Cal. Code Regs. tit. 23 § 745

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 745 - Protest Requirements

Protests shall be submitted in writing with a duplicate copy to the applicant and shall substantially comply with the following requirements.

(a) Each protest shall include the name and address of the protestant and show that the protestant has read either the application or the related notice.

(b) If the protest is based on interference with a prior right, there shall be an allegation of specific injury to protestant which will result from the proposed appropriation. The protest shall state the basis of protestant's claim of right to use water and when the use began, the use which has been made in recent years, and present use. The location of protestant's point of diversion shall be described with sufficient accuracy so that the position thereof relative to the point of diversion proposed by applicant may be determined.

(c) The allegation that the proposed appropriation would not be within the board's jurisdiction, would not best conserve the public interest or public trust uses, would have an adverse environmental impact, or would be contrary to law shall be accompanied by a statement of facts supporting the allegation.

(d) Protestant should call attention to any amendment of the application or other grounds for settlement which, if agreed upon, would result in withdrawal of the protest.

(e) The protest shall indicate the manner in which service upon the applicant of a duplicate copy of the protest has been made.

Cal. Code Regs. Tit. 23, § 745

1. Renumbering and amendment of Section 719 to Section 745 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 19.

Note: Authority cited: Section 1058, Water Code. Reference: Sections 1330 and 1331, Water Code; and National Audubon Society v. Superior Court of Alpine County, 33 Cal.3d 419, 189 Cal.Rptr. 346, 658 P.2d 709 (1983).

1. Renumbering and amendment of Section 719 to Section 745 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 19.