SECTIONS 1390-1394 - California Statutes

WATER CODE

SECTION 1390-1394

1390. A permit shall be effective for such time as the water
actually appropriated under it is used for a useful and beneficial
purpose in conformity with this division, but no longer.

1391. Every permit shall include the enumeration of conditions
therein which in substance shall include all of the provisons of this
article and the statement that any appropriator of water to whom a
permit is issued takes it subject to the conditions therein
expressed.

1392. Every permittee, if he accepts a permit, does so under the
conditions precedent that no value whatsoever in excess of the actual
amount paid to the State therefor shall at any time be assigned to
or claimed for any permit granted or issued under the provisions of
this division, or for any rights granted or acquired under the
provisions of this division, in respect to the regulation by any
competent public authority of the services or the price of the
services to be rendered by any permittee or by the holder of any
rights granted or acquired under the provisions of this division or
in respect to any valuation for purposes of sale to or purchase,
whether through condemnation proceedings or otherwise, by the State
or any city, city and county, municipal water district, irrigation
district, lighting district, or any political subdivision of the
State, of the rights and property of any permittee, or the possessor
of any rights granted, issued, or acquired under the provisions of
this division.

1393. The board shall include as a condition in any permit under
which a reservoir with an impounding capacity of 50 acre-feet or more
is to be constructed, that the permittee shall clear the site of the
proposed reservoir of all structures, trees, and other vegetation
which would interfere with the use of the reservoir for water storage
and recreatonal purposes.

1394. (a) The board may reserve jurisdiction, in whole or in part,
to amend, revise, supplement, or delete terms and conditions in a
permit under either of the following circumstances:
(1) If the board finds that sufficient information is not
available to finally determine the terms and conditions which will
reasonably protect vested rights without resulting in waste of water
or which will best develop, conserve, and utilize in the public
interest the water sought to be appropriated, and that a period of
actual operation or time for completion of studies will be necessary
in order to secure the required information.
(2) If the application or applications being acted upon represent
only part of a coordinated project, other applications for the
project being pending, and the board finds that the coordinated
project requires coordinated terms and conditions which cannot
reasonably be decided upon until a decision is reached on the other
pending applications.
(b) Jurisdiction shall be reserved under this section for no
longer period of time than the board finds to be reasonably
necessary, and in no case shall jurisdiction be exercised after the
issuance of the license. The jurisdiction shall be exercised only
after notice to the parties and a hearing.