Cal. Code Regs. tit. 23 § 1064

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

Section 1064 - Filing Fees for Petitions or Requests

(a) A person who files a petition or a request for release from priority shall pay to the board a filing fee for each water right application, permit or license covered by the petition or request in accordance with this section.

(1) For purposes of calculating the filing fee, a petition to change one or more terms of a single application, permit, license, or other water right shall be considered a single petition, provided that action can be taken on the changes simultaneously, except that a petition for an extension of time shall be considered a separate petition, subject to a separate fee, from a petition to change one or more other terms in a water right. A petitioner requesting changes to more than one application, permit, license, or other water right shall file a separate petition or petitions for each water right and a filing fee shall be required for each petition, except as provided in paragraph (A)(v). A separate filing fee shall be required for each change petition subsequently filed on a water right that is already the subject of a pending petition for change.

(A) Except as provided in subparagraphs (i), (ii), (iii), (iv) and (v), the fee for a petition to change the terms of an application, permit or license shall be as follows. The fee shall be a minimum of $1,000. If the total annual amount of diversion sought by the pending application or authorized by the permit or license, as calculated in accordance with section 1066, is greater than 10 acre-feet, then the petitioner shall pay an additional $0.40 for each acre-foot in excess of 10 acre-feet. The total fee shall not exceed $20,000.

(i) The fee for a petition for change pursuant only to Water Code section 1707 shall be $850.

(ii) The fee for a change petition involving a transfer of water pursuant to Water Code section 382, 1435, 1701, 1725, or 1735 shall be $2,000, plus $0.50 for each acre-foot that the petitioner seeks to transfer in excess of 10 acre-feet. The fee shall be based on the maximum amount of water proposed to be transferred annually, not the amount of water proposed to be transferred over the entire term of the transfer. The total fee shall not exceed $648,914.

(iii) The fee for a petition for extension of time shall be $1,000 plus $0.40 per acre-foot authorized for diversions in excess of 10 acre feet, or $20,000, whichever is less; provided that the fee for a petition for extension of time filed in conjunction with a petition for another type of change for the same right shall be 50 percent of the fee otherwise applicable pursuant to this subparagraph.

(iv) The fee for a petition for issuance of separate permits or licenses pursuant to section 836, where there are no changes to the authorized point of diversion, place of use, purpose of use, or any other material term of the permit or license other than as necessary for the split, shall be $850.

(v) The fee for one or more petitions for temporary change to permits or licenses needed to implement a watershed-wide agreement to provide regional sharing of water diversions of up to 50,000 acre-feet across a watershed shall be $1,000. If a petitioner files the petition or petitions concurrently with a separate petition for temporary change related to one or more of the same permits or licenses, the fee pursuant to this paragraph shall be waived.

(2) The fee for a petition to change the point of discharge, place of use, or purpose of use of treated wastewater pursuant to Water Code section 1211 shall be $5,000 plus $3.00 per acre-foot of reduced flow, or $75,000, whichever is less.

(3) The fee for a request for release from priority of a state-filed application pursuant to Water Code section 10504 shall be $5,000.

(4) The fee for a petition filed pursuant to Water Code section 1228.7 to change the point of diversion or place of use under a registration of an appropriation for small domestic or livestock stockpond use shall be $500.

(5) The fee for a petition filed pursuant to Water Code section 1228.7 to change the point of diversion or place of use under a registration of an appropriation for small irrigation use shall be $750.

(b) A person who filed a petition or a request for release from priority on or after July 1, 2003, and prior to January 1, 2004, shall pay a supplemental filing fee equal to the difference between the filing fee already paid and the amount due pursuant to the regulation in effect on January 1, 2004.

(c) The petition filing fee includes a non-refundable $250 initial review fee.

(d) A petition for a temporary urgency change filed under Water Code section 1443.1 that is solely for purposes of diverting water to underground storage for later beneficial use shall be accompanied by, in addition to the fee required by subdivision (a) of this section, a fee for the California Department of Fish and Wildlife review of the petition as follows:

(1) For a petition to divert less than 10,000 acre-feet of water per year, $3,000 plus $0.10 per acre-foot of water applied for; or

(2) For a petition to divert 10,000 acre-feet of water per year or more, $5,000 plus $0.10 per acre-foot of water applied for.

