1000. As used in this division, "water" includes the term "use of
water."
1001. Nothing in this division shall be construed as giving or
confirming any right, title, or interest to or in the corpus of any
water.
1002. This division shall not be held to bestow upon any person,
except as expressly provided in it, any right where no such right
existed prior to the time this division takes effect.
1003. As used in this division, "Water Commission Act" means
Chapter 586, Statutes of 1913, as amended.
1004. As used in this division, "useful or beneficial purposes"
shall not be construed to mean the use in any one year of more than 2
1/2 acre-feet of water per acre in the irrigation of uncultivated
areas of land not devoted to cultivated crops.
1005. Nothing in this division shall be construed as depriving any
city, city and county, municipal water district, irrigation district,
or lighting district of the benefit of any law heretofore or
hereafter passed for their benefit in regard to the appropriation or
acquisition of water. Any right to the water of any stream which
flows along a boundary of the State and which is the subject of an
interstate compact to which the State is a party, to the extent such
right relates to quantities of water which the United States has,
under the authority of an act of Congress, contracted to deliver to
any municipal corporation, political subdivision, or public district
in the State, from storage constructed by the United States on any
such stream, shall not be subject to any requirement or limitation
provided by law relating to the time within which the construction of
works for the use of such water shall be commenced, carried on, or
completed, or within which such water shall be put to use, or
relating to the continuity of use of such water; and water contracted
to be delivered from such stream, shall be reserved to the
contractor therefor without diminution by reason of the contractor's
failure to apply such water to use during any period, and shall not
be subject to appropriation by any other than such contractor.
1005.1. Cessation of or reduction in the extraction of ground water
by the owner of a right to extract, as the result of the use of an
alternate supply of water from a nontributary source, shall be and is
deemed equivalent to, and for purposes of establishing and
maintaining any right to extract the ground water shall be construed
to constitute, a reasonable beneficial use of the ground water to the
extent and in the amount that water from the alternate source is
applied to reasonable beneficial use, not exceeding, however, the
amount of such reduction. Any such user of water from an alternate
nontributary source who seeks the benefit of this section, shall file
with the board, on or before December 31st of each calendar year, a
statement of the amount of water from such source so applied to
reasonable beneficial use pursuant to the provisions of this section
during the next preceding water year (November 1st to October 31st),
and such user cannot claim the benefit of this section for any water
year for which such statement is not so filed.
"Ground water," for the purpose of this section and of Sections
1005.2 and 1005.4, means water beneath the surface of the ground,
whether or not flowing through known and definite channels.
The term "nontributary source," as used in this section, shall be
deemed to include water imported from another watershed, or water
conserved and saved in the watershed by a water conservation plan or
works without which such water of the same watershed would have
wasted, or would not have reached the underground source of supply of
the owner relying upon this section.
1005.2. Cessation of or reduction in the extraction of ground
water, to permit the replenishment of such ground water by the use of
water from an alternate nontributary source, is hereby declared to
be a reasonable beneficial use of the ground water to the extent and
in the amount that water from such alternate source is applied to
beneficial use, not exceeding, however, the amount of such reduction.
No lapse, reduction or loss of any right in ground water, shall
occur under such conditions. Any such user of water from an alternate
source who seeks the benefit of this Section 1005.2 with respect to
the use of such water occurring prior to the effective date of this
section, shall file with the board, within ninety (90) days from said
effective date, a statement of the amounts of reduction in the
extraction of ground water as the result of water from said alternate
source having been so applied to reasonable beneficial use prior to
said effective date to permit the replenishment of such ground water
and said amounts shall be segregated and shown for each water year
(November 1st to October 31st) during which such use occurred prior
to the effective date of this section. Any such user of water from an
alternate source who seeks the benefit of this Section 1005.2 with
respect to the use of such water occurring subsequent to the
effective date of this section, shall file with the board, on or
before December 31st of each calendar year, a statement of the amount
of reduction in the extraction of ground water as the result of
water from said alternate source having been so applied to reasonable
beneficial use during the next preceding water year (November 1st to
October 31st) to permit the replenishment of such ground water. Such
user cannot claim the benefit of this section for any water year for
which such statement is not so filed.
The provisions of this section apply only as to the cessation of,
or reduction in, the extraction of ground water within that area in
this state defined by the exterior boundaries of the Counties of San
Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Diego,
Imperial, Riverside, and San Bernardino.
The term "nontributary source" as used in this section shall be
deemed to include water imported from another watershed or water
conserved and saved in the watershed by a water conservation plan or
works without which such water of the same watershed would have
wasted, or would not have reached the underground source of supply of
the owner relying upon this section.
1005.3. During the pendency of an action to adjudicate
substantially all water rights in a ground water basin situated in
whole or in part within the Tehachapi-Cummings County Water District
in Kern County, and until the date of judgment therein becomes final,
which finality may be subject to any reserved jurisdiction of the
court, the failure by any owner of water rights in and to such ground
water basin to pump or extract therefrom the full quantity of water
representing such water rights which he may be determined to have had
as of the date of commencement of the action, shall not result in a
loss of any portion of such water rights. The provisions of this
section shall apply to any such failure to pump or extract in any
water year, calendar year, or other year ending after the effective
date of this section, whether or not said action was commenced prior
to that effective date.
This special provision is necessary because there are special and
peculiar circumstances applicable to the ground water basins lying
wholly or partially within the Tehachapi-Cummings County Water
District. There are three such ground water basins, commonly referred
to as the Tehachapi Basin, the Brite Basin and the Cummings Basin.
The alluvial fill in each of said basins is very shallow when
contrasted to most other ground water basins in this state. It is
necessary to induce those pumpers who can possibly do so to reduce
their pumping from the basins if sufficient ground water reserves are
to be maintained for preservation of the existing economy until
supplemental water is available from the State Water Facilities.
Actions to adjudicate substantially all water rights have been filed
as to each of those basins.
1005.4. (a) Cessation of or reduction in the extraction of ground
water, to permit the replenishment of such ground water by the use of
water from an alternate nontributary source, is hereby declared to
be a reasonable beneficial use of the ground water to the extent and
in the amount that water from such alternate source is applied to
beneficial use, not exceeding, however, the amount of such reduction.
No lapse, reduction or loss of any right in ground water, shall
occur under such conditions.
(b) Any such user of water from an alternative source may file
with the board, on or before December 31st of each calendar year, a
statement of the amount of reduction in the extraction of groundwater
as a result of water from the alternative source having been so
applied to reasonable beneficial use during the next preceding water
year (October 1st to September 30th) to permit replenishment of such
groundwater. However, failure to file such a statement shall in no
way affect the right of a user to claim the benefit of this section.
(c) The provisions of this section apply only as to the cessation
of, or reduction in, the extraction of ground water within that area
in this state defined by the exterior boundaries of every county,
except the Counties of San Luis Obispo, Santa Barbara, Ventura, Los
Angeles, Orange, San Diego, Imperial, Riverside, and San Bernardino.
(d) The term "nontributary source," as used in this section, shall
be deemed to include water imported from another watershed or water
conserved and saved in the watershed by a water conservation plan or
works without which such water of the same watershed would have
wasted, or would not have reached the underground source of supply of
the owner relying upon this section.
1006. Nothing in this division affects or limits in any manner
whatsoever the right or power of any municipality which, prior to
December 19, 1914, had appropriated or acquired water for municipal
purposes, to use, sell, or otherwise dispose of such water either
within or without its limits for domestic, irrigation, or other
purposes in accordance with laws in effect on that date.
1007. Nothing in this division shall be construed to deprive the
State or any city, city and county, municipal water district,
irrigation district, lighting district, political subdivision, or any
person of any rights to acquire property by eminent domain
proceedings.
1008. Nothing in this division shall be construed as depriving any
person of the right of appeal conferred under the laws of this State.
1009. Any supplier of water in this state for municipal use,
including the state, or any city, county, city and county, district,
individual, partnership, corporation, or any other entity, may
undertake a water conservation program to reduce water use and may
require, as a condition of new service, that reasonable water-saving
devices and water reclamation devices be installed to reduce water
use.
1009.5. (a) A water district and the district attorney of any
county in which the water district is located may enter into an
agreement authorizing the attorney for the water district to act as a
special prosecutor appointed by and under the supervision and
direction of the district attorney for the purpose of prosecuting a
violation of an ordinance of the district or a violation of a statute
that is a misdemeanor or an infraction, or a violation of a
resolution or ordinance adopted pursuant to Section 375, subject to
all of the following limitations:
(1) The ordinance, resolution, or statute relates to water
pollution, including waste water and stormwater, or to water
conservation.
(2) The district attorney shall prescribe the scope of, and any
limitations on, the subpoena power of the attorney for the water
district.
(3) The district attorney may designate any ordinance, resolution,
or statute that the attorney for the water district is authorized to
prosecute.
(b) A water district, for purposes of this section, means a water
district as defined in Section 20200.
