A permit shall be effective for such time as the water actually appropriated under it is used for a useful and beneficial purpose in conformity with this division, but no longer.
PermitsPermit Terms and Conditions
Section § 1390
This law states that a water permit remains valid only as long as the water being used serves a useful and beneficial purpose according to the rules outlined in this division. If the water is no longer used for such purposes, the permit loses its effectiveness.
water permit useful purpose beneficial use
Section § 1391
When you get a water permit, it will list specific conditions. These conditions include all the rules from this section of the law. Anyone using water under this permit agrees to follow these listed conditions.
Every permit shall include the enumeration of conditions therein which in substance shall include all of the provisons of this article and the statement that any appropriator of water to whom a permit is issued takes it subject to the conditions therein expressed.
water permit conditions appropriator responsibilities water usage regulations
Section § 1392
If you accept a permit under this law, you can't claim that the permit or any associated rights are worth more than what you paid for it. This applies when government authorities regulate services or prices related to your permit and when determining the value for selling or transferring the permit rights to a government entity, like through condemnation or other means.
Every permittee, if he accepts a permit, does so under the conditions precedent that no value whatsoever in excess of the actual amount paid to the State therefor shall at any time be assigned to or claimed for any permit granted or issued under the provisions of this division, or for any rights granted or acquired under the provisions of this division, in respect to the regulation by any competent public authority of the services or the price of the services to be rendered by any permittee or by the holder of any rights granted or acquired under the provisions of this division or in respect to any valuation for purposes of sale to or purchase, whether through condemnation proceedings or otherwise, by the State or any city, city and county, municipal water district, irrigation district, lighting district, or any political subdivision of the State, of the rights and property of any permittee, or the possessor of any rights granted, issued, or acquired under the provisions of this division.
permit valuation price regulation permit rights
Section § 1393
This law requires that before building a large reservoir capable of holding 50 acre-feet of water or more, the person or organization holding the permit must clear the reservoir site. This means removing structures, trees, and any vegetation that could interfere with the reservoir's use for water storage or recreation.
The board shall include as a condition in any permit under which a reservoir with an impounding capacity of 50 acre-feet or more is to be constructed, that the permittee shall clear the site of the proposed reservoir of all structures, trees, and other vegetation which would interfere with the use of the reservoir for water storage and recreatonal purposes.
reservoir construction permit conditions impounding capacity
Section § 1394
This section allows the board to reserve the right to change the terms of a water permit if they don't have enough information to make long-term decisions that won't waste water or harm existing water rights, or if the permit is part of a larger coordinated project that requires consistency across multiple permits. The board can keep this right only for as long as needed and not after the final license is given. Any changes require notifying the involved parties and having a hearing.
(a)CA Water Code § 1394(a) The board may reserve jurisdiction, in whole or in part, to amend, revise, supplement, or delete terms and conditions in a permit under either of the following circumstances:
(1)CA Water Code § 1394(a)(1) If the board finds that sufficient information is not available to finally determine the terms and conditions which will reasonably protect vested rights without resulting in waste of water or which will best develop, conserve, and utilize in the public interest the water sought to be appropriated, and that a period of actual operation or time for completion of studies will be necessary in order to secure the required information.
(2)CA Water Code § 1394(a)(2) If the application or applications being acted upon represent only part of a coordinated project, other applications for the project being pending, and the board finds that the coordinated project requires coordinated terms and conditions which cannot reasonably be decided upon until a decision is reached on the other pending applications.
(b)CA Water Code § 1394(b) Jurisdiction shall be reserved under this section for no longer period of time than the board finds to be reasonably necessary, and in no case shall jurisdiction be exercised after the issuance of the license. The jurisdiction shall be exercised only after notice to the parties and a hearing.
water permit terms amend permit revise conditions
