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(continued)
(b) The service area of the distribution program may be revised at any time by order of the board or the court. The board will retain jurisdiction to revise terms and conditions of all frost protection permits should future conditions warrant.
(c) Under this section diversion of water during the spring frost season from March 15 to May 15 to replenish water stored in reservoirs prior to the frost season is "regulation," as defined in Article 2, Section 657: Replenishment diversion must be to reservoirs for which a permit or license authorizing winter storage prior to the frost season has been issued.


Note: Authority cited: Section 1058, Water Code. Reference: Section 2, Article X, California Constitution; and Sections 100, 275 and 1051.5, Water Code.




s 736. Petitions for Assignment or Release from Priority of Applications Filed Pursuant to Part 2, of Division 6, Sections 10500 et seq. of the Water Code.
(a) Petitions for assignment or release from priority of an application filed pursuant to Section 10500 of the Water Code need not be in any particular form.
(b) Petitions for assignment must be submitted in duplicate and, if the application is not complete, must include a proposed completed application which complies with the requirements set forth in Articles 1 through 7 and Article 10 of this subchapter, to the extent each is applicable.
(c) A petition for assignment or release from priority will not be accepted for filing unless it is accompanied by the filing fee required by chapter 5 (commencing with section 1061) of this division.
(d) If the proposed completed application fails to conform with legal requirements, it will be returned to the petitioner with a statement of the defects.


Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1252, 1260, 1525, 19594 and 10504.1, Water Code.





s 736.1. Hearings in Response to Drought Emergency Conditions.


Note: Authority cited: Section 1058, Water Code. Reference: Section 275 and Division 2, Water Code.





s 737. Time of Filing Petitions.
Two or more petitions for assignment o release from priority of the same application will be considered on their merits without regard to which was filed first.


Note: Authority cited: Section 1058, Water Code. Reference: Section 10504.01, Water Code.





s 737.1. Reconsideration of Board Decisions and Orders.






s 737.2. Petition for Reconsideration.






s 737.4. Board Action.





s 737.5. Procedure Relating to Hearings.






s 738. Protests to Petitions.
Protests to either a petition for assignment or release from priority or to a proposed completed application must be submitted within the time stated in the notice issued by the board or such further time as may be allowed for cause by the board.


Note: Additional authority cited: Section 1058, Water Code. Reference: Section 10504.01, Water Code.




s 738.5. Nature of Action.





s 739. Hearings of Petitions for Release from Priority.
Whenever practicable, the hearing of a petition for release from priority will be combined with the hearing of the application in favor of which the release is requested.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1252, 10504.01, 10504.02 and 10504.1, Water Code.




s 740. Maps and Data Required.






s 741. Notice of Petition.





s 742. Procedure on Petitions.





s 743. Changes Prior to Notice of an Application.






s 744. Changes to Cover Incidental Uses of a Reservoir.






s 745. Protest Requirements.
Protests shall be submitted in writing with a duplicate copy to the applicant and shall substantially comply with the following requirements.
(a) Each protest shall include the name and address of the protestant and show that the protestant has read either the application or the related notice.
(b) If the protest is based on interference with a prior right, there shall be an allegation of specific injury to protestant which will result from the proposed appropriation. The protest shall state the basis of protestant's claim of right to use water and when the use began, the use which has been made in recent years, and present use. The location of protestant's point of diversion shall be described with sufficient accuracy so that the position thereof relative to the point of diversion proposed by applicant may be determined.
(c) The allegation that the proposed appropriation would not be within the board's jurisdiction, would not best conserve the public interest or public trust uses, would have an adverse environmental impact, or would be contrary to law shall be accompanied by a statement of facts supporting the allegation.
(d) Protestant should call attention to any amendment of the application or other grounds for settlement which, if agreed upon, would result in withdrawal of the protest.
(e) The protest shall indicate the manner in which service upon the applicant of a duplicate copy of the protest has been made.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1330 and 1331, Water Code; and National Audubon Society v. Superior Court of Alpine County, 33 Cal.3d 419, 189 Cal.Rptr. 346, 658 P.2d 709 (1983).






s 746. Claim of Right Without Compliance with Statutory Procedure.
A protest based upon a claim of interference with an alleged appropriative or prescriptive right which has not been adjudicated and which is based solely upon use of water commenced since December 19, 1914, without compliance with statutory procedure, will not be accepted.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1330 and 1331, Water Code; and People v. Shirokow, 26 Cal.3d 301, 162 Cal.Rptr. 30, 605 P.2d 859 (1980).






