Section § 1000

Explanation

In this section, the word "water" also covers how water is used.

As used in this division, “water” includes the term “use of water.”

Section § 1001

Explanation

This law states that nothing in this section should be understood to create or confirm any ownership or rights to the actual water itself.

Nothing in this division shall be construed as giving or confirming any right, title, or interest to or in the corpus of any water.

Section § 1002

Explanation

This law section means that if you didn't have a certain right before this law came into effect, you don't get that right now unless the law specifically says you do.

This division shall not be held to bestow upon any person, except as expressly provided in it, any right where no such right existed prior to the time this division takes effect.

Section § 1003

Explanation

This section defines that within this division, the term 'Water Commission Act' refers to Chapter 586 from the year 1913, including any changes made to it since then.

As used in this division, “Water Commission Act” means Chapter 586, Statutes of 1913, as amended.

Section § 1004

Explanation
This law clarifies that 'useful or beneficial purposes' does not mean using more than 2.5 acre-feet of water per acre each year for irrigating lands not used for growing crops.
As used in this division, “useful or beneficial purposes” shall not be construed to mean the use in any one year of more than 21/2 acre-feet of water per acre in the irrigation of uncultivated areas of land not devoted to cultivated crops.

Section § 1005

Explanation

This law ensures that cities, counties, and various districts in California retain the benefits of prior and future laws related to acquiring and using water. If a water stream flows along the state's boundary and is controlled by an interstate agreement the state is part of, the water rights for municipal entities are protected. Any water that the U.S. government contracts to deliver to these entities won't be affected by legal time limits on when they must use the water. Also, if the contractor doesn’t use the water in a certain period, their water allocation won't be reduced, and nobody else can claim this water.

Nothing in this division shall be construed as depriving any city, city and county, municipal water district, irrigation district, or lighting district of the benefit of any law heretofore or hereafter passed for their benefit in regard to the appropriation or acquisition of water. Any right to the water of any stream which flows along a boundary of the State and which is the subject of an interstate compact to which the State is a party, to the extent such right relates to quantities of water which the United States has, under the authority of an act of Congress, contracted to deliver to any municipal corporation, political subdivision, or public district in the State, from storage constructed by the United States on any such stream, shall not be subject to any requirement or limitation provided by law relating to the time within which the construction of works for the use of such water shall be commenced, carried on, or completed, or within which such water shall be put to use, or relating to the continuity of use of such water; and water contracted to be delivered from such stream, shall be reserved to the contractor therefor without diminution by reason of the contractor’s failure to apply such water to use during any period, and shall not be subject to appropriation by any other than such contractor.

Section § 1005.1

Explanation

This law states that if a person with rights to extract groundwater uses another source of water instead, that usage is considered a reasonable and beneficial use of their groundwater rights. However, this is only true if the amount from the alternate source used is applied beneficially and is reported annually. The report must be submitted to the board by December 31st each year, detailing usage from the previous water year (November 1st to October 31st). Groundwater here means any water beneath the earth's surface, and nontributary sources include water imported from other watersheds or saved through conservation efforts. Not filing this report means losing the benefit for that year.

Cessation of or reduction in the extraction of ground water by the owner of a right to extract, as the result of the use of an alternate supply of water from a nontributary source, shall be and is deemed equivalent to, and for purposes of establishing and maintaining any right to extract the ground water shall be construed to constitute, a reasonable beneficial use of the ground water to the extent and in the amount that water from the alternate source is applied to reasonable beneficial use, not exceeding, however, the amount of such reduction. Any such user of water from an alternate nontributary source who seeks the benefit of this section, shall file with the board, on or before December 31st of each calendar year, a statement of the amount of water from such source so applied to reasonable beneficial use pursuant to the provisions of this section during the next preceding water year (November 1st to October 31st), and such user cannot claim the benefit of this section for any water year for which such statement is not so filed.
“Ground water,” for the purpose of this section and of Sections 1005.2 and 1005.4, means water beneath the surface of the ground, whether or not flowing through known and definite channels.
The term “nontributary source,” as used in this section, shall be deemed to include water imported from another watershed, or water conserved and saved in the watershed by a water conservation plan or works without which such water of the same watershed would have wasted, or would not have reached the underground source of supply of the owner relying upon this section.

