SECTIONS 5100-5107 - California Statutes

WATER CODE

SECTION 5100-5107

5100. As used in this part:
(a) "Best available technologies" means technologies at the
highest technically practical level, using flow totaling devices, and
if necessary, data loggers and telemetry.
(b) "Best professional practices" means practices attaining and
maintaining the accuracy of measurement and reporting devices and
methods.
(c) "Diversion" means taking water by gravity or pumping from a
surface stream or subterranean stream flowing through a known and
definite channel, or other body of surface water, into a canal,
pipeline, or other conduit, and includes impoundment of water in a
reservoir.
(d) "Person" means all persons whether natural or artificial,
including the United States of America, State of California, and all
political subdivisions, districts, municipalities, and public
agencies.

5101. Each person who, after December 31, 1965, diverts water shall
file with the board, prior to July 1 of the succeeding year, a
statement of his or her diversion and use, except that a statement is
not required to be filed if the diversion is any of the following:
(a) From a spring that does not flow off the property on which it
is located and from which the person's aggregate diversions do not
exceed 25 acre-feet in any year.
(b) Covered by a registration for small domestic or livestock
stockpond uses, or permit or license to appropriate water on file
with the board.
(c) Included in a notice filed pursuant to Part 5 (commencing with
Section 4999).
(d) Regulated by a watermaster appointed by the department and
included in annual reports filed with a court or the board by the
watermaster, which reports identify the persons who have diverted
water and describe the general purposes and the place, the use, and
the quantity of water that has been diverted from each source.
(e) Included in annual reports filed with a court or the board by
a watermaster appointed by a court or pursuant to statute to
administer a final judgment determining rights to water, which
reports identify the persons who have diverted water and give the
general place of use and the quantity of water that has been diverted
from each source.
(f) For use in compliance with Article 2.5 (commencing with
Section 1226) or Article 2.7 (commencing with Section 1228) of
Chapter 1 of Part 2.
(g) A diversion that occurs before January 1, 2009, if any of the
following applies:
(1) The diversion is from a spring that does not flow off the
property on which it is located, and the person's aggregate
diversions do not exceed 25 acre-feet in any year.
(2) The diversion is covered by an application to appropriate
water on file with the board.
(3) The diversion is reported by the department in its hydrologic
data bulletins.
(4) The diversion is included in the consumptive use data for the
Delta lowlands published by the department in its hydrologic data
bulletins.

5102. The statement may be filed either by the person who is
diverting water or, on his behalf, by an agency which he designates
and which maintains a record of the water diverted. A separate
statement shall be filed for each point of diversion.

5103. Each statement shall be prepared on a form provided by the
board. The statement shall include all of the following information:
(a) The name and address of the person who diverted water and of
the person filing the statement.
(b) The name of the stream or other source from which water was
diverted, and the name of the next major stream or other body of
water to which the source is tributary.
(c) The place of diversion. The location of the diversion works
shall be depicted on a specific United States Geological Survey
topographic map, or shall be identified using the California
Coordinate System, or latitude and longitude measurements. If
assigned, the public land description to the nearest 40-acre
subdivision and the assessor's parcel number shall also be provided.
(d) The capacity of the diversion works and of the storage
reservoir, if any, and the months in which water was used during the
preceding calendar year.
(e) (1) On and after January 1, 2012, monthly records of water
diversions. The measurements of the diversion shall be made using
best available technologies and best professional practices. Nothing
in this paragraph shall be construed to require the implementation of
technologies or practices by a person who provides to the board
documentation demonstrating that the implementation of those
practices is not locally cost effective.
(2) (A) The terms of, and eligibility for, any grant or loan
awarded or administered by the department, the board, or the
California Bay-Delta Authority on behalf of a person that is subject
to paragraph (1) shall be conditioned on compliance with that
paragraph.
(B) Notwithstanding subparagraph (A), the board may determine that
a person is eligible for a grant or loan even though the person is
not complying with paragraph (1), if both of the following apply:
(i) The board determines that the grant or loan will assist the
grantee or loan recipient in complying with paragraph (1).
(ii) The person has submitted to the board a one-year schedule for
complying with paragraph (1).
(C) It is the intent of the Legislature that the requirements of
this subdivision shall complement and not affect the scope of
authority granted to the board by provisions of law other than this
article.
(f) The purpose of use.
(g) A general description of the area in which the water was used.
The location of the place of use shall be depicted on a specific
United States Geological Survey topographic map and on any other maps
with identifiable landmarks. If assigned, the public land
description to the nearest 40-acre subdivision and the assessor's
parcel number shall also be provided.
(h) The year in which the diversion was commenced as near as is
known.

