SECTIONS 1425-1431 - California Statutes

WATER CODE

SECTION 1425-1431

1425. (a) Any person, whether or not an applicant, permittee, or
licensee under provisions of this division other than this chapter,
who has an urgent need to divert and use water may apply for, and the
board may issue, a conditional, temporary permit without complying
with other procedures or provisions of this division, but subject to
all requirements of this chapter.
(b) Prior to issuing a permit pursuant to this chapter, the board
shall make all of the following findings:
(1) The applicant has an urgent need for the water proposed to be
diverted and used.
(2) The water may be diverted and used without injury to any
lawful user of water.
(3) The water may be diverted and used without unreasonable effect
upon fish, wildlife, or other instream beneficial uses.
(4) The proposed diversion and use are in the public interest,
including findings to support permit conditions imposed to ensure
that the water is diverted and used in the public interest, without
injury to any lawful user of water, and without unreasonable effect
upon fish, wildlife, and other instream beneficial uses.
(c) "Urgent need," for the purposes of this chapter, means the
existence of circumstances from which the board may in its judgment
conclude that the proposed temporary diversion and use is necessary
to further the constitutional policy that the water resources of the
state be put to beneficial use to the fullest extent of which they
are capable and that waste of water be prevented; except that the
board shall not find an applicant's need to be urgent if the board in
its judgment concludes, if applicable, that the applicant has not
exercised due diligence either (1) in making application for a permit
pursuant to provisions of this division other than this chapter, or
(2) in pursuing that application to permit.
(d) The board may delegate to any officer or employee of the board
all or any of its functions under this chapter.

1426. The application for a temporary permit shall be completed in
accordance with the provisions of Section 1260 and shall be
accompanied by such maps, drawings, and other data as may be required
by the board, and the applicant shall pay an application fee, and a
permit fee if a temporary permit is issued, both computed in
accordance with the provisions of Chapter 8 (commencing with Section
1525) of this part.

1427. Before making the findings required by Section 1425, the
board shall review available records, files, and decisions which
relate to the availability of water from the source at the proposed
point of diversion to serve the proposed temporary diversion and use,
and which relate to the rights of downstream users; shall consult
with representatives of the Department of Fish and Game; and shall
make a field investigation, if necessary or desirable in the opinion
of the board.

1428. The board may issue a temporary permit in advance of the
notice required by this section. In all cases, whether or not a
temporary permit has been issued, the board shall, as soon as
practicable after the receipt of an application, issue and deliver to
the applicant or permittee a notice of the application or permit,
which includes the information required by Section 1301. Publication
or posting of the notice shall be as follows:
(a) If the application or permit is for more than three cubic feet
per second or for more than 200 acre-feet of storage, and if the
permit is to remain in effect for more than 30 days, the notice shall
be published by and at the expense of the applicant or permittee at
the earliest practicable time, not to exceed 20 days from the date of
issuance of the notice, in a newspaper having a general circulation
and published within the county wherein the point of diversion lies.
Proof of publication shall be by copy of the notice as published and
made part of an affidavit filed with the board within 10 days of
publication.
(b) In all other cases, unless the permit is to be in effect less
than 10 days:
(1) The applicant or permittee shall post the notice in at least
two conspicuous places in the locality to be affected by the
diversion and use. Notices shall be posted not later than two days
after receipt of the notice by the applicant or permittee. An
affidavit containing proof of posting shall be filed with the board
within seven days of the date of notice.
(2) The board shall send a copy of the notice by registered mail
to each person who, in the judgment of the board, could be adversely
affected by the temporary diversion and use.
(c) Regardless of the rate of diversion or the amount of storage,
if the permit is to be in effect less than 10 days, the board shall
exercise its discretion with respect to requiring notice, both before
and after issuance of the temporary permit, and may require such
proof of notice as it deems appropriate.
(d) Any interested person may file objection to the temporary
diversion and use with the board and shall send a copy to the
applicant or permittee.
(e) The board shall give prompt consideration to any objection,
and may hold a hearing thereon, after notice to all interested
persons.
(f) Failure of the permittee to comply with any requirement of
this section shall result in the automatic termination of the
temporary permit.

1429. The board shall supervise diversion and use of water under
the temporary permit for the protection of all lawful users of waters
and instream beneficial uses and for compliance with permit
conditions.

1430. Any temporary permit issued under this chapter shall not
result in creation of a vested right, even of a temporary nature, but
shall be subject at all times to modification or revocation in the
discretion of the board. Any temporary permit shall automatically
expire 180 days after the date of its issuance, unless an earlier
date is specified or it has been revoked.

1431. A temporary permit issued under this chapter may be renewed
by the board. Requests for renewals shall be processed in the manner
provided by this chapter except that the permittee shall not be
required to file duplicate maps, drawings or other data if they were
furnished with the original application. Each such renewal shall be
valid for a period not to exceed 180 days from the date of renewal.