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Note: Authority cited: Sections 1058, 1436 and 1438(a), Water Code. Reference: Sections 1435, 1436 and 1437, Water Code.
s 806. Notification of and Objections to Temporary Urgency Changes.
(a) As soon as practicable after receipt of a petition meeting the information and map requirements of Section 794 and compliance with Water Code Section 1437 the board shall cause notice to be given pursuant to Water Code Sections 1438(b) and 1438(c).
(b) Any interested person may file an objection to the petition with the board prior to adoption of a board order or validation of any temporary urgency change order. The objection shall indicate the manner in which service upon the applicant of a duplicate copy of the protest has been made.
(c) Any objections to a temporary urgency change petition will be heard by the board during its validation meeting or at a hearing after notice to all interested persons known to the board.
Note: Authority cited: Sections 1058, 1436 and 1438(a), Water Code. Reference: Sections 1435, 1437 and 1438, Water Code.
s 811. Long Term Transfer.
(a) A permittee, licensee, or holder of a water right determined under a court decree issued pursuant to Water Code Section 2500 et seq. after January 1, 1981 who is filing a petition pursuant to Water Code Section 1740, may petition the board for a long-term transfer of water or water rights involving change(s) in point of diversion, place of use, or purpose of use specified in the permit, license, or water right for any period of time in excess of one year.
(b) Any long-term transfer requested under Water Code Section 1735 shall be subject to the applicable requirements of Articles 15 and 16 and any applicable requirements of Division 13 (commencing with Section 21000) of the Public Resources Code.
Note: Authority cited: Section 1058, Water Code. Reference: Section 1735, 1736 and 1740, Water Code.
s 812. Petition for Long-term Transfer.
A petition for a long-term transfer of water or water rights 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 and the information and maps specified in Section 794 have been submitted to the board. 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, 1735, 1736 and 1740, Water Code.
s 813. Map Requirements.
Note: Authority cited: Section 1058, Water Code. Reference: Section 1735, Water Code.
s 814. Notice of Long-term Petitions.
After a completed petition has been filed for a long-term transfer of water or water rights involving a change in point of diversion, place of use or purpose of use, the board shall give notice to the Department of Fish and Game, all persons requesting notice of change petitions, and all legal users of water known to the board who may be affected by the proposed change. A hearing will be held upon request of the petitioner or a protestant.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1736 and 1740, Water Code.
s 815. Protest Procedure on Long-term Transfer Petitions.
The provisions of Article 9, 10 and 11 insofar as they are applicable, shall govern protests, answers, investigations, and hearings of petitions under this Article.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1735, 1736 and 1740, Water Code.
s 816. Action of the Board Regarding Long-term Transfers.
If the board determines that a long-term transfer of water or water rights as described in Section 811 is appropriate, and meets the requirements of Water Code Section 1736, an order will be issued in accordance with Section 792 authorizing the long-term transfer, subject to appropriate terms and conditions for the period requested or such lesser period found by the board to be appropriate.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1735, 1736 and 1740, Water Code.
s 820. Complaints of Violations.
Any person affected by a violation of any term or condition of a permit or license may file a complaint with the board. The complaint shall contain the following:
(a) Name and address of the complainant.
(b) The nature and location of the alleged violation.
(c) The manner in which the complainant was affected.
(d) A statement of whether complainant is required by Part 5.1 (commencing with Section 5100) of Division 2 of the Water Code to file with the board a statement of his water diversion and use, and if complainant is so required, a statement:
(1) That complainant has filed with the board a statement of water diversion and use; or
(2) Setting forth the reason for complainant's failure to file such a statement of water diversion and use.
(e) The specific action which complainant requests.
Any person may complain of a violation of a condition intended for the benefit of the public.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1391, 1393 and 1394, Water Code.
s 821. Investigation of Complaints.
If, after investigation, the board's staff finds that a violation of the terms and conditions of a permit or license has occurred which might be cause for enforcement action by the board, the matter may be referred to the board for hearing in accordance with the provisions of Water Code Sections 1410 et seq., 1675 et seq. or 1825 et seq. If the board's staff finds that no such violation has occurred, the complainant will be notified and no further action will be taken unless the complainant requests a hearing, in which event the board will determine whether to hold a hearing based on information supplied by the complainant and the staff.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1051, 1391, 1393, 1394, 1610 and 1611, Water Code.
s 822. Action by the Board.
