Deference To Decisions By Local Or Regional Agencies - - CA Water

Section § 380

This section highlights that different parts of California have varying water supply needs and availability. Consequently, water management decisions should consider these regional differences.

It emphasizes that local and regional agencies are best suited to make many of these decisions to ensure water use is as efficient as possible across the state. The law supports the idea that local control can enhance water management and aligns with state policies outlined in the California Constitution and other laws.

The Legislature hereby finds and declares as follows:

(a) The various regions of the state differ widely in the availability of water supplies and in the need for water to meet beneficial uses.

(b) Decisions regarding operations to meet water needs can depend in part upon regional differences.

(c) Many water management decisions can best be made at a local or regional level, to the end that local and regional operational flexibility will maximize efficient statewide use of water supplies.

(d) The authority granted by this chapter to local and regional public agencies, as defined in subdivision (a) of Section 65930 of the Government Code and not including federal agencies, is in furtherance of the policy declared in Section 2 of Article X of the California Constitution and in Section 109.

regional water management water supply differences local decision-making maximizing water efficiency local agencies regional operational flexibility California Constitution Article X Section 2 California Government Code Section 65930 beneficial water use statewide water policies local and regional public agencies

(Added by Stats. 1982, Ch. 867, Sec. 2.)

Section § 381

This law states that if a local or regional public agency has been given authority to supply water outside its usual area, that authority takes precedence over any other laws that might impose stricter limits on such activity. This means their power to provide water to outside areas cannot be restricted by other conflicting laws.

The authority of local or regional public agencies pursuant to this chapter shall control over any other provision of law which contains more stringent limitations on the authority of a particular public agency to serve water for use outside the agency, to the extent those other laws are inconsistent with the authority granted herein.

local public agency regional public agency water supply authority serving water outside area restrictions on water service inconsistent laws public agency powers water use limitations authority precedence conflicting water laws water distribution control water service jurisdiction outside agency service local agency control regional agency authority

(Added by Stats. 1982, Ch. 867, Sec. 2.)

Section § 382

This law allows local or regional public agencies that supply water to sell, lease, exchange, or transfer water for use outside their service area. They can do this with water that is more than their members need or water that users voluntarily choose not to use during the transfer period. The law also clarifies that it doesn't prevent such agencies from transferring water or water rights under other laws.

(a) Notwithstanding any other provision of law, every local or regional public agency authorized by law to serve water to the persons or entities within the service area of the agency may sell, lease, exchange, or otherwise transfer, for use outside the agency, either or both of the following:

(1) Water that is surplus to the needs of the water users of the agency.

(2) Water, the use of which is voluntarily foregone, during the period of the transfer, by a water user of the agency.

(b) This chapter does not prohibit or restrict the transfer of water or water rights by local or regional public agencies pursuant to other provisions of law.

water transfer public agency surplus water voluntary water use water lease water sale regional water supply local water agency water exchange transfer of water rights water service area external water use regional public agency water rights transfer agency water sales

(Amended by Stats. 1993, Ch. 188, Sec. 1. Effective January 1, 1994.)

Section § 383

This law section defines when water is considered 'surplus' for an agency's water users. Water is surplus if: (a) the agency has the right to the water through a legal appropriation, and it will exceed the agency's needs during the transfer period, (b) a water user agrees not to use it for a specified time under mutually agreeable terms with the agency, or (c) a user within the agency agrees to let the agency, under mutually agreeable terms, act on their behalf to transfer the water for a specified period.

For the purposes of this chapter, water that is surplus to the needs of the agency’s water users shall mean any of the following:

(a) Water, to which the right is held by the agency pursuant to an appropriation made under the Water Commission Act or Division 2 (commencing with Section 1000), which the agency finds will be in excess of the needs of water users within the agency for the duration of the transfer.

(b) Water, to which the right is held by the agency pursuant to an appropriation made under the Water Commission Act or Division 2 (commencing with Section 1000), of which any water user agrees with the agency, upon mutually satisfactory terms, to forego use for the duration of the transfer.

(c) Water, to which the right is held by a water user within the agency pursuant to an appropriation made under the Water Commission Act or Division 2 (commencing with Section 1000) where the water user and the agency agree, upon mutually satisfactory terms, that the water user will forego use for the period of time specified in the agreement and that the agency shall act as agent for the water user to effect the transfer.

surplus water water rights transfer Water Commission Act agency water users mutually satisfactory terms appropriation forego water use water transfer agreement duration of transfer water needs assessment

(Added by Stats. 1982, Ch. 867, Sec. 2.)

Section § 384

Before an agency can provide water to someone outside its boundaries, it must follow California's general laws about transferring water or water rights. This includes meeting all legal steps and conditions for changes in where the water is taken from, where it's used, or what it's used for due to the transfer.

Prior to serving water to any person for use outside the agency, the agency shall comply with all provisions of the general laws of this state relating to the transfer of water or water rights, including, but not limited to, procedural and substantive requirements governing any change in point of diversion, place of use, or purpose of use due to such transfer.

water transfer water rights agency compliance point of diversion place of use purpose of use outside agency use procedural requirements substantive requirements California water law transfer requirements water supply restrictions compliance obligations diversion changes use changes

(Added by Stats. 1982, Ch. 867, Sec. 2.)

Section § 385

This law requires that if water is to be transferred to someone who will use it within the area already served by a local or regional public agency, that agency must give its consent first.

No water may be transferred pursuant to this chapter for use within the boundaries of a local or regional public agency that furnishes the same water service to the transferee without the prior consent of that agency.

water transfer local public agency regional public agency water service transferee consent requirement boundary restrictions water use agency approval public agency boundaries local water authority water distribution control service area transferred water water infrastructure consent

(Added by Stats. 1982, Ch. 867, Sec. 2.)

Section § 386

This law says that the board can only approve a water transfer request if it won't harm other water users, won't negatively impact fish or wildlife, and won't hurt the area's economy. Additionally, anyone asking for such a change has to pay a fee to cover the board's costs for reviewing the request.

The board may approve any change associated with a transfer pursuant to this chapter only if it finds that the change may be made without injuring any legal user of the water and without unreasonably affecting fish, wildlife, or other instream beneficial uses and does not unreasonably affect the overall economy of the area from which the water is being transferred.

A petitioner requesting a change which is subject to this section shall pay to the board a fee which shall be in an amount determined by the board to cover the reasonable costs of the board in evaluating and processing the petition.

water transfer approval legal user protection environmental impact fish and wildlife instream beneficial uses economic impact fee for petition water board costs transfer request review impact assessment California water law petitioner fee water resource management instream uses protection board evaluation costs

(Added by Stats. 1982, Ch. 867, Sec. 2.)

Section § 387

This law states that if a water transfer agreement is made under this chapter, it can only last up to seven years unless both the agency and the person receiving the water agree to extend it for a longer period.

Any agreement for the transfer of water under the provisions of this chapter shall be for a period not to exceed seven years unless a longer period of time is mutually agreed upon by the agency and the transferee.

water transfer agreements transfer period agreement duration mutual agreement seven-year limit extension of term agency agreement transferee extension conditions contract duration water rights transfer transfer terms California water regulation water agency regulated duration

(Amended by Stats. 1986, Ch. 364, Sec. 1.)