California Code of Regulations
Title 23 - Waters
Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 2 - Appropriation of Water
Article 14 - Standard Permit Terms and Conditions
Section 780 - Standard Permit Terms

Universal Citation: 23 CA Code of Regs 780

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

The board maintains a list of Standard Permit Terms, applicable portions of which are included in all permits. Copies of the Standard Permit Terms are available upon request. In addition to the applicable standard terms which are included in each permit, the following terms shall be included in every water right permit issued by the board, and shall be included in every existing permit as a condition for granting an extension of time to commence or to complete construction work or to apply the water to full beneficial use:

(a) Continuing Authority. Pursuant to California Water Code Sections 100 and 275 and the common law public trust doctrine, all rights and privileges under this permit and under any license issued pursuant thereto, including method of diversion, method of use, and quantity of water diverted, are subject to the continuing authority of the State Water Resources Control Board in accordance with law and in the interest of the public welfare to protect public trust uses and to prevent waste, unreasonable use, unreasonable method of use or unreasonable method of diversion of said water.

The continuing authority of the board may be exercised by imposing specific requirements over and above those contained in this permit with a view to eliminating waste of water and to meeting the reasonable water requirements of permittee without unreasonable draft on the source. Permittee may be required to implement a water conservation plan, features of which may include but not necessarily be limited to:

(1) reusing or reclaiming the water allocated;

(2) using water reclaimed by another entity instead of all or part of the water allocated;

(3) restricting diversions so as to eliminate agricultural tailwater or to reduce return flow;

(4) suppressing evaporation losses from water surfaces;

(5) controlling phreatophytic growth; and

(6) to installing, maintaining, and operating efficient water measuring devices to assure compliance with the quantity limitations of this permit and to determine accurately water use as against reasonable water requirements for the authorized project. No action will be taken pursuant to this paragraph unless the board determines, after notice to affected parties and opportunity for hearing, that such specific requirements are physically and financially feasible and are appropriate to the particular situation. The continuing authority of the board also may be exercised by imposing further limitations on the diversion and use of water by the permittee in order to protect public trust uses. No action will be taken pursuant to this paragraph unless the board determines, after notice to affected parties and opportunity for hearing, that such action is consistent with California Constitution Article X, Sec. 2; is consistent with the public interest and is necessary to preserve or restore the uses protected by the public trust.

(b)

(1) Water Quality Objectives. The quantity of water diverted under this permit and under any license issued pursuant thereto is subject to modification by the State Water Resources Control Board if, after notice to the permittee and an opportunity for hearing, the board finds that such modification is necessary to meet water quality objectives in water quality control plans which have been or hereafter may be established or modified pursuant to Division 7 of the Water Code. No action will be taken pursuant to this paragraph unless the board finds that (1) adequate waste discharge requirements have been prescribed and are in effect with respect to all waste discharges which have any substantial effect upon water quality in the area involved, and

(2) the water quality objectives cannot be achieved solely through the control of waste discharges.

(c) Automatic Approval of Permits. Permits approved in accordance with the provisions of Government Code Section 65956 which provides for automatic approval of development applications under certain conditions shall contain terms (a) and (b) of this section and all other applicable Standard Permit Terms, and the season of diversion authorized by the permit shall be consistent with past decisions of the board concerning availability of unappropriated water in the watershed in question.

1. Renumbering and amendment of Section 766 to Section 780 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 78, No. 31.

Note: Authority cited: Section 1058, Water Code. Reference: Sections 100, 106, 275, 1243.5, 1250, 1252, 1253, 1391, 1394, and Division 7, Water Code; National Audubon Society v. Superior Court of Alpine County 33 Cal.3d 419, 189 Cal.Rptr. 346, 658 P.2d 709 (1983); and Section 2, Article X, California Constitution.

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