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§ 792. Nature of Approval Action.

23 CA ADC § 792BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

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 15. Changes in Point of Diversion, Place of Use, or Purpose of Use
23 CCR § 792
§ 792. Nature of Approval Action.
(a) Prior to issuance of a permit, a petition for change shall set forth amendments to the application or be accompanied by an amended application reflecting the proposed change(s). Thereafter consideration of the application will be based upon the amended application.
(1) If the petition is filed prior to issuance of the notice of application (See Article 3), amendments to the application shall be reflected in the application notice.
(2) If the petition is filed after issuance of the notice of application and prior to issuance of a permit, the application shall be renoticed using the procedures in Article 3.
(b) A proposed change in an existing permit or license, or a proposed change pursuant to Water Code Section 1740 in a water right determined by a court decree issued pursuant to Water Code Section 2500 et seq. after January 1, 1981, may be approved in an order. Any order approving a change will consist of an order designating the new point of diversion, place of use or purpose of use, and any terms and conditions, to be attached to the permit or license as a part thereof. At its option, the board may issue an amended permit or license. For temporary changes, the terms and conditions shall be those necessary to avoid or mitigate adverse impacts that would result from the transfer or to ensure reasonable and beneficial use of water by the transferee during the period of the transfer.
(c) Any order approving a change under Articles 15, 16, 16.5, or 17 shall (1) identify existing rights and current uses of water, (2) designate the amount(s) of water involved in the change, (3) designate the quantities of current and new or temporary beneficial uses of water, (4) designate the existing and new or temporary point(s) of diversion, places(s) of use, and purpose(s) of use, (5) include any required statutory findings, and (6) include any terms and conditions to which approval of the change is subject. Any order approving a change under Articles 15, 16.5, or 17 shall include compliance with any applicable requirements of Division 13 (commencing with Section 21000) of the Public Resources Code.
Note: Authority cited: Section 1058, Water Code. Reference: Section 1435, 1438(a), 1547, 1547.1, 1701, 1702, 1705, 1725, 1726, 1727, 1735 and 1740, Water Code.
HISTORY
1. Renumbering and amendment of former section 792 to section 852, and renumbering and amendment of Section 738.5 to Section 792 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers 64, No. 6 and 60, No. 5.
2. Amendment of section heading, text and Note filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
This database is current through 6/24/22 Register 2022, No. 25
23 CCR § 792, 23 CA ADC § 792
End of Document