General ProvisionsDefinitions and Interpretation of Division
Section § 1000
In this section, the word "water" also covers how water is used.
Section § 1001
This law states that nothing in this section should be understood to create or confirm any ownership or rights to the actual water itself.
Section § 1002
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.
Section § 1003
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.
Section § 1004
Section § 1005
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.
Section § 1005.1
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.
Section § 1005.2
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.
Section § 1005.3
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.
Section § 1005.4
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.
Section § 1006
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.
Section § 1007
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.
Section § 1008
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.
Section § 1009
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.
Section § 1009.5
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.
Section § 1010
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.
Section § 1011
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.
Section § 1011.5
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.
Section § 1012
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.
Section § 1013
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.
Section § 1014
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.
Section § 1015
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.
Section § 1016
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.
Section § 1017
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.
Section § 1018
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.