1010. (a) (1) The cessation of, or reduction in, the use of water
under any existing right regardless of the basis of right, as the
result of the use of recycled water, desalinated water, or water
polluted by waste to a degree which unreasonably affects the water
for other beneficial uses, is deemed equivalent to, and for purposes
of maintaining any right shall be construed to constitute, a
reasonable beneficial use of water to the extent and in the amount
that the recycled, desalinated, or polluted water is being used not
exceeding, however, the amount of such reduction.
(2) No lapse, reduction, or loss of any existing right shall occur
under a cessation of, or reduction in, the use of water pursuant to
this subdivision, and, to the extent and in the amount that recycled,
desalinated, or polluted water is used in lieu of water appropriated
by a permittee pursuant to Chapter 6 (commencing with Section 1375)
of Part 2, the board shall not reduce the appropriation authorized in
the user's permit.
(3) The use of recycled, desalinated, or polluted water
constitutes good cause under Section 1398 to extend the period
specified in a permit for application of appropriated water to
beneficial use to the extent and in the amount that recycled,
desalinated, or polluted water is used. The extension by the board
shall be granted upon the same terms as are set forth in the user's
permit, and for a period sufficient to enable the permittee to
perfect his appropriation, while continuing to use recycled,
desalinated, or polluted water.
(4) The board, in issuing a license pursuant to Article 3
(commencing with Section 1610) of Chapter 9 of Part 2, shall not
reduce the appropriation authorized by permit, to the extent and in
the amount that reduction in a permittee's use, during the perfection
period, including any extension as provided in this section, has
resulted from the use of recycled, desalinated, or polluted water in
lieu of the permittee's authorized appropriation.
(5) The board may require any user of water who seeks the benefit
of this section to file periodic reports describing the extent and
amount of the use of recycled, desalinated, or polluted water. To the
maximum extent possible, the reports shall be made a part of other
reports required by the board relating to the use of water.
(6) For purposes of this section, the term "recycled water" has
the same meaning as in Division 7 (commencing with Section 13000).
(b) Water, or the right to the use of water, the use of which has
ceased or been reduced as the result of the use of recycled,
desalinated, or polluted water as described in subdivision (a), may
be sold, leased, exchanged, or otherwise transferred pursuant to any
provision of law relating to the transfer of water or water rights,
including, but not limited to, provisions of law governing any change
in point of diversion, place of use, and purpose of use due to the
transfer.
1011. (a) When any person entitled to the use of water under an
appropriative right fails to use all or any part of the water because
of water conservation efforts, any cessation or reduction in the use
of the appropriated water shall be deemed equivalent to a reasonable
beneficial use of water to the extent of the cessation or reduction
in use. No forfeiture of the appropriative right to the water
conserved shall occur upon the lapse of the forfeiture period
applicable to water appropriated pursuant to the Water Commission Act
or this code or the forfeiture period applicable to water
appropriated prior to December 19, 1914.
The board may require that any user of water who seeks the benefit
of this section file periodic reports describing the extent and
amount of the reduction in water use due to water conservation
efforts. To the maximum extent possible, the reports shall be made a
part of other reports required by the board relating to the use of
water. Failure to file the reports shall deprive the user of water of
the benefits of this section.
For purposes of this section, the term "water conservation" shall
mean the use of less water to accomplish the same purpose or purposes
of use allowed under the existing appropriative right. Where water
appropriated for irrigation purposes is not used as a result of
temporary land fallowing or crop rotation, the reduced usage shall be
deemed water conservation for purposes of this section. For the
purpose of this section, "land fallowing" and "crop rotation" mean
those respective land practices, involving the nonuse of water, used
in the course of normal and customary agricultural production to
maintain or promote the productivity of agricultural land.
(b) Water, or the right to the use of water, the use of which has
ceased or been reduced as the result of water conservation efforts as
described in subdivision (a), may be sold, leased, exchanged, or
otherwise transferred pursuant to any provision of law relating to
the transfer of water or water rights, including, but not limited to,
provisions of law governing any change in point of diversion, place
of use, and purpose of use due to the transfer.
(c) Notwithstanding any other provision of law, upon the
completion of the term of a water transfer agreement, or the right to
the use of that water, that is available as a result of water
conservation efforts described in subdivision (a), the right to the
use of the water shall revert to the transferor as if the water
transfer had not been undertaken.
1011.5. (a) The Legislature hereby finds and declares that the
growing water needs of the state require the use of water in an
efficient manner and that the efficient use of water requires
certainty in the definition of property rights to the use of water.
The Legislature further declares that it is the policy of this state
to encourage conjunctive use of surface water and groundwater
supplies and to make surface water available for other beneficial
uses. The Legislature recognizes that the substantial investments
that may be necessary to implement and maintain a conjunctive use
program require certainty in the continued right to the use of
alternate water supplies.
(b) When any holder of an appropriative right fails to use all or
any part of the water as a result of conjunctive use of surface water
and groundwater involving the substitution of an alternate supply
for the unused portion of the surface water, any cessation of, or
reduction in, the use of the appropriated water shall be deemed
equivalent to a reasonable and beneficial use of water to the extent
of the cessation of, or reduction in, use, and to the same extent as
the appropriated water was put to reasonable and beneficial use by
that person. No forfeiture of the appropriative right to the water
for which an alternate supply is substituted shall occur upon the
lapse of the forfeiture period applicable to water appropriated
pursuant to the Water Commission Act or this code or the forfeiture
period applicable to water appropriated prior to December 19, 1914.
The state board may require any holder of an appropriative right
who seeks the benefit of this section to file periodic reports
describing the extent and amount of the reduction in water use due to
substitution of an alternate supply. To the maximum extent possible,
the reports shall be made a part of other reports required by the
state board relating to the use of water. Failure to file the reports
shall deprive the user of water of the benefits of this section.
(c) Substitution of an alternate supply may be made only if the
extraction of the alternate supply conforms to all requirements
imposed pursuant to an adjudication of the groundwater basin, if
applicable, and meets one of the following conditions:
(1) Except as specified in paragraph (2), is from a groundwater
basin for which the operating safe yield is not exceeded prior to the
extraction of the alternate supply and does not cause the operating
safe yield of the groundwater basin from which the alternate supply
is obtained to be exceeded.
(2) Is from the Eastern San Joaquin County Basin, as described on
pages 38 and 39 of the Department of Water Resources Bulletin No.
118-80, for which the operating safe yield is exceeded prior to the
extraction of the alternative supply, if all of the following
requirements are met:
(A) The conjunctive use program is operated in accordance with a
local groundwater management program that complies with the
requirements of this section.
(B) The groundwater management program establishes requirements
for the extraction of groundwater and is approved by a joint powers
authority that meets the requirements of subparagraph (C).
(C) The joint powers authority includes one or more of the water
agencies overlying the contemplated points of groundwater extraction
and one or more of the water agencies that will share in the benefits
to be derived from the local groundwater management program.
(D) By either of the following methods, the overdraft of the
groundwater basin underlying the point of extraction has been reduced
prior to the commencement of extraction:
(i) Elimination of a volume of existing groundwater extractions in
excess of the proposed new extraction.
(ii) Recharge of the groundwater basin with a volume of water in
excess of the proposed new extraction.
(E) The operation of that conjunctive use program ensures that the
overdraft of the groundwater basin continues to be reduced.
(d) Water, or the right to the use of water, the use of which has
ceased or been reduced as the result of conjunctive use of surface
water and groundwater involving substitution of an alternate supply,
as described in subdivisions (b) and (c), may be sold, leased,
exchanged, or otherwise transferred pursuant to any provision of law
relating to the transfer of water or water rights, including, but not
limited to, provisions of law governing any change in point of
diversion, place of use, and purpose of use due to the transfer.
(e) As used in this section, "substitution of an alternate supply"
means replacement of water diverted under an appropriative right by
the substitution of an equivalent amount of groundwater.
(f) This section does not apply to the Santa Ana River watershed.
(g) This section does not apply in any area where groundwater
pumping causes, or threatens to cause, a violation of water quality
objectives or an unreasonable effect on beneficial uses established
in a water quality control plan adopted or approved by the state
board pursuant to, and to the extent authorized by, Section 13170 or
13245, which designates areas where groundwater pumping causes, or
threatens to cause, a violation of water quality objectives or an
unreasonable effect on beneficial uses.
(h) This section shall not be construed to increase or decrease
the jurisdiction of the state board over groundwater resources, or to
confer on the state board jurisdiction over groundwater basins over
which it does not have jurisdiction pursuant to other provisions of
law.
1012. Notwithstanding any other provision of law, where any person,
public agency, or agency of the United States undertakes any water
conservation effort, either separately or jointly with others
entitled to delivery of water from the Colorado River under contracts
with the United States, which results in reduced use of Colorado
River water within the Imperial Irrigation District, no forfeiture,
dimunition, or impairment of the right to use the water conserved
shall occur, except as set forth in the agreements between the
parties and the United States.
