SECTIONS 1250-1259.4 - California Statutes

WATER CODE

SECTION 1250-1259.4

1250. The board shall consider and act upon all applications for
permits to appropriate water and shall do all things required or
proper relating to such applications.

1250.5. The board shall consider and act upon all applications for
permits to appropriate water which propose, as a primary purpose of
the application, the development of small hydroelectric energy
facilities at an existing dam, canal, or conduit, up to and including
30 megawatts, or the development of any other hydroelectric facility
with a generating capacity of five megawatts or less, within one
year from the date a complete application and an instream beneficial
use assessment have been filed with the board, except that the
assessment need not be filed if the streamflow regime will not be
changed, and except that final board action may be continued for a
reasonable time not to exceed one year upon the request of the
applicant or upon a finding by the board that the additional time is
necessary to determine (1) if unappropriated water is available or
(2) the effect upon instream uses.

1251. The board shall make such investigations of the water
resources of the State as may be necessary for the purpose of
securing information needed in connection with applications for
appropriations of water.

1252. Any person may apply for and secure from the board, in
conformity with this part and in conformity with reasonable rules and
regulations adopted from time to time by it, a permit for any
unappropriated water.

1252.1. An appropriation of water of any stream or other source of
water under this part does not confer authority upon the appropriator
to prevent or interfere with soil conservation practices above the
point of diversion in the watershed in which such stream or other
source originates, which practices do not themselves constitute an
appropriation for which a permit is required by this part.

1252.5. All rights and privileges conferred by this part upon any
person in relation to the appropriation of water are likewise
conferred upon the United States, the State, and any entity or
organization capable of holding an interest in real property in this
State.

1253. The board shall allow the appropriation for beneficial
purposes of unappropriated water under such terms and conditions as
in its judgment will best develop, conserve, and utilize in the
public interest the water sought to be appropriated.

1254. In acting upon applications to appropriate water the board
shall be guided by the policy that domestic use is the highest use
and irrigation is the next highest use of water.

1255. The board shall reject an application when in its judgment
the proposed appropriation would not best conserve the public
interest.

1256. In determining public interest under Sections 1253 and 1255,
the board shall give consideration to any general or co-ordinated
plan looking toward the control, protection, development,
utilization, and conservation of the water resources of the State,
including The California Water Plan, prepared and published by the
Department of Water Resources or any predecessor thereof and any
modification thereto as may be adopted by the department or as may be
adopted by the Legislature by concurrent resolution or by law.

1257. In acting upon application to appropriate water, the board
shall consider the relative benefit to be derived from (1) all
beneficial uses of the water concerned including, but not limited to,
use for domestic, irrigation, municipal, industrial, preservation
and enhancement of fish and wildlife, recreational, mining and power
purposes, and any uses specified to be protected in any relevant
water quality control plan, and (2) the reuse or reclamation of the
water sought to be appropriated, as proposed by the applicant. The
board may subject such appropriations to such terms and conditions as
in its judgment will best develop, conserve, and utilize in the
public interest, the water sought to be appropriated.

1257.5. The board, in acting on applications to appropriate water,
shall consider streamflow requirements proposed for fish and wildlife
purposes pursuant to Sections 10001 and 10002 of the Public
Resources Code. The board may establish such streamflow requirements
as it deems necessary to protect fish and wildlife as conditions in
permits and licenses in accordance with this division.

1258. In acting upon applications to appropriate water, the board
shall consider water quality control plans which have been
established pursuant to Division 7 (commencing with Section 13000) of
this code, and may subject such appropriations to such terms and
conditions as it finds are necessary to carry out such plans.

1259. In acting upon applications to appropriate water, the board
shall consider the state goal of providing a decent home and suitable
living environment for every Californian.

1259.2. (a) The board shall annually prepare a written summary, in
chart form, of pending applications to appropriate water in the
Counties of Marin, Napa, Sonoma, Mendocino, and Humboldt. The summary
shall include a description of the status of each pending
application, the actions taken in the preceding year, proposed
actions for the upcoming year, and the proposed date for final action
with regard to that application.
(b) For the purposes of carrying out subdivision (a), the board
may post the information described in subdivision (a) on its Web
site.

1259.4. (a) (1) On or before January 1, 2008, the board shall adopt
principles and guidelines for maintaining instream flows in coastal
streams from the Mattole River to San Francisco and in coastal
streams entering northern San Pablo Bay, as part of state policy for
water quality control adopted pursuant to Article 3 (commencing with
Section 13140) of Chapter 3 of Division 7, for the purposes of water
right administration.
(2) The board may adopt principles and guidelines for maintaining
instream flows not described in paragraph (1), as part of state
policy for water quality control adopted pursuant to Article 3
(commencing with Section 13140) of Chapter 3 of Division 7, for the
purposes of water right administration.
(b) Prior to the adoption of principles and guidelines pursuant to
subdivision (a), the board may consider the 2002 "Guidelines for
Maintaining Instream Flows to Protect Fisheries Resources Downstream
of Water Diversions in Mid-California Coastal Streams" for the
purposes of water right administration.