Part 5.1STATEMENTS OF WATER DIVERSIONS AND USE

Section § 5100

Explanation

This section explains terms used in water management laws. 'Best available technologies' are the most advanced tools for measuring water flow, like data loggers. 'Best professional practices' ensure measurement tools are accurate. 'Diversion' refers to redirecting water from streams into canals or reservoirs. 'Person' includes individuals, governments, and other organizations.

As used in this part:
(a)CA Water Code § 5100(a) “Best available technologies” means technologies at the highest technically practical level, using flow totaling devices, and if necessary, data loggers and telemetry.
(b)CA Water Code § 5100(b) “Best professional practices” means practices attaining and maintaining the accuracy of measurement and reporting devices and methods.
(c)CA Water Code § 5100(c) “Diversion” means taking water by gravity or pumping from a surface stream or subterranean stream flowing through a known and definite channel, or other body of surface water, into a canal, pipeline, or other conduit, and includes impoundment of water in a reservoir.
(d)CA Water Code § 5100(d) “Person” means all persons whether natural or artificial, including the United States of America, State of California, and all political subdivisions, districts, municipalities, and public agencies.
best available technologies flow totaling devices data loggers telemetry best professional practices accuracy of measurement reporting devices diversion gravity or pumping surface stream subterranean stream impoundment of water reservoir canal pipeline conduit natural or artificial persons
(Amended by Stats. 2009, 7th Ex. Sess., Ch. 2, Sec. 3. (SB 8 7x) Effective February 3, 2010.)

Section § 5101

Explanation

This law mandates that anyone diverting water after December 31, 1965, must file a report with the water board detailing their water diversion and usage unless certain exceptions apply. These exceptions include diversions from a private spring, those covered by specific registrations or permits, and diversions overseen by a watermaster with reports submitted to a court or board. Diversions that started before January 1, 2009, may have other specific exemptions. There are also deadlines for filing these reports, which vary depending on when the water was diverted. For instances after September 30, 2021, reports are due annually by February 1, covering the period from October 1 to September 30 of the following year.

(a)CA Water Code § 5101(a) Each person who, after December 31, 1965, diverts water shall file with the board a statement of their diversion and use, as provided in subdivision (b), except that a statement is not required to be filed if the diversion is any of the following:
(1)CA Water Code § 5101(a)(1) From a spring that does not flow off the property on which it is located and from which the person’s aggregate diversions do not exceed 25 acre-feet in any year.
(2)CA Water Code § 5101(a)(2) Covered by a registration for small domestic use, small irrigation use, or livestock stockpond use, or permit or license to appropriate water on file with the board.
(3)CA Water Code § 5101(a)(3) Included in a notice filed pursuant to Part 5 (commencing with Section 4999).
(4)CA Water Code § 5101(a)(4) Regulated by a watermaster appointed by the department and included in annual reports filed with a court or the board by the watermaster, which reports identify the persons who have diverted water and describe the general purposes and the place, the use, and the quantity of water that has been diverted from each source.
(5)CA Water Code § 5101(a)(5) Included in annual reports filed with a court or the board by a watermaster appointed by a court or pursuant to statute to administer a final judgment determining rights to water, which reports identify the persons who have diverted water and give the general place of use and the quantity of water that has been diverted from each source.
(6)CA Water Code § 5101(a)(6) For use in compliance with Article 2.5 (commencing with Section 1226) or Article 2.7 (commencing with Section 1228) of Chapter 1 of Part 2.
(7)CA Water Code § 5101(a)(7) A diversion that occurs before January 1, 2009, if any of the following applies:
(A)CA Water Code § 5101(a)(7)(A) The diversion is from a spring that does not flow off the property on which it is located, and the person’s aggregate diversions do not exceed 25 acre-feet in any year.
(B)CA Water Code § 5101(a)(7)(B) The diversion is covered by an application to appropriate water on file with the board.
(C)CA Water Code § 5101(a)(7)(C) The diversion is reported by the department in its hydrologic data bulletins.
(D)CA Water Code § 5101(a)(7)(D) The diversion is included in the consumptive use data for the Delta lowlands published by the department in its hydrologic data bulletins.
(b)Copy CA Water Code § 5101(b)
(1)Copy CA Water Code § 5101(b)(1) For diversions after December 31, 1965, and before January 1, 2021, the statement shall be filed before July 1 of the year after the diversion.
(2)CA Water Code § 5101(b)(2) For diversions after December 31, 2020, and before October 1, 2021, the statement shall be filed before April 1, 2022.
(3)CA Water Code § 5101(b)(3) For diversions after September 30, 2021, the statement shall include diversions during the one-year period from October 1 of each year through September 30, inclusive, of the following year, and shall be filed before February 1 of the year after that one-year period.
water diversion reporting water board filings small domestic use exemption watermaster regulation spring water diversion registered water use pre-2021 water diversion annual water report water use permits state water board court-appointed watermaster final judgment water rights Delta lowlands consumptive use hydrologic data bulletins approved water diversion
(Amended by Stats. 2021, Ch. 258, Sec. 44. (SB 155) Effective September 23, 2021.)

