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(continued)
Note: Authority cited: Section 1058, Water Code. Reference: Sections 65944 and 65956(b), Government Code; and Section 1255, Water Code.
s 684. Issuance of Notice.
(a) As soon as practicable after receipt of a complete application and, if an instream beneficial use assessment is required by Water Code Section 1250.5 (for a project which proposes the development of a small hydroelectric project) as soon as practicable after the determination that the instream beneficial use assessment is adequate, a notice will be issued by the board. The applicant will be directed to post or publish it.
(b) If a hearing on an application is delayed for more than one year after the close of the protest period, the board may issue a new notice and direct the applicant to post or publish it. The board will take such action when, in its judgment, the record does not reflect up-to-date circumstances because of changes in the project or in the circumstances of affected downstream water users or other interested persons. The board will mail a copy of the new notice to all persons who filed a protest to the application in response to the original notice and will inform them that they may either submit a new protest or stand on their existing protest.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1300, 1310 and 1320, Water Code.
s 685. Effect of Issuance of Notice.
Issuance of a notice of application shall not be construed as a final determination that the application is complete in all details.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 65941, 65943 and 65944, Government Code; and Section 1270, Water Code.
s 686. Separate Applications for Consumptive and Nonconsumptive Uses.
Separate applications shall be filed for consumptive and nonconsumptive uses except that an application for either consumptive or nonconsumptive purposes may include water for strictly incidental domestic, power, industrial, stockwatering, recreational, fish and wildlife enhancement, or water quality uses. For the purpose of this section, nonconsumptive use is one which returns substantially all of the water to a surface stream or other surface body of water. Incidental power is generated when operation of the turbine is incidental to the movement of water to meet requirements for other purposes. Notice of a petition to add incidental uses may be given at the board's discretion, in accordance with Section 795, Article 15 of this subchapter.
Note: Authority cited: Section 1058, Water Code. Reference: Section 1252, Water Code.
s 687. Separate Application for Each Diversion.
When water is to be diverted at two or more places, a separate application shall be filed for each, except that one application will be accepted when:
(a) Successive diversions are made of water from the same stream system for a nonconsumptive use,
(b) The water will be used for common purposes at adjoining places of use and when the works required for each diversion will be constructed simultaneously with all the other units of the project. Units of a project to be constructed by stages at different times which involve separate diversions of water shall be covered by separate applications, or
(c) Water will be stored in several reservoirs in the same watershed or general locality, provided there shall not be included in one application more than 5 reservoirs.
Note: Authority cited: Section 1058, Water Code. Reference: Section 1252, Water Code.
s 688. Separate Applications for Separately Owned Places of Use.
Separate applications shall be filed when two or more parties desire to cooperate in the construction and operation of a common system for direct diversion of water (not proposing the use of water stored in a reservoir) but will use water on separately owned parcels. Such applications may be filed simultaneously and thereby establish an equal priority, either by personal delivery of the applications or by forwarding them in the same envelope.
Note: Authority cited: Section 1058, Water Code. Reference: Section 1252, Water Code.
s 689. Separate Application for Frost Protection.
Direct diversion for frost protection shall be the subject of a separate application, except where such uses are clearly incidental to other uses is areas other than in Napa Valley. Existing permits for frost protection direct diversion combined with other uses may be separated into separate permits when an order is issued allowing an extension of time or a change in the permit. Separate licenses or a permit and a license may be issued upon completion of the separate portions of the project if appropriate.
Note: Authority cited: Section 1058, Water Code. Reference: Section 1252, Water Code.
s 690. Application by an Agency Representing Users Within a Combined Place of Use.
An application by an agency proposing to serve water to several separately owned parcels of land will be accepted when that agency is competent to take title to the water right (for example, an irrigation district or a mutual water company).
Note: Authority cited: Section 1058, Water Code. Reference: Section 1252, Water Cod.
s 691. Joint Applications.
(a) Two or more persons proposing to share in the use of water stored in a reservoir or proposing a common place of use (such as the irrigation of jointly owned property), shall file a joint application.
(b) A joint application shall clearly indicate the nature and extent of the respective rights of each applicant in the ownership and operation of the proposed reservoir and to any water right received. Joint applicants shall designate one person to receive correspondence from the board and to act for them in all matters pertaining to the usual processing of the application.
Note: Authority cited: Section 1058, Water Code. Reference: Section 1252, 1260 and 1775, Water Code.
s 692. Definitions.
Note: Specific authority cited: Sections 1058 and 13991(g), Water Code. Specific reference cited: Part 2, Division 2, Chapters 3-5, 8 and 14, Division 7, Water Code; and Divisions 1-2, Title 7, Government Code.
s 692.3. Determination of Completeness.
