Appropriation Of Water By Department Of Water Resources - Conservation, Development, And Utilization Of State Water Resources - CA Water

Section § 10500

This law states that a California department can apply for water rights as needed to support the state's water resource development, use, or conservation efforts. The applications must be filed according to certain state regulations and, once filed, will hold priority over any later applications. Also, the usual requirement for showing diligence in pursuing these applications does not apply, except in specific situations outlined in another section.

The department shall make and file applications for any water which in its judgment is or may be required in the development and completion of the whole or any part of a general or coordinated plan looking toward the development, utilization, or conservation of the water resources of the state.

Any application filed pursuant to this part shall be made and filed pursuant to Part 2 (commencing with Section 1200) of Division 2 of this code and the rules and regulations of the State Water Resources Control Board relating to the appropriation of water insofar as applicable thereto.

Applications filed pursuant to this part shall have priority, as of the date of filing, over any application made and filed subsequent thereto. The statutory requirements of Part 2 (commencing at Section 1200) of Division 2 relating to diligence shall not apply to applications filed under this part, except as otherwise provided in Section 10504.

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(Amended by Stats. 1983, Ch. 481, Sec. 2.)

Section § 10504

When someone submits an application related to water use under Section 10500, it's handled by the State Water Resources Control Board. The board can let someone else take over part of an application if it helps develop water resources without contradicting existing plans or water quality rules. Anyone taking over an application must show they've been diligent in their efforts, as outlined in another part of California's water laws. This rule applies to a wide range of assignees, including state and federal agencies.

All applications made and filed pursuant to Section 10500 shall be transferred to the State Water Resoures Control Board and held by the board for the purposes of this part. The board may release from priority or assign any portion of any application filed under this part when the release or assignment is for the purpose of development not in conflict with such general or coordinated plan or with water quality objectives established pursuant to law. The assignee of any such application whether heretofore or hereafter assigned, is subject to all the requirements of diligence as provided in Part 2 (commencing with Section 1200) of Division 2 of this code. “Assignee” as used herein includes, but is not limited to, state agencies, commissions and departments, and the United States of America or any of its departments or agencies.

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(Amended by Stats. 1967, Ch. 284.)

Section § 10504.01

If you want to take over someone else's unfinished water use application in California, your petition must include a proposed plan for completing the application and describe your project. The board will then notify relevant parties and follow specific procedures involving notices, possible objections, and hearings to decide whether you can move forward with the project.

If the board agrees, they'll officially assign part or all of the application to you and issue a permit. If you and another person apply for the same or similar projects, the board can combine your hearings to make a decision.

Each petition for assignment of all or a portion of an application filed pursuant to this part, which application has not been completed in accordance with law and the regulations of the board, shall include as a part thereof a proposed completed application consistent with the requested assignment, and describing petitioner’s proposed project. As soon as practicable after the receipt of such petition the board shall issue and deliver a notice of the petition and proposed completed application in accordance with Article 1 (commencing with Section 1300), Chapter 3, Part 2, Division 2 of this code and shall also deliver a copy of the notice to the department and to the board of supervisors of each county in which the water originates and in which the water is to be used. Further procedure with respect to each such petition shall be in accordance with Chapters 3 (commencing with Section 1300), 4 (commencing with Section 1330) and 5 (commencing with Section 1340), Part 2, Division 2 of this code relating to notice, protests, hearing, and action on applications for permits to appropriate water. The hearing shall be for the purpose of determining whether the application should be assigned pursuant to Sections 10504 and 10505 and whether the proposed completed application submitted by the petitioner should be approved in whole or in part. When the board’s determination is favorable to the petitioner, it shall assign all or a portion of the application to the petitioner, accept and approve the assigned portion, and issue a permit as in other cases provided by law. Any portion of the application which is not assigned shall remain with the board subject to further disposition by it pursuant to the provisions of this part.

Two or more petitions for assignment of the same or related applications may be consolidated for purposes of hearing and determination with each other and with other applications, in the discretion of the board.

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(Added by Stats. 1965, Ch. 989.)

Section § 10504.02

This law section states that if you want to request the assignment of all or part of a water-related application that has been completed following the law, you need to follow the same procedure outlined in Section 10504.01, as long as those directions apply.