Section § 1005.2

Explanation

This law states that if a person stops or reduces their use of groundwater to let it be replenished by using water from a different source, this is considered a reasonable and beneficial use of groundwater. Importantly, this will not cause any loss of groundwater rights, as long as the amount of external water used doesn't exceed the reduction in groundwater extraction.

Those who used alternate sources before this law was enacted must report the amount of groundwater extraction that was reduced due to their use of alternate water, for each water year, within 90 days of the law's effective date. For use after the law, they must file an annual statement by December 31st. This rule only applies to specific counties in California and includes water from nontributary sources like imported water or conserved water.

Cessation of or reduction in the extraction of ground water, to permit the replenishment of such ground water by the use of water from an alternate nontributary source, is hereby declared to be a reasonable beneficial use of the ground water to the extent and in the amount that water from such alternate source is applied to beneficial use, not exceeding, however, the amount of such reduction. No lapse, reduction or loss of any right in ground water, shall occur under such conditions. Any such user of water from an alternate source who seeks the benefit of this Section 1005.2 with respect to the use of such water occurring prior to the effective date of this section, shall file with the board, within ninety (90) days from said effective date, a statement of the amounts of reduction in the extraction of ground water as the result of water from said alternate source having been so applied to reasonable beneficial use prior to said effective date to permit the replenishment of such ground water and said amounts shall be segregated and shown for each water year (November 1st to October 31st) during which such use occurred prior to the effective date of this section. Any such user of water from an alternate source who seeks the benefit of this Section 1005.2 with respect to the use of such water occurring subsequent to the effective date of this section, shall file with the board, on or before December 31st of each calendar year, a statement of the amount of reduction in the extraction of ground water as the result of water from said alternate source having been so applied to reasonable beneficial use during the next preceding water year (November 1st to October 31st) to permit the replenishment of such ground water. Such user cannot claim the benefit of this section for any water year for which such statement is not so filed.
The provisions of this section apply only as to the cessation of, or reduction in, the extraction of ground water within that area in this state defined by the exterior boundaries of the Counties of San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Diego, Imperial, Riverside, and San Bernardino.
The term “nontributary source” as used in this section shall be deemed to include water imported from another watershed or water conserved and saved in the watershed by a water conservation plan or works without which such water of the same watershed would have wasted, or would not have reached the underground source of supply of the owner relying upon this section.

Section § 1005.3

Explanation

This statute applies to water rights in the Tehachapi-Cummings County Water District in Kern County during legal actions to establish these rights. Even if a water rights owner in these basins doesn't pump the full amount of their entitled water before the legal judgment is final, they won't lose any of their rights. This protection is especially important for the unique, shallow groundwater conditions of the Tehachapi, Brite, and Cummings Basins. The goal is to encourage reduced pumping to conserve water until alternative sources become available.

During the pendency of an action to adjudicate substantially all water rights in a ground water basin situated in whole or in part within the Tehachapi-Cummings County Water District in Kern County, and until the date of judgment therein becomes final, which finality may be subject to any reserved jurisdiction of the court, the failure by any owner of water rights in and to such ground water basin to pump or extract therefrom the full quantity of water representing such water rights which he may be determined to have had as of the date of commencement of the action, shall not result in a loss of any portion of such water rights. The provisions of this section shall apply to any such failure to pump or extract in any water year, calendar year, or other year ending after the effective date of this section, whether or not said action was commenced prior to that effective date.
This special provision is necessary because there are special and peculiar circumstances applicable to the ground water basins lying wholly or partially within the Tehachapi-Cummings County Water District. There are three such ground water basins, commonly referred to as the Tehachapi Basin, the Brite Basin and the Cummings Basin. The alluvial fill in each of said basins is very shallow when contrasted to most other ground water basins in this state. It is necessary to induce those pumpers who can possibly do so to reduce their pumping from the basins if sufficient ground water reserves are to be maintained for preservation of the existing economy until supplemental water is available from the State Water Facilities. Actions to adjudicate substantially all water rights have been filed as to each of those basins.

Section § 1005.4

Explanation

This law states that using water from non-local sources to allow groundwater to refill is considered a reasonable and beneficial use of the existing groundwater rights. If you reduce groundwater pumping because you've switched to using water from elsewhere, you won't lose your groundwater rights.

