SECTIONS 380-387 - California Statutes

WATER CODE

SECTION 380-387

380. The Legislature hereby finds and declares as follows:
(a) The various regions of the state differ widely in the
availability of water supplies and in the need for water to meet
beneficial uses.
(b) Decisions regarding operations to meet water needs can depend
in part upon regional differences.
(c) Many water management decisions can best be made at a local or
regional level, to the end that local and regional operational
flexibility will maximize efficient statewide use of water supplies.
(d) The authority granted by this chapter to local and regional
public agencies, as defined in subdivision (a) of Section 65930 of
the Government Code and not including federal agencies, is in
furtherance of the policy declared in Section 2 of Article X of the
California Constitution and in Section 109.

381. The authority of local or regional public agencies pursuant to
this chapter shall control over any other provision of law which
contains more stringent limitations on the authority of a particular
public agency to serve water for use outside the agency, to the
extent those other laws are inconsistent with the authority granted
herein.

382. (a) Notwithstanding any other provision of law, every local or
regional public agency authorized by law to serve water to the
persons or entities within the service area of the agency may sell,
lease, exchange, or otherwise transfer, for use outside the agency,
either or both of the following:
(1) Water that is surplus to the needs of the water users of the
agency.
(2) Water, the use of which is voluntarily foregone, during the
period of the transfer, by a water user of the agency.
(b) This chapter does not prohibit or restrict the transfer of
water or water rights by local or regional public agencies pursuant
to other provisions of law.

383. For the purposes of this chapter, water that is surplus to the
needs of the agency's water users shall mean any of the following:
(a) Water, to which the right is held by the agency pursuant to an
appropriation made under the Water Commission Act or Division 2
(commencing with Section 1000), which the agency finds will be in
excess of the needs of water users within the agency for the duration
of the transfer.
(b) Water, to which the right is held by the agency pursuant to an
appropriation made under the Water Commission Act or Division 2
(commencing with Section 1000), of which any water user agrees with
the agency, upon mutually satisfactory terms, to forego use for the
duration of the transfer.
(c) Water, to which the right is held by a water user within the
agency pursuant to an appropriation made under the Water Commission
Act or Division 2 (commencing with Section 1000) where the water user
and the agency agree, upon mutually satisfactory terms, that the
water user will forego use for the period of time specified in the
agreement and that the agency shall act as agent for the water user
to effect the transfer.

384. Prior to serving water to any person for use outside the
agency, the agency shall comply with all provisions of the general
laws of this state relating to the transfer of water or water rights,
including, but not limited to, procedural and substantive
requirements governing any change in point of diversion, place of
use, or purpose of use due to such transfer.

385. No water may be transferred pursuant to this chapter for use
within the boundaries of a local or regional public agency that
furnishes the same water service to the transferee without the prior
consent of that agency.

386. The board may approve any change associated with a transfer
pursuant to this chapter only if it finds that the change may be made
without injuring any legal user of the water and without
unreasonably affecting fish, wildlife, or other instream beneficial
uses and does not unreasonably affect the overall economy of the area
from which the water is being transferred.
A petitioner requesting a change which is subject to this section
shall pay to the board a fee which shall be in an amount determined
by the board to cover the reasonable costs of the board in evaluating
and processing the petition.

387. Any agreement for the transfer of water under the provisions
of this chapter shall be for a period not to exceed seven years
unless a longer period of time is mutually agreed upon by the agency
and the transferee.