SECTIONS 1205-1207 - California Statutes

WATER CODE

SECTION 1205-1207

1205. (a) Following notice and hearing, the board may adopt a
declaration that a stream system is fully appropriated. As used in
this article, "stream system" includes stream, lake, or other body of
water, and tributaries and contributory sources, but does not
include an underground water supply other than a subterranean stream
following through known and definite channels.
(b) A declaration that a stream system is fully appropriated shall
contain a finding that the supply of water in the stream system is
being fully applied to beneficial uses where the board finds that
previous water rights decisions have determined that no water remains
available for appropriation.
(c) Upon its own motion or upon petition of any interested person,
and following notice and hearing, the board may revoke or revise a
declaration that a stream system is fully appropriated.

1206. (a) From and after the date of adoption of a declaration that
a stream system is fully appropriated, and subject to subdivision
(b), the board shall not accept for filing any application for a
permit to appropriate water from the stream system described in that
declaration, and the board may cancel any application pending on that
date.
(b) Notwithstanding subdivision (a), the board may provide, in any
declaration that a stream system is fully appropriated, for
acceptance for filing of applications to appropriate water under
specified conditions. Any provision to that effect shall specify the
conditions and may contain application limitations, including, but
not limited to, limitations on the purpose of use, on the
instantaneous rate of diversion, on the season of diversion, and on
the amount of water which may be diverted annually. The board may
make those limitations applicable to individual applications to
appropriate water, or to the aggregate of the applications, or to
both.
(c) Subdivision (a) shall not apply to applications for temporary
permits made pursuant to Chapter 6.5 (commencing with Section 1425)
or to any provision of this code respecting change in point of
diversion, place of use, or purpose of use.

1207. Notice of hearing pursuant to this article shall be given as
follows:
(a) The notice shall be published at least once a week for four
consecutive weeks in one or more newspapers of general circulation
published in each county in which any part of the stream system is
situated, and publication shall be complete at least 60 days prior to
the date of hearing.
(b) At least 60 days prior to the date of the hearing, the notice
shall be mailed to all persons known to the board who own land that
appears to be riparian to the stream system, who divert water from
the stream system, or who have made written request to the board for
special notice of hearing pursuant to this article.