SECTIONS 2801-2820 - California Statutes

WATER CODE

SECTION 2801-2820

2801. All persons claiming rights under an incomplete
appropriation, when notified as provided in this chapter, shall
appear and submit their proofs of claim in accordance with this
chapter, or they shall be deemed and held to be in default and to
have abandoned or to have no right, title, or interest in or to the
water of the stream system, other than as the person may be found to
be entitled by the board based on available information and data.

2802. In determining rights based on an incomplete appropriation
initiated according to law prior to December 19, 1914, and since
prosecuted with reasonable diligence in accordance with Section 1416
of the Civil Code, the board shall prescribe such reasonable time for
the completion of the appropriation and the application of the water
to a beneficial use as will enable the claimant acting in good faith
and with due diligence to complete the appropriation.

2803. The order of determination shall provide that within the time
prescribed for completion of the appropriation, or such further time
as the court may allow, the claimant shall submit to the court proof
of completion and the amount of water actually applied to beneficial
use.

2806. The court shall have authority to thereafter hear and
determine proof offered as to the completion of any such right.

2807. Time for completion may be extended from time to time by the
court upon motion made prior to the expiration of the limit of time
fixed therefor.

2808. Notice of motion for an extension of time for completion
shall be filed not more than 90 days prior to the expiration of the
time limit.

2809. The clerk of the court shall post notice of hearing of the
motion at the courthouse where the hearing is to be held and at least
10 days prior to the hearing.

2810. The court may refer the matter of the motion to the board for
its report and recommendation thereon.

2811. Upon receipt of the report and recommendation of the board
or, if the board fails to file its report and recommendations within
90 days after the reference, upon the expiration of that period, the
court shall grant such an extension of time as there is, in its
discretion, good and sufficient cause for, or shall deny the motion.

2812. In event of denial of a motion for the extension of time for
completion the applicant may within 10 days after notice by the clerk
of the denial, file notice of intention to offer proof of
completion.

2813. Any claimant desiring to offer proof of completion shall file
a notice of intention to offer such proof with the clerk of the
court.

2814. The clerk shall post notice of the time for hearing the proof
at the courthouse where the hearing is to be held and at least 10
days prior to the hearing.

2815. Upon submission of proof of completion after entry of the
decree of the court, the court shall enter a supplemental decree
determining the right before it and in event of failure, after entry
of the decree of the court, to submit proof within the time allowed
or to move for and secure an extension of time to do so the court
shall enter a supplemental decree denying the right involved.

2816. All persons claiming rights under incomplete appropriations
who fail to complete their appropriations within the limit of time
fixed by the board in its order of determination, or within such
further time granted upon motion made prior to the expiration of the
time limit as the court finds equitable and just, shall be deemed to
have abandoned their rights of appropriation insofar as the same
remain incomplete, and such appropriators shall be deemed and held to
have no right, title or interest in or to the water of the stream
system insofar as their appropriations have not been completed.

2817. Appeals from any action of the court under this article may
be taken by the board or any party in interest in the same manner and
with the same effect as in the civil cases.

2818. This article shall not be construed to confer any rights of
appropriation upon parties who shall have abandoned their
appropriations or failed to use due diligence in the application of
the water to a beneficial use and in the completion of their
appropriations.

2819. Incomplete appropriations initiated by application under the
provisions of the Water Commission Act or this code shall be included
in the decree but shall continue to be administered by the board as
in other cases. Upon issuance of a license by the board and
completion of court review of the board's action under Article 3
(commencing with Section 1126) of Chapter 4 of Part 1, if court
review is sought, and upon motion of the licensee or the board, the
court shall enter a supplemental decree confirming the right in
accordance with the license. Any change authorized by the board
pursuant to Chapter 10 (commencing with Section 1700), Part 2, of
this division, shall in like manner be the subject of a supplemental
decree.

2820. After revocation by the board of a permit or license relating
to a right included in the decree and upon completion of court
review of the board's action under Article 3 (commencing with Section
1126) of Chapter 4 of Part 1, if court review is sought, the court
shall, upon motion of the board or any interested party, enter a
supplemental decree denying the right involved.