1013. (a) The Imperial Irrigation District, acting under a contract
with the United States for diversion and use of Colorado River water
or pursuant to the California Constitution or to this chapter, or
complying with an order of the Secretary of the Interior, a court, or
the board, to reduce through conservation measures, the volume of
the flow of water directly or indirectly into the Salton Sea, shall
not be held liable for any effects to the Salton Sea or its bordering
area resulting from the conservation measures.
(b) For the purposes of this section, and during the term of the
Quantification Settlement Agreement as defined in subdivision (a) of
Chapter 617 of the Statutes of 2002, "land fallowing conservation
measures" means the generation of water to be made available for
transfer or for environmental mitigation purposes by fallowing land
or removing land from agricultural production regardless of whether
the fallowing or removal from agricultural production is temporary or
long term, and regardless of whether it occurs in the course of
normal and customary agricultural production, if both of the
following apply:
(1) The measure is part of a land fallowing conservation plan that
includes mitigation provisions adopted by the Board of Directors of
the Imperial Irrigation District.
(2) Before the Imperial Irrigation District adopts a land
fallowing conservation plan, the district shall consult with the
Board of Supervisors of the County of Imperial and obtain the board's
assessment of whether the proposed land fallowing conservation plan
includes adequate measures to avoid or mitigate unreasonable economic
or environmental impacts in the County of Imperial.
(c) In order to minimize impacts on the environment, during the
term of the Quantification Settlement Agreement and for six years
thereafter, in any evaluation or assessment of the Imperial
Irrigation District's use of water, it shall be conclusively presumed
that any water conserved, or used for mitigation purposes, through
land fallowing conservation measures has been conserved in the same
volume as if conserved by efficiency improvements, such as by
reducing canal seepage, canal spills, or surface or subsurface runoff
from irrigation fields.
(d) If a party to the Quantification Settlement Agreement engages
in water efficiency conservation measures or land fallowing
conservation measures to carry out a Quantification Settlement
Agreement transfer or to mitigate the environmental impacts of a
Quantification Settlement Agreement transfer, there may be no
forfeiture, diminution, or impairment of the right of that party to
use of the water conserved.
(e) During the period that the Quantification Settlement Agreement
is in effect and the Imperial Irrigation District is meeting its
water delivery obligations under the Quantification Settlement
Agreement and its water delivery obligations under subdivision (c) of
Section 2081.7 of the Fish and Game Code, no person or local agency,
as defined in Section 21062 of the Public Resources Code, may seek
to obtain additional conserved Colorado River water from the
district, voluntarily or involuntarily, until the district has
adopted a resolution offering to make conserved Colorado River water
available.
(f) During the initial term in which the Quantification Settlement
Agreement is in effect, any water transferred by the Imperial
Irrigation District shall be subject to an ecosystem restoration fee
established by the Department of Fish and Game, in consultation with
the board, to cover the proportional impacts to the Salton Sea of the
additional water transfer. The fee shall not exceed 10 percent of
the amount of any compensation received for the transfer of the
water. The fee shall be deposited in the Salton Sea Restoration Fund.
This fee shall not apply to the following transfers:
(1) Transfers to meet water delivery obligations under the
Quantification Settlement Agreement and related agreements, as
defined in that agreement.
(2) Transfers to comply with subdivision (c) of Section 2081.7 of
the Fish and Game Code.
(3) Transfers pursuant to a Defensive Transfer Agreement as
defined in the Agreement for Acquisition of Conserved Water between
the Imperial Irrigation District and the Metropolitan Water District
of Southern California.
(g) Subdivisions (c), (d), (e), and (f) shall not become operative
unless the parties have executed the Quantification Settlement
Agreement on or before October 12, 2003.
(h) This section may not be construed to exempt the Imperial
Irrigation District from any requirement established under the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
1014. The transfer of water, or the offer of water for transfer,
shall not cause, or be the basis for, a forfeiture, abandonment, or
modification of any water right, contract right, or other right to
the use of that water. An offer of water for transfer, contract
negotiations, or a transfer agreement shall not be used as evidence
of waste or unreasonable use, or of cessation of use, of the water
made available for transfer.
1015. During the term of a temporary change, as defined in Section
1728, if an enforcement action or other proceeding is commenced that
alleges that the use of water violates Section 2 of Article X of the
California Constitution, Sections 100, 101, 1410, and 1675, or any
other legislative, administrative, or judicial limitation on the
water that is subject to that water transfer and the water involved
is, at the time of the alleged violation, subject to a water
transfer, the determination of the alleged violation shall be based
on an assessment of the transferee's use of transferred water. If a
transferee's right to use transferred water is divested, in whole or
in part, on the basis of the transferee's abandonment, forfeiture,
waste, or unreasonable use of the transferred water, the divested
portion of the right shall revert immediately to the transferor.
1016. (a) At the conclusion of the term of a water transfer
agreement, all rights in, and the use of, the water subject to the
agreement revert back to the transferor.
(b) After the conclusion of the term of a water transfer
agreement, the transferee or any beneficiary of the transfer shall
not do either of the following:
(1) Bring any claim for a continuation of the water supply made
available by the agreement.
(2) Claim any right to a continued supply of water as a result of
the transfer, based on reliance, estoppel, intervening public use,
prescription, water shortage emergency, or unforeseen or
unforeseeable increases in demand, or any other cause.
1017. The beneficial use of water pursuant to a transfer or
exchange authorized pursuant to Chapter 6.6 (commencing with Section
1435) of, Chapter 10 (commencing with Section 1700) of, Chapter 10.5
(commencing with Section 1725) of, Part 2, or any other provision of
law, shall constitute a beneficial use of water by the holder of the
permit, license, water right, or other entitlement for use that is
the basis for the transfer or exchange, and shall not affect any
determination or forfeiture applicable to water appropriated pursuant
to the Water Commission Act or this code or water appropriated prior
to December 19, 1914.
1000. As used in this division, "water" includes the term "use of
water."
1001. Nothing in this division shall be construed as giving or
confirming any right, title, or interest to or in the corpus of any
water.
1002. This division shall not be held to bestow upon any person,
except as expressly provided in it, any right where no such right
existed prior to the time this division takes effect.
1003. As used in this division, "Water Commission Act" means
Chapter 586, Statutes of 1913, as amended.
1004. As used in this division, "useful or beneficial purposes"
shall not be construed to mean the use in any one year of more than 2
1/2 acre-feet of water per acre in the irrigation of uncultivated
areas of land not devoted to cultivated crops.
1005. Nothing in this division shall be construed as depriving any
city, city and county, municipal water district, irrigation district,
or lighting district of the benefit of any law heretofore or
hereafter passed for their benefit in regard to the appropriation or
acquisition of water. Any right to the water of any stream which
flows along a boundary of the State and which is the subject of an
interstate compact to which the State is a party, to the extent such
right relates to quantities of water which the United States has,
under the authority of an act of Congress, contracted to deliver to
any municipal corporation, political subdivision, or public district
in the State, from storage constructed by the United States on any
such stream, shall not be subject to any requirement or limitation
provided by law relating to the time within which the construction of
works for the use of such water shall be commenced, carried on, or
completed, or within which such water shall be put to use, or
relating to the continuity of use of such water; and water contracted
to be delivered from such stream, shall be reserved to the
contractor therefor without diminution by reason of the contractor's
failure to apply such water to use during any period, and shall not
be subject to appropriation by any other than such contractor.
1005.1. Cessation of or reduction in the extraction of ground water
by the owner of a right to extract, as the result of the use of an
alternate supply of water from a nontributary source, shall be and is
deemed equivalent to, and for purposes of establishing and
maintaining any right to extract the ground water shall be construed
to constitute, a reasonable beneficial use of the ground water to the
extent and in the amount that water from the alternate source is
applied to reasonable beneficial use, not exceeding, however, the
amount of such reduction. Any such user of water from an alternate
nontributary source who seeks the benefit of this section, shall file
with the board, on or before December 31st of each calendar year, a
statement of the amount of water from such source so applied to
reasonable beneficial use pursuant to the provisions of this section
during the next preceding water year (November 1st to October 31st),
and such user cannot claim the benefit of this section for any water
year for which such statement is not so filed.
"Ground water," for the purpose of this section and of Sections
1005.2 and 1005.4, means water beneath the surface of the ground,
whether or not flowing through known and definite channels.
The term "nontributary source," as used in this section, shall be
deemed to include water imported from another watershed, or water
conserved and saved in the watershed by a water conservation plan or
works without which such water of the same watershed would have
wasted, or would not have reached the underground source of supply of
the owner relying upon this section.
1005.2. Cessation of or reduction in the extraction of ground
water, to permit the replenishment of such ground water by the use of
water from an alternate nontributary source, is hereby declared to
be a reasonable beneficial use of the ground water to the extent and
in the amount that water from such alternate source is applied to
beneficial use, not exceeding, however, the amount of such reduction.
