SECTIONS 1410-1410.2 - California Statutes

WATER CODE

SECTION 1410-1410.2

1410. (a) There shall be cause for revocation of a permit if the
work is not commenced, prosecuted with due diligence, and completed
or the water applied to beneficial use as contemplated in the permit
and in accordance with this division and the rules and regulations of
the board.
(b) A permit may be revoked upon request of the permittee or under
either of the following procedures:
(1) If, after a hearing on a petition for extension of time to
complete a project and apply water to beneficial use, the board finds
that cause exists to revoke the permit, the board may revoke the
permit.
(2) If, after an investigation other than a hearing on a petition
for extension of time, it appears that cause exists to revoke a
permit, the board shall give notice of proposed revocation in
writing, mailed in a sealed, prepaid postage and certified letter to
the permittee at his or her last known address. If the permittee
fails to request a hearing with the time provided under Section
1410.1, the board shall revoke the permit and declare the water
subject to appropriation. After a hearing, when a hearing is
requested by the permittee pursuant to Section 1410.1, the board may,
upon a finding that cause exists, revoke the permit and declare the
water subject to appropriation.

1410.1. The notice of proposed revocation of the permit pursuant to
paragraph (2) of subdivision (b) of Section 1410 shall contain a
statement of facts and information upon which the proposed revocation
is based, and shall include a statement substantially in the
following form:
Unless a written request for a hearing signed by or on behalf of
the permittee is delivered or mailed to the board within 15 days
after receipt of this notice, the board may act upon the proposed
revocation of the permit without a hearing. Any request for a hearing
may be made by delivering or mailing the request to the board at the
address given on the notice.

1410.2. In any case when a permit is revoked without a hearing, as
provided in Section 1410.1, the permittee, within 90 days of the date
of the order of revocation, may file with the board a request to set
aside the revocation, and the board, for good cause shown, may
reinstate the permit.