SECTIONS 1435-1442 - California Statutes

WATER CODE

SECTION 1435-1442

1435. (a) Any permittee or licensee who has an urgent need to
change a point of diversion, place of use, or purpose of use from
that specified in the permit or license may petition for, and the
board may issue, a conditional, temporary change order without
complying with other procedures or provisions of this division, but
subject to all requirements of this chapter.
(b) Prior to issuing a change order pursuant to this chapter, the
board shall make all of the following findings:
(1) The permittee or licensee has an urgent need to make the
proposed change.
(2) The proposed change may be made without injury to any other
lawful user of water.
(3) The proposed change may be made without unreasonable effect
upon fish, wildlife, or other instream beneficial uses.
(4) The proposed change is in the public interest, including
findings to support change order conditions imposed to ensure that
the change is in the public interest, and may be made without injury
to any other lawful user of the 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 change 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 a petitioner's need to be urgent if the board in its
judgment concludes, if applicable, that the petitioner has not
exercised due diligence either (1) in petitioning for a change
pursuant to provisions of this division other than this chapter, or
(2) in pursuing that petition for change.
(d) The board may delegate to any officer or employee of the board
all or any of its functions under this chapter.

1436. The petition for a temporary change order shall be completed
in accordance with the rules of the board, and the petitioner shall
pay the fee required by Chapter 8 (commencing with Section 1525).

1437. Before making the findings required by Section 1435, the
board shall review available records, files, and decisions which
relate to the rights of other legal users of water, consult with
representatives of the Department of Fish and Game, and make a field
investigation if the investigation is necessary or desirable in the
opinion of the board.

1438. (a) The board may issue a temporary change order in advance
of the notice required by this section. In all cases, whether or not
a temporary change order has been issued, the board shall, as soon as
practicable after the receipt of a petition, issue and deliver to
the permittee or licensee a notice of the change order which includes
the information required by the rules of the board.
(b) Publication or posting of the notice shall be as follows:
(1) If the permit or license is for more than three cubic feet per
second or for more than 200 acre-feet of storage, and if the change
order is to remain in effect for more than 30 days, the notice shall
be published by, and at the expense of, the permittee or licensee 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.
(2) In all other cases, unless the change order is to be in effect
less than 10 days:
(A) The permittee or licensee shall post the notice in at least
two conspicuous places in the locality to be affected by the change.
Notices shall be posted not later than two days after receipt. An
affidavit containing proof of posting shall be filed with the board
within seven days of the date of notice.
(B) 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 change.
(c) Regardless of the rate of diversion or the amount of storage,
if the change order 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 change order, and may require such
proof of notice as it deems appropriate.
(d) Any interested person may file an objection to the temporary
change with the board, and the board shall send a copy of that
objection to the permittee or licensee.
(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 or licensee to comply with any
requirement of this section shall result in the automatic termination
of the temporary change.

1439. The board shall supervise diversion and use of water under
the temporary change order for the protection of all other lawful
users of water and instream beneficial uses and for compliance with
change order conditions.

1440. Any temporary change order 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 change order shall
automatically expire 180 days after the date of its issuance unless
an earlier date is specified or it has been revoked.

1441. A temporary change order issued under this chapter may be
renewed by the board. Requests for renewal shall be processed in the
manner provided by this chapter except that the permittee or licensee
shall not be required to file duplicate maps, drawings, or other
data if they were furnished with the original petition. Each such
renewal shall be valid for a period not to exceed 180 days from the
date of renewal.

1442. This chapter shall not apply to any permittee or licensee
petitioning for a temporary change pursuant to Chapter 10.5
(commencing with Section 1725).