Note: Specific authority cited: Sections 1058 and 13991(g), Water Code. Specific reference cited: Part 2, Division 2, Chapters 3-5, 8 and 14, Division 7, Water Code; and Divisions 1-2, Title 7, Government Code.
s 692.5. Additional Information.
Note: Specific authority cited: Sections 1058 and 13991(g), Water Code. Specific reference cited: Part 2, Division 2, Chapters 3-5, 8 and 14, Division 7, Water Code; and Divisions 1-2, Title 7, Government Code.
s 692.7. Supplemental Information.
Note: Specific authority cited: Sections 1058 and 13991(g), Water Code. Specific reference cited: Part 2, Division 2, Chapters 3-5, 8 and 14, Division 7, Water Code; and Divisions 1-2, Title 7, Government Code.
s 693. Statement of Reasons and Request for Time to Complete.
s 694. Time to Complete and Extensions Thereof.
s 695. Unappropriated Water.
A permit can be issued only for unappropriated water. Unappropriated water does not include water being used pursuant to an existing right, whether the right is owned by the applicant, or by another person. (For the relationship between new applications and existing rights, see Section 731.)
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1202 and 1375, Water Code.
s 696. Applications Reasonably Necessary for Beneficial Use -How Stated.
The amount of water for which to apply is governed by the estimated amount which can be put to beneficial use including reasonable conveyance losses, and shall be stated in the definite terms of some established unit of measurement, such as cubic feet per second, gallons per minute or per day, or acre-feet per annum.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 275, 1240, 1241, 1252 and 1260, Water Code.
s 697. Examples of Amounts Considered Reasonably Necessary.
The amount of water considered reasonably necessary for certain uses when the appropriation will be by direct diversion shall be determined in the following manner:
(a) Irrigation Use.
(1) In most portions of the central valley of California and elsewhere in the State where similar conditions prevail a duty of one cubic foot per second continuous flow to each 80 acres shall be considered a reasonable headgate duty for most crops. Where there is a greater abundance of water and a heavy transportation loss, or the land to be irrigated is of a porous, sandy or gavelly character a continuous flow allowance of one cubic foot per second to each 50 acres may be considered reasonable. Under other conditions where water supply is less abundant and conditions are favorable to a more economical use a duty of one cubic foot per second to 150 acres may be considered reasonable for most crops. For the irrigation of rice the customary allowance shall be one cubic foot per second continuous flow to each 40 acres of irrigated land.
(2) The equivalent of these continuous flow allowances for any 30 -day period may be diverted in a lesser time at a greater rate so long as there is no interference with other users, and a clause allowing such rotation will be included in a permit issued for irrigation purposes.
(b) Domestic Use. Allowances for domestic use are variable, depending upon the character of the place of use, method of use, character of use and availability of water. The quantities considered reasonable for the respective domestic uses are as follows:
Homes, Resorts, Motels, Organization
Camps, etc.
Fully plumbed 55 to 75 gallons per day per person
Sink and flush toilet only 40 gallons per day per person
Sink and shower only 35 gallons per day per person
Sink only 25 gallons per day per person
Outside supply only 15 gallons per day per person
Cafe, fountain, etc 2.5 gallons per day per person
Camp Grounds
Depending upon facilities provided, allowances range from 5 gallons per day per person, where faucets only are provided, to 30 gallons per day per person where washbowls, showers, flush toilets and laundry trays are provided.
Lawn, Garden, Orchard and
Grounds
Irrigation 18.5 gallons per day per 100 square feet
Sprinkling to allay dust. 7.5 to 10 gallons per day per 100 square feet
Livestock
Milch cows 30 gallons per day per head
Horses 15 gallons per day per head
Goats and hogs 2.5 gallons per day per head
Poultry, rabbits, etc 0.25 gallon per day per head
(c) Stockwatering Use. For use for watering commercial livestock, the quantities considered reasonable are as follows:
Range cattle and horses 15 gallons per day per head
Hogs and goats 2.5 gallons per day per head
Sheep 1.5 gallons per day per head
Milch cows 30 gallons per day per head
Hosing out dairy barn 35 gallons per day per head
Note: Authority cited: Section 1058, Water Code. Reference: Section 275, 1240 and 1252, Water Code.
s 698. Action upon an Application for an Excessive Amount.
An application for an amount of water clearly in excess of the capacity of the proposed diversion works or in excess of an amount reasonably necessary for the proposed use will not be approved and shall be reduced.
In the event of uncertainty, a showing of need for and ability to divert additional water will be required of the applicant.
Note: Authority cited: Sections 1058, Water Code. Reference: Section 2, Article X, California Constitution; and Section 275, Water Code.
s 698.5. Separate Application for Frost Protection.
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 1253, Water Code.
s 699. Limitation upon Application and Right Obtained.
Neither the amount of water applied for, not the season of diversion, as stated in the application as first filed can subsequently be increased in the application or in a permit or license issued on the application.