No lapse, reduction or loss of any right in ground water, shall
occur under such conditions. Any such user of water from an alternate
source who seeks the benefit of this Section 1005.2 with respect to
the use of such water occurring prior to the effective date of this
section, shall file with the board, within ninety (90) days from said
effective date, a statement of the amounts of reduction in the
extraction of ground water as the result of water from said alternate
source having been so applied to reasonable beneficial use prior to
said effective date to permit the replenishment of such ground water
and said amounts shall be segregated and shown for each water year
(November 1st to October 31st) during which such use occurred prior
to the effective date of this section. Any such user of water from an
alternate source who seeks the benefit of this Section 1005.2 with
respect to the use of such water occurring subsequent to the
effective date of this section, shall file with the board, on or
before December 31st of each calendar year, a statement of the amount
of reduction in the extraction of ground water as the result of
water from said alternate source having been so applied to reasonable
beneficial use during the next preceding water year (November 1st to
October 31st) to permit the replenishment of such ground water. Such
user cannot claim the benefit of this section for any water year for
which such statement is not so filed.
The provisions of this section apply only as to the cessation of,
or reduction in, the extraction of ground water within that area in
this state defined by the exterior boundaries of the Counties of San
Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Diego,
Imperial, Riverside, and San Bernardino.
The term "nontributary source" as used in this section shall be
deemed to include water imported from another watershed or water
conserved and saved in the watershed by a water conservation plan or
works without which such water of the same watershed would have
wasted, or would not have reached the underground source of supply of
the owner relying upon this section.
1005.3. During the pendency of an action to adjudicate
substantially all water rights in a ground water basin situated in
whole or in part within the Tehachapi-Cummings County Water District
in Kern County, and until the date of judgment therein becomes final,
which finality may be subject to any reserved jurisdiction of the
court, the failure by any owner of water rights in and to such ground
water basin to pump or extract therefrom the full quantity of water
representing such water rights which he may be determined to have had
as of the date of commencement of the action, shall not result in a
loss of any portion of such water rights. The provisions of this
section shall apply to any such failure to pump or extract in any
water year, calendar year, or other year ending after the effective
date of this section, whether or not said action was commenced prior
to that effective date.
This special provision is necessary because there are special and
peculiar circumstances applicable to the ground water basins lying
wholly or partially within the Tehachapi-Cummings County Water
District. There are three such ground water basins, commonly referred
to as the Tehachapi Basin, the Brite Basin and the Cummings Basin.
The alluvial fill in each of said basins is very shallow when
contrasted to most other ground water basins in this state. It is
necessary to induce those pumpers who can possibly do so to reduce
their pumping from the basins if sufficient ground water reserves are
to be maintained for preservation of the existing economy until
supplemental water is available from the State Water Facilities.
Actions to adjudicate substantially all water rights have been filed
as to each of those basins.
1005.4. (a) Cessation of or reduction in the extraction of ground
water, to permit the replenishment of such ground water by the use of
water from an alternate nontributary source, is hereby declared to
be a reasonable beneficial use of the ground water to the extent and
in the amount that water from such alternate source is applied to
beneficial use, not exceeding, however, the amount of such reduction.
No lapse, reduction or loss of any right in ground water, shall
occur under such conditions.
(b) Any such user of water from an alternative source may file
with the board, on or before December 31st of each calendar year, a
statement of the amount of reduction in the extraction of groundwater
as a result of water from the alternative source having been so
applied to reasonable beneficial use during the next preceding water
year (October 1st to September 30th) to permit replenishment of such
groundwater. However, failure to file such a statement shall in no
way affect the right of a user to claim the benefit of this section.
(c) The provisions of this section apply only as to the cessation
of, or reduction in, the extraction of ground water within that area
in this state defined by the exterior boundaries of every county,
except the Counties of San Luis Obispo, Santa Barbara, Ventura, Los
Angeles, Orange, San Diego, Imperial, Riverside, and San Bernardino.
(d) The term "nontributary source," as used in this section, shall
be deemed to include water imported from another watershed or water
conserved and saved in the watershed by a water conservation plan or
works without which such water of the same watershed would have
wasted, or would not have reached the underground source of supply of
the owner relying upon this section.
1006. Nothing in this division affects or limits in any manner
whatsoever the right or power of any municipality which, prior to
December 19, 1914, had appropriated or acquired water for municipal
purposes, to use, sell, or otherwise dispose of such water either
within or without its limits for domestic, irrigation, or other
purposes in accordance with laws in effect on that date.
1007. Nothing in this division shall be construed to deprive the
State or any city, city and county, municipal water district,
irrigation district, lighting district, political subdivision, or any
person of any rights to acquire property by eminent domain
proceedings.
1008. Nothing in this division shall be construed as depriving any
person of the right of appeal conferred under the laws of this State.
1009. Any supplier of water in this state for municipal use,
including the state, or any city, county, city and county, district,
individual, partnership, corporation, or any other entity, may
undertake a water conservation program to reduce water use and may
require, as a condition of new service, that reasonable water-saving
devices and water reclamation devices be installed to reduce water
use.
1009.5. (a) A water district and the district attorney of any
county in which the water district is located may enter into an
agreement authorizing the attorney for the water district to act as a
special prosecutor appointed by and under the supervision and
direction of the district attorney for the purpose of prosecuting a
violation of an ordinance of the district or a violation of a statute
that is a misdemeanor or an infraction, or a violation of a
resolution or ordinance adopted pursuant to Section 375, subject to
all of the following limitations:
(1) The ordinance, resolution, or statute relates to water
pollution, including waste water and stormwater, or to water
conservation.
(2) The district attorney shall prescribe the scope of, and any
limitations on, the subpoena power of the attorney for the water
district.
(3) The district attorney may designate any ordinance, resolution,
or statute that the attorney for the water district is authorized to
prosecute.
(b) A water district, for purposes of this section, means a water
district as defined in Section 20200.
1010. (a) (1) The cessation of, or reduction in, the use of water
under any existing right regardless of the basis of right, as the
result of the use of recycled water, desalinated water, or water
polluted by waste to a degree which unreasonably affects the water
for other beneficial uses, is deemed equivalent to, and for purposes
of maintaining any right shall be construed to constitute, a
reasonable beneficial use of water to the extent and in the amount
that the recycled, desalinated, or polluted water is being used not
exceeding, however, the amount of such reduction.
(2) No lapse, reduction, or loss of any existing right shall occur
under a cessation of, or reduction in, the use of water pursuant to
this subdivision, and, to the extent and in the amount that recycled,
desalinated, or polluted water is used in lieu of water appropriated
by a permittee pursuant to Chapter 6 (commencing with Section 1375)
of Part 2, the board shall not reduce the appropriation authorized in
the user's permit.
(3) The use of recycled, desalinated, or polluted water
constitutes good cause under Section 1398 to extend the period
specified in a permit for application of appropriated water to
beneficial use to the extent and in the amount that recycled,
desalinated, or polluted water is used. The extension by the board
shall be granted upon the same terms as are set forth in the user's
permit, and for a period sufficient to enable the permittee to
perfect his appropriation, while continuing to use recycled,
desalinated, or polluted water.
(4) The board, in issuing a license pursuant to Article 3
(commencing with Section 1610) of Chapter 9 of Part 2, shall not
reduce the appropriation authorized by permit, to the extent and in
the amount that reduction in a permittee's use, during the perfection
period, including any extension as provided in this section, has
resulted from the use of recycled, desalinated, or polluted water in
lieu of the permittee's authorized appropriation.
(5) The board may require any user of water who seeks the benefit
of this section to file periodic reports describing the extent and
amount of the use of recycled, desalinated, or polluted water. To the
maximum extent possible, the reports shall be made a part of other
reports required by the board relating to the use of water.
(6) For purposes of this section, the term "recycled water" has
the same meaning as in Division 7 (commencing with Section 13000).
(b) Water, or the right to the use of water, the use of which has
ceased or been reduced as the result of the use of recycled,
desalinated, or polluted water as described in subdivision (a), may
be sold, leased, exchanged, or otherwise transferred pursuant to any
provision of law relating to the transfer of water or water rights,
including, but not limited to, provisions of law governing any change
in point of diversion, place of use, and purpose of use due to the
transfer.
1011. (a) When any person entitled to the use of water under an
appropriative right fails to use all or any part of the water because
of water conservation efforts, any cessation or reduction in the use
of the appropriated water shall be deemed equivalent to a reasonable
beneficial use of water to the extent of the cessation or reduction
in use. No forfeiture of the appropriative right to the water
conserved shall occur upon the lapse of the forfeiture period
applicable to water appropriated pursuant to the Water Commission Act
or this code or the forfeiture period applicable to water
appropriated prior to December 19, 1914.
