Title WAT, California Water Code

All emergency work shall be subject to the subsequent approval of the board, and the board may require its removal or alteration if not approved. (Added by Stats. 1943, Ch. 369.)

No levee, embankment or other structure within any by-pass or overflow channel adopted by the board shall be raised, widened, strengthened or altered without permission of the board. (Added by Stats. 1943, Ch. 369.)

The doing of any act or construction of any work mentioned in this article, or permitting the work to remain after such construction, without the permission of the board and in violation of any of the provisions of this article, is a public nuisance, and the board may commence an…

Any person who does any act contrary to or in violation of any of the provisions of this article is guilty of a misdemeanor. (Added by Stats. 1943, Ch. 369.)

Any plans or specifications adopted or approved by the board for any work to be done pursuant to this part may be changed or altered, with the consent of the board, at any time before commencement or during progress of the work. (Added by Stats. 1943, Ch. 369.)

The board may at any time change or alter the plans or specifications for work undertaken upon its own initiative. (Added by Stats. 1943, Ch. 369.)

The board may refuse to approve any such plan if in the judgment of the board the plan will or may 1. Be injurious to or damage any works necessary to any plan of flood control adopted by the board or the Legislature, or 2. Interfere with the successful execution, functioning or …

As soon as practicable after the hearing of objections or the expiration of the time for filing objections if no objections are filed, the board shall adopt an order determining and establishing the several rights to the water of the stream system. (Amended by Stats. 1984, Ch. 16…

A notice of adoption of the order of determination and a copy of the order shall be sent by registered mail to each claimant and to each person whose rights are determined in the order. (Amended by Stats. 1984, Ch. 1654, Sec. 3.)

(a) The board may order a reconsideration of all or part of an order of determination on the board’s own motion or on petition of any party affected by the order. The petition shall be filed within 30 days after the notice required by Section 2701 is sent. The authority of the bo…

As soon as practicable after adoption of the order of determination, issuance of an order on reconsideration, or issuance of an order denying reconsideration, whichever is later, a certified copy of the order, together with the original evidence and transcript of testimony filed …

Upon the filing of the certified copy of the order of determination and the evidence and transcript, the board shall procure an order from the court setting a time for hearing. (Amended by Stats. 1957, Ch. 1932.)

The clerk of the court shall immediately furnish the board with a certified copy of the order setting the time for hearing. (Amended by Stats. 1957, Ch. 1932.)

Upon receiving the certified copy of the order setting the time for hearing, the board shall immediately mail a copy of the order by registered mail to each known party in interest at his last known place of residence. (Amended by Stats. 1957, Ch. 1932.)

The board shall cause the order to be published at least once a week for four consecutive weeks in some newspaper of general circulation published in each county in which the stream system or any part thereof is situated. (Amended by Stats. 1957, Ch. 1932.)

The board shall file with the clerk of the court proof of service by registered mail and by publication. (Amended by Stats. 1957, Ch. 1932.)

Service by registered mail and by publication shall be deemed full and sufficient notice to all parties in interest of the date and purpose of the hearing. (Enacted by Stats. 1943, Ch. 368.)

At least 10 days prior to the day set for hearing, each party in interest who is aggrieved or dissatisfied with the order of determination may file with the clerk of the court notice of exceptions to the order of determination. (Enacted by Stats. 1943, Ch. 368.)

The notice of exceptions shall state briefly the exceptions taken, the reasons therefor, and the prayer for relief. (Enacted by Stats. 1943, Ch. 368.)

A copy of each notice of exception shall be sent by registered mail at least 10 days prior to the hearing to the board and to each person who was an adverse party to any issue raised by the exception at a hearing of the board. (Amended by Stats. 1976, Ch. 545.)

The order of determination, the statements or claims of claimants, and the exceptions made to the order of determination constitute the pleadings. (Enacted by Stats. 1943, Ch. 368.)

The court may allow such additional or amended pleadings as may be necessary to a final determination of the proceeding. (Enacted by Stats. 1943, Ch. 368.)

If no exceptions are filed, then on the day set for the hearing, on motion of the board, the court shall enter a decree affirming the order of determination. (Amended by Stats. 1957, Ch. 1932.)

