This text of California § 1443.1. (1443.1. (Added by Stats. 2019, Ch. 678, Sec. 15.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)A groundwater sustainability agency or a local agency that is a permittee or a licensee under provisions of this division other than this article, may petition for, and the board may issue, a conditional temporary change order that authorizes the diversion of surface water to underground storage for beneficial use that advances the sustainability goal of a groundwater basin under Part 2.74 (commencing with Section 10720) of Division 6, without complying with other procedures or provisions of this division, subject to all requirements of this article.
(b)Before issuing a change order pursuant to this article, the board shall make all of the following findings based
upon a preponderance of the evidence:
(1)The proposed change is for diversion to underground storage for benefici
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(a)
A groundwater sustainability agency or a local agency that is a permittee or a licensee under provisions of this division other than this article, may petition for, and the board may issue, a conditional temporary change order that authorizes the diversion of surface water to underground storage for beneficial use that advances the sustainability goal of a groundwater basin under Part 2.74 (commencing with Section 10720) of Division 6, without complying with other procedures or provisions of this division, subject to all requirements of this article.
(b)
Before issuing a change order pursuant to this article, the board shall make all of the following findings based
upon a preponderance of the evidence:
(1)
The proposed change is for diversion to underground storage for beneficial use consistent with subdivision (a).
(2)
The proposed change does not increase the amount of water the petitioner is authorized to use, enlarge the authorized season of diversion, authorize diversion from a new source, or otherwise in effect initiate a new right.
(3)
The proposed change may be made without injury to any other lawful user of water, including the user’s ability to meet water quality objectives.
This finding may be satisfied by demonstrating both of the following:
(A)
The proposed diversion to underground storage will occur only when flow in the source waterbody exceeds the claims of all known legal users who divert water downstream of the proposed point of diversion.
(B)
Storage and extraction from storage in the basin under the proposed change will be subject to accounting methods and reporting requirements established by any of the following:
(i)
A groundwater sustainability plan.
(ii)
An interim plan.
(iii)
An alternative approved pursuant to Section 10733.6.
(iv)
The board, in applying conditions to the temporary change.
(4)
The proposed change may be made without unreasonable effect upon fish, wildlife, or other instream beneficial uses. If the permit does not include a condition proposed by the Department of Fish and Wildlife under paragraph (2) of subdivision (c) of Section 1443.2, the board shall include in the findings an explanation of why the condition is not included.
(5)
The proposed change
is in the public interest, including findings to support change order conditions imposed to ensure that the water is diverted and used in the public interest, without injury to any lawful user of water, and without unreasonable effect upon fish, wildlife, and other instream beneficial uses.
(6)
If there is an adopted groundwater sustainability plan, an interim plan, or an alternative under Section 10733.6 for the basin, the proposed diversion to underground storage is consistent with that plan or alternative.
(c)
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.