(a) After filing a petition for an extension of time under a permit, the petitioner, in case the board so requires, shall cause notice thereof to be given or published in such manner as may be prescribed by the board.
(1) The board will not ordinarily require that the petitioner cause notice to be given or published where the permitted project meets each of the following criteria:
(A) Construction of the project has commenced or a substantial financial commitment for construction or for land acquisition has been undertaken; and
(B) the project is not in an area where there is unusual competition for or interest in water; and
(C) the project is not a large multi-stage project which may be behind schedule.
(b) At any time any person may request in writing special notice of the filing of petitions for extension of time. Thereafter the board shall mail a copy of each such notice to such person, together with a statement of the time within which any protest must be filed.
(c) Protests to a petition may be filed within the time fixed by the board, which shall be stated in the notice, or such further time as the board may, for good cause, allow. Protests shall be submitted in writing with a copy to the petitioner and shall include the following information:
(1) The name and address of the protestant.
(2) The reasons for protestant's objection to the petition and any conditions on which the objection could be satisfied.
(3) If protestant claims a right to the use of water affected by the permit, the basis of the claim and protestant's use of water shall be described.
The board may require such other information as it deems necessary to resolve the issues, with or without a hearing.
Credits
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1250, 1300, 1320, 1330, 1331, 1398 and 1546, Water Code.
1. Renumbering and amendment of Section 778.5 to Section 843 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 76, No. 5.
2. Editorial correction amending section (Register 2005, No. 17).
This database is current through 6/14/24 Register 2024, No. 24.
Cal. Admin. Code tit. 23, § 843, 23 CA ADC § 843