Section § 5102

Explanation

This law explains that when a person diverts water, they need to file a statement. The filing can be done by the person themselves or by an agency they choose that keeps records of the water diverted. Additionally, a separate statement must be submitted for each location where water is diverted.

The statement may be filed either by the person who is diverting water or, on his behalf, by an agency which he designates and which maintains a record of the water diverted. A separate statement shall be filed for each point of diversion.
water diversion statement filing designated agency recordkeeping point of diversion individual filing agency responsibility location-specific water use reporting diversion records submission requirement
(Amended by Stats. 1967, Ch. 62.)

Section § 5103

Explanation

This law section outlines what information must be included in a water diversion statement submitted to the board. It includes details about the person's name and address, the source and destination of the water, and the location where the water is being diverted. The statement must describe the diversion's capacity and when the water was used, with detailed monthly records if more than 10 acre-feet are diverted per year. Compliance with measurement regulations is tied to eligibility for certain grants or loans. Additionally, the statement needs to specify the purpose of the water use, particularly for cannabis cultivation, and include a general description of the area where the water was used. The year when the diversion started should also be noted.

Each statement shall be prepared on a form provided by the board. The statement shall include all of the following information:
(a)CA Water Code § 5103(a) The name and address of the person who diverted water and of the person filing the statement.
(b)CA Water Code § 5103(b) The name of the stream or other source from which water was diverted, and the name of the next major stream or other body of water to which the source is tributary.
(c)CA Water Code § 5103(c) The place of diversion. The location of the diversion works shall be depicted on a specific United States Geological Survey topographic map, or shall be identified using the California Coordinate System, or latitude and longitude measurements. If assigned, the public land description to the nearest 40-acre subdivision and the assessor’s parcel number shall also be provided.
(d)CA Water Code § 5103(d) The capacity of the diversion works and of the storage reservoir, if any, and the months in which water was used during the preceding calendar year.
(e)Copy CA Water Code § 5103(e)
(1)Copy CA Water Code § 5103(e)(1) (A) At least monthly records of water diversions. The measurements of the diversion shall be made in accordance with Section 1840.
(B)Copy CA Water Code § 5103(e)(1)(B)
(i)Copy CA Water Code § 5103(e)(1)(B)(i) On and after July 1, 2016, the measurement of a diversion of 10 acre-feet or more per year shall comply with regulations adopted by the board pursuant to Article 3 (commencing with Section 1840) of Chapter 12 of Part 2.
(ii)CA Water Code § 5103(e)(1)(B)(i)(ii) The requirement of clause (i) is extended to January 1, 2017, for any statement filer that enters into a voluntary agreement that is acceptable to the board to reduce the statement filer’s diversions during the 2015 irrigation season.
(2)Copy CA Water Code § 5103(e)(2)
(A)Copy CA Water Code § 5103(e)(2)(A) The terms of, and eligibility for, any grant or loan awarded or administered by the department, the board, or the California Bay-Delta Authority on behalf of a person that is subject to paragraph (1) shall be conditioned on compliance with that paragraph.
(B)CA Water Code § 5103(e)(2)(A)(B) Notwithstanding subparagraph (A), the board may determine that a person is eligible for a grant or loan even though the person is not complying with paragraph (1), if both of the following apply:
(i)CA Water Code § 5103(e)(2)(A)(B)(i) The board determines that the grant or loan will assist the grantee or loan recipient in complying with paragraph (1).
(ii)CA Water Code § 5103(e)(2)(A)(B)(ii) The person has submitted to the board a one-year schedule for complying with paragraph (1).
(C)CA Water Code § 5103(e)(2)(A)(C) It is the intent of the Legislature that the requirements of this subdivision shall complement and not affect the scope of authority granted to the board by provisions of law other than this article.
(f)Copy CA Water Code § 5103(f)
(1)Copy CA Water Code § 5103(f)(1) The purpose of use.
(2)CA Water Code § 5103(f)(2) The amount of water used, if any, for cannabis cultivation.
(g)CA Water Code § 5103(g) A general description of the area in which the water was used. The location of the place of use shall be depicted on a specific United States Geological Survey topographic map and on any other maps with identifiable landmarks. If assigned, the public land description to the nearest 40-acre subdivision and the assessor’s parcel number shall also be provided.
(h)CA Water Code § 5103(h) The year in which the diversion was commenced as near as is known.
water diversion statement diversion capacity measurement of diversions compliance with regulations grants and loans eligibility diversion location cannabis cultivation water use monthly water records California Coordinate System US Geological Survey map statement filing information stream water source diversion commencement year purpose of water use assessor’s parcel number
(Amended by Stats. 2016, Ch. 32, Sec. 103. (SB 837) Effective June 27, 2016.)