Procedure with respect to petitions for assignment of all or a portion of applications filed pursuant to this part, which applications have been completed in accordance with law and the regulations of the board, shall be in accordance with the provisions of Section 10504.01 insofar as they are applicable.

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(Added by Stats. 1965, Ch. 989.)

Section § 10504.1

Before the State Water Resources Control Board changes the priority of a water application, they must hold a public hearing. They need to send a written notice 45 days in advance to the local county supervisors where the water comes from and where it will be used. Anyone interested can attend the hearing to share their thoughts and concerns about the proposed changes.

Before any application made and filed pursuant to Section 10500 is assigned or released from priority, the State Water Resources Control Board shall hold a public hearing. Written notice of the time and place of the hearing shall be mailed, at least 45 days prior to the date set for the hearing, to the board of supervisors of each county in the area in which the water originates and in the area or areas in which the water is to be used. Any interested persons may appear at the hearing and present their views and objections as to the proposed action.

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(Amended by Stats. 1967, Ch. 284.)

Section § 10504.5

This law ensures that water projects are developed according to a coordinated plan. If you receive a release or priority assignment concerning a water project, you must get approval from the State Water Resources Control Board before making any substantial changes to the project. The board will only approve changes if they align with the existing plan and water quality goals.

Furthermore, if you have an assigned application or a priority release, any amendments to your application must also be approved by the board to ensure they do not conflict with the plan or water quality objectives. The board will inform you whether your amendments are approved or not.

In order to insure that projects will be constructed in accordance with a general or coordinated plan for the development of water:

(a) The recipient of a release from priority or assignment under this part shall, before making any changes determined by the State Water Resources Control Board to be substantial in the project in furtherance of which the release or assignment was made, submit such changes to the State Water Resources Control Board for its approval. The board shall approve any such change only if it determines that such change will not conflict with the general or coordinated plan or with water quality objectives established pursuant to law. All permits and licenses issued pursuant to applications so released or assigned shall contain terms conditioning such permits and licenses upon compliance with this subdivision.

(b) The holder of applications that have been assigned, or in favor of which a release from priority has been made, shall submit any proposed amendments to such applications to the State Water Resources Control Board. The board shall approve such amendments only if it determines that the amendments will not conflict with the general or coordinated plan or with water quality objectives established pursuant to law. The board shall notify the holder of the application of its approval or disapproval.

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(Amended by Stats. 1967, Ch. 284.)

Section § 10505

This law ensures that no water rights or applications can be transferred or prioritized in a way that would take away water needed for the development of the county where the water comes from.

No priority under this part shall be released nor assignment made of any application that will, in the judgment of the board, deprive the county in which the water covered by the application originates of any such water necessary for the development of the county.

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(Amended by Stats. 1965, Ch. 989.)

Section § 10505.5

This law states that any water usage application, permit, or license for water use must ensure that water necessary for the development of its originating county cannot be used outside that county. It emphasizes that water needed within the county of origin should not be diverted elsewhere.

Every application heretofore or hereafter made and filed pursuant to Section 10500, and held by the State Water Resources Control Board, shall be amended to provide, and any permit hereafter issued pursuant to such an application, and any license issued pursuant to such a permit, shall provide, that the application, permit, or license shall not authorize the use of any water outside of the county of origin which is necessary for the development of the county.

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(Added by Stats. 1969, Ch. 1359.)

Section § 10506

This law requires every state department or officer in California to assist in investigating and evaluating plans related to construction projects. They must help with assessing feasibility, costs, financing, and necessary rates for operation and maintenance. Additionally, they need to support maintaining priority for current and future developments of the project for public benefit.

Every state department or state officer, upon request of the department, shall furnish any service or assistance in the investigation of the need or feasibility of all or any part of such general or coordinated plan and the cost of construction, operation, and maintenance thereof, of the financing of construction and rates or returns that may be required to operate and maintain all or any part of the plan, of the amortization of bonded or other indebtedness that may be placed on all or any part of the plan for the cost of construction thereof, and shall render any other service which the department deems necessary for the maintenance of any priority in the State for the purposes of all or any part or unit of the plan and the future development and completion of it in the public interest.

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(Amended by Stats. 1957, Ch. 1932.)