State Codes and Statutes

Statutes > California > Wat > 1745-1745.11

WATER CODE
SECTION 1745-1745.11



1745.  As used in this article, the following terms have the
following meanings:
   (a) "Person" includes a public agency.
   (b) "Water supplier" means a local public agency or private
company supplying or storing water, or a mutual water company.




1745.02.  A water supplier may, for a consideration to be specified
in the contract, contract with persons entitled to service within the
supplier's service area to reduce or eliminate for a specified
period of time their use of water supplied by the water supplier.




1745.03.  Services performed under a contract entered into pursuant
to this chapter or Chapter 3.6 (commencing with Section 380) of
Division 1 which is offered generally to all persons entitled to
water service from the water supplier are public services generally
provided by the public agency for purposes of paragraph (3) of
subdivision (a) of Section 1091.5 of the Government Code.



1745.04.  A water supplier may contract with a state drought water
bank or with any other state or local water supplier or user inside
or outside the service area of the water supplier to transfer, or
store as part of a transfer, water if the water supplier has
allocated to the water users within its service area the water
available for the water year, and no other user will receive less
than the amount provided by that allocation or be otherwise
unreasonably adversely affected without that user's consent.



1745.05.  (a) Water stored by the water supplier and water made
available from either of the following sources may be transferred by
the water supplier pursuant to Section 1745.04:
   (1) Conservation or alternate water supply measures taken by
individual water users or by the water supplier.
   (2) Water developed pursuant to a contract by a water user to
reduce water use below the user's allocation or to eliminate the use
of water during the water year, including a contract to grow crops
without the use of water from the water supplier, to fallow land, or
to undertake other action to reduce or eliminate water use.
   (b) The amount of water made available by land fallowing may not
exceed 20 percent of the water that would have been applied or stored
by the water supplier in the absence of any contract entered into
pursuant to this article in any given hydrological year, unless the
agency approves, following reasonable notice and a public hearing, a
larger percentage.



1745.06.  A water supplier may transfer water pursuant to Section
1745.04 whether or not the water proposed to be transferred is
surplus to the needs within the service area of the water supplier.



1745.07.  No transfer of water pursuant to this article or any other
provision of law shall cause a forfeiture, diminution, or impairment
of any water rights. A transfer that is approved pursuant to this
article or any other provision of law is deemed to be a beneficial
use by the transferor under this code.


1745.08.  This article is in addition to, and not a limitation on,
the authority of any public agency under any other provision of law,
including, but not limited to, Article 1 (commencing with Section
1725).


1745.09.  Nothing in this article does any of the following:
   (a) Creates in any person a right to require any water supplier to
enter into a contract providing for the reduction or elimination of
water use or for the transfer of water.
   (b) Creates in any person reducing water use any interest in the
water rights of the water supplier.
   (c) Limits or otherwise affects the jurisdiction of any regulatory
public agency over water transfers.
   (d) Makes any change in existing water rights.



1745.10.  A water user that transfers surface water pursuant to this
article may not replace that water with groundwater unless the
groundwater use is either of the following:
   (a) Consistent with a groundwater management plan adopted pursuant
to state law for the affected area.
   (b) Approved by the water supplier from whose service area the
water is to be transferred and that water supplier, if a groundwater
management plan has not been adopted, determines that the transfer
will not create, or contribute to, conditions of long-term overdraft
in the affected groundwater basin.



1745.11.  Nothing in this article prohibits the transfer of
previously recharged groundwater from an overdrafted groundwater
basin or the replacement of transferred surface water with
groundwater previously recharged into an overdrafted groundwater
basin, if the recharge was part of a groundwater banking operation
carried out by direct recharge, by delivery of surface water in lieu
of groundwater pumping, or by other means, for storage and
extraction.

State Codes and Statutes

Statutes > California > Wat > 1745-1745.11

WATER CODE
SECTION 1745-1745.11



1745.  As used in this article, the following terms have the
following meanings:
   (a) "Person" includes a public agency.
   (b) "Water supplier" means a local public agency or private
company supplying or storing water, or a mutual water company.




1745.02.  A water supplier may, for a consideration to be specified
in the contract, contract with persons entitled to service within the
supplier's service area to reduce or eliminate for a specified
period of time their use of water supplied by the water supplier.




1745.03.  Services performed under a contract entered into pursuant
to this chapter or Chapter 3.6 (commencing with Section 380) of
Division 1 which is offered generally to all persons entitled to
water service from the water supplier are public services generally
provided by the public agency for purposes of paragraph (3) of
subdivision (a) of Section 1091.5 of the Government Code.