After notice in accordance with Water Code Sections 1410 and 1410.1, 1675 and 1675.1, or 1831 and 1834 and hearing if a hearing is requested, if the board finds that a violation has occurred, it may revoke the permit or license or take such other action as appears appropriate under the circumstances.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1391 and 1611, Water Code.
s 823. Action on the Board's Own Motion.
The board may on its own motion investigate possible violations of permit or license terms or conditions and proceed in accordance with Section 822.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1051, 1391, 1393, 1394, 1610 and 1611, Water Code.
s 830. Procedure on Change of Address.
Parties interested in applications, permits, and licenses shall promptly advise the board of changes of address. Whenever a notice is required by law or these regulations to be sent to a party, such notice will be mailed to the party at the most recent address supplied to the board by or on behalf of such party unless a different procedure is expressly required by law.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1250, 1302, 1303, 1304, 1320, 1321 and 1322, Water Code.
s 831. Notice to Board of Changes in Ownership.
When rights under an application, permit, or license are transferred, a statement to that effect, signed by the previous owner, shall be filed immediately with the board, referring to the number of the application and stating the name and address of the new owner. Thereafter, notices and correspondence concerning the application, permit, or license will be sent to the new owner designated in such statement.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1250 and 1252, Water Code.
s 832. Contests As to Ownership.
The board will not undertake to determine contests as to ownership of rights initiated by applications to appropriate water. The board will ordinarily accept any claim asserted to ownership of an application, permit or license unless the record title holder, or an asserted successor in interest, objects. When a contest develops as to ownership the board will not ordinarily change its record until the matter is either determined by a court or adjusted to the mutual satisfaction of the parties, unless evidence of continued occupation, use, or control justifies a different course.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1250 and 1252, Water Code.
s 833. Presumption Based on Ownership of Place of Use.
When an application, permit, or license stands upon the records of the board in the name of the owner of the place of use the right will be considered appurtenant to the land unless there is evidence to the contrary. It will generally be presumed that the water right passes with a transfer of the land unless expressly excepted.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1250 and 1252, Water Code.
s 834. Presumption That Water Right Passes upon Foreclosure Sale.
It will be presumed that a water right, upon a foreclosure sale of the land where the water is used, passes with the land whether the water right was initiated before or after the lien was established, unless there is a showing that the water right is not appurtenance or incident to the real property.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1250 and 1252, Water Code.
s 835. Presumption upon Termination of an Option or Lease Relative to Real Property.
In the case of an option to purchase or a lease of land, it will be presumed, unless there is a showing to the contrary, that any water right initiated by the optionee or the lessee is personal and that such water right does not belong to the owner of the real property where use of the water is made, upon forfeiture, abandonment, or expiration of the option or lease.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1250 and 1252, Water Code.
s 836. Issuance of Separate Permits and Licenses.
(a) When the place of use described in an application, permit, or license is divided into two or more ownerships and each of the owners succeeds to a separate interest in the application, permit or license, the board may issue separate permits or licenses covering the interest held by each owner. The separate permits or licenses shall replace any existing permit or license previously issued for the same use and shall contain the same terms to the extent they are applicable. The existing permit or license will then be revoked. The priority of the rights will not be affected and each of the permits or licenses will bear the same number as the replaced instrument plus a distinguishing letter designation.
(b) Issuance of separate permits and licenses in accordance with subsection (a) shall not be construed as a determination by the board that the water right has necessarily been fully maintained by continuous beneficial use and by observance of the law and provisions of the permit or license.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1250, 1380 and 1382 and 1610, Water Code.
s 840. Reasonable Promptness Required.
An application will be denied when it appears after hearing or a proceeding in lieu of hearing that (a) the applicant does not intend to initiate construction of the works required for the contemplated use of water within a reasonable time and thereafter diligently prosecute the construction and use of water to completion, or (b) the applicant will not be able to proceed within a reasonable time, either because of absence of a feasible plan, lack of the required financial resources, or other cause.
Note: Authority cited: Section 1058, Water Code. Reference: Section 1255, Water Code.
s 841. Time for Completion.
In determining the period of time to be allowed to build diversion works and apply the water to full beneficial use, the particular conditions surrounding each case will govern. In every case the matter must be pressed with due diligence considering the size of the project and the obstacles to be overcome.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1250, 1252 and 1260, Water Code.
s 842. Requests for Extension of Time Under Permits.
A request for extension of time within which to commence or complete construction work or apply the water to full beneficial use may be submitted upon forms supplied by the board. A request for extension of time 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. The board may cancel a request for extension of time for failure to pay any annual fee for the request when due.
Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1250, 1252, 1398 and 1525, Water Code.
s 843. Notice of Petitions and Protests.
(a) After filing a petition for an extension of time under a permit, the petitioner, in case the board so requires, shall cause notice thereof to be given or published in such manner as may be prescribed by the board.
(1) The board will not ordinarily require that the petitioner cause notice to be given or published where the permitted project meets each of the following criteria:
(A) Construction of the project has commenced or a substantial financial commitment for construction or for land acquisition has been undertaken; and
(B) the project is not in an area where there is unusual competition for or interest in water; and
(C) the project is not a large multi-stage project which may be behind schedule.
(b) At any time any person may request in writing special notice of the filing of petitions for extension of time. Thereafter the board shall mail a copy of each such notice to such person, together with a statement of the time within which any protest must be filed.
(c) Protests to a petition may be filed within the time fixed by the board, which shall be stated in the notice, or such further time as the board may, for good cause, allow. Protests shall be submitted in writing with a copy to the petitioner and shall include the following information:
(1) The name and address of the protestant.
(2) The reasons for protestant's objection to the petition and any conditions on which the objection could be satisfied.
(3) If protestant claims a right to the use of water affected by the permit, the basis of the claim and protestant's use of water shall be described.
The board may require such other information as it deems necessary to resolve the issues, with or without a hearing.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1250, 1300, 1320, 1330, 1331, 1398 and 1546, Water Code.
s 844. Cause for Extension of Time.
An extension of time within which to complete an application, to commence or complete construction work or apply water to full beneficial use will be granted only upon such conditions as the board determines to be in the public interest and upon a showing to the board's satisfaction that due diligence has been exercised, that failure to comply with previous time requirements has been occasioned by obstacles which could not reasonably be avoided, and that satisfactory progress will be made if an extension of time is granted. Lack of finances, occupation with other work, physical disability, and other conditions incident to the person and not to the enterprise will not generally be accepted as good cause for delay. The board may, in its discretion, require a hearing upon notice to the permittee and such other parties as the board may prescribe.
Note: Authority cited: Section 1058, Water Code. Reference: Section 2, Article X, California Constitution; Sections 100, 104, 105, 275, 1250, 1253, 1255, 1257, 1394, 1395, 1396, 1397, 1398, 1410, 1546, 1675, Water Code; Sections 21000, 21065 and 21081, Public Resources Code; Johnson Rancho County Water District v. State Water Rights Board, 235 Cal.App.2d 863, 45 Cal.Rptr. 589 (1965); and National Audubon Society v. Superior Court of Alpine County, 33 Cal.3d 419, 189 Cal.Rptr. 345, 658 P.2d 709 (1983).
s 845. Withholding Issuance of Permit.
(a) When approval of an application will be conditional upon the applicant undertaking certain measures, issuance of the permit shall be withheld until the applicant has notified the board that the conditions have been met.
(b) The board may cancel any application and refuse to issue a permit if the applicant fails to comply with the conditions or to notify the board of his compliance within a reasonable time. The board first gives the applicant written notice of the proposed action and 30 days in which to comply and to notify the board of compliance or to request a hearing.
(c) After a permit is issued subject to continual compliance with one or more specified conditions, permittee shall certify under penalty of perjury at such intervals as specified in the permit or as the board may specify that each condition is being met. If permittee fails to so certify or if it is discovered that permittee is not complying with a specified condition, the board may revoke the permit, provided the board gives the permittee written notice of such possible revocation and 30 days in which to comply and to notify the board of his compliance or to request a hearing.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1250, 1255, 1391, 1393, 1394, 1395, 1396, 1397, 1398, 1410 and 1412, Water Code.
s 846. Measuring Devices and Statements.
After issuance of a permit for surface diversion or storage or underground storage the permittee may be required to establish suitable measuring and recording devices and to obtain and furnish to the board such records as may be needed to determine with reasonable accuracy:
the quantity of water beneficially used; or
the quantity of water placed in storage and the quantity later recovered under the provisions of the permit. Permittee may also be required to determine and submit a written statement of the quantities beneficially used.
Note: Authority cited: Section 1058, Water Code. Reference: Section 2, Article X, California Constitution; and Sections 100, 275 and 1240, Water Code.
s 847. Progress Report.
Prior to issuance of license, annual progress reports shall be filed promptly by permittee upon forms provided by the board. After the issuance of license, reports shall be made when requested by the board upon the forms provided.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1395, 1396 and 1397, Water Code.
s 848. Contents.
