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§ 782. Passage of Water for Fish.

23 CA ADC § 782Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 2. Appropriation of Water
Article 14. Standard Permit Terms and Conditions
23 CCR § 782
§ 782. Passage of Water for Fish.
In compliance with Section 5937 of the Fish and Game Code, all permits for diversion of water from a stream by means of a dam which do not contain a more specific provision for the protection of fish shall require the permittee to allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around, or through the dam to keep in good condition any fish that may be planted or exist below the dam; provided that during a period of low flow in the stream, upon approval of the Department of Fish and Game, this requirement will be satisfied if sufficient water is passed through a culvert, waste gate, or over or around the dam to keep in good condition any fish that may be planted or exist below the dam if it is impracticable or detrimental to pass the water through a fishway. In the case of a reservoir, this provision shall not require the passage or release of water at a greater rate than the unimpaired natural inflow into the reservoir.

Credits

Note: Authority cited: Section 1058, Water Code. Reference: Sections 1390 and 1394, Water Code.
History
1. New Article 20 (§ 782) filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5). (Ed. Note--Similar to former Section 779.)
2. Renumbering and amendment of former Section 782 to Section 847, and renumbering and amendment of Section 762,5 to Section 782 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 75, No. 17.
This database is current through 6/7/24 Register 2024, No. 23.
Cal. Admin. Code tit. 23, § 782, 23 CA ADC § 782
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