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 23 - Stream Systems Declared to be Fully Appropriated
Section 873 - Applications Pending at Time of Revision or Addition

Universal Citation: 23 CA Code of Regs 873

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

(a) Whenever the board adopts an order revising any conditions specified in a declaration or declaring an additional stream system to be fully appropriated, the Chief, Division of Water Rights, shall review all pending applications, except applications identified in subsection (e), to appropriate unappropriated water from a stream system affected by any such revision or declaration.

(b) Applications determined by the Chief to be consistent with a revised or additional declaration shall be processed normally. In the case of applications determined by the Chief to be inconsistent in any material respect with the conditions of the revised declaration, the Chief shall provide the applicant a notice, entitled "Notice of Potential Cancellation of Water Right Application". The notice shall specify the following elements:

(1) The manner in which the application is inconsistent with the revised declaration.

(2) A reasonable time within which the applicant may withdraw the application.

(3) A reasonable time within which the applicant may amend the application to make it consistent with the conditions of the declaration. An application so amended shall be processed normally.

(4) A reasonable time within which the applicant may provide information to show that the appropriation proposed by the application is entitled to the benefit of any area-of-origin protection principle. Any such information shall be provided in a form which complies with the formal requirements for information presented in an application to appropriate unappropriated water.

(5) A reasonable time within which the applicant may provide information to show that hydrologic circumstances have changed within the stream system declared to be fully appropriated, or that other circumstances exist which justify the continued processing of the application. Such information shall be in sufficient detail to support a prima facie finding that unappropriated water is available to supply the applicant. Any such information shall be provided in a form which complies with the formal requirements for information presented in an application to appropriate unappropriated water.

(c) If an applicant fails to respond to the Notice of Potential Cancellation of Water Right Application within the time specified therein, the Chief shall order cancellation of the application.

(d) If an applicant responds to the Notice of Potential Cancellation of Water Right Application within the specified time by providing information pursuant to subsection (b)(4), the Chief shall provide the board with a recommendation concerning disposition of the application. The recommendation shall be in the form of a proposed order which the board shall thereafter consider and act upon.

(e) The following classes of applications shall not be reviewed for consistency with a revised declaration and shall be processed normally:

(1) Applications filed by the Department of Water Resources or its predecessors pursuant to Water Code Section 10500 and held by the board.

(2) Proposed completed applications accompanying petitions for assignment of all or a portion of any application held by the board pursuant to Water Code Section 10504.

(3) Any application in favor of which a petition for release from priority of an application filed pursuant to Water Code Section 10500 is pending before the board.

(4) Protested applications, other than minor applications within the meaning of Water Code Section 1345 et seq., which have been noticed for hearing as of the date of adoption of the board's order.

(5) Protested applications, other than minor applications within the meaning of Water Code Section 1345 et seq., upon which the parties have stipulated to proceeding in lieu of hearing pursuant to section 760(a) as of the date of adoption of the board's order.

(6) Protested minor applications, within the meaning of Water Code Section 1345 et seq., with respect to which the Division of Water Rights has substantially commenced a field investigation as of the date of the board's order.

1. New section filed 4-7-93; operative 5-7-93 (Register 93, No. 15).

Note: Authority cited: Section 1058, Water Code. Reference: Sections 1205, 1206, 1207 and 1228.2, Water Code.

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