Separate applications shall be filed for consumptive and nonconsumptive uses except that an application for either consumptive or nonconsumptive purposes may include water for strictly incidental domestic, power, industrial, stockwatering, recreational, fish and wildlife enhancement, or water quality uses. For the purpose of this section, nonconsumptive use is one which returns substantially all of the water to a surface stream or other surface body of water. Incidental power is generated when operation of the turbine is incidental to the movement of water to meet requirements for other purposes. Notice of a petition to add incidental uses may be given at the board's discretion, in accordance with Section 795, Article 15 of this subchapter.
Cal. Code Regs. Tit. 23, § 686
Note: Authority cited: Section 1058, Water Code. Reference: Section 1252, Water Code.