Cal. Code Regs. tit. 23 § 920

Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 920 - Supplemental Statements of Water Diversion and Use
(a) Supplemental statements of water diversion and use shall be filed online through a reports management system accessible through the board's website before each February 1 after the close of the prior twelve month reporting period, or more frequently as directed under section 917.
(b) After the board has received an initial statement of water diversion and use as required by Water Code section 5101, the board will provide a user name and password to the person required to file supplemental statements of water diversion and use. The electronic supplemental statement form will be pre-populated with current ownership information made available to the board. Failure to receive a notice providing a user name and password does not exempt the filer from the requirement to file a supplemental statement of change. Persons required to file a supplemental statement should notify the board prior to the annual reporting date to request a user name and password if the board has not already provided such information.
(c) Within 30 days following the transfer of a right or claim which is subject to Water Code section 5101, either the transferor (previous holder/diverter) or the transferee (new holder/diverter) shall notify the board by completing and electronically submitting the supplemental statement of change form available on the board's website.
(d) Following those thirty days, and for each day thereafter until the supplemental statement of change form is submitted, the transferee (new holder/diverter) may be subject to civil liability up to the maximum allowed pursuant to Water Code section 1846.
(e) Following electronic submission of the supplemental statement of change form, the board will send notices of correspondence to the transferee (new holder/diverter). Filing the supplemental statement of change form does not eliminate the requirement to file a supplemental statement of water diversion and use.
(f) The completed supplemental statement form shall include the following information:
(1) The name(s), address(es), and other ownership information for the diverter;
(2) The type of water right being claimed for the water diverted under the statement;
(3) The maximum rate of diversion achieved at any time during each month, if available;
(4) The amount of water directly diverted and collected to storage in each month and the total annual amount diverted. Each month must contain an entry. If no diversion occurred, a "0" should be entered;
(5) A description of the diversion works, including type of diversion and capacity of direct diversion and/or storage facility.
(6) Information on the device or method used to calculate the amount of water diverted, as required by chapter 2.8 of division 3 of this title.
(7) The amount of water beneficially used in each month and the total annual amount beneficially used. Each month must contain an entry. If no beneficial use occurred in a given month, a "0" should be entered;
(8) The purpose(s) for which the water was diverted and used. Use information to be provided includes:
(A) irrigation, including crop type and acreage;
(B) frost protection, including acres covered;
(C) heat control, including acres covered;
(D) industrial, including type of activity;
(E) stock watering, including number and type of animals;
(F) municipal, including approximate population served, and seven digit public water system number or other identifier;
(G) domestic, including number of persons served, lawn or garden area, and seven digit public water system number or other identifier, if applicable;
(H) power generation, including installed capacity in kilowatts, megawatts or horsepower;
(I) recreational, including boating, fishing or other water sports;
(J) any additional uses not named above, including environmental use.
(9) Any changes in the other information contained in the preceding statement;
(10) Report of water transfers during the twelve month reporting period including transfer dates and approving agency;
(11) Report of transferred contract water including contract agency, contract number, source, amount of contract water in acre-feet and projected water use in the upcoming year.
(12) Water diversion measurement, either direct diversion or diversion to storage including the type of device(s) used, additional technology used, who installed the device(s) and any alternative method(s) used in measuring the water diversion.
(g) If a substitute or alternative water supply, such as groundwater, contract water, or recycled water, is being used in lieu of surface water to be reported under a statement, the report should indicate the source and amount of substitute or alternative water used and the amount of surface water offset, on a monthly basis.
(h) If water conservation efforts have resulted in a cessation or reduction in use, the report should include a description of the conservation efforts employed and indicate the extent and monthly amount of the reduction in water use due to these water conservation efforts.

Cal. Code Regs. Tit. 23, § 920

1. New section filed 12-20-2010 as an emergency; operative 12-20-2010 (Register 2010, No. 52). Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board. For prior history, see Register 87, No. 10.
2. Amendment of section and NOTE filed 3-21-2016 as an emergency; operative 3-21-2016 (Register 2016, No. 13). Pursuant to Water Code section 1841(b), the amendments shall remain in effect until revised by the State Water Resources Control Board.
3. Amendment of subsection (a), new subsections (c)-(e), relettering of former subsection (c) to subsection (f), including amendment of new subsection (f)(6), relettering of former subsection (d) to subsection (f)(12), relettering of former subsections (e)-(f) to (g)-(h) and amendment of NOTE filed 1-31-2023; operative 1-31-2023 (Register 2023, No. 5).

Note: Authority cited: Sections 348(a), 1058 and 1841, Water Code. Reference: Sections 348(a), 1010, 1011, 1011.5, 1055, 1840, 1846, 5100, 5101, 5103 and 5104, Water Code.

1. New section filed 12-20-2010 as an emergency; operative 12-20-2010 (Register 2010, No. 52). Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board. For prior history, see Register 87, No. 10.
2. Amendment of section and Note filed 3-21-2016 as an emergency; operative 3-21-2016 (Register 2016, No. 13). Pursuant to Water Code section 1841(b), the amendments shall remain in effect until revised by the State Water Resources Control Board.
3. Amendment of subsection (a), new subsections (c)-(e), relettering of former subsection (c) to subsection (f), including amendment of new subsection (f)(6), relettering of former subsection (d) to subsection (f)(12), relettering of former subsections (e)-(f) to (g)-(h) and amendment of NOTE filed 1-31-2023; operative 1/31/2023 (Register 2023, No. 5).