§ 1433.2. — 1433.2. (Added by Stats. 2019, Ch. 678, Sec. 8.)

California § 1433.2.

• Jurisdiction: California
• Code WAT: Water Code - WAT
• Div. 2.: DIVISION 2. WATER
• Part 2.: PART 2. APPROPRIATION OF WATER
• Ch. 6.5.: CHAPTER 6.5. Temporary Permits
• Art. 2.: ARTICLE 2. Temporary Permits for Diversion to Underground Storage

Text

(a)
The application for a temporary permit shall be completed in accordance with Section 1260 and shall be accompanied by any maps, drawings, and other data that may be required by the board.
(b)
(1)
An applicant shall pay an application fee and, if a permit is issued, a permit fee, both in amounts calculated in accordance with the provisions of Chapter 8 (commencing with Section 1525).
(2)
Consistent with Section 3 of Article XIII
A of the California Constitution and the board’s authority to set fees to promote the conservation and utilization of water resources in
the public interest, the board may adopt reduced fees under Chapter 8 (commencing with Section 1525) for applications, petitions, and permits under this article.
(c)
In addition to subdivisions (a) and (b), an application shall include all of the following:
(1)
Evidence that the applicant has completed any environmental review required by, or the project is exempt from, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). To the extent funding is available, the board shall review and comment on any notice of preparation or draft environmental document for a project subject to approval under this article, and include in the board’s comments identification of any instream beneficial uses of waters of the state that
may be affected by the project. This paragraph is not a limitation on the authority of the board under any other law.
(2)
A notification from the Department of Fish and Wildlife that the applicant has consulted with the Department of Fish and Wildlife at least 30 days before submission of the application. If the Department of Fish and Wildlife determines that it needs additional time for review, it may provide for a longer consultation period, not to exceed 60 days. The notification shall include a copy of any conditions proposed by the Department of Fish and Wildlife.
(3)
(A)
Except as provided in subparagraph (B), a water availability analysis that quantifies, under a range of foreseeable hydrologic conditions, the amount of unappropriated water available
considering all known legal users who divert water hydrologically connected to the proposed point of diversion, effects on beneficial uses, including instream beneficial uses, and the ability to meet water quality objectives.
(B)
A simplified water availability analysis, if the applicant proposes to divert water only when flow in the source waterbody exceeds an established or calculated flood stage, or if the applicant requests board consideration of a simplified water availability analysis prior to submittal of the application, and the deputy director finds that a simplified water availability analysis is sufficient for the board to make the findings required by subdivision (b) of Section 1433.1.
(4)
A proposed accounting method for storage and extraction of water diverted
under the permit that is either of the following:
(A)
Certified to be consistent with the groundwater sustainability plan or alternative approved pursuant to Section 10733.6 by the groundwater sustainability agency for the basin where the water is proposed to be stored or the local agency responsible for
implementing the approved alternative.
(B)
If there is no applicable groundwater sustainability plan or alternative approved pursuant to Section 10733.6, adequate to demonstrate beneficial use of water under the proposed permit and not inconsistent with the department’s standards in Section 356.2 of Title 23 of the California Code of Regulations.

Legislative History

Added by Stats. 2019, Ch. 678, Sec. 8. (AB 658) Effective January 1, 2020.