Section 1071 - Hydroelectric Projects(a) Except as provided in subdivision (b), a fee imposed under this chapter for an activity involving the diversion or use of water for the purpose of diverting water for hydropower generation shall be calculated as follows: (1) At a facility licensed, or subject to licensing, by the Federal Energy Regulatory Commission, the fee shall be the greater of either 30 percent of the fee calculated in accordance with the other applicable provisions of this chapter or the applicable base fee specified in this chapter.(2) At all other hydropower generation facilities, the fee shall be the greater of either 50 percent of the fee calculated in accordance with the other applicable provisions of this chapter or the applicable base fee specified in this chapter.(b) Subdivision (a) does not apply to the following:(1) Any permit, license, application, petition or other filing that authorizes or proposes an irrigation use, municipal use, or other consumptive use unless that permit, license, application, petition or other filing is primarily for power use and specifically identifies the consumptive use as an incidental use.(2) Any fee or portion of a fee imposed pursuant to paragraph (1)(B), (2) or (3) of subdivision (a) of section 1062, subdivision (d) of section 1063, subdivision (d) of section 1065, or section 1069.(3) Any expense imposed under part 3 (commencing with section 2000) of division 2 of the Water Code or to any fee imposed under chapter 28 of this division.Cal. Code Regs. Tit. 23, § 1071
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 of subsection (b)(2) 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).
3. Editorial correction of HISTORY 2 (Register 2008, No. 45).
4. Amendment of subsections (a)(1)-(2) 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. Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Section 1525, 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 of subsection (b)(2) 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).
3. Editorial correction of History 2 (Register 2008, No. 45).
4. Amendment of subsections (a)(1)-(2) 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.