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§ 795. Notice of Change Petitions.


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 § 795
§ 795. Notice of Change Petitions.
(a) After a petition has been filed for change(s) in point of diversion, place of use, or purpose of use, the petitioner shall cause notice to be given or published if and as required by the board. The board's notice requirements shall be based on the potential effects of the proposed change(s) on legal users of water and on fish, wildlife, and other instream beneficial uses of water. The board will not ordinarily require that notice be given or published in cases where the proposed change(s) do not have the potential to impair the water supply of other legal users of water or instream beneficial uses, except that in all cases the petitioner shall notify the Department of Fish and Game in writing of the proposed change(s). Examples of petitions for which notice will not ordinarily be required, include the following:
(1) Petition for a change in point of diversion which does not change the point relative to diversion points of others and tributary sources on the same stream;
(2) Petition for a change of place of irrigation use from one parcel to another provided that the return flow is unchanged;
(3) Petition for a change in purpose of which would add clearly incidental uses to, or substitute incidental uses for, permitted or licensed uses which are themselves incidental to the principal use of water stored in a reservoir. For the purpose of this section, incidental uses are limited to the following beneficial uses of water: stockwatering; fire protection; non-commercial recreation; non-commercial wildlife preservation or enhancement; generation of power; non-industrial dust control; or soil conservation.
(b) At any time any person may file with the board a written request to receive notice of the filing of change petitions. Thereafter the board shall mail or deliver a copy of each such notice to the person filing the request, including a statement of the time within which any protest, comment, or objection must be filed.
Note: Authority cited: Section 1058 and 1726, Water Code. Reference: Sections 106.7, 110, 1250.5, 1312, 1491, 1703, 1704, 1736 and 1740, Water Code.
1. Renumbering and amendment of section 741 to section 795 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 76, 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 § 795, 23 CA ADC § 795
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