5104. (a) Supplemental statements shall be filed at three-year
intervals, prior to July 1 of the year next succeeding the end of
each three-year interval. They shall contain the quantity of water
diverted and the rate of diversion by months in each of the preceding
three calendar years and any change in the other information
contained in the preceding statement.
(b) If there is a change in the name or address of the person
diverting the water, a supplemental statement shall be filed with the
board that includes the change in name or address.

5105. Upon failure of any person to file a statement required by
this part, the board may, at the expense of such person, investigate
and determine in writing the facts required by either Sections 5103
or 5104, provided the board first gives such person written notice of
its intention to investigate and determine the facts and 60 days in
which to file the statement without penalty.

5106. (a) Neither the statements submitted under this part nor the
determination of facts by the board pursuant to Section 5105 shall
establish or constitute evidence of a right to divert or use water.
(b) (1) The board may rely on the names and addresses included in
statements submitted under this part for the purpose of determining
the names and addresses of persons who are to receive notices with
regard to proceedings before the board.
(2) Notwithstanding paragraph (1), any person may submit, in
writing, a request to the board to provide notification to a
different address, and the board shall provide the notification to
that address.
(3) If the board provides notice to persons who file statements
under this part, the notice shall not be determined to be inadequate
on the basis that notice was not received by a person, other than a
party to whom the board's action is directed, who fails to file a
statement required to be filed under this part.
(4) This subdivision does not affect the requirement in Section
2527 to provide notice to all persons who own land that appears to be
riparian to the stream system.
(c) In any proceeding before the board to determine whether an
application for a permit to appropriate water should be approved, any
statement submitted under this part or determination by the board
pursuant to Section 5105 is evidence of the facts stated therein.

5107. (a) The making of any willful misstatement pursuant to this
part is a misdemeanor punishable by a fine not exceeding one thousand
dollars ($1,000) or by imprisonment in the county jail for not to
exceed six months, or both.
(b) Any person who fails to file a statement required to be filed
under this part for a diversion or use that occurs after January 1,
2009, who tampers with any measuring device, or who makes a material
misstatement pursuant to this part may be liable civilly as provided
in subdivisions (c) and (d).
(c) Civil liability may be administratively imposed by the board
pursuant to Section 1055 in an amount not to exceed the following
amounts:
(1) For failure to file a statement, one thousand dollars
($1,000), plus five hundred dollars ($500) per day for each
additional day on which the violation continues if the person fails
to file a statement within 30 days after the board has called the
violation to the attention of that person.
(2) For a violation resulting from a physical malfunction of a
measuring device not caused by the person or any other unintentional
misstatement, two hundred fifty dollars ($250), plus two hundred
fifty dollars ($250) per day for each additional day on which the
measuring device continues to malfunction or the misstatement is not
corrected if the person fails to correct or repair the measuring
device or correct the misstatement within 60 days after the board has
called the malfunction or violation to the attention of that person.
(3) For knowingly tampering with any measuring device or knowingly
making a material misstatement in a statement filed under this part,
twenty-five thousand dollars ($25,000), plus one thousand dollars
($1,000) for each day on which the violation continues if the person
fails to correct the violation within 30 days after the board has
called the violation to the attention of that person.
(4) For any other violation, five hundred dollars ($500), plus two
hundred fifty dollars ($250) for each additional day on which the
violation continues if the person fails to correct the violation
within 30 days after the board has called the violation to the
attention of that person.
(d) When an additional penalty may be imposed under subdivision
(c) for failure to correct a violation or correct or repair a
malfunctioning measuring device within a specified period after the
violation has been called to a person's attention by the board, the
board, for good cause, may provide for a longer period for correction
of the problem, and the additional penalty shall not apply if the
violation is corrected within the period specified by the board.
(e) In determining the appropriate amount, the board shall
consider all relevant circumstances, including, but not limited to,
all of the following factors:
(1) The extent of harm caused by the violation.
(2) The nature and persistence of the violation.
(3) The length of time over which the violation occurs.
(4) Any corrective action undertaken by the violator.
(f) All funds recovered pursuant to this section shall be
deposited in the Water Rights Fund established pursuant to Section
1550.
(g) Remedies under this section are in addition to, and do not
supersede or limit, any other remedies, civil or criminal.