SECTIONS 10000-10005 - California Statutes

PUBLIC RESOURCES CODE

SECTION 10000-10005

10000. The Legislature finds and declares as follows:
(a) A substantial increase has occurred in the number of requests
to appropriate water from the various streams and watercourses of
this state, especially for the purpose of generating electric energy.
(b) These requests, if approved without due regard for their
cumulative effect on streamflows, could adversely affect, to a
serious and significant degree, the fish and wildlife resources
dependent on those streams and watercourses.
(c) These fish and wildlife resources are important for the entire
state and are inextricably linked to the continued economic
viability of industries, such as the fishing industry, which are
desirable and important components of the state's economy.

10001. The Director of Fish and Game shall identify and list those
streams and watercourses throughout the state for which minimum flow
levels need to be established in order to assure the continued
viability of stream-related fish and wildlife resources. The director
shall include in this identification list those streams and
watercourses the director determines are significant, along with a
statement of findings as to why that stream or watercourse was
selected. The identification list required by this section shall rank
the streams and watercourses beginning with those where the need for
establishing minimum flow levels is the greatest. The director, at
his discretion, may revise the list and may add or delete streams or
watercourses as circumstances require. The initial identification
list required by this section shall be completed no later than
January 1, 1984.

10002. The Director of Fish and Game shall prepare proposed
streamflow requirements, which shall be specified in terms of cubic
feet of water per second, for each stream or watercourse identified
pursuant to Section 10001. In developing the requirements for each
stream, the director shall consult with the Director of Water
Resources, the Director of Boating and Waterways, the Director of
Parks and Recreation and with all affected local governments. The
Director of Fish and Game may also consult with any private
individuals, groups, or organizations as the director deems
advisable. Upon completion of the proposed streamflow requirements
for any individual stream or watercourse, the Director of Fish and
Game shall transmit these proposed requirements to the State Water
Resources Control Board. The State Water Resources Control Board
shall consider these requirements within a stream as set forth in
Section 1257.5 of the Water Code. The Director of Fish and Game shall
complete the preparation of proposed requirements for the initial
streams not later than July 1, 1989.
The Department of Fish and Game may contract for temporary
services for purposes of preparing the proposed streamflow
requirements.

10003. The Director of Fish and Game, on his or her own motion or
at the request of the State Water Resources Control Board, may review
any streamflow requirement and may propose revision or modification
thereof. The proposed revision or modification shall be transmitted
to the State Water Resources Control Board.

10004. The Department of Fish and Game shall initiate studies to
develop proposed streamflow requirements for those streams or
watercourses in each fiscal year for which funds are appropriated and
shall complete studies on each stream or watercourse within three
years. It is the intent of the Legislature that the department
develop a program that will initiate studies on at least 10 streams
or watercourses in each fiscal year.

10005. (a) The Department of Fish and Game shall impose and collect
a filing fee of eight hundred fifty dollars ($850) to defray the
costs of identifying streams and providing studies pursuant to
Division 10 (commencing with Section 10000) of the Public Resources
Code.
(b) The filing fee shall be proportional to the cost incurred by
the Department of Fish and Game and shall be annually reviewed and
adjustments recommended to the Legislature in an amount necessary to
pay the costs of the Department of Fish and Game as specified in
subdivision (a).
(c) Any user of water, including a person or entity holding
riparian or appropriative rights, shall pay the filing fee to the
Department of Fish and Game upon application to the State Water
Resources Control Board for any permit, transfer, extension, or
change of point of diversion, place of use, or purpose of use, if
there is a diversion of water from any waterway where fish reside. No
permit, or other entitlement identified in this section is effective
until the filing fee is paid. The State Water Resources Control
Board shall, every six months, forward all fees collected to the
department and provide the location for each entitlement for which a
filing fee has been collected.
(d) The fee imposed by this section shall not be imposed on the
following applications filed with the State Water Resources Control
Board:
(1) Small domestic use registrations and livestock stockpond
certificates submitted pursuant to Article 2.7 (commencing with
Section 1228) of Chapter 2 of Division 2 of the Water Code.
(2) The first application for an extension of time for an
individual permit if no change in point of diversion, place of use,
or purpose of use is included in the application.
(3) Water applications which, in the opinion of the Department of
Fish and Game, are filed for administrative and technical
clarification purposes only.
(4) Water applications or petitions, the primary purpose of which
is to benefit fish and wildlife resources. The determination of the
benefit to fish and wildlife shall be made, in writing, by the
Department of Fish and Game in order to be exempt from the fee.
(e) If an applicant or petitioner files multiple applications or
petitions for the same appropriation, transfer, extension, or change,
and the State Water Resources Control Board reviews and considers
the applications or petitions together, only one filing fee is
required for those applications or petitions.