Section 871 - Revocation or Revision of a Declaration(a) The board may, upon its own motion or upon petition of any interested person, revoke or revise a declaration, as hereinafter provided.(b) Upon recommendation of the Chief, Division of Water Rights, and following notice and hearing, the board may adopt an order revoking the fully-appropriated status of a stream system which has previously been declared fully appropriated, or revising any condition specified in a declaration upon which applications to appropriate unappropriated water will be accepted for filing and registrations of small domestic use appropriations will be accepted. The Chief's recommendation for revocation or revision may be based upon any relevant factor, including but not limited to a change in circumstances from those considered in a previous water right decision determining that no water remains available for appropriation, or upon reasonable cause derived from hydrologic data, water usage data, or other relevant information acquired by the Division of Water Rights in the course of any investigation conducted by it.(c) Any person may petition the board to revoke or revise the fully appropriated status of a stream system included in a declaration. The Chief, Division of Water Rights, shall give notice of receipt of any such petition to all persons known by the Chief to be interested in the fully-appropriated status of the stream system. (1) The petition shall include hydrologic data, water usage data, or other relevant information based upon which the Chief, Division of Water Rights, may determine that reasonable cause exists to conduct a hearing on the question whether the fully appropriated status of the stream system should be revoked or revised.(2) The petition may also be accompanied, depending upon the magnitude of the proposed appropriation, either (A) by a proposed application to appropriate unappropriated water, or (B) by a proposed registration of small domestic use, notwithstanding that the proposed application or registration is unacceptable because it proposes appropriation from a stream system declared to be fully appropriated and does not meet existing conditions for acceptance. Any such proposed application or registration should be complete pursuant to the law and the rules of the board, including payment of the filing fee. The board may cancel the application for failure to pay any annual fee for the application when due.(3) A proposed application or registration submitted pursuant to subsection (c)(2) will not be accepted but will be retained by the board. Should the board thereafter act in response to the petition to change the declaration in a manner which would make the proposed application or registration acceptable, the proposed application or registration will, if otherwise complete pursuant to the law and the rules of the board, be accepted. A proposed application or registration accepted pursuant to this subsection shall be assigned a priority superior to that assigned to any subsequently retained or accepted application or registration, respectively, proposing to appropriate from a source included in the earlier proposed application or registration; provided that, in proceeding upon competing applications accepted because of a change in the declaration pursuant to this section, the board will implement all provisions of law governing approval and rejection of applications including, but not limited to, Water Code section 1255 relating to public interest.(4) If the Chief determines that the petition shows reasonable cause to conduct a hearing on the question whether the declaration should be changed, the Chief shall notice a hearing on the issue. The board may thereafter adopt an order changing the declaration or declining to do so.(5) If the Chief determines that the petition does not show reasonable cause to conduct a hearing on the question whether the declaration should be changed, the Chief shall notify the petitioner, and all persons given notice pursuant to subsection (c) of this section, of such determination. The petitioner may, within 30 days of the date of the notice, file a request that the board review the Chief's determination. Following receipt of any such request timely filed, the board will review the Chief's determination. The board's review shall be limited to the information provided by petitioner to the Chief, pursuant to subsection (c)(1) of this section. Following its review, the board may affirm the Chief's determination, direct the Chief to reconsider the determination, or direct the Chief to notice a hearing on the question whether the declaration should be changed.Cal. Code Regs. Tit. 23, § 871
1. New section filed 4-7-93; operative 5-7-93 (Register 93, No. 15).
2. Amendment of subsections (c)(2)-(3) and amendment of NOTE filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board. Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1205, 1206, 1207 and 1525, Water Code.
1. New section filed 4-7-93; operative 5-7-93 (Register 93, No. 15).
2. Amendment of subsections (c)(2)-(3) and amendment of Note filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.