You can report how much groundwater extraction you reduced each year, but not reporting doesn't impact your rights. This rule applies to most counties in California except for a few, like Los Angeles and San Diego.

Non-local sources can mean water brought from different watersheds or water saved through conservation efforts that would have otherwise been wasted.

(a)CA Water Code § 1005.4(a) Cessation of or reduction in the extraction of ground water, to permit the replenishment of such ground water by the use of water from an alternate nontributary source, is hereby declared to be a reasonable beneficial use of the ground water to the extent and in the amount that water from such alternate source is applied to beneficial use, not exceeding, however, the amount of such reduction. No lapse, reduction or loss of any right in ground water, shall occur under such conditions.
(b)CA Water Code § 1005.4(b) Any such user of water from an alternative source may file with the board, on or before December 31st of each calendar year, a statement of the amount of reduction in the extraction of groundwater as a result of water from the alternative source having been so applied to reasonable beneficial use during the next preceding water year (October 1st to September 30th) to permit replenishment of such groundwater. However, failure to file such a statement shall in no way affect the right of a user to claim the benefit of this section.
(c)CA Water Code § 1005.4(c) The provisions of this section apply only as to the cessation of, or reduction in, the extraction of ground water within that area in this state defined by the exterior boundaries of every county, except the Counties of San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Diego, Imperial, Riverside, and San Bernardino.
(d)CA Water Code § 1005.4(d) The term “nontributary source,” as used in this section, shall be deemed to include water imported from another watershed or water conserved and saved in the watershed by a water conservation plan or works without which such water of the same watershed would have wasted, or would not have reached the underground source of supply of the owner relying upon this section.

Section § 1006

Explanation

This law states that if a city or town had already secured rights to water for city use before December 19, 1914, its rights to manage that water are not restricted by the rules in this division. This means the city can use, sell, or distribute the water, inside or outside its boundaries, for things like household use or farming, following the laws that were in place back then.

Nothing in this division affects or limits in any manner whatsoever the right or power of any municipality which, prior to December 19, 1914, had appropriated or acquired water for municipal purposes, to use, sell, or otherwise dispose of such water either within or without its limits for domestic, irrigation, or other purposes in accordance with laws in effect on that date.

Section § 1007

Explanation

This law makes it clear that nothing in this division takes away the rights of the State, cities, water districts, or any individuals to acquire property through eminent domain, which is a legal process used to take private property for public use.

Nothing in this division shall be construed to deprive the State or any city, city and county, municipal water district, irrigation district, lighting district, political subdivision, or any person of any rights to acquire property by eminent domain proceedings.

Section § 1008

Explanation

This law makes it clear that nothing in this division should be seen as taking away anyone's right to appeal as provided by the state laws.

Nothing in this division shall be construed as depriving any person of the right of appeal conferred under the laws of this State.

Section § 1009

Explanation

This law allows any water supplier in California, such as cities, counties, districts, or private entities, to implement programs that aim to conserve water for municipal use. They can also mandate that new customers install reasonable devices that save or reclaim water as a condition for receiving new water service.

Any supplier of water in this state for municipal use, including the state, or any city, county, city and county, district, individual, partnership, corporation, or any other entity, may undertake a water conservation program to reduce water use and may require, as a condition of new service, that reasonable water-saving devices and water reclamation devices be installed to reduce water use.

Section § 1009.5

Explanation

This law allows a water district and the county district attorney to agree that the water district's attorney can be a special prosecutor. This attorney can prosecute certain violations related to water pollution or water conservation, including misdemeanors or infractions. The district attorney decides the scope of the water district's attorney's powers, including subpoena authority. The district attorney also specifies which laws the water district's attorney is allowed to prosecute. This agreement ensures legal matters related to water issues are addressed efficiently.

(a)CA Water Code § 1009.5(a) A water district and the district attorney of any county in which the water district is located may enter into an agreement authorizing the attorney for the water district to act as a special prosecutor appointed by and under the supervision and direction of the district attorney for the purpose of prosecuting a violation of an ordinance of the district or a violation of a statute that is a misdemeanor or an infraction, or a violation of a resolution or ordinance adopted pursuant to Section 375, subject to all of the following limitations:
(1)CA Water Code § 1009.5(a)(1) The ordinance, resolution, or statute relates to water pollution, including waste water and stormwater, or to water conservation.
(2)CA Water Code § 1009.5(a)(2) The district attorney shall prescribe the scope of, and any limitations on, the subpoena power of the attorney for the water district.
(3)CA Water Code § 1009.5(a)(3) The district attorney may designate any ordinance, resolution, or statute that the attorney for the water district is authorized to prosecute.
(b)CA Water Code § 1009.5(b) A water district, for purposes of this section, means a water district as defined in Section 20200.

