Title WAT, California Water Code

Nothing in this chapter shall be construed to alter or impair any existing rights, including rights to divert water from the Colorado River and rights to the distribution or use of that water. (Added by Stats. 1985, Ch. 938, Sec. 1.)

As used in this chapter “works” includes dams, tunnels, diversion works, ditches, and other works or constructions. (Enacted by Stats. 1943, Ch. 368.)

As used in this chapter “power” includes electricity, electrical power, and other power. (Enacted by Stats. 1943, Ch. 368.)

The board shall determine the pro rata and other costs provided for in this chapter. (Amended by Stats. 1957, Ch. 1932.)

Any water supplier or user of water in the state that has an existing right which permits the supplier or user to sell water may enter into a contract under this chapter to finance the conservation or recycling of water and to sell the conserved or recycled water to another water…

Notwithstanding any other provision of law, where any person or public agency undertakes any water conservation effort, either separately or jointly, pursuant to any contract with any other water user, which results in a reduced use of water by that person or agency, no forfeitur…

Water conservation and reclamation projects eligible for assistance under this chapter include, but are not limited to, the following: (a) Projects for municipal and industrial advanced waste water treatment to permit the reuse of the water for additional purposes. (b) Projects f…

Any contract entered into pursuant to this chapter for the transfer or sale of conserved or recycled water may provide for the recall of water and may include terms for that recall. Any recall provisions shall include a notice period of not less than five years unless otherwise a…

Water conservation or reclamation projects developed pursuant to this chapter may be funded pursuant to any bond law heretofore or hereafter approved by the voters if the project is otherwise eligible for funding under the bond law. (Added by Stats. 1985, Ch. 938, Sec. 1.)

This article shall not be applicable to the State Water Resources Development System. (Added by Stats. 1985, Ch. 938, Sec. 1.)

If at any time it appears to the board, after a hearing of the persons interested and an investigation, that the full capacity of the works built or constructed, or being built or constructed, under an appropriation of water made pursuant to the Water Commission Act or this code …

The board shall take into consideration the reasonable cost of the original and new work, the good faith of the applicant, the market for water or power to be supplied by the original and the new work, and the income or use that may be required to provide fair and reasonable retu…

The applicant shall be required to pay to the person owning the works a pro rata portion of the total cost of the old and the new works. (Enacted by Stats. 1943, Ch. 368.)

If the water is used or to be used for irrigation or domestic purposes, the pro rata portion of the cost shall be based upon the proportion of the water used by the original and the subsequent users of the works. (Enacted by Stats. 1943, Ch. 368.)

If the water is used or to be used for the generation of power, the pro rata portion of the cost shall be based upon the relative amount of power capable of being developed by the original and the new works. (Enacted by Stats. 1943, Ch. 368.)

If a portion of the water is used or to be used for irrigation and another portion is used or to be used for the generation of power, the applicant shall pay to the person owning the works a pro rata portion of the total cost of the old and new works based upon the proportion of …

If any of the water is used or to be used for purposes other than those specified in this article, the applicant shall pay to the person owning the works such a pro rata portion of the total cost of the old and new works as appears to the board to be just and equitable. (Amended …

The applicant shall also pay a proper pro rata share, based as above provided in this article, of the cost of maintaining the works, on and after beginning the occupancy and use thereof. (Enacted by Stats. 1943, Ch. 368.)

The department may use Central Valley Project revenue bonds or other funds available for the purposes of the State Water Resources Development System to finance, in whole or in part, water conservation programs and facilities that reduce demands by the sponsoring contractor for p…

As used in this article, “sponsoring contractor” means a contractor or contractors, who have a long-term water supply contract with the department and who agree to reduce demands for project water from the State Water Resources Development System in accordance with Section 11970.…

A local water conservation project described in Section 11970 is eligible for funding pursuant to this article if, in the determination of the department, the project meets all of the following criteria: (a) The project is engineeringly feasible and is capable of producing projec…

The department shall determine whether a local water conservation project described in Section 11970 is economically competitive by comparing, in an engineering and economic analysis, the local conservation project with alternative new water supply sources constituting either res…

A local water conservation project described in Section 11970 shall not be constructed or implemented pursuant to this article until both of the following occurs: (a) The sponsoring contractor signs a written agreement with the department which indicates all of the following: (1)…

In the event of a shortage in water supply, within the meaning of Article 18(a) of the standard water supply contract between the department and the state water supply contractors, the determination of whether to count, in whole or in part, the reduced demand from future conserva…

This article is the only portion of this chapter applicable to the State Water Resources Development System. (Added by Stats. 1985, Ch. 938, Sec. 1.)