Note: Authority cited: Section 1058, Water Code. Reference: Section 1450, Water Code.
s 700. Approval of Applications for Partial Season of Use.
When unappropriated water is not available to the applicant during the entire season for which the use of water is needed, an application may be approved for the portion of the season during which unappropriated water is available, provided the applicant first supplies to the board reasonable assurance that water can and will be obtained from an alternate source during the remainder of the season without impairing the prior rights of others.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1202, Water Code.
s 701. Application by an Agency Representing a Combined Use.
s 702. Joint Applications.
s 703. Joint Ownership of Places of Use.
s 705. Form of Application.
An application for a permit to appropriate water shall be typewritten or legibly written in black ink, and filed in duplicate upon a printed form furnished by the board.
Note: Authority cited: Section 1058, Water Code. Reference: Section 1252, Water Code.
s 706. General Requirements.
(a) Applicants shall fill in each blank in the application. Supplements may be attached if there is insufficient space in the blanks of the printed form. If supplement is used it should be attached to the application and marked "Supplement." The data included should be segregated into paragraphs with numbers corresponding to the paragraph numbers and titles of the printed form and should be properly cross-referenced to the form. The application and supplement should include all data and information required to describe the proposed appropriation and use of water.
(b) The board may require the applicant to furnish a brief description of the project and its operation.
(c) General statements and data other than as indicated on the form are not desired as a part of the application but can be submitted in an accompanying letter which will be filed and made a part of the record.
Note: Authority cited: Section 1058, Water Code. Reference: Section 1252, Water Code.
s 707. Legal Nature, Name and Address of Applicant.
If the applicant is other than a natural person, its legal nature shall be given (corporation, partnership, or other entity.) If the application is made by two or more persons, the name of each shall be given, and the address shall be supplied to which notices and other correspondence concerning any matter relating to the application may be mailed. Thereafter, notice mailed to that address will be considered notice to all.
Note: Authority cited: Section 11058, Water Code. Reference: Sections 1252 and 122.5, Water Code.
s 708. Supplement to Application May Be Required.
When directed by the board, the applicant shall supplement the application with a statement showing the maximum quantity of water, in acre-feet or other unit of measurement prescribed by the board, that will be beneficially used each month during the proposed season of use.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 275, 1240, 1252 and 1253, Water Code.
s 709. Instream Beneficial Use Assessment.
(a) The instream beneficial use assessment required by Water Code Section 1250.5 shall provide information including but not limited to:
(1) design, construction and operation of the project;
(2) in the area affected by the project: identification, and quantification, to the extent possible, of fish, wildlife and botanical resources; aquatic, riparian and terrestrial habitats; hydrology, including water quality and quantity relationships; geologic and soil resources; recreational demand; cultural resources; aesthetic values; specially designated or protected species, habitats, areas, or stream sections; and landuse plans;
(3) the applicant's preliminary findings on the flow regime necessary to protect existing resources and beneficial use levels, and assumptions and methodologies used to make this determination;
(4) the applicant's assessment of the effect of the proposed project on existing resources and current beneficial use levels, and assumptions and methodologies used to make this determination.
(b) The board shall develop a mailing list in connection with such applications and make it available to the applicant within 30 days after the application is accepted and given a priority of right (as defined in Water Code Section 1450) so that applicants may contact the parties on the board's mailing list prior to beginning work on the instream beneficial use assessment to obtain their opinion as to the appropriate scope and content of the instream beneficial use assessment.
(c) Applicants for water rights for small hydroelectric projects who are required by Water Code Section 1250.5 to do an instream beneficial use assessment must complete the Instream Beneficial Use Assessment Form. The entire Instream Beneficial Use Assessment Form for Small Hydroelectric Facilities, adopted by the board in June 1983 is incorporated by reference in this section. It may be obtained from the Division of Water Rights of the board.
(1) The applicant should determine the depth of analysis required to complete the "Instream Beneficial Use Assessment Form" after an initial investigation that includes consultation with the appropriate local, state and federal agencies and other interested parties and organizations, which are identified on the board's mailing list. The applicant may also know other interested or potentially affected parties, who should be consulted.
(2) Following consultation with resources management agencies and other interested parties, the applicant should develop a written copy of work for completion of the "Instream Beneficial Use Assessment Form." The written scope of work must be submitted to the Division of Water Rights for staff review. Based upon the staff review, the Division may agree that the applicant should proceed with the instream beneficial use assessment, or alternatively, the Division may schedule a meeting or scoping session to enable the applicant, the responsible resource agencies and other interested and concerned parties to discuss information needs and make recommendations for a revised scope of work acceptable to the Division.
(3) The following definitions are applicable to the Instream Beneficial Use Assessment Form:
(A) "Bedload" refers to the particles in a stream channel that mainly move by jumping, sliding or rolling on or near the bottom of the stream.
