This division is hereby declared to be in furtherance of the policy contained in Section 2 of Article X of the California Constitution and in all respects for the welfare and benefit of the people of the state, for the improvement of their prosperity and their living conditions, and the board and the department shall be regarded as performing a governmental function in carrying out the provisions of this division.
General ProvisionsAdministrative Provisions Generally
Section § 1050
This section explains that this division of law is meant to support the state's policy on water management as outlined in the California Constitution. It's intended to improve the well-being and prosperity of the people. The board and department responsible for these tasks are seen as performing essential government roles.
water management California Constitution public welfare
Section § 1051
This law allows a governing board to investigate the use of water in California. They can examine streams, lakes, and other bodies of water, and check if water rights are legally valid. To gather information, the board can send orders requesting details from water right holders about how water is used and any historical data on water usage. When they issue these orders, they must explain why the information is needed and what evidence supports their request. If water is being used without permission, it can be treated as trespassing, which can trigger legal enforcement actions. The law also confirms that the board has other legal powers not mentioned in this section.
(a)CA Water Code § 1051(a) The board for the purpose of this division may:
(1)CA Water Code § 1051(a)(1) Investigate all streams, stream systems, portions of stream systems, lakes, or other bodies of water.
(2)CA Water Code § 1051(a)(2) Take testimony in regard to the rights to water or the use of water thereon or therein.
(3)CA Water Code § 1051(a)(3) Investigate and ascertain whether or not water heretofore filed upon or any claimed riparian or appropriative right is valid under the laws of this state.
(b)Copy CA Water Code § 1051(b)
(1)Copy CA Water Code § 1051(b)(1) In furtherance of an investigation authorized pursuant to this section, the board may issue an information order, as executed by the executive director of the board.
(2)CA Water Code § 1051(b)(2) The information order may be issued to a water right holder or
claimant
to provide the following information related to a diversion and use of water:
(A)CA Water Code § 1051(b)(2)(A) Information required to be reported pursuant to Part 5.1 (commencing with Section 5100).
(B)CA Water Code § 1051(b)(2)(B) Information concerning the basis of the water right claimed.
(C)CA Water Code § 1051(b)(2)(C) Information related to the patent date claimed for the place of use, if the claimed right is a riparian right.
(D)CA Water Code § 1051(b)(2)(D) Information concerning the notice date of the appropriation and the date of actual delivery of water to beneficial use.
(E)CA Water Code § 1051(b)(2)(E) Information concerning prior diversions and use, including direct diversions and diversions to storage.
(3)Copy CA Water Code § 1051(b)(3)
(A)Copy CA Water Code § 1051(b)(3)(A) The information order may be issued to a diverter or user of water to provide information concerning that diverter’s prior diversion or use, including direct diversions and diversions to storage, or identification of the person or holder claiming the right under which the water was diverted or used.
(B)CA Water Code § 1051(b)(3)(A)(B) Information obtained under this paragraph from a diverter or user who is not the water right holder or claimant shall not be binding on, or treated as an admission by, the water right holder or claimant.
(c)CA Water Code § 1051(c) The burden of any order issued under subdivision (b), including costs, shall bear a reasonable relationship to the need for the requested information and the benefits to be obtained from the board receiving that information. In making a request, the board shall do both of the following:
(1)CA Water Code § 1051(c)(1) Provide the person to whom the request is directed with a written explanation with regard to the need for the information.
(2)CA Water Code § 1051(c)(2) Identify the evidence that supports requiring that person to provide the information.
(d)CA Water Code § 1051(d) A diversion or use of water ascertained to be unauthorized may
be enforced as a trespass under Section
1052, following notice and opportunity for hearing as required under Section 1052, Section 1055, or Article 2 (commencing with Section 1831) of Chapter 12 of Part 2.
(e)CA Water Code § 1051(e) Nothing in this section shall limit any authority held by the board under this code or any other provision of law.
water rights investigation stream systems riparian right
Section § 1051.1
This section allows the board to inspect properties to ensure compliance with water-related permits, licenses, or regulations. If someone refuses to allow an inspection, the board can get a warrant to inspect, unless it's an emergency affecting public health or safety, where they can inspect without permission or a warrant.
Additionally, the board can join inspections of illegal cannabis growing sites when there might be related water violations, as long as there's an authorized warrant.
(a)CA Water Code § 1051.1(a) In conducting an investigation or proceeding specified in Section 275 or 1051, or in Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, the board may inspect the property or facilities of any person or entity to ascertain whether the purposes of Section 100 and this division are being met or to ascertain compliance with any permit, license, certification, registration, decision, order, or regulation issued under Section 275, this division, or Article 7 (commencing with Section 13550) of Chapter 7 of Division 7.
