California Code of Regulations
Title 23 - Waters
Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 2.7 - Water Diversion and Use Reports
Article 2 - Declaration of Policy
Section 917 - Reporting - Insufficient Flows to Support All Diversions

Universal Citation: 23 CA Code of Regs 917

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

(a) When flows or projected available supplies in a watershed or subwatershed are sufficient to support some but not all projected diversion demand, the Deputy Director for the Division of Water Rights may require water diverters located within the watershed or subwatershed to electronically submit monthly or more frequent reports of water diversion.

(b) Reports of water diversion shall be submitted in accordance with a schedule approved by the Deputy Director for the Division of Water Rights. The schedule may require monthly, daily, or more frequent reporting. In determining the frequency of reporting, the Deputy Director for the Division of Water Rights shall not exceed the frequency of recording required under section 933, subdivision (b)(1), of this title.

(c) Water right diversion demand projections made under this section may be based on reported diversion and use data, including but not limited to data submitted with Progress Reports by Permittees, Reports of Licensees, Reports of Registration and Certificate Holders, Supplemental Statements of Water Diversion and Use, and reports filed by watermasters pursuant to Water Code section 5101, subdivisions (d) and (e).

(d) Water availability projections made under this section may be based on:

(1) Projections from the Department of Water Resources or its successor;

(2) Projections from the National Weather Service, California Nevada River Forecast Center, and similar sources;

(3) Stream gage data; and

(4) Other data the Deputy Director for the Division of Water Rights determines is appropriate, given data availability, data reliability, and staff resources.

(e) The failure to electronically submit diversion reports requested in accordance with the applicable schedule approved by the Deputy Director for the Division of Water Rights, even when no diversions are made, is a violation subject to civil liability of up to $500 per day pursuant to Water Code section 1846.

(f) This section shall only apply to diverters described in section 1841, subdivision (a) of the Water Code.

1. New section filed 3-21-2016 as an emergency; operative 3-21-2016 (Register 2016, No. 13). Pursuant to Water Code section 1841(b), the regulation shall remain in effect until revised by the State Water Resources Control Board. For prior history, see Register 87, No. 10.

Note: Authority cited: Sections 348(a), 1058, 1840 and 1841, Water Code. Reference: Sections 348(a), 1846, 5101, 5103 and 5104, Water Code.

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