(B) "Bank-full capacity" refers to the rate of water flow that completely fills a channel; i.e., the rate at which the water surface is level with the flood plain. The bank-full state is the most effective or dominate channel-forming flow.
(C) "Change in streamflow regime" see (CC) "Streamflow Regime, Change In," below.
(D) "Critical area" refers to the terrestrial or riparian area on either side of the critical reach that is influenced by the amount of streamflow.
(E) "Critical reach" refers to that section of the stream extending either from the point of diversion or, if the project includes an impoundment, the most upstream point of the impoundment to the point of return.
(F) "Critical riparian/wetland area" is the area on either side of the water course that is influenced by the amount of streamflow, and extends from the point of diversion or uppermost point of the impoundment, whichever is the highest upstream point, to the point of return. This area also includes stream influenced wetlands, including but not limited to wet meadows, marshes, swamps and overflow areas.
(G) "Deposition" refers to the laying down of material by erosion or transport by water.
(H) "Ecosystem" refers to a complex system composed of a community of fauna and flora taking into account the chemical and physical environment with which the system is interrelated.
(I) "Erosion" refers to a group of processes whereby earth or rock material is worn away, loosened or dissolved and removed from any part of the earth's surface. It includes the process of weathering, solution, corrosion and transportation.
(J) "Flood frequency curve" refers to a curve that plots over time the probability that floods of given magnitudes will recur.
(K) "Full length of the stream," as used in the "Instream Beneficial Use Assessment Form," will vary with individual site settings and will be determined on a case-by-case basis.
(L) "Groundwater recharge" refers to the addition to the water within the earth that occurs naturally from infiltration of rainfall and from water flowing over the earth materials that allow water to infiltrate below the land surface.
(M) "Habitat" or "primary habitat" refers to the place where an organism lives.
(N) "Habitat, migration" refers to that area which individuals periodically visit or through which individuals periodically pass on their way to another destination.
(O) "Habitat type" refers to a naturally occurring assemblage of plants. (For example: aspen, grove, white alder/willow forest, willow thicket, meadow.)
(P) "International whitewater scale" refers to a scale developed by the American Whitewater affiliation which is used to rate the boating difficulty of a river. Sections of a river are rated on a scale of I to VI, with VI being the most difficult.
(Q) "International scale of river difficulty": (If rapids on a river generally fit into one of the following classifications, but if the water temperature is below 50 degrees Fahrenheit, or if the trip is an extended trip in a wilderness area, the river should be considered one class more difficult than normal.)
CLASS I. Moving water with a few riffles and small waves. Few or no obstructions.
CLASS II. Easy rapids with waves up to 3 feet, and wide, clear channels that are obvious without scouting. Some maneuvering is required.
CLASS III. Rapids with high, irregular waves often capable of swamping an open canoe. Narrow passages that often require complex maneuvering. May require scouting from shore.
CLASS IV. Long, difficult rapids with constricted passages that often require precise maneuvering in very turbulent waters. Scouting from shore is often necessary, and conditions make rescue difficult. Generally not possible for open canoes. Boaters in covered canoes and kayaks should be able to Eskimo roll.
CLASS V. Extremely difficult, long, and very violent rapids with highly congested routes which nearly always must be scouted from shore. Rescue conditions are difficult and there is significant hazard to life in event of mishap. Ability to Eskimo roll is essential for kayaks and canoes.
CLASS VI. Difficulties of Class V carried to the extreme of navigability. Nearly impossible and very dangerous. For teams of experts only, after close study and with all precautions taken.
(R) "Key species" refers to the species of concern in any given circumstances.
(S) "Landslides" refers to the failure of a slope in which the movement of the soil mass takes place along an interior surface of sliding.
(T) "Mudflows" refers to a moving mass of almost liquid material or wet earth caused by rain.
(U) "Nutrient transfer" refers to the transfer of nutrients from land to water through leaching and from water to land in times of floods.
(V) "Primary habitat" refers to the primary place where an organism lives.
(W) "Productivity" refers to the amount of living matter actually produced by the unit being discussed.
(X) "Change in streamflow regime" see (CC) "Streamflow Regime, Change In," below.
(Y) "Riparian vegetation" refers to moisture-loving vegetation along a watercourse which is distinguished from other vegetation by its dependence on the combination of soil moisture and other environmental factors provided by a permanent or intermittent stream.
(Z) "Sediment transfer" refers to the quantity of sediment measured in dry weight or by volume, transported through a stream cross section in a given time. Consists of both suspended load and bedload.
(AA) "Slope stability" refers to an evaluation (almost always qualitative and expressed as a probability) of the tendency for the materials on or constituting a slope (e.g., rocks, soil, snow) to either remain in place or to move downhill.