On the day set for hearing all parties in interest who have filed notices of exceptions shall appear in person, or by counsel, and the court shall hear the matter or set the time for hearing, and shall continue the hearing until all exceptions are disposed of. (Enacted by Stats. …

(a) No exception to the order of determination shall be considered, except in the court’s discretion for good cause shown, unless the matter of the exception was presented to the board in the form of an objection. Good cause includes, but is not limited to, the existence of newly…

All proceedings on the hearing shall be as nearly as may be in accordance with the rules governing civil actions. (Enacted by Stats. 1943, Ch. 368.)

Whenever in the judgment of the court the State is a necessary party to the action, the court shall make an order to that effect and thereupon a copy of all pleadings and proceedings on file with the court in the action shall be served upon the Attorney General who shall represen…

For further information on any subject in controversy the court may employ one or more qualified persons to investigate and report thereon under oath, subject to examination by any party in interest as to his competency to give expert testimony on the subject. (Enacted by Stats. …

The court may take additional evidence on any issue and may, if necessary, refer the case for such further evidence to be taken by the board as the court may direct, and may require a further determination by the board. (Amended by Stats. 1957, Ch. 1932.)

After the hearing, the court shall enter a decree determining the right of all persons involved in the proceeding. (Enacted by Stats. 1943, Ch. 368.)

The decree shall in every case declare as to the water right adjudged to each party, the priority, amount, season of use, purpose of use, point of diversion, and place of use of the water; and as to water used for irrigation, the decree shall also declare the specific tracts of l…

Upon the hearing the court may assess and adjudge against any party such costs as it may deem just. (Enacted by Stats. 1943, Ch. 368.)

Appeals from the decree may be taken by the board or any party in interest, in the same manner and with the same effect as in civil cases. (Amended by Stats. 1957, Ch. 1932.)

A certified copy of the decree shall be prepared by the clerk of the court, without charge, and filed for record in the office of the county recorder of each county in which any part of the stream system is situated and also in the office of the board. (Amended by Stats. 1957, Ch…

The decree is conclusive as to the rights of all existing claimants upon the stream system lawfully embraced in the determination. (Enacted by Stats. 1943, Ch. 368.)

When a decree has been entered, any claimant who has failed to appear and submit proof of his claim as provided in this chapter shall be barred and estopped from subsequently asserting any rights theretofore acquired upon the stream system embraced in the proceedings, and shall b…

Any claimant who, prior to entry of the order of determination by the board, had no actual knowledge or notice of the pendency of the proceedings may, at least 10 days prior to the date set for hearing by the court or within such further time prior to the decree as the court may …

Upon filing his exception and proof of claim, the intervenor shall make application to the court for an order prescribing the time and manner of service of the exception and proof upon other claimants and the time within which contests of the proof may be filed with the court and…

After expiration of the time fixed by the court for filing contests, the court shall proceed to hear and determine the exception and proof of intervenor and any contest thereto in accordance as near as may be with Article 9 (commencing with Section 2750). (Amended by Stats. 1983,…

The court may refer the matter for such further evidence to be taken by the board as the court may direct, and may require a further determination by the board, in which event the board shall be entitled to reimbursement for expenses incurred by it in the manner provided in Artic…

All persons claiming rights under an incomplete appropriation, when notified as provided in this chapter, shall appear and submit their proofs of claim in accordance with this chapter, or they shall be deemed and held to be in default and to have abandoned or to have no right, ti…

In determining rights based on an incomplete appropriation initiated according to law prior to December 19, 1914, and since prosecuted with reasonable diligence in accordance with Section 1416 of the Civil Code, the board shall prescribe such reasonable time for the completion of…

The order of determination shall provide that within the time prescribed for completion of the appropriation, or such further time as the court may allow, the claimant shall submit to the court proof of completion and the amount of water actually applied to beneficial use. (Amend…

The court shall have authority to thereafter hear and determine proof offered as to the completion of any such right. (Enacted by Stats. 1943, Ch. 368.)

Time for completion may be extended from time to time by the court upon motion made prior to the expiration of the limit of time fixed therefor. (Enacted by Stats. 1943, Ch. 368.)

Notice of motion for an extension of time for completion shall be filed not more than 90 days prior to the expiration of the time limit. (Enacted by Stats. 1943, Ch. 368.)