s 747. Time for Filing.
Protests shall be filed within the time stated in the notice of the application or such further time as may, for good cause, be allowed by the board.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1331 and 1331, Water Code.





s 748. Service of Supplements and Correspondence.
A copy of any supplement to the protest or letter concerning the protest shall be served upon the opposing party.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1330, 1331, 1340, 1341, 1350 and 1352, Water Code.





s 749. Rejection of Protest.
A protest will not be accepted if it fails substantially to comply with the requirements of Section 745, fails to state a valid ground of protest, or is based upon issues which are not within the jurisdiction of the board; provided, however, that the board will allow reasonable opportunity to correct a protest or to reach a settlement with the applicant. Since an upstream water user can take water before it reaches a downstream applicant, a protest based upon interference with a prior right of such upstream user normally will not be accepted.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1304 and 1331, Water Code.




s 750. Abandonment of Protest.
Failure of a protestant to respond to correspondence from the board concerning the protest may be interpreted as an abandonment of interest therein. Should such failure occur, the board may, by certified mail, direct the protestant to respond. Failure to respond to such direction within 30 days from the date upon which the letter is received shall be deemed an abandonment of the protest and the protest shall be dismissed without further notice.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1304, 1331, 1331, 1340, 1341, 1342, 1351 and 1352, Water Code.





s 751. Answers to Protests.
The applicant should file an answer to each protest. To facilitate resolution of protests, answers shall be filed not later than 15 days following notification of acceptance of the protest, unless additional time is allowed by the board. A copy of the answer shall be served on the protestant. A statement that protestant has been served shall be filed with the answer together with an indication of the manner of service.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1252 and 1330, Water Code.




s 752. Content of Answers.
If the applicant files an answer to a protest, the answer shall be responsive to the allegations contained in the protest. It should indicate the line of defense which will be presented and any possibilities for settlement of the protest which the applicant may suggest.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1252 and 1330, Water Code.





s 753. Extension of Time for Negotiation.
A request for extension of time within which to file a protest or answer thereto in order to enable negotiation of conflicting claims shall be accompanied by a showing of diligent good faith efforts to reach an agreement between the parties with reasonable prospects of success.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1220 and 1331, Water Code.




s 754. Establishment of Relationship.





s 755. Board May Conduct - Cooperation by Parties.
The board may, in its discretion, conduct a field investigation of the water and other resources affected by an application. The parties may be requested to confer and cooperate with the engineer and other representatives of the board designated to carry our such investigations.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 183, 1051, 1250, and 1251, Water Code; and Sections 21082, 21082.2 and 21100, Public Resources Code.





s 756. Benefits and Detriments; Alternative Projects.
(a) Analysis. The board shall at the request of any party or on its own motion, to the extent practicable, identify and evaluate the benefits and detriments, including but not limited to economic and environmental factors, of the present and prospective beneficial uses of the waters involved and alternative means of satisfying or protecting such uses, and make findings with respect thereto. For example, if releases of stored water may be required in connection with a project, any party may request that the board analyze the potential benefits and detriments, if any, of such releases. These benefits and detriments may be both economic and environmental. Some examples are possible enhancement or mitigation of flows and enhancement or mitigation of water quality downstream which may, in turn, result in economic benefit or economic mitigation to downstream water users and cause a reduction in economic benefit to direct users of project water by reducing the amount of water available for their use.
(b) Source of Information. The applicant may be required, and other parties may be requested, to provide such information as is determined necessary by the board to prepare the evaluation provided for by this section. The board will use the environmental documents prepared for the project and evidence received in any proceeding relative to the application as sources of information to the fullest extent possible.
(c) Time for Filing Request. Any request by a party that the board make the evaluation called for by this section must be received prior to the date of notice of hearing or notice that the board will conduct proceedings in lieu of hearing.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 100, 174, 275, 1242.5, 1243, 1251, 1253, 1256, 1257, 1258, 1391, 1394, 13000, 13001, 13050, 13140, 13141, 13142, 13170 and 13240, Water Code.




s 757. Filing for Service of a Subdivision (Leasing).






s 760. Hearings on Water Right Applications and Other Water Right Matters.
Adjudicative hearings on water right applications and other water right matters shall be conducted in accordance with the procedures set forth in article 2 of chapter 1.5 of this division. Nothing in this section shall limit the Board's authority to conduct nonadjudicative informational hearings.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 1051, 1342, 1345, 1346, 1347, 1348, 1350, 1391 and 1394, Water Code.





s 761. Procedure at Hearings.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 183, 1051, 1251 and 1353, Water Code.





s 762. Witnesses and Exhibits.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183 and 1051, Water Code.





s 762.5. Passage of Water for Fish.