(BB) "Spoils" refers to loose rock, solid and vegetation debris, left from construction activities.
(CC) "Streamflow regime, cange in" refers to the criteria which shall be considered in determining whether or not the project will change the streamflow regime, including but not limited to, the following:
1. Will the rate and volume of flow be changed?
2. Will the water temperature be changed?
3. Will there be changes in the concentration of dissolved oxygen?
4. Will there be changes in the timing of water releases from any existing water diversion or storage facility?
(DD) "Structural characteristics" refers to the physical or life -form characteristics of the habitat type described in terms of the vertical pattern, including but not limited to overstory, understory or seedling tree, tall or low shrub, perennial or annual herb, and moss or lichen, and the horizontal pattern described in terms of age-class.
(EE) "Suspended solids" refers to the small, solid particles in water that cause a cloudy condition. Particles of suspended sediment tend to settle at the channel bottom (settleable solids), but upward currents in turbulent flow counteract gravitational settling.
(FF) "Substrate" refers to the base on which an organism lives.
(GG) "Tailrace" refers to the channel, downstream of the draft tube, that carries the water discharged from the turbine. The draft tube is the discharge section of the turbine.
(HH) "Turbidity" refers to a measure of the extent to which light passing through water is reduced due to suspended materials. Excessive turbidity may interfere with light penetration and minimize photosynthesis, thereby causing a decrease in primary productivity. It may interfere directly with essential physiological functions of fish and other aquatic organisms, making it difficult for fish to locate a good food source, and altering water temperature.
(d) An instream beneficial use assessment shall be considered adequate when the Division of Water Rights has certified in writing, that:
(1) The applicant has filed with the Division of Water Rights 10 copies of the "Instream Beneficial Use Assessment Form," legibly typed, properly executed, and has fully and adequately provided the information required in the form as determined by the Division of Water Rights.
(2) Within 10 days of the date the form is submitted to the board (1) the Division of Water Rights shall make copies available to resource management agencies, and (2) interested parties shall be notified of the availability of copies for examination at locations open to the public. This will include, at a minimum, two locations in the general area of the project, the Resources Agency Library, and Division of Water Rights headquarters. Copies also may be purchased from the Division at the cost of reproduction.
(3) The applicant has filed final and complete maps as required by the "Instream Beneficial Use Assessment Form," as determined by the Division of Water Rights.
(e) Upon receipt of an instream beneficial use assessment, the division shall, within 90 calendar days, determine whether the assessment is adequate, taking into account the written scope of work, the discussion at the scoping session, if one is held, comments from other agencies and interested parties, and whether the assessment has met procedural requirements. Board approval of the adequacy of the assessment does not constitute endorsement of the assessment's preliminary findings on streamflow regime. (f) When the division determines that an instream beneficial use assessment is adequate, it shall inform the applicant, in writing, of such determination.
(g) If the division determines that an instream beneficial use assessment is inadequate, it shall, in writing, inform the applicant of that determination, shall specify those parts of the assessment that are inadequate, and shall indicate the manner in which they can be made adequate.
(h) To harmonize the provisions of Water Code Section 1250.5 with Article 5 of the Permit Streamlining Act (beginning with Government Code Section 65950) and the California Environmental Quality Act (beginning with Section 21000 of the Public Resources Code.):
(1) When an instream beneficial use assessment is required because a proposed project would change the streamflow regime, the one (or two) year time period within which the board must act pursuant to Water Code Section 1250.5 shall begin when a complete application has been filed and the Division of Water Rights has determined that the instream beneficial use assessment is adequate.
(i) An instream beneficial use assessment form shall not be accepted for filing unless it is filed concurrently with or after the application for the water right permit for the project.
(j) If there is a disagreement regarding any of the following which cannot be resolved at the division level:
(1) whether the streamflow regime will be changed and, therefore an instream beneficial use assessment required;
(2) the scope or content of the instream beneficial use assessment required from the applicant;
(3) the adequacy of an instream beneficial use assessment submitted by an applicant; then, within 30 days from the date of the staff determination any person may petition the board in writing to resolve the matter. Within 30 days following receipt of the petition, the Division of Water Rights shall schedule the matter for a workshop for a determination by the board. The board may either resolve the issue at the workshop or schedule a hearing on the matter.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 106.7 and 1250.5, Water Code; and Section 21069, Public Resources Code.
s 710. Signature of Applicant.
The application and all other writings shall be signed by the applicant or an authorized agent. The board shall presume that any person, other than an applicant, who signs an application or other writing is an authorized agent. The presumption shall be overcome if the board may be charged with actual knowledge that the person signing has no authority to do so.
Note: Authority cited: Section 1058, Water Code. Reference: Section 1252 and 1260, Water Code.
s 711. Documents That Must Be Sworn To.
