2007 California Water Code Part 5.1. Statements Of Water Diversions And Use

CA Codes (wat:5100-5108)

5100.  As used in this part:
   (a) "Best available technologies" means technologies at the
highest technically practical level, using flow totaling devices, and
if necessary, data loggers and telemetry.
   (b) "Best professional practices" means practices attaining and
maintaining the accuracy of measurement and reporting devices and
methods.
   (c) "Diversion" means taking water by gravity or pumping from a
surface stream or subterranean stream flowing through a known and
definite channel, or other body of surface water, into a canal,
pipeline, or other conduit, and includes impoundment of water in a
reservoir.
   (d) "Person" means all persons whether natural or artificial,
including the United States of America, State of California, and all
political subdivisions, districts, municipalities, and public
agencies.
   (e) "Tidal zone" means those portions of the Sacramento-San
Joaquin Delta as described in Section 12220 that are ordinarily
subject to tidal action.



5101.  Each person who, after December 31, 1965, diverts water shall
file with the board, prior to July 1 of the succeeding year, a
statement of his diversion and use; provided, however, that no
statement need be filed if the diversion is any of the following:
   (a) From a spring which does not flow off the property on which it
is located.
   (b) Covered by an application, permit or license to appropriate
water on file with the board.
   (c) Included in a notice filed pursuant to Part 5 (commencing with
Section 4999) of this division.
   (d) Regulated by a watermaster appointed by the department.
   (e) Reported by the department in its hydrologic data bulletins.
   (f) Included in the consumptive use data for the delta lowlands
published by the department in its hydrologic data bulletins.
   (g) Included in annual reports filed with a court or the board by
a watermaster appointed by a court or pursuant to statute to
administer a final judgment determining rights to water, which
reports identify the persons who have diverted water and give the
general place of use and the quantity of water which has been
diverted from each source.
   (h) For use in compliance with the provisions of Article 2.5
(commencing with Section 1226) of Chapter 1 of Part 2 of this
division.



5102.  The statement may be filed either by the person who is
diverting water or, on his behalf, by an agency which he designates
and which maintains a record of the water diverted.  A separate
statement shall be filed for each point of diversion.




5103.  Each statement shall be prepared on a form provided by the
board. The statement shall include all of the following information:

   (a) The name and address of the person who diverted water and of
the person filing the statement.
   (b) The name of the stream or other source from which water was
diverted, and the name of the next major stream or other body of
water to which the source is tributary.
   (c) The place of diversion. If a public land survey has been made,
location of diversion works shall be described to the nearest
40-acre subdivision. If not, it shall be described by reference to
nearest local landmarks or other recorded surveys.
   (d) The capacity of the diversion works and of the storage
reservoir, if any, and the months in which water was used during the
preceding calendar year.
   (e) (1) On and after January 1, 2012, monthly records of water
diversions. The measurements of the diversion shall be made using
best available technologies and best professional practices. Nothing
in this paragraph shall be construed to require the implementation of
technologies or practices that are not locally cost effective.
   (2) Paragraph (1) does not apply to a surface water diversion with
a combined diversion capacity from a natural channel that is less
than 50 cubic feet per second or to diverters using siphons in the
tidal zone.
   (3) (A) The terms of, and eligibility for, any grant or loan
awarded or administered by the department, the board, or the
California Bay-Delta Authority on behalf of a person that is subject
to paragraph (1) shall be conditioned on compliance with that
paragraph.
   (B) Notwithstanding subparagraph (A), the board may determine that
a person is eligible for a grant or loan even though the person is
not complying with paragraph (1), if both of the following apply:
   (i) The board determines that the grant or loan will assist the
grantee or loan recipient in complying with paragraph (1).
   (ii) The person has submitted to the board a one-year schedule for
complying with paragraph (1).
   (C) It is the intent of the Legislature that the requirements of
this subdivision shall complement and not affect the scope of
authority granted to the board by provisions of law other than this
article.
   (f) For persons not subject to paragraph (1) of subdivision (e), a
description of the acreage of each crop irrigated, the average
number of people served with water, the average number of stock
watered, and the nature and extent of any other use during the
preceding calendar year, or other equivalent information that
indicates the quantity of water used as may be prescribed by the
board. Those who maintain water measuring devices and keep monthly
records of water diversions shall state the quantity of water
diverted by months during the preceding calendar year.
   (g) The purpose of use.
   (h) A general description of the area in which the water was used.
  If the water was used on an area within the 1/16 section containing
the point of diversion, a statement to that effect will suffice;
otherwise a description or sketch of the general area of use shall be
given.
   (i) The year in which the diversion was commenced as near as is
known.


5104.  (a) Supplemental statements shall be filed at three-year
intervals, prior to July 1 of the year next succeeding the end of
each three-year interval.  They shall contain the quantity of water
diverted and the rate of diversion by months in each of the preceding
three calendar years and any change in the other information
contained in the preceding statement.
   (b) If there is a change in the name or address of the person
diverting the water, a supplemental statement shall be filed with the
board that includes the change in name or address.



5105.  Upon failure of any person to file a statement required by
this part, the board may, at the expense of such person, investigate
and determine in writing the facts required by either Sections 5103
or 5104, provided the board first gives such person written notice of
its intention to investigate and determine the facts and 60 days in
which to file the statement without penalty.



5106.  (a) Neither the statements submitted under this part nor the
determination of facts by the board pursuant to Section 5105 shall
establish or constitute evidence of a right to divert or use water.
   (b) (1) The board may rely on the names and addresses included in
statements submitted under this part for the purpose of determining
the names and addresses of persons who are to receive notices with
regard to proceedings before the board.
   (2) Notwithstanding paragraph (1), any person may submit, in
writing, a request to the board to provide notification to a
different address, and the board shall provide the notification to
that address.
   (3) If the board provides notice to persons who file statements
under this part, the notice shall not be determined to be inadequate
on the basis that notice was not received by a person, other than a
party to whom the board's action is directed, who fails to file a
statement required to be filed under this part.
   (4) This subdivision does not affect the requirement in Section
2527 to provide notice to all persons who own land that appears to be
riparian to the stream system.
   (c) In any proceeding before the board to determine whether an
application for a permit to appropriate water should be approved, any
statement submitted under this part or determination by the board
pursuant to Section 5105 is evidence of the facts stated therein.



5107.  (a) The making of any willful misstatement pursuant to this
part is a misdemeanor punishable by a fine not exceeding one thousand
dollars (,000) or by imprisonment in the county jail for not to
exceed six months, or both.
   (b) Any person who makes a material misstatement pursuant to this
part may be liable civilly as provided in subdivision (c).
   (c) Civil liability may be administratively imposed by the board
pursuant to Section 1055 in an amount not to exceed five hundred
dollars (0) for each violation.  In determining the appropriate
amount, the board shall consider all relevant circumstances,
including, but not limited to, all of the following factors:
   (1) The extent of harm caused by the violation.
   (2) The nature and persistence of the violation.
   (3) The length of time over which the violation occurs.
   (4) Any corrective action undertaken by the violator.
   (d) All funds recovered pursuant to this section shall be
deposited in the Water Rights Fund established pursuant to Section
1550.



5108.  Statements filed pursuant to this part shall be for
informational purposes only, and neither the failure to file a
statement nor any error in the information filed shall have any legal
consequences whatsoever other than those specified in this part.