The board may require that any user of water who seeks the benefit
of this section file periodic reports describing the extent and
amount of the reduction in water use due to water conservation
efforts. To the maximum extent possible, the reports shall be made a
part of other reports required by the board relating to the use of
water. Failure to file the reports shall deprive the user of water of
the benefits of this section.
For purposes of this section, the term "water conservation" shall
mean the use of less water to accomplish the same purpose or purposes
of use allowed under the existing appropriative right. Where water
appropriated for irrigation purposes is not used as a result of
temporary land fallowing or crop rotation, the reduced usage shall be
deemed water conservation for purposes of this section. For the
purpose of this section, "land fallowing" and "crop rotation" mean
those respective land practices, involving the nonuse of water, used
in the course of normal and customary agricultural production to
maintain or promote the productivity of agricultural land.
(b) Water, or the right to the use of water, the use of which has
ceased or been reduced as the result of water conservation efforts as
described in subdivision (a), may be sold, leased, exchanged, or
otherwise transferred pursuant to any provision of law relating to
the transfer of water or water rights, including, but not limited to,
provisions of law governing any change in point of diversion, place
of use, and purpose of use due to the transfer.
(c) Notwithstanding any other provision of law, upon the
completion of the term of a water transfer agreement, or the right to
the use of that water, that is available as a result of water
conservation efforts described in subdivision (a), the right to the
use of the water shall revert to the transferor as if the water
transfer had not been undertaken.
1011.5. (a) The Legislature hereby finds and declares that the
growing water needs of the state require the use of water in an
efficient manner and that the efficient use of water requires
certainty in the definition of property rights to the use of water.
The Legislature further declares that it is the policy of this state
to encourage conjunctive use of surface water and groundwater
supplies and to make surface water available for other beneficial
uses. The Legislature recognizes that the substantial investments
that may be necessary to implement and maintain a conjunctive use
program require certainty in the continued right to the use of
alternate water supplies.
(b) When any holder of an appropriative right fails to use all or
any part of the water as a result of conjunctive use of surface water
and groundwater involving the substitution of an alternate supply
for the unused portion of the surface water, any cessation of, or
reduction in, the use of the appropriated water shall be deemed
equivalent to a reasonable and beneficial use of water to the extent
of the cessation of, or reduction in, use, and to the same extent as
the appropriated water was put to reasonable and beneficial use by
that person. No forfeiture of the appropriative right to the water
for which an alternate supply is substituted shall occur upon the
lapse of the forfeiture period applicable to water appropriated
pursuant to the Water Commission Act or this code or the forfeiture
period applicable to water appropriated prior to December 19, 1914.
The state board may require any holder of an appropriative right
who seeks the benefit of this section to file periodic reports
describing the extent and amount of the reduction in water use due to
substitution of an alternate supply. To the maximum extent possible,
the reports shall be made a part of other reports required by the
state board relating to the use of water. Failure to file the reports
shall deprive the user of water of the benefits of this section.
(c) Substitution of an alternate supply may be made only if the
extraction of the alternate supply conforms to all requirements
imposed pursuant to an adjudication of the groundwater basin, if
applicable, and meets one of the following conditions:
(1) Except as specified in paragraph (2), is from a groundwater
basin for which the operating safe yield is not exceeded prior to the
extraction of the alternate supply and does not cause the operating
safe yield of the groundwater basin from which the alternate supply
is obtained to be exceeded.
(2) Is from the Eastern San Joaquin County Basin, as described on
pages 38 and 39 of the Department of Water Resources Bulletin No.
118-80, for which the operating safe yield is exceeded prior to the
extraction of the alternative supply, if all of the following
requirements are met:
(A) The conjunctive use program is operated in accordance with a
local groundwater management program that complies with the
requirements of this section.
(B) The groundwater management program establishes requirements
for the extraction of groundwater and is approved by a joint powers
authority that meets the requirements of subparagraph (C).
(C) The joint powers authority includes one or more of the water
agencies overlying the contemplated points of groundwater extraction
and one or more of the water agencies that will share in the benefits
to be derived from the local groundwater management program.
(D) By either of the following methods, the overdraft of the
groundwater basin underlying the point of extraction has been reduced
prior to the commencement of extraction:
(i) Elimination of a volume of existing groundwater extractions in
excess of the proposed new extraction.
(ii) Recharge of the groundwater basin with a volume of water in
excess of the proposed new extraction.
(E) The operation of that conjunctive use program ensures that the
overdraft of the groundwater basin continues to be reduced.
(d) Water, or the right to the use of water, the use of which has
ceased or been reduced as the result of conjunctive use of surface
water and groundwater involving substitution of an alternate supply,
as described in subdivisions (b) and (c), may be sold, leased,
exchanged, or otherwise transferred pursuant to any provision of law
relating to the transfer of water or water rights, including, but not
limited to, provisions of law governing any change in point of
diversion, place of use, and purpose of use due to the transfer.
(e) As used in this section, "substitution of an alternate supply"
means replacement of water diverted under an appropriative right by
the substitution of an equivalent amount of groundwater.
(f) This section does not apply to the Santa Ana River watershed.
(g) This section does not apply in any area where groundwater
pumping causes, or threatens to cause, a violation of water quality
objectives or an unreasonable effect on beneficial uses established
in a water quality control plan adopted or approved by the state
board pursuant to, and to the extent authorized by, Section 13170 or
13245, which designates areas where groundwater pumping causes, or
threatens to cause, a violation of water quality objectives or an
unreasonable effect on beneficial uses.
(h) This section shall not be construed to increase or decrease
the jurisdiction of the state board over groundwater resources, or to
confer on the state board jurisdiction over groundwater basins over
which it does not have jurisdiction pursuant to other provisions of
law.
1012. Notwithstanding any other provision of law, where any person,
public agency, or agency of the United States undertakes any water
conservation effort, either separately or jointly with others
entitled to delivery of water from the Colorado River under contracts
with the United States, which results in reduced use of Colorado
River water within the Imperial Irrigation District, no forfeiture,
dimunition, or impairment of the right to use the water conserved
shall occur, except as set forth in the agreements between the
parties and the United States.
1013. (a) The Imperial Irrigation District, acting under a contract
with the United States for diversion and use of Colorado River water
or pursuant to the California Constitution or to this chapter, or
complying with an order of the Secretary of the Interior, a court, or
the board, to reduce through conservation measures, the volume of
the flow of water directly or indirectly into the Salton Sea, shall
not be held liable for any effects to the Salton Sea or its bordering
area resulting from the conservation measures.
(b) For the purposes of this section, and during the term of the
Quantification Settlement Agreement as defined in subdivision (a) of
Chapter 617 of the Statutes of 2002, "land fallowing conservation
measures" means the generation of water to be made available for
transfer or for environmental mitigation purposes by fallowing land
or removing land from agricultural production regardless of whether
the fallowing or removal from agricultural production is temporary or
long term, and regardless of whether it occurs in the course of
normal and customary agricultural production, if both of the
following apply:
(1) The measure is part of a land fallowing conservation plan that
includes mitigation provisions adopted by the Board of Directors of
the Imperial Irrigation District.
(2) Before the Imperial Irrigation District adopts a land
fallowing conservation plan, the district shall consult with the
Board of Supervisors of the County of Imperial and obtain the board's
assessment of whether the proposed land fallowing conservation plan
includes adequate measures to avoid or mitigate unreasonable economic
or environmental impacts in the County of Imperial.
(c) In order to minimize impacts on the environment, during the
term of the Quantification Settlement Agreement and for six years
thereafter, in any evaluation or assessment of the Imperial
Irrigation District's use of water, it shall be conclusively presumed
that any water conserved, or used for mitigation purposes, through
land fallowing conservation measures has been conserved in the same
volume as if conserved by efficiency improvements, such as by
reducing canal seepage, canal spills, or surface or subsurface runoff
from irrigation fields.
(d) If a party to the Quantification Settlement Agreement engages
in water efficiency conservation measures or land fallowing
conservation measures to carry out a Quantification Settlement
Agreement transfer or to mitigate the environmental impacts of a
Quantification Settlement Agreement transfer, there may be no
forfeiture, diminution, or impairment of the right of that party to
use of the water conserved.
(e) During the period that the Quantification Settlement Agreement
is in effect and the Imperial Irrigation District is meeting its
water delivery obligations under the Quantification Settlement
Agreement and its water delivery obligations under subdivision (c) of
Section 2081.7 of the Fish and Game Code, no person or local agency,
as defined in Section 21062 of the Public Resources Code, may seek
to obtain additional conserved Colorado River water from the
district, voluntarily or involuntarily, until the district has
adopted a resolution offering to make conserved Colorado River water
available.
(f) During the initial term in which the Quantification Settlement
Agreement is in effect, any water transferred by the Imperial
Irrigation District shall be subject to an ecosystem restoration fee
established by the Department of Fish and Game, in consultation with
the board, to cover the proportional impacts to the Salton Sea of the
additional water transfer. The fee shall not exceed 10 percent of
the amount of any compensation received for the transfer of the
water. The fee shall be deposited in the Salton Sea Restoration Fund.