Applications and accompanying statements, including information required by Section 731, reports required of permittees and licensees and petitions for extension of time and for changes, shall be certified as true under penalty of perjury in accordance with Section 2015.5 of the Code of Civil Procedure.
Note: Authority cited: Section 1058, Water Code. Reference: Section 1051, 1075, 1080, 1100, 1105 and 1252, Water Code.
s 712. Issuance of Notice by Board.
s 713. Effect of Issuance of Notice.
s 714. Application for Permit to Appropriate Water from Wild and Scenic Rivers.
s 715. General Requirements.
(a) A general project map and one copy of suitable scale on a sheet not larger than 28 inches by 40 inches or smaller than 8-1/2 inches by 11 inches shall be filed in connection with each application. This map shall be neatly and accurately drawn and should show the source from which water is to be taken, all dams, main conduits, reservoirs and other facilities, the important streams and tributaries in the area, the place of use, and any other features necessary for ready identification and understanding of the project.
(b) The map shall show the lines of the public land survey by 40 -acre subdivision, section and township if the area is sectionalized. If the area is not sectionized the nearest lines of the public land survey to or across the project area should be extended as if it were surveyed. The lines of any other recorded survey may be used to describe the project, provided, the relation to the lines of the nearest adjacent public land survey is shown.
(c) Points of original diversion, and of rediversion from any natural stream, must be shown either by (1) bearing and distance or co-ordinate distances from some corner of a recorded survey if such a corner exists within a distance of two miles; (2) bearing and distance or co-ordinate distances from some permanent monument or a natural object which can be readily found and recognized, such as the confluence of two known streams; or (3) co-ordinates and zone of the California Co-ordinate System.
(d) The place of use shall be identified by reference to 40-acre subdivision, section, township, range and meridian of the public land survey or projection thereof, or by reference to the smallest subdivision of some other recorded survey if more commonly used within the project area except as otherwise provided in Section 719. If described by reference to some other recorded survey, the lines of the public land survey, or projection thereof, should be shown. The 40-acre subdivisions of the public land survey will be assumed regular unless it be shown otherwise.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260 and 1261, Water Code.
s 716. Maps for Minor Projects.
For minor projects smaller than those specified in Section 717, the board will provide blank township plats upon which the maps may be submitted or the required information may be submitted on U.S.G.S. quadrangle or topographic maps.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260 and 1261, Water Code.
s 717. Maps for Larger Projects.
The following additional maps are required for (1) appropriating more than three cubic feet per second, or (2) constructing a dam which will be under the jurisdiction of the Department of Water Resources for safety, as defined in Sections 6002 and 6003 of the Water Code, or (3) creating a reservoir with a surface area in excess of ten acres, or (4) appropriating more than 1,000 acre-feet per annum by underground storage. (For good cause, the Chief, Division of Water Rights may waive the following requirements for projects defined in (3) above.)
(a) Maps shall be submitted which were prepared by a civil engineer or land surveyor registered or licensed in the State of California.
(b) An original map and one copy are required. The original shall be accurately and permanently rendered to a suitable scale on linen, mylar or equivalent material; the other may be a print thereof.
(c) All maps shall be titled, show the meridian and scale and bear the California certificate and registration number of the engineer or surveyor. The certificate shall: state the name and address of the person making the certificate and whether the map was prepared by him or under his supervision; indicate the source of the information shown thereon, including the dates of actual surveys if such were made; certify that it correctly represents the works described in the accompanying application, the location of streams and ditches in the immediate vicinity, and the acreage to be irrigated; be concluded by the date, signature, and California certificate number of the engineer or surveyor. The following example is a typical certificate:
CERTIFICATE OF ENGINEER (SURVEYOR)
I, John Doe, of 100 Main Street, Sacramento, California, do hereby certify that this map was prepared by me from notes taken during an actual survey made by me (or under my immediate supervision) on _______________________, 20___, (and/or from U.S. Geological Survey 7.5-minute Lincoln and Roseville Topographic quadrangles,) and that it correctly represents the project described in the accompanying application and shows the location of streams and ditches in the immediate vicinity.
/s/ John Doe ___________________________ ___________________________
(date)
California Civil Engineer (Surveyor) Certificate No._________
(d) Contour maps of surface reservoirs shall be submitted with contour intervals not greater than:
Height of dam Maximum contour interval
300 feet or over 40 feet 100 feet or over, but less than 300 feet 20 feet 30 feet or over, but less than 100 feet 10 feet Less than 30 feet 5 feet
For dams less than five feet high, the high water contour shall be shown and the elevation of the maximum and minimum water surfaces shall be stated.
(e) All contour maps shall show the high water line and state the elevation thereof, and include an area-capacity curve or table.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260 and 1261, Water Code.
s 718. Requirements for Municipal Purposes.