(a) In addition to such other information as may be required, all reports shall contain permittee's or licensee's evaluation of the current potential for using reclaimed water or reusing water to satisfy all or part of the water needed.
(b) If the terms of the permit or license require water conservation measures, the extent of implementation of such measures shall be reported.
Note: Authority cited: Section 1058, Water Code. Reference: Section 275, Water Code; and Section 2, Article X, California Constitution.
s 850. Revocation Hearings.
When it appears to the board that a permittee may have failed to commence or complete construction work or beneficial use of water with due diligence in accordance with terms of the permit, the regulations of the board and the law, or that a permittee or licensee may have ceased beneficial use of water, or that he may have failed to observe any of the terms or conditions of the permit or license, the board may consider revocation of the permit or license. The board will notify the permittee or licensee of the proposed revocation. The notice will state the reasons for the proposed revocation and provide an opportunity for hearing upon request of the permittee or licensee. In the case of a permit, a request for extension of time may also be considered at such hearing. Nothing in this section shall be construed as limiting the board's authority to take action pursuant to Water Code Section 1831.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1410 and 1411, Water Code.
s 851. Notice of Hearing.
At least 10 days prior to hearing, a notice specifying the time, place, and purpose of such hearing and grounds for possible revocation shall be sent by registered or certified mail to the permittee or licensee. The notice shall constitute a sufficient statement of the issues to be heard.
Note: Authority cited: Section 1058, Water Code. Reference: Section 1410, Water Code.
s 852. Procedure Relating to Hearings.
The provisions of Article 14 of this subchapter insofar as they are applicable shall govern hearings under this article.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1410, 1411, 1412, 1413, 1414 and 1415, Water Code.
s 855. Policy and Definition.
(a) In investigating any uses of water and making the determinations required by this article, the board shall give particular consideration to the reasonableness of use of reclaimed water or reuse of water.
(b) As used in this article, "misuse of water" or "misuse" means any waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion of water.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 100, 275, 1240, 1251, 1253 and 1257, Water Code; and Section 2, Article X, California Constitution.
s 856. Investigations.
The board staff shall investigate an allegation of misuse of water:
(1) when an interested person shows good cause, or
(2) when the board itself believes that a misuse may exists.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 100, 183, 275 and 1051, Water Code; and Section 2, Article X, California Constitution.
s 857. Notifications, Hearings and Orders.
(a) If the investigation indicates that a misuse of water has occurred, the board staff shall notify interested persons and allow a reasonable period of time in which to terminate such misuse or demonstrate to the satisfaction of the board staff that misuse has not occurred.
(b) At the end of the time set by the board staff, and upon application of any interested person or upon its own motion, the board may hold a hearing to determine if misuse has occurred or continues to occur.
(c) If the misuse is alleged to have occurred or to continue to occur in connection with exercise of rights evidenced by a permit or license issued by the board, the board shall notice the hearing as a permit revocation hearing pursuant to Water Code Section 1410.1, or as a license revocation hearing pursuant to Water Code Section 1675.1, as appropriate; or as a preliminary cease and desist order hearing pursuant to Water Code Section 1834.
(d) The board may issue an order requiring prevention or termination thereof.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 100, 275, 183, 1051, 1401, 1675.1 and 1834, Water Code.
s 858. Noncompliance with Order Regarding Misuse Under Water Right Entitlement.
If a permittee or licensee does not comply with any order issued pursuant to Section 857 within such reasonable period of time as allowed by the board, or such extension thereof as may for good cause be allowed by the board, and if such order includes a finding that waste, unreasonable use, method of use, or method of diversion has occurred in connection with exercise of a right evidenced by a permit or license issued by the board, a revocation action may be commenced by the board:
(a) If the hearing has been noticed as a permit or license revocation hearing, and if the board finds that misuse has occurred or continues to occur, the board may order the permit or license revoked or impose appropriate additional or amended terms or conditions on the entitlement to prevent recurrence of the misuse;
(b) If the hearing pursuant to Section 857 has been noticed as a preliminary cease and desist order hearing, and if the board finds that misuse has occurred or continues to occur, the board may issue a preliminary cease and desist order.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1410, 1675 and 1831, Water Code.
s 859. Noncompliance with Other Order.
If a person other than a permittee or licensee does not comply with any order issued pursuant to Section 857 within such reasonable period of time as allowed by the board, or such extension thereof as may for good cause be allowed, and if such order includes a finding that such person has misused or continues to misuse water, the board may request appropriate legal action by the Attorney General.