(b)CA Water Code § 1051.1(b) If consent to inspect is denied or otherwise withheld, the board is authorized to obtain an inspection warrant pursuant to the procedure set forth in Title 13 (commencing with Section 1822.50) of Part 3 of the
Code of Civil Procedure for purposes of an inspection under this subdivision. However, in the event of an emergency affecting the public health or safety pertaining to the particular site under which the inspection is being sought, an inspection may be performed without consent or the issuance of a warrant.
(c)CA Water Code § 1051.1(c) The board may participate in an inspection of an unlicensed cannabis cultivation site conducted pursuant to a warrant duly issued pursuant to the Penal Code when requested by the party seeking that warrant for unlicensed cannabis cultivation and its associated activities that may involve a violation of this code, including, but not limited to, diversion or use of water in violation of this division or of any principles and guidelines established by the board pursuant to Section 13149.
property inspection compliance inspection inspection warrant
Section § 1051.5
This section allows the board to oversee temporary water distribution based on agreements and court orders, supporting its responsibilities to manage water distribution effectively.
In furtherance of its powers and duties under Parts 2 (commencing with Section 1200) and 3 (commencing with Section 2000) of this division, the board may supervise trial distribution of water in accordance with agreements and court orders therefor.
water distribution temporary water supervision trial distribution
Section § 1052
If you use or divert water without proper authorization, it's considered trespassing. Legal actions, such as restraining orders or injunctions, can be taken by the Attorney General or local officials against unauthorized water use, especially in connection with illegal cannabis cultivation. Violators may face fines depending on the severity and conditions, with higher penalties during severe droughts or emergency situations. Actions can be brought by the Attorney General, city attorneys, or county counsel if approved by the board, and courts consider the harm caused, persistence of the violation, and any corrective actions taken. Recovered fines are used to cover legal costs and support the Water Rights Fund.
(a)CA Water Code § 1052(a) The diversion or use of water subject to this division other than as authorized in this division is a trespass.
(b)Copy CA Water Code § 1052(b)
(1)Copy CA Water Code § 1052(b)(1) An action for the issuance of injunctive relief as may be warranted by way of temporary restraining order, preliminary injunction, or permanent injunction, may be brought by the Attorney General on behalf of the board, or in the Attorney General’s independent capacity in the name of the people of the State of California, where the diversion or use of water is threatened, is occurring, or has occurred.
(2)Copy CA Water Code § 1052(b)(2)
(A)Copy CA Water Code § 1052(b)(2)(A) A civil action for a violation under this section resulting from unlicensed cannabis cultivation may also be brought by a city attorney or county counsel, upon approval of the board, in the name of the people
of the State of California.
(B)CA Water Code § 1052(b)(2)(A)(B) A city attorney or county counsel shall inform and coordinate with the board as to the investigation of potential violations of this section related to unlicensed cannabis cultivation. Unless the board withholds its approval within 21 days after the local jurisdiction provides notice of its intent to file, the local jurisdiction may deem the board’s silence as approval.
(c)CA Water Code § 1052(c) A person or entity committing a trespass as defined in this section may be liable in an amount not to exceed the following:
(1)CA Water Code § 1052(c)(1) If the unauthorized diversion or use occurs in a critically dry year
immediately preceded by two or more consecutive below normal, dry, or critically dry
years, or during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions, the sum of the following:
(A)CA Water Code § 1052(c)(1)(A) One thousand dollars ($1,000) for each day in which the trespass occurs.
(B)CA Water Code § 1052(c)(1)(B) Two thousand five hundred dollars ($2,500) for each acre-foot of water diverted or used in excess of that diverter’s water rights.
(2)CA Water Code § 1052(c)(2) If the unauthorized diversion or use is not described by paragraph (1), five hundred dollars ($500) for each day in which the unauthorized diversion or use occurs.
(3)CA Water Code § 1052(c)(3) Notwithstanding paragraphs (1) and (2), up to three thousand five hundred dollars ($3,500) for each day in which the unauthorized diversion or use for unlicensed cannabis cultivation occurs.
(d)CA Water Code § 1052(d) Civil liability for a violation of this section may be imposed by the superior court or the board as follows:
(1)CA Water Code § 1052(d)(1) The superior court may impose civil liability in an action brought by the Attorney General, upon request of the board, to impose, assess, and recover any sums pursuant to subdivision (c). In determining the appropriate amount, the court shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, and the corrective action, if
any, taken by the violator.