Maps accompanying applications for municipal purposes shall show the location of the place of use by outer boundaries. Sections and townships of the public land survey or projections shall be superimposed upon the map.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260 and 1261, Water Code.
s 719. Requirements for Irrigation Purposes.
Where irrigation is proposed by a public district organized under statute, a public utility, or a mutual water company, the exterior boundaries of the general service area may be shown in lieu of compliance with the provisions of Section 715(d). Where irrigation of very large areas is proposed, the board may, in its discretion, waive compliance with the provisions of Section 715(d) and accept as sufficient an identification of the exterior boundaries of the general area to be irrigated.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260 and 1261, Water Code.
s 719.5. Claim of Right Without Compliance with Statutory Procedure.
s 720. Requirements for Power Purposes.
(a) Maps accompanying applications for power purposes shall show the point of diversion, the conduit, penstock and power house and, the point at which the water is returned to the stream.
(b) Applicants applying for more than 3 cubic feet per second direct diversion or 200 acre-feet per annum, shall submit a profile of the penstock on which appears in figures, the elevation of the nozzle if an impulse wheel is to be used, or the elevation of the water surface at the draft tube if a reaction wheel is to be used, and the elevation of the first free water surface above the penstock. The difference between these two elevations must equal the total fall to be utilized.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260, 1261 and 1531, Water Code.
s 721. Requirements for Mining Purposes.
Maps accompanying applications for mining purposes shall show the location of the claims and of the mill if water is to be used in a mill. If water is returned to the stream, the point of return shall be shown.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260 and 1261, Water Code.
s 722. Maps for Underground Storage.
Maps accompanying applications for underground storage shall show the location of points of diversion or rediversion to underground storage, the conduit system, the areas, estimated capacities and locations of spreading grounds, the areas, capacities, and locations of underground reservoirs, and the places of measurement of water diverted to underground storage, and the place of use.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260 and 1261, Water Code.
s 722.5. Abandonment of Protest.
Note: Authority cited: Section 1058, Water Code. Reference: Part 2, Division 2, Water Code.
s 723. Requirements for Other Purposes.
(a) Maps for applications for industrial purposes outside of a municipality or for domestic, recreational, stockwatering, or other purposes not named herein, shall show the location of the place of use by sections, township and range of the public land survey and the 40-acre subdivision thereof.
(b) Maps accompanying applications for domestic use within subdivisions, forest service tracts, etc., shall show the place of use by tract name or number and lot numbers as well as by 40-acre subdivision, section, township, and range.
(c) If the place of use is in an area not covered by a public land survey, the nearest lines of the public land survey should be extended and shown on the map.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260 and 1261, Water Code.
s 724. Filing and Application Without Maps -When Allowed.
For preliminary purposes, the application may be filed without maps or with such maps as are within the present ability of applicant to supply.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1052, 1260 and 1261, Water Code.
s 725. Deferral of CEQA Documents.
Note: Specific authority cited: Sections 1058 and 13991(g), Water Code. Specific reference cited: Part 2, Division 2, Chapters 3-5, 8 and 14, Division 7, Water Code; and Divisions 1-2, Title 7, Government Code.
s 728. Board May Conduct -Co-Operation by Parties.
s 729. Benefits and Detriments; Alternative Projects.
Note: Authority cited: Section 1058, Water Code. Reference: Chapter 6, Part 2, Division 2, Water Code.
s 730. Adding Power Plants to Existing Works.
(a) Persons having a permit or license for the use of water may petition the board to add power use to the permit or license as a beneficial use when the use of water for power can be accomplished with no change in the streamflow regime.
See Section 799 concerning petition for change to allow the addition of power plants to existing works.
(b) A new application must be filed when:
(1) Use of the water for power will change the stream flow regime; or
(2) The applicant does not have a permit, license or other legal right to the water to be appropriated; or
(3) The applicant has a permit or license, but additional water will be used above the maximum amount of water allowed under the existing permit or license.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 106.7, 110, 1200, 1250.5, 1252, 1490 and 1491, Water Code.
s 731. Applications for Water Where an Existing Right Is Claimed.
(a) A person who claims an existing right to the use of water shall be granted a permit or license to appropriate no more water than is needed over that which is available under the existing right to meet the beneficial use requirements of the project. In implementing this requirement, the board will accept an application for an amount of water equal to the total reasonable requirements of a project where the existing right asserted for a common place of use has not been adjudicated or otherwise finally determined. Any permit or license issued by the board pursuant to such an application shall contain a condition which will limit the quantity of water appropriated under the permit or license to the face value of the permit or license less any water available under an existing right subsequently determined to exist for the same place of use in any adjudication or other legally binding proceeding.
(b) Where an applicant claims an existing right to the use of water within the proposed place of use, the applicant shall describe the nature, amount, season, points of diversion and place of use of such claim together with the priority asserted. If the existing right is evidenced by a court decree or other legally binding document, the applicant shall submit a copy of such document unless the board already has a copy in its records.