Section § 1010

Explanation

This law says that if someone stops or reduces using water from their existing rights because they're using recycled, desalinated, or polluted water instead, it is still considered a reasonable and beneficial use of their water rights. This means their water rights won't be diminished or lost.

If water is used in this way, it can justify extending the time they have to fully use the water under their permit. The water permit won't be reduced due to this alternative water use, and the user might need to report on the amount of recycled or desalinated water they use. The law also allows such water to be sold, leased, or transferred legally, without losing any part of the original rights.

(a)Copy CA Water Code § 1010(a)
(1)Copy CA Water Code § 1010(a)(1) The cessation of, or reduction in, the use of water under any existing right regardless of the basis of right, as the result of the use of recycled water, desalinated water, or water polluted by waste to a degree which unreasonably affects the water for other beneficial uses, is deemed equivalent to, and for purposes of maintaining any right shall be construed to constitute, a reasonable beneficial use of water to the extent and in the amount that the recycled, desalinated, or polluted water is being used not exceeding, however, the amount of such reduction.
(2)CA Water Code § 1010(a)(2) No lapse, reduction, or loss of any existing right shall occur under a cessation of, or reduction in, the use of water pursuant to this subdivision, and, to the extent and in the amount that recycled, desalinated, or polluted water is used in lieu of water appropriated by a permittee pursuant to Chapter 6 (commencing with Section 1375) of Part 2, the board shall not reduce the appropriation authorized in the user’s permit.
(3)CA Water Code § 1010(a)(3) The use of recycled, desalinated, or polluted water constitutes good cause under Section 1398 to extend the period specified in a permit for application of appropriated water to beneficial use to the extent and in the amount that recycled, desalinated, or polluted water is used. The extension by the board shall be granted upon the same terms as are set forth in the user’s permit, and for a period sufficient to enable the permittee to perfect his appropriation, while continuing to use recycled, desalinated, or polluted water.
(4)CA Water Code § 1010(a)(4) The board, in issuing a license pursuant to Article 3 (commencing with Section 1610) of Chapter 9 of Part 2, shall not reduce the appropriation authorized by permit, to the extent and in the amount that reduction in a permittee’s use, during the perfection period, including any extension as provided in this section, has resulted from the use of recycled, desalinated, or polluted water in lieu of the permittee’s authorized appropriation.
(5)CA Water Code § 1010(a)(5) The board may require any user of water who seeks the benefit of this section to file periodic reports describing the extent and amount of the use of recycled, desalinated, or polluted water. To the maximum extent possible, the reports shall be made a part of other reports required by the board relating to the use of water.
(6)CA Water Code § 1010(a)(6) For purposes of this section, the term “recycled water” has the same meaning as in Division 7 (commencing with Section 13000).
(b)CA Water Code § 1010(b) Water, or the right to the use of water, the use of which has ceased or been reduced as the result of the use of recycled, desalinated, or polluted water as described in subdivision (a), may be sold, leased, exchanged, or otherwise transferred pursuant to any provision of law relating to the transfer of water or water rights, including, but not limited to, provisions of law governing any change in point of diversion, place of use, and purpose of use due to the transfer.

Section § 1011

Explanation

This section explains that if someone who has rights to use water uses less of it due to conservation efforts, such as land fallowing or crop rotation, they won’t lose their water rights. The reduction in usage is considered a reasonable use, and their rights are protected against forfeiture for not using the full amount of water. Water users may need to report their conservation activities to keep these protections.

Additionally, water rights that are conserved can be transferred, such as being sold or leased. Once a water transfer agreement ends, the rights revert back to the original holder as if the transfer never happened.