(2)CA Water Code § 1052(d)(2) The superior court may impose civil liability in an action for a violation under this section resulting from unlicensed cannabis cultivation brought by a city attorney or county counsel to impose, assess, and recover any sums pursuant to subdivision (c). In determining the appropriate amount, the court shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, whether the violation was intentional or committed knowingly, the nature and persistence of the violation, the length of time over which the violation has occurred, and the corrective action, if any, taken by the violator. The court shall make its findings on the record.
(3)CA Water Code § 1052(d)(3) The board may impose civil liability in accordance with Section 1055.
(e)Copy CA Water Code § 1052(e)
(1)Copy CA Water Code § 1052(e)(1) Upon appropriation by the Legislature, funds recovered in an action pursuant to this section shall be used to proportionally reimburse the Attorney General, city attorney, county counsel, and the board for costs of bringing the action, including reasonable attorney’s fees, and of investigating the violation and supporting the prosecution of the action.
(2)CA Water Code § 1052(e)(2) Except for reimbursements to the Attorney General, city attorney, or county counsel, as specified in paragraph (1), all funds recovered pursuant to this section shall be deposited in the Water Rights Fund established pursuant to Section 1550.
(f)CA Water Code § 1052(f) The remedies prescribed in this section are cumulative and not alternative.
unauthorized water use trespassing injunctive relief
Section § 1053
This law requires that all business activities, actions, and testimony taken by the board and the department under this division be fully and accurately recorded. These records must be kept on file in the office of the board or department.
A full and accurate record of business or acts performed or of testimony taken by the board and the department in pursuance of the provisions of this division shall be kept and be placed on file in the office of the board or the department, as the case may be.
business records actions performed testimony recording
Section § 1054
This law allows the board and the department to officially certify their actions and create certified copies of documents and orders from their offices. They can also adopt official seals for this purpose.
The board and the department may certify to all of their official acts and may certify copies of all official documents and orders filed in their respective offices. For the purpose of making such certifications, the board and the department may adopt seals.
official certification certified copies official documents
Section § 1055
This law section explains how the executive director of the water board can issue a complaint to someone who violated certain water-related rules. The complaint will detail what was done wrong and the potential penalty. This complaint must be served personally, by certified mail, or other receipt-confirmed delivery method.
The person or entity has 20 days from receiving the complaint to request a hearing. If no hearing is requested in writing within this time, the board might proceed with a decision on civil liability without a hearing. After any necessary hearing, the board can decide whether or not to impose a penalty. If a penalty is set, it must be paid and the order becomes effective immediately.
(a)CA Water Code § 1055(a) The executive director of the board may issue a complaint to any person or entity on which administrative civil liability may be imposed pursuant to Section 1052, Article 4 (commencing with Section 1845) of Chapter 12 of Part 2 of Division 2, or Section 5107. The complaint shall allege the act or failure to act that constitutes a trespass or violation, the provision of law authorizing civil liability to be imposed, and the proposed civil liability.
(b)CA Water Code § 1055(b) The complaint shall be served by personal notice, certified mail, in accordance with the manner of service of a summons under Article 3 (commencing with Section 415.10) of, and Article 4 (commencing with Section 416.10) of, Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure, or by any method of physical
delivery that provides a receipt. The complaint shall inform the party served that the party may request a hearing not later than 20 days from the date the party was served and that the board may adopt an order setting administrative civil liability based on the allegations set forth in the complaint without a hearing if the party does not sign a written request for a hearing that is delivered to, or received by mail by, the board within 20 days after the date the party was served. The hearing shall be before the board or a member of the board, in accordance with Section 183. For purposes of this subdivision, “physical delivery that provides a receipt” includes physical delivery methods that provide electronic confirmation of delivery to the intended address.
(c)CA Water Code § 1055(c) The board, after any necessary hearing, may adopt an order setting administrative civil liability, or determining that a liability shall not be imposed.
(d)CA Water Code § 1055(d) Orders setting administrative civil liability shall become effective and final upon issuance thereof and payment shall be made.
executive director complaint administrative civil liability water board violations
Section § 1055.2
This law states that if someone is already facing civil liability for an action under Section 1055, they cannot be held liable for the same action under Section 1052 or another related section involving civil court actions. Basically, you can't be doubly penalized for the same act.