This fee shall not apply to the following transfers:
(1) Transfers to meet water delivery obligations under the
Quantification Settlement Agreement and related agreements, as
defined in that agreement.
(2) Transfers to comply with subdivision (c) of Section 2081.7 of
the Fish and Game Code.
(3) Transfers pursuant to a Defensive Transfer Agreement as
defined in the Agreement for Acquisition of Conserved Water between
the Imperial Irrigation District and the Metropolitan Water District
of Southern California.
(g) Subdivisions (c), (d), (e), and (f) shall not become operative
unless the parties have executed the Quantification Settlement
Agreement on or before October 12, 2003.
(h) This section may not be construed to exempt the Imperial
Irrigation District from any requirement established under the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
1014. The transfer of water, or the offer of water for transfer,
shall not cause, or be the basis for, a forfeiture, abandonment, or
modification of any water right, contract right, or other right to
the use of that water. An offer of water for transfer, contract
negotiations, or a transfer agreement shall not be used as evidence
of waste or unreasonable use, or of cessation of use, of the water
made available for transfer.
1015. During the term of a temporary change, as defined in Section
1728, if an enforcement action or other proceeding is commenced that
alleges that the use of water violates Section 2 of Article X of the
California Constitution, Sections 100, 101, 1410, and 1675, or any
other legislative, administrative, or judicial limitation on the
water that is subject to that water transfer and the water involved
is, at the time of the alleged violation, subject to a water
transfer, the determination of the alleged violation shall be based
on an assessment of the transferee's use of transferred water. If a
transferee's right to use transferred water is divested, in whole or
in part, on the basis of the transferee's abandonment, forfeiture,
waste, or unreasonable use of the transferred water, the divested
portion of the right shall revert immediately to the transferor.
1016. (a) At the conclusion of the term of a water transfer
agreement, all rights in, and the use of, the water subject to the
agreement revert back to the transferor.
(b) After the conclusion of the term of a water transfer
agreement, the transferee or any beneficiary of the transfer shall
not do either of the following:
(1) Bring any claim for a continuation of the water supply made
available by the agreement.
(2) Claim any right to a continued supply of water as a result of
the transfer, based on reliance, estoppel, intervening public use,
prescription, water shortage emergency, or unforeseen or
unforeseeable increases in demand, or any other cause.
1017. The beneficial use of water pursuant to a transfer or
exchange authorized pursuant to Chapter 6.6 (commencing with Section
1435) of, Chapter 10 (commencing with Section 1700) of, Chapter 10.5
(commencing with Section 1725) of, Part 2, or any other provision of
law, shall constitute a beneficial use of water by the holder of the
permit, license, water right, or other entitlement for use that is
the basis for the transfer or exchange, and shall not affect any
determination or forfeiture applicable to water appropriated pursuant
to the Water Commission Act or this code or water appropriated prior
to December 19, 1914.
1000. As used in this division, "water" includes the term "use of
water."
1001. Nothing in this division shall be construed as giving or
confirming any right, title, or interest to or in the corpus of any
water.
1002. This division shall not be held to bestow upon any person,
except as expressly provided in it, any right where no such right
existed prior to the time this division takes effect.
1003. As used in this division, "Water Commission Act" means
Chapter 586, Statutes of 1913, as amended.
1004. As used in this division, "useful or beneficial purposes"
shall not be construed to mean the use in any one year of more than 2
1/2 acre-feet of water per acre in the irrigation of uncultivated
areas of land not devoted to cultivated crops.
1005. Nothing in this division shall be construed as depriving any
city, city and county, municipal water district, irrigation district,
or lighting district of the benefit of any law heretofore or
hereafter passed for their benefit in regard to the appropriation or
acquisition of water. Any right to the water of any stream which
flows along a boundary of the State and which is the subject of an
interstate compact to which the State is a party, to the extent such
right relates to quantities of water which the United States has,
under the authority of an act of Congress, contracted to deliver to
any municipal corporation, political subdivision, or public district
in the State, from storage constructed by the United States on any
such stream, shall not be subject to any requirement or limitation
provided by law relating to the time within which the construction of
works for the use of such water shall be commenced, carried on, or
completed, or within which such water shall be put to use, or
relating to the continuity of use of such water; and water contracted
to be delivered from such stream, shall be reserved to the
contractor therefor without diminution by reason of the contractor's
failure to apply such water to use during any period, and shall not
be subject to appropriation by any other than such contractor.
1005.1. Cessation of or reduction in the extraction of ground water
by the owner of a right to extract, as the result of the use of an
alternate supply of water from a nontributary source, shall be and is
deemed equivalent to, and for purposes of establishing and
maintaining any right to extract the ground water shall be construed
to constitute, a reasonable beneficial use of the ground water to the
extent and in the amount that water from the alternate source is
applied to reasonable beneficial use, not exceeding, however, the
amount of such reduction. Any such user of water from an alternate
nontributary source who seeks the benefit of this section, shall file
with the board, on or before December 31st of each calendar year, a
statement of the amount of water from such source so applied to
reasonable beneficial use pursuant to the provisions of this section
during the next preceding water year (November 1st to October 31st),
and such user cannot claim the benefit of this section for any water
year for which such statement is not so filed.
"Ground water," for the purpose of this section and of Sections
1005.2 and 1005.4, means water beneath the surface of the ground,
whether or not flowing through known and definite channels.
The term "nontributary source," as used in this section, shall be
deemed to include water imported from another watershed, or water
conserved and saved in the watershed by a water conservation plan or
works without which such water of the same watershed would have
wasted, or would not have reached the underground source of supply of
the owner relying upon this section.
1005.2. Cessation of or reduction in the extraction of ground
water, to permit the replenishment of such ground water by the use of
water from an alternate nontributary source, is hereby declared to
be a reasonable beneficial use of the ground water to the extent and
in the amount that water from such alternate source is applied to
beneficial use, not exceeding, however, the amount of such reduction.
No lapse, reduction or loss of any right in ground water, shall
occur under such conditions. Any such user of water from an alternate
source who seeks the benefit of this Section 1005.2 with respect to
the use of such water occurring prior to the effective date of this
section, shall file with the board, within ninety (90) days from said
effective date, a statement of the amounts of reduction in the
extraction of ground water as the result of water from said alternate
source having been so applied to reasonable beneficial use prior to
said effective date to permit the replenishment of such ground water
and said amounts shall be segregated and shown for each water year
(November 1st to October 31st) during which such use occurred prior
to the effective date of this section. Any such user of water from an
alternate source who seeks the benefit of this Section 1005.2 with
respect to the use of such water occurring subsequent to the
effective date of this section, shall file with the board, on or
before December 31st of each calendar year, a statement of the amount
of reduction in the extraction of ground water as the result of
water from said alternate source having been so applied to reasonable
beneficial use during the next preceding water year (November 1st to
October 31st) to permit the replenishment of such ground water. Such
user cannot claim the benefit of this section for any water year for
which such statement is not so filed.
The provisions of this section apply only as to the cessation of,
or reduction in, the extraction of ground water within that area in
this state defined by the exterior boundaries of the Counties of San
Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Diego,
Imperial, Riverside, and San Bernardino.
The term "nontributary source" as used in this section shall be
deemed to include water imported from another watershed or water
conserved and saved in the watershed by a water conservation plan or
works without which such water of the same watershed would have
wasted, or would not have reached the underground source of supply of
the owner relying upon this section.
1005.3. During the pendency of an action to adjudicate
substantially all water rights in a ground water basin situated in
whole or in part within the Tehachapi-Cummings County Water District
in Kern County, and until the date of judgment therein becomes final,
which finality may be subject to any reserved jurisdiction of the
court, the failure by any owner of water rights in and to such ground
water basin to pump or extract therefrom the full quantity of water
representing such water rights which he may be determined to have had
as of the date of commencement of the action, shall not result in a
loss of any portion of such water rights. The provisions of this
section shall apply to any such failure to pump or extract in any
water year, calendar year, or other year ending after the effective
date of this section, whether or not said action was commenced prior
to that effective date.
This special provision is necessary because there are special and
peculiar circumstances applicable to the ground water basins lying
wholly or partially within the Tehachapi-Cummings County Water
District. There are three such ground water basins, commonly referred
to as the Tehachapi Basin, the Brite Basin and the Cummings Basin.
The alluvial fill in each of said basins is very shallow when
contrasted to most other ground water basins in this state. It is
necessary to induce those pumpers who can possibly do so to reduce
their pumping from the basins if sufficient ground water reserves are
to be maintained for preservation of the existing economy until
supplemental water is available from the State Water Facilities.
Actions to adjudicate substantially all water rights have been filed
as to each of those basins.