(c) Any person who obtains a permit or license for a particular place of use and thereafter transfers an existing water right for the same place of use to another place of use without the prior approval of the board shall forfeit all rights under the permit or license.
(d) Any person who obtains a permit or license for a particular place of use without claiming an existing water right for the same place of use and who thereafter exercises a claimed existing right for that place of use without the prior approval of the board shall forfeit all rights under the permit or license.
(e) Any permit or license issued to a person who claims an existing water right for the same place of use shall contain a term requiring the permittee or licensee to take and use water under the existing right only in accordance with law. The permittee or licensee will then be subject to enforcement action by the board for violation of this permit term if the permittee or licensee takes water for there is no entitlement under the existing right in combination with the permit or license.
(f) Any person who has previously obtained a permit or license containing a term obligating the permittee or licensee to waive an existing right for so long as the permit or license remains in effect may have this term deleted upon agreement to be subject to the provisions of subsections (a) through (e) of this section.
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 2, Article X, California Constitution; and Sections 100, 275, 1201, 1202, 1253, 1255, 1375, 1410, 1675 and 1701, Water Code.
s 732. Relationship of Applicant and User.
(a) Filing for Service of a Subdivision. If the applicant is the owner of a subdivision and intends merely to construct and operate the diversion system pending the time that the purchasers of the lots can themselves take over and manage the diversion system, the conditions under which title to the water right shall pass to the purchasers must be clearly established.
(b) Establishment of Relationships. When the applicant will not use the water to be appropriated, but will distribute or supply it to others, the relationship between applicant and the water users must be clearly established.
(c) Jurisdiction of Public Utilities Commission. The board may require sufficient information to indicate whether a proposed distribution of water will be subject to the jurisdiction of the Public Utilities Commission.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1253 and 1375, Water Code.
s 733. Underground Storage.
Applications proposing underground storage shall include the following information upon a form that will be supplied by the board:
(a) The location of each point where it is proposed to divert or redivert water from a natural channel to spreading grounds away from the stream, or to take water under control for direct percolation into the stream channel. All locations shall be described in the manner detailed in Section 715(c).
(b) A description of the physical works used to divert and convey the water and to accomplish the underground storage, including the headworks, conduits and spreading grounds; the capacities of the conduits and spreading grounds; the underground reservoirs, including the projected surface areas and capacities thereof; and the method and points of measurement of the water diverted to and withdrawn from underground storage.
(c) In event an application proposes both surface diversion and underground storage, the appropriate paragraph of the regular form shall be completed regarding surface diversion and in addition the underground features shall be described in the special form as provided in this section.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260 and 1261, Water Code.
s 733.5. Witnesses and Exhibits.
Note: Authority cited: Section 185 and 1058, Water Code. Reference: Sections 183 and 1051, Water Code.
s 734. Applications Within the California Wild and Scenic Rivers System.
(a) No application which proposes an appropriation of water in connection with construction of a dam, reservoir, or other water impoundment facility on any river designated in Public Resources Code Section 5093.54 will be accepted for filing.
(b) An application which proposes an appropriation of water which could affect any river designated in Public Resources Code Section 5093.54, will be accepted for filing. The Secretary of the Resources Agency will be provided special notice of any such application.
No permit shall be issued if the board finds that the appropriation would impair the extraordinary scenic, recreational, fishery, or wildlife values of any such designated river.
(c) An application which proposes an appropriation of water in connection with construction of a water diversion facility on any river designated in Public Resources Code Section 5093.54, other than a dam, reservoir, or other water impoundment facility, will be accepted for filing; provided, no permit shall be issued on any such application unless the Secretary of the Resources Agency first determines (1) that such facility is needed to supply domestic water to the residents of the county or counties through which the river flows, and (2) that such facility will not adversely affect its free-flowing condition or natural character. Such determination shall be in addition to other findings which the board is required by law to make.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 5093.55, 5093.56 and 5093.61, Public Resources Code; and Section 1252, Water Code.
s 735. Napa River, Special.
(a) Budding grape vines and certain other crops in the Napa Valley may be severely damaged by spring frosts. During a frost, the high instantaneous demand for water for frost protection by numerous vineyardists and other water users frequently exceeds the supply in the Napa River stream system. This results in uncoordinated diversions and possible infringements upon other rights. Therefore, all diversions of water from the stream system between March 15 and May 15 determined to be significant by the board or a court of competent jurisdiction shall be considered unreasonably and a violation of Water Code Section 100 unless controlled by a watermaster administering a board or court approved distribution program. Diversions for frost protection and irrigation during this period shall be restricted to: (1) replenishment of reservoirs filled prior to March 15 under an appropriative water right permit, or (2) diversions permitted by the court. (continued)