A person or entity shall not be subject to both civil liability imposed under Section 1055 and civil liability imposed by the superior court under Section 1052 or Article 4 (commencing with Section 1845) of Chapter 12 of Part 2 of Division 2 for the same act or failure to act.
civil liability double liability same act
Section § 1055.3
This law explains how the board decides how much someone owes for breaking water regulations. They look at factors such as how much harm was caused, how serious the violation was, how long it went on, and if the violator tried to fix the problem.
In determining the amount of civil liability, the board shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, and the corrective action, if any, taken by the violator.
civil liability harm assessment violation severity
Section § 1055.4
Once the time to review a decision on administrative civil liability has passed, the board can request a court to make it a judgment. They do this by applying to a court clerk with a certified copy of their decision. The court clerk will immediately turn this request into a judgment. This judgment is treated just like any other civil court judgment and can be enforced the same way.
After the time for review under Chapter 4 (commencing with Section 1120) has expired, the board may apply to the clerk of the appropriate court for a judgment to collect the administrative civil liability imposed in accordance with Section 1055. The application, which shall include a certified copy of the board action, constitutes a sufficient showing to warrant issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. The judgment so entered has the same force and effect as, and is subject to all the
provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered.
administrative civil liability judgment collection certified copy
Section § 1055.5
This California law requires the board to adjust fines and penalties for inflation every year starting in 2026. Adjustments are based on changes in the California Consumer Price Index from June of the previous year. Amounts are rounded to the nearest ten, hundred, thousand, or five thousand dollars, depending on the penalty size. These adjustments skip certain government code requirements and are published in the California Code of Regulations. The law excludes adjustments for liabilities under Section 1538 and mandates that the board report its implementation to the Legislature.
(a)Copy CA Water Code § 1055.5(a)
(1)Copy CA Water Code § 1055.5(a)(1) The board shall adjust on an annual basis, by January 1 of each year beginning in 2026, all civil and administrative liabilities or penalties imposed by the board or in an action brought at the request of the board pursuant to this division, to adjust the maximum amounts specified in this division for inflation, as established by the amount by which the California Consumer Price Index for the month of June of the year prior to the
adjustment exceeds the California Consumer Price Index for June of the calendar year in which legislation was last enacted establishing or amending the maximum amount of the liability or penalty.
(2)CA Water Code § 1055.5(a)(2) The amount of any liability or penalty determined pursuant to this subdivision shall be rounded as follows:
(A)CA Water Code § 1055.5(a)(2)(A) To the nearest multiple of ten dollars ($10) in the case of a liability or penalty that is less than or equal to one hundred dollars ($100).
(B)CA Water Code § 1055.5(a)(2)(B) To the nearest multiple of one hundred dollars ($100) in the case of a liability or penalty that is greater than one hundred dollars ($100), but less than or equal to one thousand dollars ($1,000).
(C)CA Water Code § 1055.5(a)(2)(C) To the
nearest multiple of one thousand dollars ($1,000) in the case of a liability or penalty that is greater than one thousand dollars ($1,000), but less than or equal to ten thousand dollars ($10,000).
(D)CA Water Code § 1055.5(a)(2)(D) To the nearest multiple of five thousand dollars ($5,000) in the case of a liability or penalty that is greater than ten thousand dollars ($10,000).
(3)CA Water Code § 1055.5(a)(3) Inflation adjustments made pursuant to this subdivision are exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The updated civil and administrative liability or penalties pursuant to the inflation adjustment shall be filed with the Secretary of State and published in the California Code of Regulations.
(b)CA Water Code § 1055.5(b) This section does not apply to any liability imposed under Section 1538.
(c)CA Water Code § 1055.5(c) The board shall report to the Legislature, in accordance with Section 9795 of the Government Code, with regard to the implementation of this section.
inflation adjustment penalties adjustment Consumer Price Index
Section § 1056
This law allows the board and the department to set appropriate prices for the books and materials they publish.
The board and the department may fix reasonable charges for publications issued under their respective authorities.
board publications department publications reasonable charges
Section § 1057
Every month, any fees collected under this chapter need to be submitted to the State Treasury along with a detailed report of those fees.
All fees charged and collected under this chapter shall be paid, at least once each month, accompanied by a detailed statement thereof, into the State Treasury.
fee collection monthly submission detailed statement
Section § 1058
This section allows the board to create rules and regulations it thinks are necessary to perform its responsibilities as outlined in the code.
