SECTIONS 1250-1259.4

1250.  The board shall consider and act upon all applications forpermits to appropriate water and shall do all things required orproper relating to such applications.1250.5.  The board shall consider and act upon all applications forpermits to appropriate water which propose, as a primary purpose ofthe application, the development of small hydroelectric energyfacilities at an existing dam, canal, or conduit, up to and including30 megawatts, or the development of any other hydroelectric facilitywith a generating capacity of five megawatts or less, within oneyear from the date a complete application and an instream beneficialuse assessment have been filed with the board, except that theassessment need not be filed if the streamflow regime will not bechanged, and except that final board action may be continued for areasonable time not to exceed one year upon the request of theapplicant or upon a finding by the board that the additional time isnecessary to determine (1) if unappropriated water is available or(2) the effect upon instream uses.1251.  The board shall make such investigations of the waterresources of the State as may be necessary for the purpose ofsecuring information needed in connection with applications forappropriations of water.1252.  Any person may apply for and secure from the board, inconformity with this part and in conformity with reasonable rules andregulations adopted from time to time by it, a permit for anyunappropriated water.1252.1.  An appropriation of water of any stream or other source ofwater under this part does not confer authority upon the appropriatorto prevent or interfere with soil conservation practices above thepoint of diversion in the watershed in which such stream or othersource originates, which practices do not themselves constitute anappropriation for which a permit is required by this part.1252.5.  All rights and privileges conferred by this part upon anyperson in relation to the appropriation of water are likewiseconferred upon the United States, the State, and any entity ororganization capable of holding an interest in real property in thisState.1253.  The board shall allow the appropriation for beneficialpurposes of unappropriated water under such terms and conditions asin its judgment will best develop, conserve, and utilize in thepublic interest the water sought to be appropriated.1254.  In acting upon applications to appropriate water the boardshall be guided by the policy that domestic use is the highest useand irrigation is the next highest use of water.1255.  The board shall reject an application when in its judgmentthe proposed appropriation would not best conserve the publicinterest.1256.  In determining public interest under Sections 1253 and 1255,the board shall give consideration to any general or co-ordinatedplan looking toward the control, protection, development,utilization, and conservation of the water resources of the State,including The California Water Plan, prepared and published by theDepartment of Water Resources or any predecessor thereof and anymodification thereto as may be adopted by the department or as may beadopted by the Legislature by concurrent resolution or by law.1257.  In acting upon application to appropriate water, the boardshall consider the relative benefit to be derived from (1) allbeneficial uses of the water concerned including, but not limited to,use for domestic, irrigation, municipal, industrial, preservationand enhancement of fish and wildlife, recreational, mining and powerpurposes, and any uses specified to be protected in any relevantwater quality control plan, and (2) the reuse or reclamation of thewater sought to be appropriated, as proposed by the applicant. Theboard may subject such appropriations to such terms and conditions asin its judgment will best develop, conserve, and utilize in thepublic interest, the water sought to be appropriated.1257.5.  The board, in acting on applications to appropriate water,shall consider streamflow requirements proposed for fish and wildlifepurposes pursuant to Sections 10001 and 10002 of the PublicResources Code. The board may establish such streamflow requirementsas it deems necessary to protect fish and wildlife as conditions inpermits and licenses in accordance with this division.1258.  In acting upon applications to appropriate water, the boardshall consider water quality control plans which have beenestablished pursuant to Division 7 (commencing with Section 13000) ofthis code, and may subject such appropriations to such terms andconditions as it finds are necessary to carry out such plans.1259.  In acting upon applications to appropriate water, the boardshall consider the state goal of providing a decent home and suitableliving environment for every Californian.1259.2.  (a) The board shall annually prepare a written summary, inchart form, of pending applications to appropriate water in theCounties of Marin, Napa, Sonoma, Mendocino, and Humboldt. The summaryshall include a description of the status of each pendingapplication, the actions taken in the preceding year, proposedactions for the upcoming year, and the proposed date for final actionwith regard to that application. (b) For the purposes of carrying out subdivision (a), the boardmay post the information described in subdivision (a) on its Website.1259.4.  (a) (1) On or before January 1, 2008, the board shall adoptprinciples and guidelines for maintaining instream flows in coastalstreams from the Mattole River to San Francisco and in coastalstreams entering northern San Pablo Bay, as part of state policy forwater quality control adopted pursuant to Article 3 (commencing withSection 13140) of Chapter 3 of Division 7, for the purposes of waterright administration. (2) The board may adopt principles and guidelines for maintaininginstream flows not described in paragraph (1), as part of statepolicy for water quality control adopted pursuant to Article 3(commencing with Section 13140) of Chapter 3 of Division 7, for thepurposes of water right administration. (b) Prior to the adoption of principles and guidelines pursuant tosubdivision (a), the board may consider the 2002 "Guidelines forMaintaining Instream Flows to Protect Fisheries Resources Downstreamof Water Diversions in Mid-California Coastal Streams" for thepurposes of water right administration.