Section § 5104

Explanation

This law requires anyone who diverts water to submit annual reports called supplemental statements. These statements must include the amount of water diverted, the rate of diversion by month, and any changes to previously reported information. Specific deadlines are set for submitting these reports depending on when the water was diverted. For example, for diversions before 2021, reports are due by July 1 of the following year. If the diversion happened after December 31, 2020, different deadlines apply, such as April 1, 2022, for specific periods. Additionally, if the water diverter's name or address changes, this must be reported. The law also allows the board to ask for additional information or more frequent reports.

(a)CA Water Code § 5104(a) Supplemental statements shall be filed annually, as provided in subdivision (b). They shall contain the quantity of water diverted and the rate of diversion by months in the preceding calendar year and any change in the other information contained in the preceding statement.
(b)Copy CA Water Code § 5104(b)
(1)Copy CA Water Code § 5104(b)(1) For diversions before January 1, 2021, a supplemental statement required under this section shall be filed before July 1 of the year after the diversion.
(2)CA Water Code § 5104(b)(2) For diversions after December 31, 2020, and before October 1, 2021, the supplemental statement shall be filed before April 1, 2022.
(3)CA Water Code § 5104(b)(3) For diversions after September 30, 2021, the supplemental statement shall include diversions during the one-year period from October 1 of each year through September 30, inclusive, of the following year, and shall be filed before February 1 of the year after that one-year period.
(c)CA Water Code § 5104(c) If there is a change in the name or address of the person diverting the water, a supplemental statement shall be filed with the board that includes the change in name or address.
(d)CA Water Code § 5104(d) A supplemental statement filed prior to July 1, 2016, shall include data satisfying the requirements of subdivision (a) for any diversion of water in the 2012, 2013, and 2014 calendar years, that was not reported in a supplemental statement submitted prior to July 1, 2015.
(e)CA Water Code § 5104(e) This section does not limit the authority of the board to require additional information or more frequent reporting under any other law.
water diversion annual reporting supplemental statements rate of diversion quantity of water reporting deadlines board authority name change address change diversion timeline reporting requirements annual water usage pre-2021 water diversion diversion data
(Amended by Stats. 2021, Ch. 258, Sec. 45. (SB 155) Effective September 23, 2021.)

Section § 5105

Explanation

If someone doesn't file a required statement, the board can investigate and figure out the needed facts, charging the person for any costs. However, they must first inform the person about the investigation and give them 60 days to file the statement without facing any penalty.

Upon failure of any person to file a statement required by this part, the board may, at the expense of such person, investigate and determine in writing the facts required by either Sections 5103 or 5104, provided the board first gives such person written notice of its intention to investigate and determine the facts and 60 days in which to file the statement without penalty.
filing statement board investigation failure to file penalty period written notice 60 days allowance investigation costs Section 5103 Section 5104 expense of person required facts statement filing requirement notice of intention determine facts
(Added by Stats. 1965, Ch. 1430.)

Section § 5106

Explanation

This law section clarifies that just submitting statements or having facts determined by the board doesn't automatically grant any rights to use water. For sending notices about proceedings, the board can use the contact information from these statements, but you can request notifications to a different address. If someone doesn't file the required statement, they may not receive notice, but that doesn’t mean the notice was inadequate. Additionally, if you're involved in a permit application for water use, the statements submitted and facts determined can be used as evidence in the process.

(a)CA Water Code § 5106(a) Neither the statements submitted under this part nor the determination of facts by the board pursuant to Section 5105 shall establish or constitute evidence of a right to divert or use water.
(b)Copy CA Water Code § 5106(b)
(1)Copy CA Water Code § 5106(b)(1) The board may rely on the names and addresses included in statements submitted under this part for the purpose of determining the names and addresses of persons who are to receive notices with regard to proceedings before the board.
(2)CA Water Code § 5106(b)(2) Notwithstanding paragraph (1), any person may submit, in writing, a request to the board to provide notification to a different address, and the board shall provide the notification to that address.
(3)CA Water Code § 5106(b)(3) If the board provides notice to persons who file statements under this part, the notice shall not be determined to be inadequate on the basis that notice was not received by a person, other than a party to whom the board’s action is directed, who fails to file a statement required to be filed under this part.
(4)CA Water Code § 5106(b)(4) This subdivision does not affect the requirement in Section 2527 to provide notice to all persons who own land that appears to be riparian to the stream system.
(c)CA Water Code § 5106(c) In any proceeding before the board to determine whether an application for a permit to appropriate water should be approved, any statement submitted under this part or determination by the board pursuant to Section 5105 is evidence of the facts stated therein.
water diversion rights use water rights notification procedures permit application evidence in water proceedings riparian landowners contact information for notices failure to file statements board's authority submission of statements water appropriation applications evidence used by board stream system riparian facts determination by board
(Amended by Stats. 1997, Ch. 323, Sec. 22. Effective January 1, 1998.)

