a Bona Fide Attempt to Conform to Rules and Law.
Applications which are not made in a bona fide attempt to conform to the rules of the board and to the law, including those in which no effort, or only a token effort, is made to supply one or more of the items of information required by Sections 1260 through 1266 of the Water Code, will not be accepted for filing. When the board's staff determines not to accept such an application, it shall notify the applicant within 30 days of receipt of the application.


Note: Authority cited: Section 1058 and 1252, Water Code. Reference: Sections 1260 and 1270, Water Code.





s 681. Time to Complete and Extensions Thereof.
Upon receipt of a request for an extension of time to complete an application, if good cause is shown the board will grant such time as appears reasonably necessary, Good cause requires a satisfactory showing that a diligent effort has been made to complete the application within the time previously allowed and that failure to do so has been occasioned by obstacles which could not reasonably be avoided. Lack of finances, occupation with other work, physical disability, and other conditions incident to the person and not the enterprise will not generally be accepted as good cause for delay. The board may, in its discretion, require such showing of good cause to be made at a hearing upon notice to the applicant and other interested parties.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1270 and 1271, Water Code.




s 682. Additional Information.
After an application has been determined to be complete, the applicant shall not be required to submit any new or added information which is not set forth or required in or by this Subchapter. An applicant may, however, submit any new or added information on his own behalf, and the board may, in its discretion, hear or consider such information in deciding whether to approve the application.


Note: Authority cited: Section 1058, Water Code. Reference: Section 65944, Government Code.





s 683. Supplemental Information.
(a) Notwithstanding the provisions of Section 682 the board may, in the course of processing the application, and at any time prior to rendering a decision on the application, request an applicant to clarify, amplify, correct, or otherwise supplement the information required in or by this Subchapter and to obtain information necessary to comply with the Public Resources Code Section 21000 et seq.
(b) Failure by an applicant to comply with a written request for information pursuant to subdivision (a) of this section within a reasonable time and in a responsive manner may be cause for the board to cancel or reject the application pursuant to Government Code Section 65956(c) or the State Administrative Manual Permit Guidelines Section 1099, adopted on January 31, 1978. (continued)