23 CA ADC § 303


      23 CCR s 303

      Cal. Admin. Code tit. 23, s 303


      CALIFORNIA CODE OF REGULATIONS
      TITLE 23. WATERS
      DIVISION 2. DEPARTMENT OF WATER RESOURCES
      CHAPTER 1. DAMS AND RESERVOIRS
      ARTICLE 1. GENERAL PROVISIONS
      This database is current through 05/26/06, Register 2006, No. 21. 

      s 303. Evidence of Water Rights.

      (a) The department will not issue a written approval to commence 
      construction or enlargement of a dam or reservoir until the applicant or 
      owner demonstrates evidence of adequate water rights in accordance with 
      the requirements of this section.

      (b) The applicant or owner shall provide the department with either:

      (1) A copy of an entitlement to the use of water issued by the State Water 
      Resources Control Board pursuant to Division 2, Part 2 (commencing with 
      Section 1200) of the Water Code; or

      (2) If the right to divert or use water does not depend on an entitlement 
      identified in subsection (1) above, a statement of the legal basis of the 
      right.

      (c) The applicant or owner shall also provide the department with either:

      (1) Evidence that a statement of water diversion and use has been filed 
      with the State Water Resources Control Board pursuant to Division 3, Part 
      1, Chapter 5 (commencing with Section 5100) of the Water Code, or

      (2) A statement either establishing that a statement of water diversion 
      and use is not legally required, or showing good cause for not filing one.

      (d) The department shall obtain a written statement from the staff of the 
      State Water Resources Control Board stating whether the water right is 
      adequate for the proposed dam and reservoir.

      (e) If a right to divert or use water is based upon a claim of riparian 
      rights, or rights to appropriate water established prior to 1914, and such 
      claim is disputed by the State Water Resources Control Board, the 
      department shall not withhold approval to commence construction solely 
      upon the basis of such a dispute, provided that it is satisfied with the 
      evidence of a water right provided pursuant to subsection (b) above.

      (f) In the event that the State Water Resources Control Board has 
      initiated proceedings to determine whether to authorize use of water, and 
      no decision has been issued, written approval to commence construction or 
      enlargement shall not be withheld pursuant to this section after the 120th 
      day following either the date that the matter is submitted to the Board 
      for decision after hearing or, if no hearing is held, the date on which 
      the protest period closes.


      


      Note: Authority cited: Section 6078, Water Code. Reference: Sections 1052, 
      6075, 6202(d), 6205, and 6264, Water Code. 


       HISTORY 
         
      1. New section filed 5-28-76; effective thirtieth day thereafter (Register 
      76, 
      No. 22). For history of former section, see Register 70, No. 6.

      2. Amendment filed 8-4-83; effective thirtieth day thereafter (Register 
      83, 
      No. 32).
      23 CA ADC s 303

      END OF DOCUMENT

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