If it appears to the board that the full capacity of the works built or constructed, or being built or constructed, under an appropriation of water under the Water Commission Act or this code, will not develop the full capacity of the stream at that point, and that the public goo…

The repairing, improving, adding to, supplementing, or enlarging of works under this article, shall not materially interfere with the proper use thereof by the owner of the works nor materially injure the works. (Enacted by Stats. 1943, Ch. 368.)

The department shall establish criteria for determining the eligibility of water conservation projects for assistance under this chapter and shall establish criteria for determination of the economic, financial, and engineering feasibility of proposed water conservation projects.…

The State Water Resources Control Board shall establish criteria for determining both of the following: (a) The eligibility of water reclamation projects for assistance under this chapter. (b) The economic, financial, and engineering feasibility of proposed reclamation projects. …

The department shall establish criteria for determining whether a water conservation or reclamation project results in a net increase in the amount of water made available for use and does not interfere with an established right to use of water by any other person or entity. (Add…

The department and the State Water Resources Control Board shall only approve for funding by the state under this chapter those projects which result in a net increase in the amount of water available for use and which do not interfere with an established right to use of water by…

The department is authorized to adopt those rules and regulations as may be necessary to carry out, and as are consistent with, this chapter. (Added by Stats. 1985, Ch. 938, Sec. 1.)

In providing financial assistance pursuant to this chapter, the department shall impose terms and conditions that are designed to protect the state’s investment and that are necessary to carry out the purposes of this chapter. The department shall keep full and complete records a…

Notwithstanding any other provision of law, neither the state, nor any regional or local public agency may deny a bona fide transferor of water the use of a water conveyance facility which has unused capacity, for the period of time for which that capacity is available, if fair c…

As used in this article, the following terms shall have the following meanings: (a) “Bona fide transferor” means a person or public agency as defined in Section 20009 of the Government Code with a contract for sale of water that may be conditioned upon the acquisition of conveyan…

The state, regional, or local public agency owning the water conveyance facility shall in a timely manner determine the following: (a) The amount and availability of unused capacity. (b) The terms and conditions, including operation and maintenance requirements and scheduling, qu…

In making the determinations required by this article, the respective public agency shall act in a reasonable manner consistent with the requirements of law to facilitate the voluntary sale, lease, or exchange of water and shall support its determinations by written findings. In …

This article shall apply to only 70 percent of the unused capacity. (Added by Stats. 1986, Ch. 918, Sec. 2.)

(a) Notwithstanding Section 1810, a transferor of water shall not use a water conveyance facility that has unused capacity to transfer water from a groundwater basin underlying desert lands that is in the vicinity of a national monument, a national preserve, a national park, a st…

As used in this chapter, the following terms have the following meanings: (a) “Condition of long-term overdraft” means the condition of a groundwater basin where the average annual amount of water extracted for a long-term period, generally 10 years or more, exceeds the long-term…

(a) The board, after notice and a public hearing, may designate a high- or medium-priority basin as a probationary basin, if the board finds one or more of the following applies to the basin: (1) After June 30, 2017, none of the following have occurred: (A) A local agency has dec…

(a) If the board designates a basin as a probationary basin pursuant to paragraph (1), (2), or (4) of subdivision (a) of Section 10735.2, a local agency or groundwater sustainability agency shall have 180 days to remedy the deficiency. The board may appoint a mediator or other fa…

(a) If the board designates a basin as a probationary basin pursuant to paragraph (3) or (5) of subdivision (a) of Section 10735.2, the board shall identify the specific deficiencies and identify potential actions to address the deficiencies. The board may request the department …

(a) The board, after notice and a public hearing, may adopt an interim plan for a probationary basin. (b) The interim plan shall include all of the following: (1) Identification of the actions that are necessary to correct a condition of long-term overdraft or a condition where g…

(a) The board shall adopt or amend a determination or interim plan under Section 10735.2 or 10735.8 in accordance with procedures for quasi-legislative action. (b) The board shall provide notice of a hearing described in subdivision (a) of Section 10735.2 or subdivision (a) of Se…

(a) Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to either of the following: (1) An action by the board pursuant to Section 10735.2. (2) The adoption or amendment of an interim plan pursuant to this chapter. (b) This section shall not be…