(a)CA Water Code § 1011(a) When any person entitled to the use of water under an appropriative right fails to use all or any part of the water because of water conservation efforts, any cessation or reduction in the use of the appropriated water shall be deemed equivalent to a reasonable beneficial use of water to the extent of the cessation or reduction in use. No forfeiture of the appropriative right to the water conserved shall occur upon the lapse of the forfeiture period applicable to water appropriated pursuant to the Water Commission Act or this code or the forfeiture period applicable to water appropriated prior to December 19, 1914.
The board may require that any user of water who seeks the benefit of this section file periodic reports describing the extent and amount of the reduction in water use due to water conservation efforts. To the maximum extent possible, the reports shall be made a part of other reports required by the board relating to the use of water. Failure to file the reports shall deprive the user of water of the benefits of this section.
For purposes of this section, the term “water conservation” shall mean the use of less water to accomplish the same purpose or purposes of use allowed under the existing appropriative right. Where water appropriated for irrigation purposes is not used as a result of temporary land fallowing or crop rotation, the reduced usage shall be deemed water conservation for purposes of this section. For the purpose of this section, “land fallowing” and “crop rotation” mean those respective land practices, involving the nonuse of water, used in the course of normal and customary agricultural production to maintain or promote the productivity of agricultural land.
(b)CA Water Code § 1011(b) Water, or the right to the use of water, the use of which has ceased or been reduced as the result of water conservation efforts as described in subdivision (a), may be sold, leased, exchanged, or otherwise transferred pursuant to any provision of law relating to the transfer of water or water rights, including, but not limited to, provisions of law governing any change in point of diversion, place of use, and purpose of use due to the transfer.
(c)CA Water Code § 1011(c) Notwithstanding any other provision of law, upon the completion of the term of a water transfer agreement, or the right to the use of that water, that is available as a result of water conservation efforts described in subdivision (a), the right to the use of the water shall revert to the transferor as if the water transfer had not been undertaken.

Section § 1011.5

Explanation

This law emphasizes the importance of using water efficiently in California by encouraging the combined use of surface water and groundwater, known as conjunctive use. It states that if someone with rights to use water stops or reduces their usage due to substituting with an alternative water source, their rights won't be forfeited. Basically, if they're using a different water supply efficiently, it's like they're still using their original water rights. Holders of water rights must report these changes to maintain benefits.

Substitute water must adhere to regulations, especially from non-depleted groundwater areas, except in certain cases like the Eastern San Joaquin County Basin, where specific conditions ensure a fair exchange of water use and credits. This section also allows for the selling or exchanging of water rights when a substitute supply is used.

However, these rules don't apply in areas threatened by poor water quality due to pumping, and they don't affect the jurisdiction of water regulation authorities over groundwater.

