§ 1435. — 1435. (Amended by Stats. 2019, Ch. 678, Sec. 11.)

California § 1435.

• Jurisdiction: California
• Code WAT: Water Code - WAT
• Div. 2.: DIVISION 2. WATER
• Part 2.: PART 2. APPROPRIATION OF WATER
• Ch. 6.6.: CHAPTER 6.6. Temporary Changes
• Art. 1.: ARTICLE 1. Temporary Urgency Changes

Text

(a)
Any permittee or licensee who has an urgent need to change a point of diversion, place of use, or purpose of use from that specified in the permit or license may petition for, and the board may issue, a conditional, temporary change order without complying with other procedures or provisions of this division, but subject to all requirements of this article.
(b)
Prior to issuing a change order pursuant to this article, the board shall make all of the following findings:
(1)
The permittee or licensee has an urgent need to make the proposed change.
(2)
The proposed change may be made without injury to any other lawful user of water.
(3)
The proposed change may be made without unreasonable effect upon fish, wildlife, or other instream beneficial uses.
(4)
The proposed change is in the public interest, including findings to support change order conditions imposed to ensure that the change is in the public interest, and may be made without injury to any other lawful user of the water, and without unreasonable effect upon fish, wildlife, and other instream beneficial uses.
(c)
“Urgent need,” for the purposes of this article, means the existence of circumstances from which the board may in its judgment conclude that the proposed temporary change is necessary to
further the constitutional policy that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that waste of water be prevented; except that the board shall not find a petitioner’s need to be urgent if the board in its judgment concludes, if applicable, that the petitioner has not exercised due diligence either (1) in petitioning for a change pursuant to provisions of this division other than this article, or (2) in pursuing that petition for change.
(d)
The board may delegate to any officer or employee of the board all or any of its functions under this article, as provided in Section 7.

Legislative History

Amended by Stats. 2019, Ch. 678, Sec. 11. (AB 658) Effective January 1, 2020.