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§ 878.2. Alternative Water Sharing Agreements.


Barclays Official California Code of Regulations Currentness
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 2. Appropriation of Water
Article 24. Curtailment of Diversions Due to Drought Emergency
23 CCR § 878.2
§ 878.2. Alternative Water Sharing Agreements.
Water users may propose alternatives to water diversion curtailment that achieve the purposes of the curtailment process described under section 876.1 by submitting a proposal to the Deputy Director. Proposals must describe the setting, the parties, the actions, the provisions for monitoring, record keeping and reporting, and the purported benefits of the proposal in sufficient detail to demonstrate to the satisfaction of the Deputy Director that implementing the proposal will not injure non-party legal users of water or result in an unreasonable impact on fish and wildlife. In considering a proposal under this section, the Deputy Director may request additional information or consult with other entities that may have technical or legal information that should be considered in evaluating such proposals, including but not limited to the California Department of Water Resources (DWR) and United States Bureau of Reclamation (Reclamation). The Deputy Director will consult with the Delta Watermaster on any proposals among diverters within the Legal Delta. A proposal may be implemented pending review by the Deputy Director provided that potentially affected water right holders and claimants, including but not limited to DWR and Reclamation, concur with the proposal and no objections to the proposal are submitted to the Deputy Director. The Deputy Director may approve a proposal subject to conditions, including record keeping and reporting requirements, and provided that the Deputy Director finds implementing the proposal will not injure non-party legal users of water or result in an unreasonable impact on fish and wildlife. Diversions consistent with a proposal implemented or approved pursuant to this section are subject to this article, and violations of the terms of the proposal shall be subject to enforcement as a violation of this article or as an unauthorized diversion or use of water.
Notice of proposals and decisions under this section will be posted as soon as practicable on the State Water Board's Delta drought webpage. The Deputy Director may issue a decision under this section prior to providing such notice. Any interested person may file a comment or objection to the proposal or decision with the Deputy Director with simultaneous service to the parties who submitted the proposal. The Deputy Director will consider any comment or objection. The State Water Board may hold a hearing on any proposal to which parties have objected, after notice to all interested persons.
Note: Authority cited: Sections 1058 and 1058.5, Water Code. Reference: Cal. Const., Art. X, § 2; Sections 100, 109, 275, 1011, 1011.5 and 1051.5, Water Code; and City of Barstow v. Mojave Water Agency (2000) 23 Cal.4th 1224.
1. New section filed 8-19-2021 as an emergency; operative 8-19-2021 (Register 2021, No. 34). 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 8-18-2022 or emergency language will be repealed by operation of law on the following day.
This database is current through 6/24/22 Register 2022, No. 25
23 CCR § 878.2, 23 CA ADC § 878.2
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