Note: Authority cited: Section 1058, Water Code. Reference: Chapter 6, Part 2, Division 2, Water Code.





s 763. Subpoenas.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 1080, 1082, 1083, 1084, 1085, 1086 and 1090, Water Code.





s 763.5. Release of Stored Water.


Note: Authority cited: Section 1058, Water Code. Reference: Chapter 6, Part 2, Division 2, Water Code.




s 764. Combined Hearings.
The board may hold a hearing to obtain evidence necessary to allow it to adopt or amend a water quality control plan pursuant to Water Code Section 13170 in combination with a hearing regarding a specific water right application or petition for a change, or in connection with a hearing regarding an exercise of the board's reserved jurisdiction. Whenever the board decides to hold a combined hearing and to make only one record for the combined proceeding, the board's hearing shall meet all of the requirements of Part 2 (commencing with Section 1200) of Division 2 of the Water Code.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 179, 179.6 and 183, Water Code.





s 764.5. Investigation of Complaints.





s 764.6. Action by the Board.





s 764.7. Action on the Board's Own Motion.





s 764.8. Licenses.






s 764.9. Policy.


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





s 764.10. Investigations.


Note: Authority cited: Section 1058, Water Code.





s 764.11. Notifications and Orders.






s 764.12. Noncompliance with Order: Revocation of Entitlement.






s 764.13. Noncompliance with Order: Enforcement by Attorney General.





s 764.14. Alternative Procedure.
The procedures established in this article shall be construed as alternative to, and not exclusive of, the procedures established in Chapter 5 of Title 23, California Administrative Code, in accordance with Section 4007 therein.


Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 275, Water Code.





s 764.20. Conservation and Protection of Water Within the Sacramento-San Joaquin Delta and Its Tributary Streams.


Note: Additional authority cited: Sections 100, 275, 13000-13001 and 13140, Water Code. Reference: Chapters 1 and 3, Division 7, Water Code.




s 765. Hearings to Be Held Promptly.
Protested applications will be heard as promptly as practicable in light of all the circumstances. Requests for inordinate delay of hearings or in conducting stipulated proceedings in lieu of hearing will be denied.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 179.6, 183 and 1051, Water Code.





s 766. Failure to Appear -Effect.
Any party who fails to appear at a hearing will not be entitled to a further opportunity to be heard unless good cause for such failure is shown to the board within five days thereafter. The lack of such showing of good cause may, in the discretion of the board, be interpreted as an abandonment of interest in the application.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 183 and 1352, Water Code.





s 767. Hearings in Response to Drought Emergency Conditions.
(a) Any hearing held to consider the taking of action in response to drought emergency conditions shall receive calendar priority over other matters pending hearing before the board.
(b) The board shall give notice of any hearing to consider action in response to drought emergency conditions at least seven days prior to the hearing. The provisions of Section 648.4 of Article 2, relating to submitting proposed exhibits, shall not apply to any such hearing. The time for submitting such materials shall be as specified in the hearing notice.
(c) In addition to any other issues specified in the hearing notice as issues upon which the parties should submit information, the parties to any such hearing shall address the following issues: (1) Existence of a bona fide drought emergency, including information to enable evaluation of the seriousness of the emergency; (2) water conservation measures which have been implemented in the area being served; and (3) availability of alternative sources of water supply, including reclaimed water.


Note: Authority cited: Section 1058, Water Code. Reference: Section 275, 1425, 1427, 1428, 1430 and 1431, Water Code.





s 768. Reconsideration of Board Decisions and Orders.
No later than thirty (30) days after adoption by the board of a decision or order, any person interested in any application, permit or license affected by the decision or order may petition the board for reconsideration of the matter upon any of the following causes:
(a) Irregularity in the proceedings, or any ruling, or abuse of discretion, by which the person was prevented from having a fair hearing;
(b) The decision or order is not supported by substantial evidence;
(c) There is relevant evidence which, in the exercise of reasonable diligence, could not have been produced;
(d) Error in law.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1357 and 1358, Water Code.





s 769. Petition for Reconsideration.
(a) Any petition for reconsideration of a decision or order shall be submitted in writing and shall contain the following:
(1) Name and address of the petitioner.
(2) The specific board action of which petitioner requests reconsideration.

