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§ 878.4. Local Cooperative Solutions.


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 § 878.4
§ 878.4. Local Cooperative Solutions.
If the National Marine Fisheries Service and the California Department of Fish and Wildlife enter into an agreement with a diverter or diverters, that the National Marine Fisheries Service or the California Department of Fish and Wildlife determines provides watershed-wide protection for the fishery that is comparable to or greater than that provided by section 876.5, the diverter or diverters may request approval from the Deputy Director to implement the agreement in place of State Board-issued curtailment orders under section 876.5. The Deputy Director shall approve the request so long as other users of water will not be injured.
The Deputy Director's approval may be subject to any conditions, including reporting requirements, that the Deputy Director determines to be appropriate to assure that no other users of water will be injured and that the flows in the agreements will occur. If the Deputy Director does not act on a request within one week of receipt. the request will be deemed approved.
Other local cooperative solutions may also be proposed to the Deputy Director as an alternative means of reducing water use to preserve drought emergency minimum flows. Requests to implement voluntary agreements to coordinate diversions or share water in place of State Water Board-issued curtailment orders under this article may be submitted to the Deputy Director at any time. The Deputy Director may approve a request, or approve it subject to any conditions including reporting requirements that the Deputy Director determines to be appropriate, if the Deputy Director determines:
(a) The continued diversion is reasonable;
(b) That other users of water will not be injured; and
(c) That the relevant minimum flows identified in this article will be met.
If a local solution is already in place at the time a curtailment order is issued, a diverter subject to a curtailment order must, within five days of issuance of the curtailment order, submit a petition to the Deputy Director and submit a certification under penalty of perjury that a petition has been filed as authorized under this section, the diversion will be authorized if the petition is approved. The subject water right authorizes the diversion in the absence of a curtailment order. and that diversion and use will comply with the conditions for approval of the petition, except that approval by other authorities may still be pending.
Diversions covered by an agreement approved by the Deputy Director to coordinate diversions or share water pursuant to this section are subject to this article and violations of such an approved agreement shall be subject to enforcement as a violation of this article. Notice of petitions and decisions under this section will be posted as soon as practicable on the State Board's drought webpage. The Deputy Director may issue a decision under this article prior to providing notice. Any interested person may file an objection to the certification, petition or decision. The objection shall indicate the manner of service upon the certifier or petitioner. The State Board will consider any objection, and may hold a hearing thereon. after notice to all interested persons.
Note: Authority cited: Sections 1058 and 1058.5, Water Code. Reference: Sections 109, 1010, 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 10-4-2021 as an emergency; operative 10-4-2021 (Register 2021, No. 41). 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 10-3-2022 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 § 878.4, 23 CA ADC § 878.4
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