(a)CA Water Code § 1011.5(a) The Legislature hereby finds and declares that the growing water needs of the state require the use of water in an efficient manner and that the efficient use of water requires certainty in the definition of property rights to the use of water. The Legislature further declares that it is the policy of this state to encourage conjunctive use of surface water and groundwater supplies and to make surface water available for other beneficial uses. The Legislature recognizes that the substantial investments that may be necessary to implement and maintain a conjunctive use program require certainty in the continued right to the use of alternate water supplies.
(b)CA Water Code § 1011.5(b) When any holder of an appropriative right fails to use all or any part of the water as a result of conjunctive use of surface water and groundwater involving the substitution of an alternate supply for the unused portion of the surface water, any cessation of, or reduction in, the use of the appropriated water shall be deemed equivalent to a reasonable and beneficial use of water to the extent of the cessation of, or reduction in, use, and to the same extent as the appropriated water was put to reasonable and beneficial use by that person. No forfeiture of the appropriative right to the water for which an alternate supply is substituted shall occur upon the lapse of the forfeiture period applicable to water appropriated pursuant to the Water Commission Act or this code or the forfeiture period applicable to water appropriated prior to December 19, 1914.
The state board may require any holder of an appropriative right who seeks the benefit of this section to file periodic reports describing the extent and amount of the reduction in water use due to substitution of an alternate supply. To the maximum extent possible, the reports shall be made a part of other reports required by the state board relating to the use of water. Failure to file the reports shall deprive the user of water of the benefits of this section.
(c)CA Water Code § 1011.5(c) Substitution of an alternate supply may be made only if the extraction of the alternate supply conforms to all requirements imposed pursuant to an adjudication of the groundwater basin, if applicable, and meets one of the following conditions:
(1)CA Water Code § 1011.5(c)(1) Except as specified in paragraph (2), is from a groundwater basin for which the operating safe yield is not exceeded prior to the extraction of the alternate supply and does not cause the operating safe yield of the groundwater basin from which the alternate supply is obtained to be exceeded.
(2)CA Water Code § 1011.5(c)(2) Is from the Eastern San Joaquin County Basin, as described on pages 38 and 39 of the Department of Water Resources Bulletin No. 118-80, for which the operating safe yield is exceeded prior to the extraction of the alternative supply, if all of the following requirements are met:
(A)CA Water Code § 1011.5(c)(2)(A) The conjunctive use program is operated in accordance with a local groundwater management program that complies with the requirements of this section.
(B)CA Water Code § 1011.5(c)(2)(B) The groundwater management program establishes requirements for the extraction of groundwater and is approved by a joint powers authority that meets the requirements of subparagraph (C).
(C)CA Water Code § 1011.5(c)(2)(C) The joint powers authority includes one or more of the water agencies overlying the contemplated points of groundwater extraction and one or more of the water agencies that will share in the benefits to be derived from the local groundwater management program.
(D)CA Water Code § 1011.5(c)(2)(D) By either of the following methods, the overdraft of the groundwater basin underlying the point of extraction has been reduced prior to the commencement of extraction:
(i)CA Water Code § 1011.5(c)(2)(D)(i) Elimination of a volume of existing groundwater extractions in excess of the proposed new extraction.
(ii)CA Water Code § 1011.5(c)(2)(D)(ii) Recharge of the groundwater basin with a volume of water in excess of the proposed new extraction.
(E)CA Water Code § 1011.5(c)(2)(E) The operation of that conjunctive use program ensures that the overdraft of the groundwater basin continues to be reduced.
(d)CA Water Code § 1011.5(d) Water, or the right to the use of water, the use of which has ceased or been reduced as the result of conjunctive use of surface water and groundwater involving substitution of an alternate supply, as described in subdivisions (b) and (c), may be sold, leased, exchanged, or otherwise transferred pursuant to any provision of law relating to the transfer of water or water rights, including, but not limited to, provisions of law governing any change in point of diversion, place of use, and purpose of use due to the transfer.
(e)CA Water Code § 1011.5(e) As used in this section, “substitution of an alternate supply” means replacement of water diverted under an appropriative right by the substitution of an equivalent amount of groundwater.
(f)CA Water Code § 1011.5(f) This section does not apply to the Santa Ana River watershed.
(g)CA Water Code § 1011.5(g) This section does not apply in any area where groundwater pumping causes, or threatens to cause, a violation of water quality objectives or an unreasonable effect on beneficial uses established in a water quality control plan adopted or approved by the state board pursuant to, and to the extent authorized by, Section 13170 or 13245, which designates areas where groundwater pumping causes, or threatens to cause, a violation of water quality objectives or an unreasonable effect on beneficial uses.
(h)CA Water Code § 1011.5(h) This section shall not be construed to increase or decrease the jurisdiction of the state board over groundwater resources, or to confer on the state board jurisdiction over groundwater basins over which it does not have jurisdiction pursuant to other provisions of law.

Section § 1012

Explanation

This law states that if someone or an agency, alone or with others, conserves water that would otherwise come from the Colorado River and be used within the Imperial Irrigation District, their right to use that saved water shouldn't be lost or weakened. This protection applies unless it's specifically agreed otherwise in written agreements.

Notwithstanding any other provision of law, where any person, public agency, or agency of the United States undertakes any water conservation effort, either separately or jointly with others entitled to delivery of water from the Colorado River under contracts with the United States, which results in reduced use of Colorado River water within the Imperial Irrigation District, no forfeiture, dimunition, or impairment of the right to use the water conserved shall occur, except as set forth in the agreements between the parties and the United States.