(3) The date on which the order or decision was made by the board.
(4) The reason the action was inappropriate or improper.
(5) The specific action which petitioner requests.
(6) A statement that copies of the petition and any accompanying materials have been sent to all interested parties.
(b) If reconsideration is requested based in whole or in part on Section 768, the petition shall include an affidavit or declaration under penalty of perjury stating that additional evidence is available that was not presented to the board and the reason it was not presented. A general statement of the nature of the evidence and of the facts to be proved shall also be included.
(c) The petition shall be accompanied by a statement of points and authorities in support of legal issues raised in the petition.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1357, 1358 and 1359, Water Code.





s 770. Board Action.
(a) The board may:
(1) Refuse to reconsider the decision or order if the petition fails to raise substantial issues related to the causes for reconsideration set out in Section 768; or
(2) After review of the records, including any hearing transcript and any material submitted in support of the petition:
(A) Deny the petition upon a finding that the decision or order was appropriate and proper; or
(B) Set aside or modify the decision or order; or
(C) Take other appropriate action.
Before taking final action, the board may, in its discretion, hold a hearing for the purpose of oral argument or receipt of additional evidence or both.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 183, 1357, 1358 and 1359, Water Code.





s 771. Procedure Relating to Hearings.
The provisions of Article 11 of the subchapter insofar as they are applicable shall govern hearings under this article.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 183, 1051, 1080, 1357, 1358 and 1359, Water Code.





s 772. Issuance of Separate Permits and Licenses.






s 775. Right of Access Over Lands Not Owned by Applicant.
When the applicant will need to occupy property or to use existing works not owned by him, it will generally be sufficient for the applicant to state in writing that the consent of the owner has been obtained, provided there is no denial. When the owner will not consent, the board may require satisfactory evidence of the applicant's ability through condemnation proceedings or otherwise to secure the necessary right of access before the application will be approved. For good cause shown, the board may allow reasonable time for the applicant to negotiate with the owner for the necessary right of access.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1250, 1252, 1253, 1257 and 1260, Water Code.





s 776. Where Public Agency Permission or Approval Is Required.
If the proposed project will require a permit, license, or approval from another public agency or officer and it become evident that regardless of the action taken by the board, such permit, license, or approval could not be secured from the proper agency, the application will be rejected.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1250 and 1255, Water Code.




s 776.5. Requests for Extension of Time Under Permit.






s 777. Right of Access over Lands Where Title Is Disputed.
The board will not undertake to determine title to land or the right to occupy or use land or other property. A dispute concerning applicant's title or right to occupy or use land or other property necessary for consummation of the proposed appropriation is not cause for denial of an application. A protest based solely upon such disputed title or right will ordinarily be rejected as not presenting an issue within the board's jurisdiction; provided that the board may temporarily defer action on an application pending judicial determination of applicant's title or right to occupy or use property when in the board's judgment such action is justified.


Note: Authority cited: Section 1058, Water Code. Reference: Section 1250, Water Code.





s 778. Request for Extension of Time Under Permits.






s 778.5. Notice of Petitions and Protests.






s 779. Cause for Extension of Time.






s 780. Standard Permit Terms.
The board maintains a list of Standard Permit Terms, applicable portions of which are included in all permits. Copies of the Standard Permit Terms are available upon request. In addition to the applicable standard terms which are included in each permit, the following terms shall be included in every water right permit issued by the board, and shall be included in every existing permit as a condition for granting an extension of time to commence or to complete construction work or to apply the water to full beneficial use:
(a) Continuing Authority. Pursuant to California Water Code Sections 100 and 275 and the common law public trust doctrine, all rights and privileges under this permit and under any license issued pursuant thereto, including method of diversion, method of use, and quantity of water diverted, are subject to the continuing authority of the State Water Resources Control Board in accordance with law and in the interest of the public welfare to protect public trust uses and to prevent waste, unreasonable use, unreasonable method of use or unreasonable method of diversion of said water.
The continuing authority of the board may be exercised by imposing specific requirements over and above those contained in this permit with a view to eliminating waste of water and to meeting the reasonable water requirements of permittee without unreasonable draft on the source. Permittee may be required to implement a water conservation plan, features of which may include but not necessarily be limited to: (1) reusing or reclaiming the water allocated; (2) using water reclaimed by another entity instead of all or part of the water allocated; (3) restricting diversions so as to eliminate agricultural tailwater or to reduce return flow; (4) suppressing evaporation losses from water surfaces; (5) controlling phreatophytic growth; and (6) to installing, maintaining, and operating efficient water measuring devices to assure compliance with the quantity limitations of this permit and to determine accurately water use as against reasonable water requirements for the authorized project. No action will be taken pursuant to this paragraph unless the board determines, after notice to affected parties and opportunity for hearing, that such specific requirements are physically and financially feasible and are appropriate to the particular situation. The continuing authority of the board also may be exercised by imposing further limitations on the diversion and use of water by the permittee in order to protect public trust uses. No action will be taken pursuant to this paragraph unless the board determines, after notice to affected parties and opportunity for hearing, that such action is consistent with California Constitution Article X, Sec. 2; is consistent with the public interest and is necessary to preserve or restore the uses protected by the public trust.
(b) (1) Water Quality Objectives. The quantity of water diverted under this permit and under any license issued pursuant thereto is subject to modification by the State Water Resources Control Board if, after notice to the permittee and an opportunity for hearing, the board finds that such modification is necessary to meet water quality objectives in water quality control plans which have been or hereafter may be established or modified pursuant to Division 7 of the Water Code. No action will be taken pursuant to this paragraph unless the board finds that (1) adequate waste discharge requirements have been prescribed and are in effect with respect to all waste discharges which have any substantial effect upon water quality in the area involved, and (2) the water quality objectives cannot be achieved solely through the control of waste discharges.
(c) Automatic Approval of Permits. Permits approved in accordance with the provisions of Government Code Section 65956 which provides for automatic approval of development applications under certain conditions shall contain terms (a) and (b) of this section and all other applicable Standard Permit Terms, and the season of diversion authorized by the permit shall be consistent with past decisions of the board concerning availability of unappropriated water in the watershed in question.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 100, 106, 275, 1243.5, 1250, 1252, 1253, 1391, 1394, and Division 7, Water Code; National Audubon Society v. Superior Court of Alpine County 33 Cal.3d 419, 189 Cal.Rptr. 346, 658 P.2d 709 (1983); and Section 2, Article X, California Constitution.





