Cal. Code Regs. tit. 23 § 947

Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 947 - Proof of Claim of Water Right
(a) Proofs of claims shall be typewritten or legibly written in ink upon forms furnished by the board. The proofs shall be certified as true under penalty of perjury in accordance with Section 2105.5 of the Code of Civil Procedure.
(b) A separate proof shall be filed for each purpose of use, including public trust use, except that water for incidental domestic, stock watering and recreational use may be claimed in the same proof with any other use, and except that public trust uses must be claimed in a single proof.
(c) A separate proof shall be filed for each diversion from the stream, except where one or more supplemental diversions are used as a convenience to convey water from the same source, under the same claim of right, to the same place of use.
(d) Whenever a claim is based upon a pending application, permit or license to appropriate water, pursuant to the Water Commission Act or the Water Code, a single proof of claim may be submitted.
(e) Where water is supplied by a public agency or private business or non-profit association, the required proofs shall be filed by the agency or association covering all water diverted by such entity from the source. Those supplied with water need not submit separate proofs, but may do so if they claim separate rights.
(f) Where a water right is held by two or more parties and the interests in said water right have been divided among the respective parties, each party shall file a separate proof covering his individual interest in the water right.
(g) Where a water right is held by two or more parties and the interests in said water right are undivided, one proof may be filed to cover the claim of the several parties.

Cal. Code Regs. Tit. 23, § 947

1. Renumbering and amendment of Sections 951-957 to Section 947 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 67, No. 49.

Note: Authority cited: Section 1058, Water Code. Reference: Sections 2501, 2526, 2528, 2553, 2555, 2575 and 2576, 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 Sections 951-957 to Section 947 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 67, No. 49.