The board may make such reasonable rules and regulations as it may from time to time deem advisable in carrying out its powers and duties under this code.
board authority rules and regulations implementation
Section § 1058.5
This law addresses emergency regulations the California water board can put in place to manage water resources during a drought or when water supplies are critically low. The board can issue these rules to prevent water waste and promote water conservation, recycling, or reporting. If conditions persist, they can renew these regulations. These emergency rules stay valid for up to one year unless changed conditions render them unnecessary. Penalties for not complying include fines of up to $500 per day. Money collected from violations goes into a fund for water conservation programs.
The law defines 'emergency conservation regulation' as rules that compel users to conserve water or report on conservation efforts. This does not include cutting off water when it's unavailable under legal rights but does cover restrictions on water use.
(a)CA Water Code § 1058.5(a) This section applies to any emergency regulation adopted by the board for which the board makes both of the following findings:
(1)CA Water Code § 1058.5(a)(1) The emergency regulation is adopted to prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.
(2)CA Water Code § 1058.5(a)(2) The emergency regulation is adopted in response to conditions which exist, or are threatened, in a critically dry year immediately
preceded by two or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions.
(b)CA Water Code § 1058.5(b) Notwithstanding Sections 11346.1 and 11349.6 of the Government Code, any findings of emergency adopted by the board, in connection with the adoption of an emergency regulation under this section, are not subject to review by the Office of Administrative Law.
(c)CA Water Code § 1058.5(c) An emergency regulation adopted by the board under this section may remain in effect for up to one year, as determined by the board, and is deemed repealed immediately upon a finding by the board that due to changed conditions it is no longer necessary for the regulation to remain in
effect. An emergency regulation adopted by the board under this section may be renewed if the board determines that the conditions specified in paragraph (2) of subdivision (a) are still in effect.
(d)CA Water Code § 1058.5(d) In addition to any other applicable civil or criminal penalties, any person or entity that violates a regulation adopted by the board pursuant to this section is guilty of an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs.
(e)Copy CA Water Code § 1058.5(e)
(1)Copy CA Water Code § 1058.5(e)(1) Notwithstanding subdivision (b) of Section 1551 or subdivision (e) of Section 1848, a civil liability imposed under Chapter 12 (commencing with Section 1825) of Part 2 of Division 2 by the board or a court for a violation of an emergency conservation regulation adopted pursuant to this section shall be deposited, and separately accounted for, in the Water Rights Fund.
Funds deposited in accordance with this subdivision shall be available, upon appropriation, for water conservation activities and programs.
(2)CA Water Code § 1058.5(e)(2) For purposes of this subdivision, an “emergency conservation regulation” means an emergency regulation that requires an end user of water, a water retailer, or a water wholesaler to conserve water or report to the board on water conservation. Water conservation includes restrictions or limitations on particular uses of water or a reduction in the amount of water used or served, but does not include curtailment of diversions when water is not available under the diverter’s priority of right or reporting requirements related to curtailments.
emergency regulation water conservation water recycling
Section § 1059
This law allows the board and the department to appoint employees who can officially certify and authenticate various documents, like orders and permits, with their seals. These employees ensure that records and documents are validated and can be relied upon as authentic.
The board and the department, as to matters under each of their respective jurisdictions, may designate one or more of their employees who shall have authority to certify under their respective seals all copies of orders, applications, permits, licenses, certificates, and other records under this division, and to attest all records, transcripts, evidence, and other original documents which it is necessary so to authenticate.
authorize employees certify documents official seals
Section § 1060
This law section explains how fees collected by the State Water Resources Control Board or regional water quality boards are handled. Generally, these fees are credited to the board's budget when deposited into the State Treasury, except for specific cases mentioned under different sections. Special rules apply to money related to Sections 1051.5 or 5007, allowing the board to use these funds without fiscal year limitations and requiring any remaining balance to be refunded to the rightful person.
(a)CA Water Code § 1060(a) All fees collected by the State Water Resources Control Board or by a California regional water quality control board, and deposited in the State Treasury, except funds collected under Part 3 (commencing with Section 2000) of this division, funds received for trial distribution expenses in connection with the administration of Section 1051.5, and deposits and payments made pursuant to Section 5007, shall be credited to the appropriation for the support of the board which is current at the time of the deposit of such fees in the State Treasury.
(b)CA Water Code § 1060(b) Money deposited with or paid to the
board pursuant to Section 1051.5 or 5007 and deposited by the board in the State Treasury is available for expenditure by the board in accordance with those sections without regard to fiscal years and irrespective of the provisions of Section 16304 of the Government Code, and any unused balance shall be refunded by the board to the person entitled thereto.
State Water Resources Control Board fees California regional water quality control board State Treasury deposits