s 781. Public Access for Fishing.
In compliance with Fish and Game Code Section 5943, all permits for storage of water on a stream naturally frequented by fish shall require the permittee to accord to the public, for the purpose of fishing, reasonable right of access to the waters impounded by the dam under the permit during the open season for the taking of fish, subject to the regulations of the Fish and Game Commission and, for domestic water supply reservoirs, subject to applicable public health requirements contained in Title 17 of the California Administrative Code.


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





s 782. Passage of Water for Fish.
In compliance with Section 5937 of the Fish and Game Code, all permits for diversion of water from a stream by means of a dam which do not contain a more specific provision for the protection of fish shall require the permittee to allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around, or through the dam to keep in good condition any fish that may be planted or exist below the dam; provided that during a period of low flow in the stream, upon approval of the Department of Fish and Game, this requirement will be satisfied if sufficient water is passed through a culvert, waste gate, or over or around the dam to keep in good condition any fish that may be planted or exist below the dam if it is impracticable or detrimental to pass the water through a fishway. In the case of a reservoir, this provision shall not require the passage or release of water at a greater rate than the unimpaired natural inflow into the reservoir.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1390 and 1394, Water Code.





s 783. Waste Discharge Requirements.
When the permittee is or will be required to file a report of waste discharge pursuant to Section 13260 of the Water Code, the permit shall contain the following term: No water shall be used under this permit until the permittee has filed a report of waste discharge with the California Regional Water Quality Control Board, ________________ Region, pursuant to Water Code Section 13260, and the regional board or State Water Resources Control Board has prescribed waste discharge requirements or has indicated that waste discharge requirements are not required. Thereafter, water may be diverted only during such times as all requirements prescribed by the regional board or state board are being met. No discharges of waste to surface water shall be made unless waste discharge requirements are issued by a regional board or the state board. A discharge to groundwater without issuance of a waste discharge requirement may be allowed if after filing the report pursuant to Section 13260: (1) The regional board issues a waiver pursuant to Section 13269, or (2) The regional board fails to act within 120 days of the filing of the report.
No permittee shall be required to file a report of waste discharge pursuant to Section 13260 of the Water Code for percolation to the groundwater of water resulting from the irrigation of crops.





