California Code of Regulations
Title 23 - Waters
Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 5 - Fees
Section 1065 - Annual Fees for Petitions or Requests

Universal Citation: 23 CA Code of Regs 1065

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

(a) If any of the following circumstances occurs, a person filing a petition or request for release from priority shall pay an annual fee of $1,000 plus $0.40 per acre-foot as calculated pursuant to section 1066, subdivision (b), up to a maximum of $10,000, for each water right application, permit or license covered by the petition or request. This annual fee is in addition to any annual fee required under section 1066.

(1) The person requests the board to delay processing the petition or request.

(2) The person diverts or uses water, before the board approves the requested change, in a manner that is not authorized without approval of the requested change.

(3) The person is a lead agency under the California Environmental Quality Act (CEQA) (commencing with Public Resources Code section 21000) and has not adopted or certified a final environmental document for the project for which the petition or request is filed, as may be required under CEQA, within two years after the board first provides notice of the petition or request.

(4) The person fails to provide supplemental information requested pursuant to Water Code section 1701.3 within the time period provided.

(b) The fee due pursuant to subdivision (a) may be reduced to $500 for any given year where the Division finds both of the following:

(1) The petitioner has timely provided all information required to continue processing the petition; and

(2) The Division has been unable to expend significant resources towards completion of processing the petition.

1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
2. Amendment of section heading, first paragraph and subsections (a) and (c) filed 10-21-2005 as an emergency; operative 10-21-2005. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2005, No. 42).
3. Editorial correction of HISTORY 2 (Register 2008, No. 45).
4. Amendment filed 10-28-2019 as an emergency; operative 10-28-2019. Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2019, No. 44).

Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1525, 1536 and 1537, Water Code.

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