Note: Authority cited: Section 1058, Water Code. Reference: Section 275, Water Code.
s 860. Alternative Procedure.
The procedure 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: Section 1058, Water Code. Reference: Section 275, Water Code.
s 870. Purpose of this Article.
By Order WR 89-25, adopted on November 16, 1989, pursuant to Water Code Sections 1205 through 1207, the board initially declared various stream systems in this state to be fully appropriated either year-round or during specified months. Order WR 89-25 included a listing of these stream systems and specified the seasons during which water is unavailable for appropriation therefrom. The purpose of this article is to provide procedures (1) for revoking or revising the status of stream systems declared to be fully appropriated by the initial declaration or any revised declaration, (2) for adding stream systems to the initial or any revised declaration, and (3) for public participation in the process through which a declaration is changed.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1205, 1206 and 1207, Water Code.
s 871. Revocation or Revision of a Declaration.
(a) The board may, upon its own motion or upon petition of any interested person, revoke or revise a declaration, as hereinafter provided.
(b) Upon recommendation of the Chief, Division of Water Rights, and following notice and hearing, the board may adopt an order revoking the fully-appropriated status of a stream system which has previously been declared fully appropriated, or revising any condition specified in a declaration upon which applications to appropriate unappropriated water will be accepted for filing and registrations of small domestic use appropriations will be accepted. The Chief's recommendation for revocation or revision may be based upon any relevant factor, including but not limited to a change in circumstances from those considered in a previous water right decision determining that no water remains available for appropriation, or upon reasonable cause derived from hydrologic data, water usage data, or other relevant information acquired by the Division of Water Rights in the course of any investigation conducted by it.
(c) Any person may petition the board to revoke or revise the fully appropriated status of a stream system included in a declaration. The Chief, Division of Water Rights, shall give notice of receipt of any such petition to all persons known by the Chief to be interested in the fully-appropriated status of the stream system.
(1) The petition shall include hydrologic data, water usage data, or other relevant information based upon which the Chief, Division of Water Rights, may determine that reasonable cause exists to conduct a hearing on the question whether the fully appropriated status of the stream system should be revoked or revised.
(2) The petition may also be accompanied, depending upon the magnitude of the proposed appropriation, either (A) by a proposed application to appropriate unappropriated water, or (B) by a proposed registration of small domestic use, notwithstanding that the proposed application or registration is unacceptable because it proposes appropriation from a stream system declared to be fully appropriated and does not meet existing conditions for acceptance. Any such proposed application or registration should be complete pursuant to the law and the rules of the board, including payment of the filing fee. The board may cancel the application for failure to pay any annual fee for the application when due.
(3) A proposed application or registration submitted pursuant to subsection (c)(2) will not be accepted but will be retained by the board. Should the board thereafter act in response to the petition to change the declaration in a manner which would make the proposed application or registration acceptable, the proposed application or registration will, if otherwise complete pursuant to the law and the rules of the board, be accepted. A proposed application or registration accepted pursuant to this subsection shall be assigned a priority superior to that assigned to any subsequently retained or accepted application or registration, respectively, proposing to appropriate from a source included in the earlier proposed application or registration; provided that, in proceeding upon competing applications accepted because of a change in the declaration pursuant to this section, the board will implement all provisions of law governing approval and rejection of applications including, but not limited to, Water Code section 1255 relating to public interest.
(4) If the Chief determines that the petition shows reasonable cause to conduct a hearing on the question whether the declaration should be changed, the Chief shall notice a hearing on the issue. The board may thereafter adopt an order changing the declaration or declining to do so.
(5) If the Chief determines that the petition does not show reasonable cause to conduct a hearing on the question whether the declaration should be changed, the Chief shall notify the petitioner, and all persons given notice pursuant to subsection (c) of this section, of such determination. The petitioner may, within 30 days of the date of the notice, file a request that the board review the Chief's determination. Following receipt of any such request timely filed, the board will review the Chief's determination. The board's review shall be limited to the information provided by petitioner to the Chief, pursuant to subsection (c)(1) of this section. Following its review, the board may affirm the Chief's determination, direct the Chief to reconsider the determination, or direct the Chief to notice a hearing on the question whether the declaration should be changed.
Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1205, 1206, 1207 and 1525, Water Code.
s 872. Addition of Stream Systems to the Declaration.
