Cal. Code Regs. tit. 23 § 756

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 756 - Benefits and Detriments; Alternative Projects
(a) Analysis. The board shall at the request of any party or on its own motion, to the extent practicable, identify and evaluate the benefits and detriments, including but not limited to economic and environmental factors, of the present and prospective beneficial uses of the waters involved and alternative means of satisfying or protecting such uses, and make findings with respect thereto. For example, if releases of stored water may be required in connection with a project, any party may request that the board analyze the potential benefits and detriments, if any, of such releases. These benefits and detriments may be both economic and environmental. Some examples are possible enhancement or mitigation of flows and enhancement or mitigation of water quality downstream which may, in turn, result in economic benefit or economic mitigation to downstream water users and cause a reduction in economic benefit to direct users of project water by reducing the amount of water available for their use.
(b) Source of Information. The applicant may be required, and other parties may be requested, to provide such information as is determined necessary by the board to prepare the evaluation provided for by this section. The board will use the environmental documents prepared for the project and evidence received in any proceeding relative to the application as sources of information to the fullest extent possible.
(c) Time for Filing Request. Any request by a party that the board make the evaluation called for by this section must be received prior to the date of notice of hearing or notice that the board will conduct proceedings in lieu of hearing.

Cal. Code Regs. Tit. 23, § 756

1. Renumbering of former Section 758 filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
3. Renumbering and amendment of former Section 756 to Section 732, and renumbering and amendment of Section 729 to Section 756 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 75, No. 13.

Note: Authority cited: Section 1058, Water Code. Reference: Sections 100, 174, 275, 1242.5, 1243, 1251, 1253, 1256, 1257, 1258, 1391, 1394, 13000, 13001, 13050, 13140, 13141, 13142, 13170 and 13240, Water Code.

1. Renumbering of former Section 758 filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
3. Renumbering and amendment of former Section 756 to Section 732, and renumbering and amendment of Section 729 to Section 756 filed 1 -16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 75, No. 13.