SECTIONS 1228-1229.1 - California Statutes

WATER CODE

SECTION 1228-1229.1

1228. This article shall be known and may be cited as the Water
Rights Permitting Reform Act of 1988.

1228.1. (a) The Legislature finds and declares that it is in the
public interest to provide a timely, efficient, and economic
procedure for the acquisition of rights to appropriate water for a
small domestic use, including incidental stockwatering and irrigation
uses, and for livestock stockponds subject to prior rights.
(b) As used in this article, "small domestic use" means a domestic
use, not to exceed direct diversion of 4500 gallons per day or
diversion by storage of 10 acre-feet per annum, as that use is
defined by board rule, and shall include impoundment for incidental
aesthetic, recreational, or fish and wildlife purposes.
(c) As used in this article, "livestock stockpond" means a water
impoundment structure constructed for livestock watering use not to
exceed direct diversion of 4500 gallons per day, or diversion by
storage of 10 acre-feet per year, as that use is defined by the
board, and including impoundment for incidental aesthetic,
recreational, or fish and wildlife purposes.

1228.2. (a) (1) Subject to subdivision (b), any person may obtain a
right to appropriate water for a small domestic or livestock
stockpond use upon first registering the use with the board and
thereafter applying the water to reasonable and beneficial use with
due diligence.
(2) With regard to an appropriation for small domestic use, not
more than one registration shall be in effect at any time for any
facility.
(3) With regard to an appropriation for livestock stockpond use,
more than one registration may be in effect at any time for a
registrant if stockponds subject to registration for that registrant
do not exceed the ratio of one per 50 acres.
(b) Initiation of rights to appropriate water pursuant to this
article shall be subject to Article 1.3 (commencing with Section
1205), relating to fully appropriated stream systems. The board shall
not accept any registration of water use which proposes as a source
of water supply any stream system which has been unconditionally
declared by the board to be fully appropriated pursuant to Section
1205, except that subdivision (b) of Section 1206, relating to
conditional declarations of fully appropriated stream systems, shall
apply to registration of water use pursuant to this article, and the
board shall accept those registrations where consistent with the
conditions specified in any such declaration.
(c) On or before June 30, 1989, and annually thereafter, the
Division of Water Rights shall prepare and submit to the board a
report summarizing the location, nature, and amount of water
appropriated pursuant to this article. The report shall include a
description of the availability of unappropriated water in those
stream systems which may become fully appropriated within the next
reporting period.
(d) Whenever it can be reasonably anticipated that a stream system
may become fully appropriated within the next reporting period, the
board shall, following notice and hearing, determine whether that
stream system should be declared fully appropriated pursuant to
Article 1.3 (commencing with Section 1205).

1228.3. (a) Registration of water use pursuant to this article
shall be made upon a form prescribed by the board. The registration
form shall set forth all of the following:
(1) The name and post office address of the registrant.
(2) The source of water supply.
(3) The nature and amount of the proposed use.
(4) The proposed place of diversion.
(5) The place where it is intended to use the water.
(6) The time for completion of construction of diversion works and
for complete application of the water to the proposed use.
(7) A certification that the registrant has contacted a
representative of the Department of Fish and Game designated by that
department for that purpose, has provided information to that
department that is set forth in the registration form, and has agreed
to comply with all lawful conditions, including, but not limited to,
conditions upon the construction and operation of diversion works,
required by the Department of Fish and Game. The certification shall
include a copy of any conditions required by the Department of Fish
and Game pursuant to this paragraph.
(8) Any other information that may reasonably be required by the
board.
(b) Registration of water use shall be deemed completed on the
date that the form, executed in substantial compliance with the
requirements of this section, and the registration fee specified in
Section 1525 are received by the board.
(c) The board shall issue monthly a list of registrations filed
under this article during the preceding calendar month. This list
shall contain the information required by paragraphs (1) to (6),
inclusive, of subdivision (a). The list shall set forth a date prior
to which any interested person may file a written protest in
opposition to the approval of a stockpond registration. That date
shall be not later than 30 days from the date on which the list is
issued. The board shall mail the monthly list of registrations filed
to any person who so requests.
(d) Prior to the date set forth on the list required under
subdivision (c), any interested person may file with the board a
written protest in opposition to the approval of a stockpond
registration. The protest shall clearly set forth the protestant's
objections to the registered use based on interference with prior
rights. The protest shall be served on the registrant by the
protestant by mailing a duplicate copy of the protest to the
registrant, or through service undertaken in another manner
determined to be adequate by the board. The procedures set forth in
Article 1.5 (commencing with Section 1345) of Chapter 5 shall be used
for reviewing a protested registration.