(a) The board may order that a stream system be added to the declaration, and the order may specify conditions upon which applications will nevertheless be accepted for filing. Any such order shall contain a finding that the supply of water in the stream system is being fully applied to beneficial uses and that a previous water right decision has determined that no water remains available for appropriation.
(b) For the purposes of this section, the term "water right decision" shall mean (1) any decision, order, resolution, staff analysis of a minor protested application, or similar document issued by the board based on evidence taken at an adjudicatory proceeding or investigation, including but not limited to a decision issued pursuant to subsection (c); (2) any final order, judgment, decree, decision, opinion, writ, or similar document issued by a court of this state or of the United States; or (3) any statute of this state or of the United States; provided that, in any case, the water right decision contains findings of fact or conclusions of law, or both, relevant to the question of availability of unappropriated water in the stream system at issue.
(c) The annual report of the Chief, Division of Water Rights, made pursuant to Water Code Section 1228.2(c), shall identify any stream system or systems which the Chief has reasonable cause to believe may become fully appropriated within the next reporting period. Any person believing that any stream system or systems should be declared to be fully appropriated may furnish information to the Chief, Division of Water Rights, to show that reasonable cause exists to conduct further hearing on the matter. Following issuance of the annual report, the Chief may notice a hearing or hearings to determine whether water remains available for appropriation from any such identified stream system or systems. Following the hearing, the board may issue a decision determining that no water remains available for appropriation. The board may thereafter adopt an order declaring that any such stream system is fully appropriated, pursuant to Water Code Section 1205.
(d) Any person may file a request for special notice of the annual report made by the Chief, Division of Water Rights, pursuant to Water Code Section 1228.2(c). The Chief shall mail a copy of the annual report to all persons filing such request.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1205, 1206, 1207 and 1228.2, Water Code.
s 873. Applications Pending at Time of Revision or Addition.
(a) Whenever the board adopts an order revising any conditions specified in a declaration or declaring an additional stream system to be fully appropriated, the Chief, Division of Water Rights, shall review all pending applications, except applications identified in subsection (e), to appropriate unappropriated water from a stream system affected by any such revision or declaration.
(b) Applications determined by the Chief to be consistent with a revised or additional declaration shall be processed normally. In the case of applications determined by the Chief to be inconsistent in any material respect with the conditions of the revised declaration, the Chief shall provide the applicant a notice, entitled "Notice of Potential Cancellation of Water Right Application". The notice shall specify the following elements:
(1) The manner in which the application is inconsistent with the revised declaration.
(2) A reasonable time within which the applicant may withdraw the application.
(3) A reasonable time within which the applicant may amend the application to make it consistent with the conditions of the declaration. An application so amended shall be processed normally.
(4) A reasonable time within which the applicant may provide information to show that the appropriation proposed by the application is entitled to the benefit of any area-of-origin protection principle. Any such information shall be provided in a form which complies with the formal requirements for information presented in an application to appropriate unappropriated water.
(5) A reasonable time within which the applicant may provide information to show that hydrologic circumstances have changed within the stream system declared to be fully appropriated, or that other circumstances exist which justify the continued processing of the application. Such information shall be in sufficient detail to support a prima facie finding that unappropriated water is available to supply the applicant. Any such information shall be provided in a form which complies with the formal requirements for information presented in an application to appropriate unappropriated water.
(c) If an applicant fails to respond to the Notice of Potential Cancellation of Water Right Application within the time specified therein, the Chief shall order cancellation of the application.
(d) If an applicant responds to the Notice of Potential Cancellation of Water Right Application within the specified time by providing information pursuant to subsection (b)(4), the Chief shall provide the board with a recommendation concerning disposition of the application. The recommendation shall be in the form of a proposed order which the board shall thereafter consider and act upon.
(e) The following classes of applications shall not be reviewed for consistency with a revised declaration and shall be processed normally:
(1) Applications filed by the Department of Water Resources or its predecessors pursuant to Water Code Section 10500 and held by the board.
(2) Proposed completed applications accompanying petitions for assignment of all or a portion of any application held by the board pursuant to Water Code Section 10504.
(3) Any application in favor of which a petition for release from priority of an application filed pursuant to Water Code Section 10500 is pending before the board.
(4) Protested applications, other than minor applications within the meaning of Water Code Section 1345 et seq., which have been noticed for hearing as of the date of adoption of the board's order.
(5) Protested applications, other than minor applications within the meaning of Water Code Section 1345 et seq., upon which the parties have stipulated to proceeding in lieu of hearing pursuant to section 760(a) as of the date of adoption of the board's order.