s 784. Release of Stored Water.
(a) In exercising its discretionary authority respecting applications to appropriate water, including prescribing or modifying permit terms and conditions, the board may require releases of water diverted and stored whenever such releases are determined by the board to be in the public interest or are needed to protect public trust uses of water, if such requirement is reasonable under Article X, Section 2 of the California Constitution.
(b) Notwithstanding subsection (a) of this section, after a permit has been issued and construction has commenced or substantial financial commitment for construction has been undertaken by the permittee, the board will not require a release or bypass of water authorized to be appropriated by such permit unless the permittee agrees to such bypass or release or unless the board at the time the permit was issued expressly reserved jurisdiction to require such bypass or release. This subsection shall not apply to the continuing authority of the board to regulate appropriations of water so as to conform with Section 780 of this subchapter, or to revoke permits as provided in Article 5, Chapter 6, Part 2, Division 2 of the California Water Code. This subsection shall not apply to actions required to implement the provisions of Article 3 (commencing with Section 11460) of Chapter 3, Part 3, Division 6, or Part 4.5 (commencing with Section 12200) of Division 6 of the California Water Code.
(c) Before requiring releases of water pursuant to subsection (a) of this section over the objection of the applicant or permittee, the board will hold a hearing and make findings with respect thereto. The hearing will be limited to a consideration of (1) the basis of any recommendation of the Department of Fish and Game pursuant to Water Code Section 1243; (2) whether such releases are necessary to maintain or enhance beneficial uses or to meet water quality objectives in the relevant water quality control plan; (3) the probable effect of releases upon the applicant's proposed project; (4) evidence to assist in the preparation of dry and critical year relief provisions related to releases; and (5) any other issues which may be relevant to the appropriateness of a release requirement.
(d) The quantity of water required to be released from storage shall be reduced in dry and critical years as defined by the board on a basis determined by the board to be equitable after considering and balancing the effect of reduced quantity upon downstream conditions and upon permittee's project.


Note: Authority cited: Section 1058, Water Code. Reference: Section 100, 174, 275, 2142.5, 1253, 1256, 1257, 1258, 1391, 13000, 13001, 13050, 13140, 13141, 13142, 13170 and 13240, Water Code; and National Audubon Society v. Superior Court of Alpine County, 33 Cal.3d 419, 189 Cal.Rptr. 346, 658 P.2d 709 (1983).






s 785. Surface Diversion or Storage.





s 786. Underground Storage.






s 790. Revocation Hearings.






s 791. Change Petitions.
(a) After notice of an application to appropriate water has been given pursuant to Article 3, changes in point of diversion, place of use, or purpose of use as stated in the application, permit, or license may be allowed only upon petition and provided that the petitioner establishes that the proposed change(s) will neither in effect initiate a new right nor injure any other legal user of water.
(b) Upon petition under Water Code Section 1740, the board may approve changes in point of diversion, place of use or purpose of use in a water right determined by a court decree issued pursuant to Water Code Section 2500 et seq. after January 1, 1981. The petitioner shall provide the same factual basis for a temporary, long-term, or permanent change in a water right determined under Water Code Section 2500 et seq. as would be required for a temporary, long-term, or permanent change under a permit or license.
(c) See Sections 686, 730 and 799 regarding the addition of generation of power as a purpose of use.
(d) For purposes of Article 15 and 16, "petition" shall be deemed to include the notice or notification provided by the water right holder under Water Code Sections 1726 and 1727.
(e) The procedures set forth in Articles 15, 16, 16.5 and 17 shall be followed as nearly as possible when filing and processing petitions for changes in permits or licenses other than changes in point of diversion, place of use, and purpose of use.
(f) A petition 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 a petition described in this section the board does not accept the petition for filing, the board shall refund the petition filing fee, minus the $250 non-refundable initial review fee.
(g) The board may cancel a petition for failure to pay any annual fee for the petition when due.


Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1525, 1701, 1702, 1725, 1726, 1727, 1735 and 1740, Water Code.




s 792. Nature of Approval Action.
(a) Prior to issuance of a permit, a petition for change shall set forth amendments to the application or be accompanied by an amended application reflecting the proposed change(s). Thereafter consideration of the application will be based upon the amended application.
(1) If the petition is filed prior to issuance of the notice of application (See Article 3), amendments to the application shall be reflected in the application notice.

(2) If the petition is filed after issuance of the notice of application and prior to issuance of a permit, the application shall be renoticed using the procedures in Article 3.
(b) A proposed change in an existing permit or license, or a proposed change pursuant to Water Code Section 1740 in a water right determined by a court decree issued pursuant to Water Code Section 2500 et seq. after January 1, 1981, may be approved in an order. Any order approving a change will consist of an order designating the new point of diversion, place of use or purpose of use, and any terms and conditions, to be attached to the permit or license as a part thereof. At its option, the board may issue an amended permit or license. For temporary changes, the terms and conditions shall be those necessary to avoid or mitigate adverse impacts that would result from the transfer or to ensure reasonable and beneficial use of water by the transferee during the period of the transfer.
(c) Any order approving a change under Articles 15, 16, 16.5, or 17 shall (1) identify existing rights and current uses of water, (2) designate the amount(s) of water involved in the change, (3) designate the quantities of current and new or temporary beneficial uses of water, (4) designate the existing and new or temporary point(s) of diversion, places(s) of use, and purpose(s) of use, (5) include any required statutory findings, and (6) include any terms and conditions to which approval of the change is subject. Any order approving a change under Articles 15, 16.5, or 17 shall include compliance with any applicable requirements of Division 13 (commencing with Section 21000) of the Public Resources Code.


