Any person interested may, within the time allowed in the notice of application or within such further time as may, for good cause shown, be allowed by the board, file with it a written protest against the approval of an application.
Appropriation of WaterProtest of Application
Section § 1330
If you're interested, you can submit a written protest against the approval of an application. Make sure to do it within the time stated in the application notice. If you need more time, you can ask the board to extend it, but you must have a good reason for the delay.
written protest application approval notice of application
Section § 1331
This section outlines the requirements for filing a protest against a particular application. To be valid, a protest must include the protester's name and address, and it must be signed by them or their representative. It should state the protester's specific objections and reasons for opposing the application. The protest must also include any other necessary information as per the board's rules and be served to the applicant, typically by mailing a copy.
The protest shall meet all of the following requirements:
(a)CA Water Code § 1331(a) State the name and address of the protestant.
(b)CA Water Code § 1331(b) Be signed by the protestant, or the protestant’s agent or attorney.
(c)CA Water Code § 1331(c) Clearly and specifically set forth the protestant’s objections to the approval of the application, and state the bases for these objections.
(d)CA Water Code § 1331(d) Contain other appropriate information and be in the form provided in the rules and regulations of the board.
(e)CA Water Code § 1331(e) Be served on the applicant by the protestant by mailing a duplicate copy of the protest to the applicant or through service undertaken in another manner determined to be adequate by the board.
protest requirements applicant notification protest objections
Section § 1332
This law allows the board to ask for more information from someone who is protesting, in order to better understand or complete the details they previously submitted. The board must give a reasonable amount of time for the protester to provide this additional information and can extend this period if there's a good reason.
The board may request from the protestant additional information reasonably necessary to clarify, amplify, correct, or otherwise supplement the information required to be submitted under Section 1331. The board shall provide a reasonable period for submitting the information, and may allow additional time for good cause shown.
protestant additional information clarify information board request
Section § 1333
This law requires that both the person filing a protest (the protestant) and the person applying for something (the applicant) try to settle the dispute within 180 days after a certain deadline passes. If there's a good reason, the board in charge can give them more time to resolve their issues.
The protestant and the applicant shall make a good faith effort to resolve the protest within 180 days from the date on which the period provided under Section 1330 expires. For good cause, the board may allow additional time for the protestant and the applicant to attempt to resolve the protest.
protest resolution good faith effort 180-day deadline
Section § 1334
This section allows the board to ask either the person protesting or the applicant for more information if it's needed to settle the protest. There's a set time given to provide this information, but more time can be granted if there's a good reason.
The board may request from the protestant or the applicant additional information that the board determines is reasonably necessary to attempt to resolve the protest. The board shall provide a reasonable period for submitting the information, and may allow additional time for good cause shown.
protest resolution additional information request protestant obligations
Section § 1335
The board can cancel a protest or application if someone doesn't provide the information needed, but there are some exceptions. First, protests aren't canceled if the missing information isn't something the protester can provide, and the protest aligns with other rules, and the applicant could provide this information. If a protest claims interference with existing water rights or fails to provide key information about their water use or rights, the board might cancel it. For protests about environmental or public interest concerns, the board can cancel if the public review of environmental documents is done and there's no evidence backing the protest without the requested info.
(a)CA Water Code § 1335(a) The board may cancel a protest or application for failure to provide information requested by the board under this article within the period provided.
(b)CA Water Code § 1335(b) Except as provided in subdivisions (c) and (d), a protest shall not be canceled for failure to submit information not in the possession or under the control of the protestant if the protest is in compliance with Section 1331 and the applicant is or could be required to submit the information under Section 1260 or 1275.
(c)CA Water Code § 1335(c) If a protest is based on interference with a prior right, the board may cancel the protest if the protestant fails to submit any of the following information requested by the board:
(1)CA Water Code § 1335(c)(1) Information that the protestant is required to submit to the board to comply with Part 5.1 (commencing with Section 5100) during any period after the protest is filed.
(2)CA Water Code § 1335(c)(2) Information that is reasonably necessary to determine if the protestant has a valid water right.
(3)CA Water Code § 1335(c)(3) Information concerning the protestant’s historical, current, or proposed future diversion and use of water that is reasonably necessary to determine if the proposed appropriation will result in injury to the protestant’s exercise of its water right.
(d)CA Water Code § 1335(d) If the protest is based on an allegation that the proposed appropriation would not be in the public interest, would adversely affect public trust uses, or would have adverse environmental impact, the board may cancel the protest for failure to submit information requested by the board if the board determines both of the following:
(1)CA Water Code § 1335(d)(1) The public review period has expired for any draft environmental document or negative declaration required to be circulated for public review and comment pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.
(2)CA Water Code § 1335(d)(2) In the absence of the requested information, there is no substantial evidence in light of the whole record to support the allegation.
cancel protest application information water rights interference