Section § 1013

Explanation

This law addresses how the Imperial Irrigation District (IID) can manage its water from the Colorado River and what happens if they conserve water, especially in connection with the Salton Sea. If they reduce water flowing into the Salton Sea by conserving, they're not responsible for any negative effects on the sea. During the Quantification Settlement Agreement (QSA), "land fallowing" means taking land out of farming to save water. This must be part of a plan approved by the IID, with input from local authorities to ensure it doesn't harm the community. Water saved through fallowing is treated the same as water saved by improving efficiency. Parties to the QSA won't lose their water rights if they conserve through these methods. No extra water can be taken from IID until they decide to offer it. For water transferred during the QSA, the IID must pay a fee to help restore the Salton Sea, capped at 10% of the transfer's value, which goes to the Salton Sea Restoration Fund. Certain transfers are exempt from this fee. Some rules only apply if the QSA was signed by October 12, 2003. Importantly, IID must still follow the California Environmental Quality Act.

(a)CA Water Code § 1013(a) The Imperial Irrigation District, acting under a contract with the United States for diversion and use of Colorado River water or pursuant to the California Constitution or to this chapter, or complying with an order of the Secretary of the Interior, a court, or the board, to reduce through conservation measures, the volume of the flow of water directly or indirectly into the Salton Sea, shall not be held liable for any effects to the Salton Sea or its bordering area resulting from the conservation measures.
(b)CA Water Code § 1013(b) For the purposes of this section, and during the term of the Quantification Settlement Agreement as defined in subdivision (a) of Chapter 617 of the Statutes of 2002, “land fallowing conservation measures” means the generation of water to be made available for transfer or for environmental mitigation purposes by fallowing land or removing land from agricultural production regardless of whether the fallowing or removal from agricultural production is temporary or long term, and regardless of whether it occurs in the course of normal and customary agricultural production, if both of the following apply:
(1)CA Water Code § 1013(b)(1) The measure is part of a land fallowing conservation plan that includes mitigation provisions adopted by the Board of Directors of the Imperial Irrigation District.
(2)CA Water Code § 1013(b)(2) Before the Imperial Irrigation District adopts a land fallowing conservation plan, the district shall consult with the Board of Supervisors of the County of Imperial and obtain the board’s assessment of whether the proposed land fallowing conservation plan includes adequate measures to avoid or mitigate unreasonable economic or environmental impacts in the County of Imperial.
(c)CA Water Code § 1013(c) In order to minimize impacts on the environment, during the term of the Quantification Settlement Agreement and for six years thereafter, in any evaluation or assessment of the Imperial Irrigation District’s use of water, it shall be conclusively presumed that any water conserved, or used for mitigation purposes, through land fallowing conservation measures has been conserved in the same volume as if conserved by efficiency improvements, such as by reducing canal seepage, canal spills, or surface or subsurface runoff from irrigation fields.
(d)CA Water Code § 1013(d) If a party to the Quantification Settlement Agreement engages in water efficiency conservation measures or land fallowing conservation measures to carry out a Quantification Settlement Agreement transfer or to mitigate the environmental impacts of a Quantification Settlement Agreement transfer, there may be no forfeiture, diminution, or impairment of the right of that party to use of the water conserved.
(e)CA Water Code § 1013(e) During the period that the Quantification Settlement Agreement is in effect and the Imperial Irrigation District is meeting its water delivery obligations under the Quantification Settlement Agreement and its water delivery obligations under subdivision (c) of Section 2081.7 of the Fish and Game Code, no person or local agency, as defined in Section 21062 of the Public Resources Code, may seek to obtain additional conserved Colorado River water from the district, voluntarily or involuntarily, until the district has adopted a resolution offering to make conserved Colorado River water available.
(f)CA Water Code § 1013(f) During the initial term in which the Quantification Settlement Agreement is in effect, any water transferred by the Imperial Irrigation District shall be subject to an ecosystem restoration fee established by the Department of Fish and Game, in consultation with the board, to cover the proportional impacts to the Salton Sea of the additional water transfer. The fee shall not exceed 10 percent of the amount of any compensation received for the transfer of the water. The fee shall be deposited in the Salton Sea Restoration Fund. This fee shall not apply to the following transfers:
(1)CA Water Code § 1013(f)(1) Transfers to meet water delivery obligations under the Quantification Settlement Agreement and related agreements, as defined in that agreement.
(2)CA Water Code § 1013(f)(2) Transfers to comply with subdivision (c) of Section 2081.7 of the Fish and Game Code.
(3)CA Water Code § 1013(f)(3) Transfers pursuant to a Defensive Transfer Agreement as defined in the Agreement for Acquisition of Conserved Water between the Imperial Irrigation District and the Metropolitan Water District of Southern California.
(g)CA Water Code § 1013(g) Subdivisions (c), (d), (e), and (f) shall not become operative unless the parties have executed the Quantification Settlement Agreement on or before October 12, 2003.
(h)CA Water Code § 1013(h) This section may not be construed to exempt the Imperial Irrigation District from any requirement established under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

Section § 1014

Explanation

This law states that transferring water or offering water for transfer will not lead to losing, changing, or giving up any established rights to use that water. Additionally, negotiating or agreeing on a water transfer cannot be used as proof that the water is being wasted or not used properly.

