SECTIONS 1226-1226.4 - California Statutes

WATER CODE

SECTION 1226-1226.4

1226. The Legislature finds and declares that it is necessary and
beneficial to the state to clear up many heretofore uncertain
conditions of water rights which are the result of a large number of
dams and other water impoundment structures which have been
constructed for livestock watering use, including domestic and
recreational use which is incidental to livestock use; that these
structures have been constructed, many at the urging of local, state
and federal government, as a matter of practical necessity by the
owners or users of the land on which they exist; that these
structures have been built without clearly defined water rights as a
result of the uncertainty of the state law and the lack of
information by the owners as to proper procedures by which to obtain
a water right; and that it is in the interest of the state to clarify
the right to the water impounded by these structures.

1226.1. The owner of any dam or other water impoundment structure
constructed prior to January 1, 1969, the capacity of which is not in
excess of 10 acre-feet on January 1, 1975, and concerning which
water rights litigation between private parties was not a matter of
record prior to January 1, 1974, is declared to have a valid water
right for the use of the water for purposes as specified in Section
1226, if that person files a claim of water right with the board not
later than December 31, 1997. All permits or licenses issued by the
board prior to the effective date of this article shall have priority
over any water right claimed pursuant to this article.

1226.2. (a) Any person who has a valid water right pursuant to
Section 1226.1, who files a claim of water right with the board on or
before December 31, 1977, has a water right priority as of the date
of the construction of the dam or other water impoundment structure.
(b) Any person who has a valid water right pursuant to Section
1226.1, who files a claim of water right with the board after
December 31, 1977, and before January 1, 1998, has a water right
priority as of the date of filing.

1226.3. Each claim of water right shall be accompanied by a fee
which shall be in an amount determined by the board to cover the
reasonable administrative costs of processing the claim. If the
claimant establishes a water right pursuant to this article, the
board shall issue a certificate of the validity of the water right to
the claimant as expeditiously as practicable.

1226.4. The board may, after notice and hearing, revoke any
certificate of a water right granted pursuant to this article upon a
finding that the water has ceased to be used for the purposes
specified in Section 1226.