(6) Protested minor applications, within the meaning of Water Code Section 1345 et seq., with respect to which the Division of Water Rights has substantially commenced a field investigation as of the date of the board's order.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1205, 1206, 1207 and 1228.2, Water Code.
s 874. Notice of Hearings and Hearing Rules of Procedure.
(a) The Chief, Division of Water Rights, shall give notice of any hearing scheduled pursuant to this article in accordance with Water Code Section 1207 and shall in addition mail notice at least 60 days prior to the date of the hearing to all persons interested in any pending application to appropriate unappropriated water from any stream which is the subject of the hearing.
(b) Hearings pursuant to this article shall be governed by sections 761, 762, and 763, except that any person who observes the pre-hearing submittal requirements specified in the hearing notice shall be recognized as an interested party.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1205, 1206, 1207 and 1228.2, Water Code.
s 880. Board.
"Board" when used in this subchapter means the State Water Resources Control Board.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1003.5 and 1226.1, Water Code.
s 881. Stockpond.
"Stockpond" when used in this subchapter means a pond having a capacity not in excess of 10 acre-feet that is used primarily for watering livestock.
Note: Authority cited: Section 1058, Water Code. Reference: Section 1226.1, Water Code.
s 885. Forms.
A claim of water right for a stockpond and application for certification of the right pursuant to Article 2.5 (commencing with Section 1226) of Chapter 1 of Part 2 of Division 2 of the Water Code shall be filed in duplicate with the board upon a printed form furnished by the board.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1226, 1226.1 and 1226.3, Water Code.
s 886. Refusal to Accept Claims.
A claim which does not contain the required information, which is illegible or which is not accompanied by the required filing fee will be returned to the sender as unacceptable.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1226.1, 1226.2 and 1226.3, Water Code.
s 887. Number of Claims Required.
A separate claim must be filed for each stockpond.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1226.1 and 1226.3, Water Code.
s 888. Penalty for Perjury.
All claims 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: Sections 1226.1 and 1226.3, Water Code.
s 890. Fees.
Each claim shall be accompanied by a filing fee of ten dollars ($10.00).
Note: Authority cited: Section 1058, Water Code. Reference: Section 1226.3, Water Code.
s 895. Notices.
The board shall issue and deliver a notice of each claim to the board of supervisors of the county wherein the stockpond is located and to each person who has filed with the board a written request for notices and may send a notice of any claim to water users in the vicinity of the stockpond who in its judgment might be affected by the use of water as set forth in the claim.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1226.1 and 1226.3, Water Code.
s 896. Protests.
Any person affected may, within the time allowed in the notice or such further time as the board may allow, file with the board a written protest to the claim. The protestant shall send a copy of the protest to the claimant.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1225, 1226,1226.1 and 1330, Water Code.
s 897. Content of Protests.
A protest shall state the name and address of the protestant, the location of his point of diversion of water with respect to the claimant's stockpond, the grounds for protest, and that a copy of the protest has been mailed or delivered to the claimant.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1225, 1226, 1226.1, 1330 and 1331, Water Code.
s 898. Ground for Protest.
The only ground for a protest is that the claim contains a misstatement of a material fact. Material facts are: (1) The date of construction of the stockpond, (2) its capacity on January 1, 1975, (3) the primary purpose for which it was constructed and is used in watering livestock, and (4) that it was not the subject of water rights litigation between private parties prior to January 1, 1974.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1225, 1226, 1226.1, 1330 and 1331, Water Code.
s 900. Investigation.
Upon receipt of a claim, the board will conduct such investigation as in its judgment is necessary to certify the water right. Such investigation may, but need not, include an inspection of the stockpond.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1051, 1225, 1226 and 1251, Water Code.
s 901. Hearing.
When requested by a claimant or protestant, the board will hold a hearing to determine any material fact which is in dispute. The board may hold a hearing on its own motion. The provisions of Subchapter 2, Article 11, insofar as they are applicable, shall govern hearings regarding claims filed under this subchapter.
Note: Authority cited: Section 1058, Water Code. Reference: Section 1226.4, Water Code.
s 902. Certification.
The board will issue a certification of the water right if it appears that the material facts stated in the claim are true and entitle the claimant to a water right for the stockpond. The water right shall be subject to all prior rights.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1226.1, 1226.2 and 1226.3, Water Code.
s 905. Continued Use of the Stockpond.
