California Code of Regulations
Title 23 - Waters
Division 2 - Department of Water Resources
Chapter 1 - Dams and Reservoirs
Article 1 - General Provisions
Section 303 - Evidence of Water Rights

Universal Citation: 23 CA Code of Regs 303

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The department will not issue a written approval to commence construction or enlargement of a dam or reservoir until the applicant or owner demonstrates evidence of adequate water rights in accordance with the requirements of this section.

(b) The applicant or owner shall provide the department with either:

(1) A copy of an entitlement to the use of water issued by the State Water Resources Control Board pursuant to Division 2, Part 2 (commencing with Section 1200) of the Water Code; or

(2) If the right to divert or use water does not depend on an entitlement identified in subsection (1) above, a statement of the legal basis of the right.

(c) The applicant or owner shall also provide the department with either:

(1) Evidence that a statement of water diversion and use has been filed with the State Water Resources Control Board pursuant to Division 3, Part 1, Chapter 5 (commencing with Section 5100) of the Water Code, or

(2) A statement either establishing that a statement of water diversion and use is not legally required, or showing good cause for not filing one.

(d) The department shall obtain a written statement from the staff of the State Water Resources Control Board stating whether the water right is adequate for the proposed dam and reservoir.

(e) If a right to divert or use water is based upon a claim of riparian rights, or rights to appropriate water established prior to 1914, and such claim is disputed by the State Water Resources Control Board, the department shall not withhold approval to commence construction solely upon the basis of such a dispute, provided that it is satisfied with the evidence of a water right provided pursuant to subsection (b) above.

(f) In the event that the State Water Resources Control Board has initiated proceedings to determine whether to authorize use of water, and no decision has been issued, written approval to commence construction or enlargement shall not be withheld pursuant to this section after the 120th day following either the date that the matter is submitted to the Board for decision after hearing or, if no hearing is held, the date on which the protest period closes.

1. New section filed 5-28-76; effective thirtieth day thereafter (Register 76, No. 22). For history of former section, see Register 70, No. 6.
2. Amendment filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).

Note: Authority cited: Section 6078, Water Code. Reference: Sections 1052, 6075, 6202(d), 6205, and 6264, Water Code.

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