1005.4. (a) Cessation of or reduction in the extraction of ground
water, to permit the replenishment of such ground water by the use of
water from an alternate nontributary source, is hereby declared to
be a reasonable beneficial use of the ground water to the extent and
in the amount that water from such alternate source is applied to
beneficial use, not exceeding, however, the amount of such reduction.
No lapse, reduction or loss of any right in ground water, shall
occur under such conditions.
(b) Any such user of water from an alternative source may file
with the board, on or before December 31st of each calendar year, a
statement of the amount of reduction in the extraction of groundwater
as a result of water from the alternative source having been so
applied to reasonable beneficial use during the next preceding water
year (October 1st to September 30th) to permit replenishment of such
groundwater. However, failure to file such a statement shall in no
way affect the right of a user to claim the benefit of this section.
(c) The provisions of this section apply only as to the cessation
of, or reduction in, the extraction of ground water within that area
in this state defined by the exterior boundaries of every county,
except the Counties of San Luis Obispo, Santa Barbara, Ventura, Los
Angeles, Orange, San Diego, Imperial, Riverside, and San Bernardino.
(d) The term "nontributary source," as used in this section, shall
be deemed to include water imported from another watershed or water
conserved and saved in the watershed by a water conservation plan or
works without which such water of the same watershed would have
wasted, or would not have reached the underground source of supply of
the owner relying upon this section.
1006. Nothing in this division affects or limits in any manner
whatsoever the right or power of any municipality which, prior to
December 19, 1914, had appropriated or acquired water for municipal
purposes, to use, sell, or otherwise dispose of such water either
within or without its limits for domestic, irrigation, or other
purposes in accordance with laws in effect on that date.
1007. Nothing in this division shall be construed to deprive the
State or any city, city and county, municipal water district,
irrigation district, lighting district, political subdivision, or any
person of any rights to acquire property by eminent domain
proceedings.
1008. Nothing in this division shall be construed as depriving any
person of the right of appeal conferred under the laws of this State.
1009. Any supplier of water in this state for municipal use,
including the state, or any city, county, city and county, district,
individual, partnership, corporation, or any other entity, may
undertake a water conservation program to reduce water use and may
require, as a condition of new service, that reasonable water-saving
devices and water reclamation devices be installed to reduce water
use.
1009.5. (a) A water district and the district attorney of any
county in which the water district is located may enter into an
agreement authorizing the attorney for the water district to act as a
special prosecutor appointed by and under the supervision and
direction of the district attorney for the purpose of prosecuting a
violation of an ordinance of the district or a violation of a statute
that is a misdemeanor or an infraction, or a violation of a
resolution or ordinance adopted pursuant to Section 375, subject to
all of the following limitations:
(1) The ordinance, resolution, or statute relates to water
pollution, including waste water and stormwater, or to water
conservation.
(2) The district attorney shall prescribe the scope of, and any
limitations on, the subpoena power of the attorney for the water
district.
(3) The district attorney may designate any ordinance, resolution,
or statute that the attorney for the water district is authorized to
prosecute.
(b) A water district, for purposes of this section, means a water
district as defined in Section 20200.
1010. (a) (1) The cessation of, or reduction in, the use of water
under any existing right regardless of the basis of right, as the
result of the use of recycled water, desalinated water, or water
polluted by waste to a degree which unreasonably affects the water
for other beneficial uses, is deemed equivalent to, and for purposes
of maintaining any right shall be construed to constitute, a
reasonable beneficial use of water to the extent and in the amount
that the recycled, desalinated, or polluted water is being used not
exceeding, however, the amount of such reduction.
(2) No lapse, reduction, or loss of any existing right shall occur
under a cessation of, or reduction in, the use of water pursuant to
this subdivision, and, to the extent and in the amount that recycled,
desalinated, or polluted water is used in lieu of water appropriated
by a permittee pursuant to Chapter 6 (commencing with Section 1375)
of Part 2, the board shall not reduce the appropriation authorized in
the user's permit.
(3) The use of recycled, desalinated, or polluted water
constitutes good cause under Section 1398 to extend the period
specified in a permit for application of appropriated water to
beneficial use to the extent and in the amount that recycled,
desalinated, or polluted water is used. The extension by the board
shall be granted upon the same terms as are set forth in the user's
permit, and for a period sufficient to enable the permittee to
perfect his appropriation, while continuing to use recycled,
desalinated, or polluted water.
(4) The board, in issuing a license pursuant to Article 3
(commencing with Section 1610) of Chapter 9 of Part 2, shall not
reduce the appropriation authorized by permit, to the extent and in
the amount that reduction in a permittee's use, during the perfection
period, including any extension as provided in this section, has
resulted from the use of recycled, desalinated, or polluted water in
lieu of the permittee's authorized appropriation.
(5) The board may require any user of water who seeks the benefit
of this section to file periodic reports describing the extent and
amount of the use of recycled, desalinated, or polluted water. To the
maximum extent possible, the reports shall be made a part of other
reports required by the board relating to the use of water.
(6) For purposes of this section, the term "recycled water" has
the same meaning as in Division 7 (commencing with Section 13000).
(b) Water, or the right to the use of water, the use of which has
ceased or been reduced as the result of the use of recycled,
desalinated, or polluted water as described in subdivision (a), may
be sold, leased, exchanged, or otherwise transferred pursuant to any
provision of law relating to the transfer of water or water rights,
including, but not limited to, provisions of law governing any change
in point of diversion, place of use, and purpose of use due to the
transfer.
1011. (a) When any person entitled to the use of water under an
appropriative right fails to use all or any part of the water because
of water conservation efforts, any cessation or reduction in the use
of the appropriated water shall be deemed equivalent to a reasonable
beneficial use of water to the extent of the cessation or reduction
in use. No forfeiture of the appropriative right to the water
conserved shall occur upon the lapse of the forfeiture period
applicable to water appropriated pursuant to the Water Commission Act
or this code or the forfeiture period applicable to water
appropriated prior to December 19, 1914.
The board may require that any user of water who seeks the benefit
of this section file periodic reports describing the extent and
amount of the reduction in water use due to water conservation
efforts. To the maximum extent possible, the reports shall be made a
part of other reports required by the board relating to the use of
water. Failure to file the reports shall deprive the user of water of
the benefits of this section.
For purposes of this section, the term "water conservation" shall
mean the use of less water to accomplish the same purpose or purposes
of use allowed under the existing appropriative right. Where water
appropriated for irrigation purposes is not used as a result of
temporary land fallowing or crop rotation, the reduced usage shall be
deemed water conservation for purposes of this section. For the
purpose of this section, "land fallowing" and "crop rotation" mean
those respective land practices, involving the nonuse of water, used
in the course of normal and customary agricultural production to
maintain or promote the productivity of agricultural land.
(b) Water, or the right to the use of water, the use of which has
ceased or been reduced as the result of water conservation efforts as
described in subdivision (a), may be sold, leased, exchanged, or
otherwise transferred pursuant to any provision of law relating to
the transfer of water or water rights, including, but not limited to,
provisions of law governing any change in point of diversion, place
of use, and purpose of use due to the transfer.
(c) Notwithstanding any other provision of law, upon the
completion of the term of a water transfer agreement, or the right to
the use of that water, that is available as a result of water
conservation efforts described in subdivision (a), the right to the
use of the water shall revert to the transferor as if the water
transfer had not been undertaken.
1011.5. (a) The Legislature hereby finds and declares that the
growing water needs of the state require the use of water in an
efficient manner and that the efficient use of water requires
certainty in the definition of property rights to the use of water.
The Legislature further declares that it is the policy of this state
to encourage conjunctive use of surface water and groundwater
supplies and to make surface water available for other beneficial
uses. The Legislature recognizes that the substantial investments
that may be necessary to implement and maintain a conjunctive use
program require certainty in the continued right to the use of
alternate water supplies.
(b) When any holder of an appropriative right fails to use all or
any part of the water as a result of conjunctive use of surface water
and groundwater involving the substitution of an alternate supply
for the unused portion of the surface water, any cessation of, or
reduction in, the use of the appropriated water shall be deemed
equivalent to a reasonable and beneficial use of water to the extent
of the cessation of, or reduction in, use, and to the same extent as
the appropriated water was put to reasonable and beneficial use by
that person. No forfeiture of the appropriative right to the water
for which an alternate supply is substituted shall occur upon the
lapse of the forfeiture period applicable to water appropriated
pursuant to the Water Commission Act or this code or the forfeiture
period applicable to water appropriated prior to December 19, 1914.
The state board may require any holder of an appropriative right
who seeks the benefit of this section to file periodic reports
describing the extent and amount of the reduction in water use due to
substitution of an alternate supply. To the maximum extent possible,
the reports shall be made a part of other reports required by the
state board relating to the use of water. Failure to file the reports
shall deprive the user of water of the benefits of this section.
