SECTIONS 1240-1244 - California Statutes

WATER CODE

SECTION 1240-1244

1240. The appropriation must be for some useful or beneficial
purpose, and when the appropriator or his successor in interest
ceases to use it for such a purpose the right ceases.

1241. If the person entitled to the use of water fails to use
beneficially all or any part of the water claimed by him or her, for
which a right of use has vested, for the purpose for which it was
appropriated or adjudicated, for a period of five years, that unused
water may revert to the public and shall, if reverted, be regarded as
unappropriated public water. That reversion shall occur upon a
finding by the board following notice to the permittee, licensee, or
person holding a livestock stockpond certificate or small domestic or
livestock stockpond use registration under this part and a public
hearing if requested by the permittee, licensee, certificate holder,
or registration holder.

1241.6. If water appropriated for irrigation purposes is not used
by reason of compliance with crop control or soil conservation
contracts with the United States, and in other cases of hardship as
the board may by rule prescribe, the five-year forfeiture period
applicable to water appropriated pursuant to the Water Commission Act
or this code, and the forfeiture period applicable to water
appropriated prior to December 19, 1914, shall be extended by an
additional period of not more than 10 years or the duration of any
crop control or soil conservation contracts with the United States if
less than 10 years.

1242. The storing of water underground, including the diversion of
streams and the flowing of water on lands necessary to the
accomplishment of such storage, constitutes a beneficial use of water
if the water so stored is thereafter applied to the beneficial
purposes for which the appropriation for storage was made.

1242.5. The board, subject to the provisions of Section 100 and
whenever it is in the public interest, may approve appropriation by
storage of water to be released for the purpose of protecting or
enhancing the quality of other waters which are put to beneficial
uses.

1243. The use of water for recreation and preservation and
enhancement of fish and wildlife resources is a beneficial use of
water. In determining the amount of water available for appropriation
for other beneficial uses, the board shall take into account,
whenever it is in the public interest, the amounts of water required
for recreation and the preservation and enhancement of fish and
wildlife resources.
The board shall notify the Department of Fish and Game of any
application for a permit to appropriate water. The Department of Fish
and Game shall recommend the amounts of water, if any, required for
the preservation and enhancement of fish and wildlife resources and
shall report its findings to the board.
This section shall not be construed to affect riparian rights.

1243.5. In determining the amount of water available for
appropriation, the board shall take into account, whenever it is in
the public interest, the amounts of water needed to remain in the
source for protection of beneficial uses, including any uses
specified to be protected in any relevant water quality control plan
established pursuant to Division 7 (commencing with Section 13000) of
this code.
This section shall not be construed to affect riparian rights.

1244. The sale, lease, exchange, or transfer of water or water
rights, in itself, shall not constitute evidence of waste or
unreasonable use, unreasonable method of use, or unreasonable method
of diversion and shall not affect any determination of forfeiture
applicable to water appropriated pursuant to the Water Commmission
Act or this code or water appropriated prior to December 19, 1914.
This section does not constitute a change in, but is declaratory
of, existing law.