Note: Authority cited: Section 1058, Water Code. Reference: Section 1435, 1438(a), 1547, 1547.1, 1701, 1702, 1705, 1725, 1726, 1727, 1735 and 1740, Water Code.




s 793. Filing Fee When Multiple Changes or Rights Involved.


Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1436 and 1525, Water Code.




s 794. Petition Information and Map Requirements.
(a) A petition for change(s) submitted by a permittee or licensee, or submitted pursuant to Water Code Section 1740 by a holder of a water right determined under Water Code Section 2500 et seq. after January 1, 1981 shall identify the amount(s) and holder(s) of the right(s) involved and shall include the following information and map(s):
(1) The amount(s) of water which would have been diverted, consumptively used, or stored under the water right in the absence of the proposed change(s), (a) during the period for which the change is requested, or (b) in a maximum year if the change is permanent;
(2) The amount(s) of water proposed for change, transfer or exchange;
(3) The existing and the proposed purpose(s) of use of water;
(4) The existing and the proposed point(s) of diversion and rediversion, and the existing and proposed location(s) of any return flow;
(5) The existing and the proposed place(s) of use of the water for various purposes of use;
(6) The existing and the proposed diversion, release and return flow schedules if stored water is involved or if the streamflow regime will be changed;
(7) Any changes in property ownership(s) involved, and the point(s) of diversion and place(s) of use of other known users of water who may be affected by the proposed change(s);
(8) Information identifying any effects of the proposed change(s) on fish, wildlife, and other instream beneficial uses;
(9) Information identifying any effects of the proposed change(s) on other known users of water, including identification in quantitative terms of any projected change in water quantity, water quality, timing of diversion or use, consumptive use of the water, reduction in return flows, or reduction in the availability of water within the streams affected by the proposed change(s);
(10) The parties involved in the proposed change, transfer or exchange;
(11) Map(s) prepared in accordance with Article 7 which describe the proposed change(s), delineate any additional information required by Items (4), (5), and (7) above, and show the hydrologic basin of origin and the streams which could be affected by the proposed change(s).
(12) The proposed place(s) of use for irrigation may be listed as net acreage(s) within gross area(s) shown on a map submitted with the petition.
(b) Water right holders proposing a change in point of diversion, place of use or purpose of use shall provide preliminary information and map(s) required by subdivision (a) to, and shall request consultation with, the Department of Fish and Game and the appropriate Regional Water Quality Control Board regarding the potential effects of the proposed change(s) on water quality, fish, wildlife, and other instream beneficial uses.
(c) Before approval of a change petition, any water right holder petitioning for a change in point of diversion, place of use or purpose of use shall provide to the board all comments of the Department of Fish and Game and the Regional Water Quality Control Board in response to the request for consultation required by subsection (b).
(d) The petition for change(s) will not be accepted for filing unless it contains all of the information required by subdivision (a) and proof that a copy of the petition has been served on the Department of Fish and Game.


Note: Authority cited: Sections 1058, 1436 and 1726, Water Code. Reference: Sections 1435, 1436, 1437, 1438(a), 1702, 1726, 1727 and 1740, Water Code.





s 795. Notice of Change Petitions.
(a) After a petition has been filed for change(s) in point of diversion, place of use, or purpose of use, the petitioner shall cause notice to be given or published if and as required by the board. The board's notice requirements shall be based on the potential effects of the proposed change(s) on legal users of water and on fish, wildlife, and other instream beneficial uses of water. The board will not ordinarily require that notice be given or published in cases where the proposed change(s) do not have the potential to impair the water supply of other legal users of water or instream beneficial uses, except that in all cases the petitioner shall notify the Department of Fish and Game in writing of the proposed change(s). Examples of petitions for which notice will not ordinarily be required, include the following:
(1) Petition for a change in point of diversion which does not change the point relative to diversion points of others and tributary sources on the same stream;
(2) Petition for a change of place of irrigation use from one parcel to another provided that the return flow is unchanged;
(3) Petition for a change in purpose of which would add clearly incidental uses to, or substitute incidental uses for, permitted or licensed uses which are themselves incidental to the principal use of water stored in a reservoir. For the purpose of this section, incidental uses are limited to the following beneficial uses of water: stockwatering; fire protection; non-commercial recreation; non-commercial wildlife preservation or enhancement; generation of power; non-industrial dust control; or soil conservation.
(b) At any time any person may file with the board a written request to receive notice of the filing of change petitions. Thereafter the board shall mail or deliver a copy of each such notice to the person filing the request, including a statement of the time within which any protest, comment, or objection must be filed.