At such other times as the board determines to be appropriate, the board will request certificate holders to furnish a statement under penalty of perjury that the water is continuing to be used primarily for stockwatering.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1226.4 and 1241, Water Code.
s 906. Revocation of the Certification.
The board may, after notice to the certificate holder and opportunity for hearing, revoke any certification upon a finding that the water has ceased to be used primarily for stockwatering.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1226.4 and 1241, Water Code.
s 907. Number of Claims Required.
s 908. Penalty for Perjury.
s 910. Fees.
s 915. Notices.
s 916. Protests.
s 917. Contents of Protests.
s 918. Ground for Protest.
s 920. Investigation.
s 921. Hearing.
s 922. Certification.
s 925. Continued Use of the Stockpond.
s 926. Revocation of the Certification.
s 940. Board.
"Board" when used in this subchapter means the State Water Resources Control Board.
Note: Authority cited: Section 1058, Water Code.
s 945. Petition.
A petition requesting a determination of the rights to water from a stream system, pursuant to Water Code Section 2525, shall be submitted to the board and shall contain the following:
(a) The petitioner's name and address.
(b) A description of the stream system of which the determination of all rights to water is sought.
(c) A statement of the nature of the right or rights claimed by the petitioner.
(d) A statement of facts and conditions showing why the public interest and necessity will be served by a determination of all rights to water of the stream system.
(e) Petitioner's signature.
If a petition is signed by more than one petitioner, the information required by (a) and (c) above shall be provided as to each petitioner.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 2501 and 2525, Water Code.
s 946. Public Interest and Necessity.
In making its determination pursuant to Water Code Section 2525 that the public interest and necessity will be served by a determination of the water rights involved, the board will consider, together with other relevant facts and conditions, the following:
(a) The degree to which the waters of the stream system are fully used.
(b) Existence of uncertainty as to the relative priorities of rights to the use of waters of the stream system.
(c) Unsuitability of less comprehensive measures, such as private litigation or agreements, to achieve certainty of rights to the use of waters of the stream system.
(d) Need for a system-wide decree or watermaster service, or both, to assure fair and efficient allocation of the waters of the stream system.
Note: Authority cited: Section 1058, Water Code. Reference: Section 2525, Water Code.
s 947. Proof of Claim of Water Right.
(a) Proofs of claims shall be typewritten or legibly written in ink upon forms furnished by the board. The proofs shall be certified as true under penalty of perjury in accordance with Section 2105.5 of the Code of Civil Procedure.
(b) A separate proof shall be filed for each purpose of use, including public trust use, except that water for incidental domestic, stock watering and recreational use may be claimed in the same proof with any other use, and except that public trust uses must be claimed in a single proof.
(c) A separate proof shall be filed for each diversion from the stream, except where one or more supplemental diversions are used as a convenience to convey water from the same source, under the same claim of right, to the same place of use.
(d) Whenever a claim is based upon a pending application, permit or license to appropriate water, pursuant to the Water Commission Act or the Water Code, a single proof of claim may be submitted.
(e) Where water is supplied by a public agency or private business or non-profit association, the required proofs shall be filed by the agency or association covering all water diverted by such entity from the source. Those supplied with water need not submit separate proofs, but may do so if they claim separate rights.
(f) Where a water right is held by two or more parties and the interests in said water right have been divided among the respective parties, each party shall file a separate proof covering his individual interest in the water right.
(g) Where a water right is held by two or more parties and the interests in said water right are undivided, one proof may be filed to cover the claim of the several parties.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 2501, 2526, 2528, 2553, 2555, 2575 and 2576, 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 948. Signature of Deponent Claimant.
The proof shall be signed by the claimant or authorized agent. The board shall presume that any person other than a claimant, who signs a proof of claim is an authorized agent. The presumption is 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: Sections 2553, 2554, 2555, 2575 and 2576, Water Code.
s 949. Objections.
Objections to the board's report, abstract of claims or water right, or preliminary order of determination shall be submitted in writing and shall state the specific objections and the grounds upon which the objections are based.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 2604 and 2628, Water Code.
s 950. Other Applicable Regulations.
The following provisions of Article 11 of Subchapter 2 apply to hearings held in connection with adjudication of water rights, except that all references to "applicants," "petitioners" or "protestants" shall be read as referring to claimants, other holders of rights included in the preliminary order of determinationand objectors in the adjudication proceeding: Section 761, Procedure at Hearings; Section 762, Witnesses and Exhibits; Section 763, Subpoenas; Section 766, Failure to Appear. (continued)