The transfer of water, or the offer of water for transfer, shall not cause, or be the basis for, a forfeiture, abandonment, or modification of any water right, contract right, or other right to the use of that water. An offer of water for transfer, contract negotiations, or a transfer agreement shall not be used as evidence of waste or unreasonable use, or of cessation of use, of the water made available for transfer.

Section § 1015

Explanation

This law deals with temporary changes in water use and what happens if someone accuses you of misusing the water you're using in a water transfer. If there's a claim that you're using too much water or not using it properly under legal standards, they'll evaluate how you're using the water that was transferred to you. If you lose your right to use this transferred water because they find you're wasting it or using it wrongly, the water rights go back to the person who transferred it to you.

During the term of a temporary change, as defined in Section 1725.5, if an enforcement action or other proceeding is commenced that alleges that the use of water violates Section 2 of Article X of the California Constitution, Sections 100, 101, 1410, and 1675, or any other legislative, administrative, or judicial limitation on the water that is subject to that water transfer and the water involved is, at the time of the alleged violation, subject to a water transfer, the determination of the alleged violation shall be based on an assessment of the transferee’s use of transferred water. If a transferee’s right to use transferred water is divested, in whole or in part, on the basis of the transferee’s abandonment, forfeiture, waste, or unreasonable use of the transferred water, the divested portion of the right shall revert immediately to the transferor.

Section § 1016

Explanation

This law states that after a water transfer agreement ends, the rights and use of the transferred water go back to the original owner. The party who received the water, or anyone benefiting from the transfer, cannot demand that the water supply continues.

Additionally, they cannot claim a right to more water based on several reasons, such as reliance, public use, emergencies, or unexpected demand increases.

(a)CA Water Code § 1016(a) At the conclusion of the term of a water transfer agreement, all rights in, and the use of, the water subject to the agreement revert back to the transferor.
(b)CA Water Code § 1016(b) After the conclusion of the term of a water transfer agreement, the transferee or any beneficiary of the transfer shall not do either of the following:
(1)CA Water Code § 1016(b)(1) Bring any claim for a continuation of the water supply made available by the agreement.
(2)CA Water Code § 1016(b)(2) Claim any right to a continued supply of water as a result of the transfer, based on reliance, estoppel, intervening public use, prescription, water shortage emergency, or unforeseen or unforeseeable increases in demand, or any other cause.

Section § 1017

Explanation

This law states that if you have a right to use water and you transfer or exchange it under certain laws, it still counts as a 'beneficial use' of water. This means your water rights won't be harmed or forfeited because of the transfer or exchange, even if the water was appropriated before December 19, 1914.

The beneficial use of water pursuant to a transfer or exchange authorized pursuant to Chapter 6.6 (commencing with Section 1435) of, Chapter 10 (commencing with Section 1700) of, Chapter 10.5 (commencing with Section 1725) of, Part 2, or any other provision of law, shall constitute a beneficial use of water by the holder of the permit, license, water right, or other entitlement for use that is the basis for the transfer or exchange, and shall not affect any determination or forfeiture applicable to water appropriated pursuant to the Water Commission Act or this code or water appropriated prior to December 19, 1914.

Section § 1018

Explanation

When farmers leave their land unplanted to make water available for transfer, they should try to grow or keep non-watered plants. This helps create habitats for birds and wildlife, as long as they also follow all the other rules for transferring water.

When agricultural lands are being idled in order to provide water for transfer pursuant to this division, and an amount of water is determined to be made available by that idling, landowners shall be encouraged to cultivate or retain nonirrigated cover crops or natural vegetation to provide waterfowl, upland game bird, and other wildlife habitat, provided that all other water transfer requirements are met.