Cal. Code Regs. tit. 23 § 794

Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 794 - Petition Information and Map Requirements
(a) A petition for change(s) submitted by a permittee or licensee, or submitted pursuant to Water Code Section 1740 by a holder of a water right determined under Water Code Section 2500 et seq. after January 1, 1981 shall identify the amount(s) and holder(s) of the right(s) involved and shall include the following information and map(s):
(1) The amount(s) of water which would have been diverted, consumptively used, or stored under the water right in the absence of the proposed change(s), (a) during the period for which the change is requested, or (b) in a maximum year if the change is permanent;
(2) The amount(s) of water proposed for change, transfer or exchange;
(3) The existing and the proposed purpose(s) of use of water;
(4) The existing and the proposed point(s) of diversion and rediversion, and the existing and proposed location(s) of any return flow;
(5) The existing and the proposed place(s) of use of the water for various purposes of use;
(6) The existing and the proposed diversion, release and return flow schedules if stored water is involved or if the streamflow regime will be changed;
(7) Any changes in property ownership(s) involved, and the point(s) of diversion and place(s) of use of other known users of water who may be affected by the proposed change(s);
(8) Information identifying any effects of the proposed change(s) on fish, wildlife, and other instream beneficial uses;
(9) Information identifying any effects of the proposed change(s) on other known users of water, including identification in quantitative terms of any projected change in water quantity, water quality, timing of diversion or use, consumptive use of the water, reduction in return flows, or reduction in the availability of water within the streams affected by the proposed change(s);
(10) The parties involved in the proposed change, transfer or exchange;
(11) Map(s) prepared in accordance with Article 7 which describe the proposed change(s), delineate any additional information required by Items (4), (5), and (7) above, and show the hydrologic basin of origin and the streams which could be affected by the proposed change(s).
(12) The proposed place(s) of use for irrigation may be listed as net acreage(s) within gross area(s) shown on a map submitted with the petition.
(b) Water right holders proposing a change in point of diversion, place of use or purpose of use shall provide preliminary information and map(s) required by subdivision (a) to, and shall request consultation with, the Department of Fish and Game and the appropriate Regional Water Quality Control Board regarding the potential effects of the proposed change(s) on water quality, fish, wildlife, and other instream beneficial uses.
(c) Before approval of a change petition, any water right holder petitioning for a change in point of diversion, place of use or purpose of use shall provide to the board all comments of the Department of Fish and Game and the Regional Water Quality Control Board in response to the request for consultation required by subsection (b).
(d) The petition for change(s) will not be accepted for filing unless it contains all of the information required by subdivision (a) and proof that a copy of the petition has been served on the Department of Fish and Game.

Cal. Code Regs. Tit. 23, § 794

1. Repealer and new section filed 12-13-93; operative 1-12-94 (Register 93, No. 51). For prior history, see Register 87, No. 10.

Note: Authority cited: Sections 1058, 1436 and 1726, Water Code. Reference: Sections 1435, 1436, 1437, 1438(a), 1702, 1726, 1727 and 1740, Water Code.

1. Repealer and new section filed 12-13-93; operative 1-12-94 (Register 93, No. 51). For prior history, see Register 87, No. 10.