Cal. Code Regs. Tit. 23, § 1064

Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 386, 1228.7, 1525 and 1535, Water Code.

1. New section 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.
2. Amendment filed 10-14-2004 as an emergency; operative 10-14-2004 (Register 2004, No. 42). Pursuant to Water Code section 1530, this rulemaking action remains in effect until revised by the State Water Resources Control Board.
3. Repealer and new subsection (a)(1), new subsection (a)(1)(A), subsection renumbering, amendment of newly designated subsection (a)(1)(A)(ii) and new subsection (a)(4) filed 10-21-2005 as an emergency; operative 10-21-2005. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2005, No. 42).
4. Editorial correction of History 3 (Register 2008, No. 45).
5. Amendment of subsections (a)(1)(A) and (a)(1)(A)(ii) filed 11-5-2008 as an emergency; operative 11-5-2008. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2008, No. 45).
6. Amendment of subsections (a)(1)(A) and (a)(1)(A)(ii) filed 10-21-2009 as an emergency; operative 10-21-2009. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2009, No. 43).
7. Amendment of subsections (a)(1)(A) and (a)(1)(A)(ii) filed 11-17-2010 as an emergency; operative 11-17-2010 (Register 2010, No. 47). 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.
8. Amendment of subsections (a)(1)(A) and (a)(1)(A)(ii) filed 10-20-2011 as an emergency; operative 10-20-2011. 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 (Register 2011, No. 42).
9. Amendment of subsections (a)(1)(A), (a)(1)(A)(ii) and (a)(4) filed 11-14-2012 as an emergency; operative 11-14-2012. 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 (Register 2012, No. 46).
10. Amendment of subsection (a)(1)(A) and (a)(1)(A)(ii) filed 10-31-2013 as an emergency; operative 10-31-2013. Water Code section 1530 provides that the regulations shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2013, No. 44).
11. Amendment of subsections (a)(1)(A) and (a)(1)(A)(ii) filed 10-30-2014 as an emergency; operative 10/30/2014. 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 (Register 2014, No. 44).
12. Amendment of subsections (a)(1)(A) and (a)(1)(A)(ii) filed 10-28-2015 as an emergency; operative 10-28-2015. Water Code section 1530 provides that the regulatory amendments shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2015, No. 44).
13. Amendment of subsections (a)(1)(A) and (a)(1)(A)(ii) filed 11-3-2016 as an emergency; operative 11-3-2016. 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 (Register 2016, No. 45).
14. Amendment of subsections (a)(1)(A) and (a)(1)(A)(ii), new subsections (a)(1)(A)(iv) and (a)(5) and amendment of Note filed 11-6-2017 as an emergency; operative 11-6-2017. 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 (Register 2017, No. 45).
15. Amendment of subsections (a)(1)(A) and (a)(1)(A)(ii) filed 11-1-2018 as an emergency; operative 11/1/2018 (Register 2018, No. 44). 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.
16. Amendment of subsections (a)(1)(A), (a)(1)(A)(ii)-(iii) and (a)(2) filed 10-28-2019 as an emergency; operative 10/28/2019. 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 (Register 2019, No. 44).
17. Amendment of subsection (a)(1)(A)(ii) and new subsection (d) filed 11-9-2020 as an emergency; operative 11/9/2020 (Register 2020, No. 46). Pursuant to Water Code section 1530, this emergency regulation shall remain in effect until revised by the Board.
18. Amendment of subsection (a)(1)(A)(ii) filed 11-15-2021 as an emergency; operative 11/15/2021 (Register 2021, No. 47). Pursuant to Water Code section 1530, this emergency regulation shall remain the effect until revised by the Board.
19. Amendment of subsections (a)(1), (a)(1)(A) and (a)(1)(A)(ii) and new subsection (a)(1)(A)(v) filed 11-28-2022 as an emergency; operative 11/28/2022 (Register 2022, No. 48). Pursuant to Water Code section 1530, this emergency regulation shall remain in effect until revised by the Board.
20. Amendment of subsection (a)(1)(A)(ii) filed 11-8-2023 as an emergency; operative 11/8/2023 (Register 2023, No. 45). Pursuant to Water Code section 1530 this emergency regulation shall remain in effect until revised by the board.