Note: Authority cited: Section 1058 and 1726, Water Code. Reference: Sections 106.7, 110, 1250.5, 1312, 1491, 1703, 1704, 1736 and 1740, Water Code.




s 796. Protest Procedure on Change Petitions.
The provisions of Articles 9, 10, and 11, insofar as they are applicable, shall govern protests, answers to protests, investigations, and hearings of petitions for change(s) under Articles 15 and 17, including minor protested petitions for change. The procedures for notification of and objection to temporary changes due to transfer or exchange of water or water rights, or temporary urgency changes are provided in Articles 16 and 16.5 respectively.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1438, 1703, 1704, 1704.1, 1704.2, 1704.3, 1725, 1736 and 1740, Water Code.




s 797. Changes Prior to Notice of an Application.


Note: Authority cited: Section 1058, Water Code. Reference: Section 1701, Water Code.




s 798. Changes to Cover Incidental Uses of a Reservoir.
When an applicant, permittee or licensee proposes incidental use of a reservoir for stockwatering, fire protection, recreation, fish culture, or other similar purposes which consume a minimal quantity of water and
(a) such purposes are not listed in the application, permit or license, or
(b) the reservoir is not described as a place of use, or
(c) the reservoir covers land not included in the described place of use, then no petition need be filed to correct such an omission, provided that the board finds that no person would be adversely affected by such corrections. The board may make such corrections at any time such omissions are discovered.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1700, 1701 and 1702, Water Code.





s 799. Petition for Change to Add a Power Plant to Existing Works.
(a) Persons having a permit or license for the use of water may petition the board to add generation of power to the permit or license as a beneficial use when the water can be used for the generation of power without changing the streamflow regime. The criteria that shall be considered in determining whether there would be a change in the streamflow regime include, but are 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 or turbidity? (4) Will there be changes in the timing of water releases from any existing water diversion or storage facility? (5) Will there be a change in the point of discharge or will any additional section of watercourse be bypassed?
(b) See Section 730 concerning when a new application must be filed.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 106.7, 110, 1250.5, 1381, 1394, 1396, 1397, 1490, 1491, 1611, 1700, 1701, 1702, 1703, 1704, 1704.1, 1704.2, 1704.3, 1704.4, 1705, 1705.5 and 1706, Water Code.





s 800. Temporary Changes.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1726 and 1727, Water Code.





s 801. Notice of Temporary Change.
The petition for temporary change submitted by the water right holder under Water Code Section 1726 shall include the information required by Section 794.


Note: Authority cited: Section 1058, Water Code. Reference: Section 1726, Water Code.





s 802. Map Requirements.


Note: Authority cited: Section 1058, Water Code. Reference: Section 1726, Water Code.





s 803. Action by the Board Regarding Temporary Changes.


Note: Authority cited: Section 1058, Water Code. Reference: Sections 1725 and 1727, Water Code.





s 804. Public Notice and Objections to Proposed Temporary Changes.
(a) Within ten days after the receipt of a petition meeting the requirements of Section 801, the board will send notice of the petition or contact all legal users of water known to the board who may be affected by the proposed temporary change(s).
(b) Any interested person may file an objection to the proposed change(s) with the board not later than 15 days after the date of the notice required by subsection (a). The objection shall indicate the manner in which service upon the applicant of a duplicate copy of the protest has been made.
(c) The board shall give prompt consideration to any objection, and may hold a hearing thereon, after notice to all interested persons known to the board.
(d) Notice of hearing on a proposed temporary change may be given by mailing notice to the water right holder, the Department of Fish and Game and persons known to the board who might be affected by the proposed change, not less than 20 days before the date of hearing by certified mail or personal delivery.
(e) Any order approving a temporary change under this Article shall meet the requirements of section 792(c).


Note: Authority cited: Sections 1058, 1438(a) and 1726, Water Code. Reference: Sections 1725, 1726 and 1727, Water Code.




s 805. Petition for Temporary Urgency Change.
(a) A petition for a temporary urgency change will not be accepted for filing until the minimum fee required by Water Code Section 1436 is received and the applicable information specified by Section 794 has been submitted to the board.
(b) Prior to issuance of any temporary urgency change order pursuant to Water Code Section 1435, there shall be compliance with any applicable requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, payment of any additional fees, and submittal to the board of any additional information or maps necessary to make the findings required by Water Code Section 1435. (continued)