(c) Substitution of an alternate supply may be made only if the
extraction of the alternate supply conforms to all requirements
imposed pursuant to an adjudication of the groundwater basin, if
applicable, and meets one of the following conditions:
(1) Except as specified in paragraph (2), is from a groundwater
basin for which the operating safe yield is not exceeded prior to the
extraction of the alternate supply and does not cause the operating
safe yield of the groundwater basin from which the alternate supply
is obtained to be exceeded.
(2) Is from the Eastern San Joaquin County Basin, as described on
pages 38 and 39 of the Department of Water Resources Bulletin No.
118-80, for which the operating safe yield is exceeded prior to the
extraction of the alternative supply, if all of the following
requirements are met:
(A) The conjunctive use program is operated in accordance with a
local groundwater management program that complies with the
requirements of this section.
(B) The groundwater management program establishes requirements
for the extraction of groundwater and is approved by a joint powers
authority that meets the requirements of subparagraph (C).
(C) The joint powers authority includes one or more of the water
agencies overlying the contemplated points of groundwater extraction
and one or more of the water agencies that will share in the benefits
to be derived from the local groundwater management program.
(D) By either of the following methods, the overdraft of the
groundwater basin underlying the point of extraction has been reduced
prior to the commencement of extraction:
(i) Elimination of a volume of existing groundwater extractions in
excess of the proposed new extraction.
(ii) Recharge of the groundwater basin with a volume of water in
excess of the proposed new extraction.
(E) The operation of that conjunctive use program ensures that the
overdraft of the groundwater basin continues to be reduced.
(d) Water, or the right to the use of water, the use of which has
ceased or been reduced as the result of conjunctive use of surface
water and groundwater involving substitution of an alternate supply,
as described in subdivisions (b) and (c), may be sold, leased,
exchanged, or otherwise transferred pursuant to any provision of law
relating to the transfer of water or water rights, including, but not
limited to, provisions of law governing any change in point of
diversion, place of use, and purpose of use due to the transfer.
(e) As used in this section, "substitution of an alternate supply"
means replacement of water diverted under an appropriative right by
the substitution of an equivalent amount of groundwater.
(f) This section does not apply to the Santa Ana River watershed.
(g) This section does not apply in any area where groundwater
pumping causes, or threatens to cause, a violation of water quality
objectives or an unreasonable effect on beneficial uses established
in a water quality control plan adopted or approved by the state
board pursuant to, and to the extent authorized by, Section 13170 or
13245, which designates areas where groundwater pumping causes, or
threatens to cause, a violation of water quality objectives or an
unreasonable effect on beneficial uses.
(h) This section shall not be construed to increase or decrease
the jurisdiction of the state board over groundwater resources, or to
confer on the state board jurisdiction over groundwater basins over
which it does not have jurisdiction pursuant to other provisions of
law.
1012. Notwithstanding any other provision of law, where any person,
public agency, or agency of the United States undertakes any water
conservation effort, either separately or jointly with others
entitled to delivery of water from the Colorado River under contracts
with the United States, which results in reduced use of Colorado
River water within the Imperial Irrigation District, no forfeiture,
dimunition, or impairment of the right to use the water conserved
shall occur, except as set forth in the agreements between the
parties and the United States.
1013. (a) The Imperial Irrigation District, acting under a contract
with the United States for diversion and use of Colorado River water
or pursuant to the California Constitution or to this chapter, or
complying with an order of the Secretary of the Interior, a court, or
the board, to reduce through conservation measures, the volume of
the flow of water directly or indirectly into the Salton Sea, shall
not be held liable for any effects to the Salton Sea or its bordering
area resulting from the conservation measures.
(b) For the purposes of this section, and during the term of the
Quantification Settlement Agreement as defined in subdivision (a) of
Chapter 617 of the Statutes of 2002, "land fallowing conservation
measures" means the generation of water to be made available for
transfer or for environmental mitigation purposes by fallowing land
or removing land from agricultural production regardless of whether
the fallowing or removal from agricultural production is temporary or
long term, and regardless of whether it occurs in the course of
normal and customary agricultural production, if both of the
following apply:
(1) The measure is part of a land fallowing conservation plan that
includes mitigation provisions adopted by the Board of Directors of
the Imperial Irrigation District.
(2) Before the Imperial Irrigation District adopts a land
fallowing conservation plan, the district shall consult with the
Board of Supervisors of the County of Imperial and obtain the board's
assessment of whether the proposed land fallowing conservation plan
includes adequate measures to avoid or mitigate unreasonable economic
or environmental impacts in the County of Imperial.
(c) In order to minimize impacts on the environment, during the
term of the Quantification Settlement Agreement and for six years
thereafter, in any evaluation or assessment of the Imperial
Irrigation District's use of water, it shall be conclusively presumed
that any water conserved, or used for mitigation purposes, through
land fallowing conservation measures has been conserved in the same
volume as if conserved by efficiency improvements, such as by
reducing canal seepage, canal spills, or surface or subsurface runoff
from irrigation fields.
(d) If a party to the Quantification Settlement Agreement engages
in water efficiency conservation measures or land fallowing
conservation measures to carry out a Quantification Settlement
Agreement transfer or to mitigate the environmental impacts of a
Quantification Settlement Agreement transfer, there may be no
forfeiture, diminution, or impairment of the right of that party to
use of the water conserved.
(e) During the period that the Quantification Settlement Agreement
is in effect and the Imperial Irrigation District is meeting its
water delivery obligations under the Quantification Settlement
Agreement and its water delivery obligations under subdivision (c) of
Section 2081.7 of the Fish and Game Code, no person or local agency,
as defined in Section 21062 of the Public Resources Code, may seek
to obtain additional conserved Colorado River water from the
district, voluntarily or involuntarily, until the district has
adopted a resolution offering to make conserved Colorado River water
available.
(f) During the initial term in which the Quantification Settlement
Agreement is in effect, any water transferred by the Imperial
Irrigation District shall be subject to an ecosystem restoration fee
established by the Department of Fish and Game, in consultation with
the board, to cover the proportional impacts to the Salton Sea of the
additional water transfer. The fee shall not exceed 10 percent of
the amount of any compensation received for the transfer of the
water. The fee shall be deposited in the Salton Sea Restoration Fund.
This fee shall not apply to the following transfers:
(1) Transfers to meet water delivery obligations under the
Quantification Settlement Agreement and related agreements, as
defined in that agreement.
(2) Transfers to comply with subdivision (c) of Section 2081.7 of
the Fish and Game Code.
(3) Transfers pursuant to a Defensive Transfer Agreement as
defined in the Agreement for Acquisition of Conserved Water between
the Imperial Irrigation District and the Metropolitan Water District
of Southern California.
(g) Subdivisions (c), (d), (e), and (f) shall not become operative
unless the parties have executed the Quantification Settlement
Agreement on or before October 12, 2003.
(h) This section may not be construed to exempt the Imperial
Irrigation District from any requirement established under the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
1014. The transfer of water, or the offer of water for transfer,
shall not cause, or be the basis for, a forfeiture, abandonment, or
modification of any water right, contract right, or other right to
the use of that water. An offer of water for transfer, contract
negotiations, or a transfer agreement shall not be used as evidence
of waste or unreasonable use, or of cessation of use, of the water
made available for transfer.
1015. During the term of a temporary change, as defined in Section
1728, if an enforcement action or other proceeding is commenced that
alleges that the use of water violates Section 2 of Article X of the
California Constitution, Sections 100, 101, 1410, and 1675, or any
other legislative, administrative, or judicial limitation on the
water that is subject to that water transfer and the water involved
is, at the time of the alleged violation, subject to a water
transfer, the determination of the alleged violation shall be based
on an assessment of the transferee's use of transferred water. If a
transferee's right to use transferred water is divested, in whole or
in part, on the basis of the transferee's abandonment, forfeiture,
waste, or unreasonable use of the transferred water, the divested
portion of the right shall revert immediately to the transferor.
1016. (a) At the conclusion of the term of a water transfer
agreement, all rights in, and the use of, the water subject to the
agreement revert back to the transferor.
(b) After the conclusion of the term of a water transfer
agreement, the transferee or any beneficiary of the transfer shall
not do either of the following:
(1) Bring any claim for a continuation of the water supply made
available by the agreement.
(2) Claim any right to a continued supply of water as a result of
the transfer, based on reliance, estoppel, intervening public use,
prescription, water shortage emergency, or unforeseen or
unforeseeable increases in demand, or any other cause.
1017. The beneficial use of water pursuant to a transfer or
exchange authorized pursuant to Chapter 6.6 (commencing with Section
1435) of, Chapter 10 (commencing with Section 1700) of, Chapter 10.5
(commencing with Section 1725) of, Part 2, or any other provision of
law, shall constitute a beneficial use of water by the holder of the
permit, license, water right, or other entitlement for use that is
the basis for the transfer or exchange, and shall not affect any
determination or forfeiture applicable to water appropriated pursuant
to the Water Commission Act or this code or water appropriated prior
to December 19, 1914.