1228.4. (a) Any completed registration of water use gives to the
registrant a priority of right as of the date of completed
registration to take and use the amount of water ultimately applied
with due diligence to reasonable and beneficial use thereunder, which
amount shall not exceed the amount of proposed use as shown on the
registration form.
(b) Any right obtained pursuant to this article shall remain in
effect unless and until any of the following occur:
(1) The right is forfeited for nonuse pursuant to Section 1241, or
abandoned.
(2) The right is revoked because the registrant knowingly made any
false statement, or knowingly concealed any material fact, in the
registration.
(3) The right is revoked for failure to renew the registration as
provided in this article.
(4) The right is revoked pursuant to subdivision (c) of Section
1228.6.

1228.5. (a) Registration of a small domestic or livestock stockpond
use pursuant to this article shall be renewed prior to the
expiration of each five-year period following completed registration.
(b) Renewal of registration shall be made upon a form prescribed
by the board and shall contain a report of water use made pursuant to
the registration as may be required by the board.
(c) The conditions established by the board pursuant to Section
1228.6 that are in effect at the time of renewal of registration
shall supersede the conditions that were applicable to the original
completed registration.
(d) Failure to renew registration in substantial compliance with
the reporting requirements prescribed by the board within the time
period specified in subdivision (a), or to pay the renewal fee
specified in Section 1525, shall result by operation of law in the
revocation of any right acquired pursuant to this article.

1228.6. (a) The board shall establish, and may from time to time
revise, reasonable general conditions to which all appropriations
made pursuant to this article shall be subject. The conditions shall
include, but shall not be limited to, the following:
(1) The appropriation is subject to prior rights.
(2) All conditions lawfully required by the Department of Fish and
Game are conditions upon the appropriations.
(3) Diversion works shall be constructed and water applied to
beneficial use with due diligence.
(4) Registration shall be renewed and water use reported pursuant
to law and to the rules of the board.
(b) Immediately upon registration pursuant to Section 1228.3,
renewal of registration pursuant to Section 1228.5, or amended
registration pursuant to Section 1228.7, the board shall provide the
registrant with a written document setting forth the conditions
required by this section, and the perfection and exercise of rights
acquired pursuant to this article shall at all times be subject to
those conditions.
(c) The conditions required by this section shall be deemed "terms
and conditions" within the meaning of Section 1825 and the
expression of legislative intent contained in that section shall be
applicable thereto. The authority of the board to enforce the terms
and conditions of permits and licenses to appropriate water, and to
prevent the unlawful diversion of water, including, but not limited
to, provisions regarding cease and desist orders and the revocation
of permits and licenses, shall be applicable to appropriations
initiated or perfected pursuant to this article.

1228.7. (a) A registrant may change the point of diversion or place
of use by delivering to the board an amended registration form in
accordance with Section 1228.3, including payment of the registration
fee specified in Section 1525, except that the purpose of the use
shall not be changed and the change shall not operate to the injury
of any legal user of the water involved.
(b) A completed amended registration of water use continues in
effect the priority of right as of the date of the original completed
registration.
(c) All provisions of this article regarding appropriations made
pursuant thereto, including, but not limited to, provisions regarding
enforcement, are applicable to the appropriation as described in the
completed amended registration, except that the conditions
established by the board pursuant to Section 1228.6 that are in
effect at the time of completion of the amended registration shall
supersede the conditions that were applicable to the original
completed registration.

1228.9. With regard to a small domestic use of water, no right to
appropriate or use water subject to appropriation may be initiated on
and after January 1, 1989, except upon compliance with this article,
and this article shall be the exclusive means of acquiring and
maintaining that right. Nothing in this article shall be construed as
affecting any right initiated or acquired pursuant to permit or
evidenced by license, and including any application filed but not
permitted, prior to January 1, 1989.

1229.1. This article does not apply to those stream segments for
which the Director of Fish and Game establishes proposed streamflow
requirements pursuant to Section 10002 of the Public Resources Code,
notwithstanding the July 1, 1989, deadline for preparation of the
requirements.