§ 875.3. Minimum Diversions for Livestock Watering.
23 CA ADC § 875.3Barclays Official California Code of RegulationsEffective: February 1, 2024
Effective: February 1, 2024
23 CCR § 875.3
§ 875.3. Minimum Diversions for Livestock Watering.
(b) Limited livestock watering diversions may be authorized to continue after receipt of a curtailment order upon certification to the Deputy Director that the diversion: (1) is necessary to provide adequate water to livestock, (2) is conveyed without seepage through a means specified in the certification, and (3) either, shall not, on average, exceed the reasonable livestock watering quantities set forth in Article 5, section 697 for livestock addressed in that section, or, for livestock not addressed in Article 5, section 697, shall not, on average, exceed the closest analogous livestock in Article 5, section 697 or a minimum water amount set forth in the certification with reference to supporting evidence regarding the particular livestock needs. The self-certification shall also include the number of livestock being provided with water, diversion location, water source information, the anticipated daily amount diverted to provide water for livestock, and whether the water source is an alternate source used to comply with the emergency regulation. The Deputy Director may request additional information or disapprove any self-certification if the information provided is insufficient to support the statement or if more convincing evidence contradicts the claim(s). If a self-certification submitted pursuant to this section is disapproved, the diversions are subject to any applicable curtailment order issued for that basis of right.
(d) To the extent that a diversion for minimum livestock water needs requires more than the reasonable livestock watering quantities set forth in Article 5, section 697, or that it relies on conveyances with minimal amounts of seepage, the continued diversion of water after issuance of a curtailment order for the diversion requires submission of a petition demonstrating compliance with the requirements of subdivisions (d)(1)-(5), below, and approval by the Deputy Director. The Deputy Director may condition approval of the petition on implementation of additional conservation measures, monitoring, or reporting requirements. Any petition to continue diversion to meet minimum livestock watering needs greater than the reasonable livestock watering quantities set forth in Article 5, section 697 must:
Credits
Note: Authority cited: 1058 and 1058.5, Water Code. Reference: Cal. Const., Art. X, § 2; Sections 100, 100.5, 104, 105, 275 and 1058.5, Water Code; Environmental Defense Fund v. East Bay Muni. Util. Dist. (1980) 26 Cal.3d 183; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; and Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.
History
1. New section filed 2-1-2024 as an emergency; operative 2-1-2024 (Register 2024, No. 5). The finding of emergency was exempt from OAL review pursuant to Water Code section 1058.5(b). Pursuant to Water Code section 1058.5(c), a Certificate of Compliance must be transmitted to OAL by 1-31-2025 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 2023, No. 34.
This database is current through 9/20/24 Register 2024, No. 38.
Cal. Admin. Code tit. 23, § 875.3, 23 CA ADC § 875.3
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