Revocation Of Permit - Permits - Water Code - CA

Section § 1410

This law talks about reasons why a water permit can be revoked. If the person with the permit doesn’t start, diligently work on, or complete their project, or doesn’t use the water as expected, their permit might be taken away.

There are two main ways a permit can be revoked: one is if, after a hearing about giving more time, it's decided that the person failed to meet the permit's requirements. Another way is through an investigation (without a hearing), followed by notifying the permit holder. If they don’t ask for a hearing in time, their permit can be revoked. If they do request a hearing and still fail to show valid reasons, the permit can be revoked after that hearing.

(a) There shall be cause for revocation of a permit if the work is not commenced, prosecuted with due diligence, and completed or the water applied to beneficial use as contemplated in the permit and in accordance with this division and the rules and regulations of the board.

(b) A permit may be revoked upon request of the permittee or under either of the following procedures:

(1) If, after a hearing on a petition for extension of time to complete a project and apply water to beneficial use, the board finds that cause exists to revoke the permit, the board may revoke the permit.

(2) If, after an investigation other than a hearing on a petition for extension of time, it appears that cause exists to revoke a permit, the board shall give notice of proposed revocation in writing, mailed in a sealed, prepaid postage and certified letter to the permittee at his or her last known address. If the permittee fails to request a hearing with the time provided under Section 1410.1, the board shall revoke the permit and declare the water subject to appropriation. After a hearing, when a hearing is requested by the permittee pursuant to Section 1410.1, the board may, upon a finding that cause exists, revoke the permit and declare the water subject to appropriation.

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Section § 1410.1

If a water permit is about to be revoked, the permit holder will receive a notice explaining why it's being revoked. This notice will also warn the permit holder to request a hearing within 15 days of receiving the notice if they want to contest the revocation. If they don't request a hearing in that time, the board may revoke the permit without holding a hearing.

The notice of proposed revocation of the permit pursuant to paragraph (2) of subdivision (b) of Section 1410 shall contain a statement of facts and information upon which the proposed revocation is based, and shall include a statement substantially in the following form:

Unless a written request for a hearing signed by or on behalf of the permittee is delivered or mailed to the board within 15 days after receipt of this notice, the board may act upon the proposed revocation of the permit without a hearing. Any request for a hearing may be made by delivering or mailing the request to the board at the address given on the notice.

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Section § 1410.2

If your permit is revoked without a hearing, you have 90 days to ask the board to cancel the revocation. If you have a good reason, the board might give the permit back to you.

In any case when a permit is revoked without a hearing, as provided in Section 1410.1, the permittee, within 90 days of the date of the order of revocation, may file with the board a request to set aside the revocation, and the board, for good cause shown, may reinstate the permit.

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