Section § 5107

Explanation

This law states that if someone makes a willful false statement related to water regulations, it's a misdemeanor subject to a fine of up to $1,000 or up to six months in jail, or both. If a person doesn't file a required statement related to water use after January 1, 2009, tampers with measuring devices, or makes significant false statements, they could face civil penalties. These could include fines for failing to file statements or for device malfunctions, with fees increasing daily if the problem isn't fixed within 30 days of notification by the board.

The penalties can be as high as $25,000, with additional daily fines if the violation is not corrected in time. The board considers factors like harm caused and how long the violation persists when determining fines. Any fines collected go to the Water Rights Fund. The law also mentions that these penalties are in addition to other possible legal actions.

(a)CA Water Code § 5107(a) The making of any willful misstatement pursuant to this part is a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the county jail for not to exceed six months, or both.
(b)CA Water Code § 5107(b) Any person who fails to file a statement required to be filed under this part for a diversion or use that occurs after January 1, 2009, who tampers with any measuring device, or who makes a material misstatement pursuant to this part may be liable civilly as provided in subdivisions (c) and (d).
(c)CA Water Code § 5107(c) Civil liability may be administratively imposed by the board pursuant to Section 1055 in an amount not to exceed the following amounts:
(1)CA Water Code § 5107(c)(1) For failure to file a statement, one thousand dollars ($1,000), plus five hundred dollars ($500) per day for each additional day on which the violation continues if the person fails to file a statement within 30 days after the board has called the violation to the attention of that person.
(2)CA Water Code § 5107(c)(2) For a violation resulting from a physical malfunction of a measuring device not caused by the person or any other unintentional misstatement, two hundred fifty dollars ($250), plus two hundred fifty dollars ($250) per day for each additional day on which the measuring device continues to malfunction or the misstatement is not corrected if the person fails to correct or repair the measuring device or correct the misstatement within 60 days after the board has called the malfunction or violation to the attention of that person.
(3)CA Water Code § 5107(c)(3) For knowingly tampering with any measuring device or knowingly making a material misstatement in a statement filed under this part, twenty-five thousand dollars ($25,000), plus one thousand dollars ($1,000) for each day on which the violation continues if the person fails to correct the violation within 30 days after the board has called the violation to the attention of that person.
(4)CA Water Code § 5107(c)(4) For any other violation, five hundred dollars ($500), plus two hundred fifty dollars ($250) for each additional day on which the violation continues if the person fails to correct the violation within 30 days after the board has called the violation to the attention of that person.
(d)CA Water Code § 5107(d) When an additional penalty may be imposed under subdivision (c) for failure to correct a violation or correct or repair a malfunctioning measuring device within a specified period after the violation has been called to a person’s attention by the board, the board, for good cause, may provide for a longer period for correction of the problem, and the additional penalty shall not apply if the violation is corrected within the period specified by the board.
(e)CA Water Code § 5107(e) In determining the appropriate amount, the board shall consider all relevant circumstances, including, but not limited to, all of the following factors:
(1)CA Water Code § 5107(e)(1) The extent of harm caused by the violation.
(2)CA Water Code § 5107(e)(2) The nature and persistence of the violation.
(3)CA Water Code § 5107(e)(3) The length of time over which the violation occurs.
(4)CA Water Code § 5107(e)(4) Any corrective action undertaken by the violator.
(f)CA Water Code § 5107(f) All funds recovered pursuant to this section shall be deposited in the Water Rights Fund established pursuant to Section 1550.
(g)CA Water Code § 5107(g) Remedies under this section are in addition to, and do not supersede or limit, any other remedies, civil or criminal.
willful misstatement misdemeanor civil penalty water regulations filing requirement measuring device tampering material misstatement unintentional misstatement daily fines Water Rights Fund correction period harm assessment violation persistence corrective action board authority
(Amended by Stats. 2009, 7th Ex. Sess., Ch. 2, Sec. 6. (SB 8 7x) Effective February 3, 2010.)