1745.04.  A water supplier may contract with a state drought water
bank or with any other state or local water supplier or user inside
or outside the service area of the water supplier to transfer, or
store as part of a transfer, water if the water supplier has
allocated to the water users within its service area the water
available for the water year, and no other user will receive less
than the amount provided by that allocation or be otherwise
unreasonably adversely affected without that user's consent.



1745.05.  (a) Water stored by the water supplier and water made
available from either of the following sources may be transferred by
the water supplier pursuant to Section 1745.04:
   (1) Conservation or alternate water supply measures taken by
individual water users or by the water supplier.
   (2) Water developed pursuant to a contract by a water user to
reduce water use below the user's allocation or to eliminate the use
of water during the water year, including a contract to grow crops
without the use of water from the water supplier, to fallow land, or
to undertake other action to reduce or eliminate water use.
   (b) The amount of water made available by land fallowing may not
exceed 20 percent of the water that would have been applied or stored
by the water supplier in the absence of any contract entered into
pursuant to this article in any given hydrological year, unless the
agency approves, following reasonable notice and a public hearing, a
larger percentage.



1745.06.  A water supplier may transfer water pursuant to Section
1745.04 whether or not the water proposed to be transferred is
surplus to the needs within the service area of the water supplier.



1745.07.  No transfer of water pursuant to this article or any other
provision of law shall cause a forfeiture, diminution, or impairment
of any water rights. A transfer that is approved pursuant to this
article or any other provision of law is deemed to be a beneficial
use by the transferor under this code.


1745.08.  This article is in addition to, and not a limitation on,
the authority of any public agency under any other provision of law,
including, but not limited to, Article 1 (commencing with Section
1725).


1745.09.  Nothing in this article does any of the following:
   (a) Creates in any person a right to require any water supplier to
enter into a contract providing for the reduction or elimination of
water use or for the transfer of water.
   (b) Creates in any person reducing water use any interest in the
water rights of the water supplier.
   (c) Limits or otherwise affects the jurisdiction of any regulatory
public agency over water transfers.
   (d) Makes any change in existing water rights.



1745.10.  A water user that transfers surface water pursuant to this
article may not replace that water with groundwater unless the
groundwater use is either of the following:
   (a) Consistent with a groundwater management plan adopted pursuant
to state law for the affected area.
   (b) Approved by the water supplier from whose service area the
water is to be transferred and that water supplier, if a groundwater
management plan has not been adopted, determines that the transfer
will not create, or contribute to, conditions of long-term overdraft
in the affected groundwater basin.



1745.11.  Nothing in this article prohibits the transfer of
previously recharged groundwater from an overdrafted groundwater
basin or the replacement of transferred surface water with
groundwater previously recharged into an overdrafted groundwater
basin, if the recharge was part of a groundwater banking operation
carried out by direct recharge, by delivery of surface water in lieu
of groundwater pumping, or by other means, for storage and
extraction.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Wat > 1745-1745.11

WATER CODE
SECTION 1745-1745.11



1745.  As used in this article, the following terms have the
following meanings:
   (a) "Person" includes a public agency.
   (b) "Water supplier" means a local public agency or private
company supplying or storing water, or a mutual water company.




1745.02.  A water supplier may, for a consideration to be specified
in the contract, contract with persons entitled to service within the
supplier's service area to reduce or eliminate for a specified
period of time their use of water supplied by the water supplier.




1745.03.  Services performed under a contract entered into pursuant
to this chapter or Chapter 3.6 (commencing with Section 380) of
Division 1 which is offered generally to all persons entitled to
water service from the water supplier are public services generally
provided by the public agency for purposes of paragraph (3) of
subdivision (a) of Section 1091.5 of the Government Code.



1745.04.  A water supplier may contract with a state drought water
bank or with any other state or local water supplier or user inside
or outside the service area of the water supplier to transfer, or
store as part of a transfer, water if the water supplier has
allocated to the water users within its service area the water
available for the water year, and no other user will receive less
than the amount provided by that allocation or be otherwise
unreasonably adversely affected without that user's consent.



1745.05.  (a) Water stored by the water supplier and water made
available from either of the following sources may be transferred by
the water supplier pursuant to Section 1745.04:
   (1) Conservation or alternate water supply measures taken by
individual water users or by the water supplier.
   (2) Water developed pursuant to a contract by a water user to
reduce water use below the user's allocation or to eliminate the use
of water during the water year, including a contract to grow crops
without the use of water from the water supplier, to fallow land, or
to undertake other action to reduce or eliminate water use.
   (b) The amount of water made available by land fallowing may not
exceed 20 percent of the water that would have been applied or stored
by the water supplier in the absence of any contract entered into
pursuant to this article in any given hydrological year, unless the
agency approves, following reasonable notice and a public hearing, a
larger percentage.



1745.06.  A water supplier may transfer water pursuant to Section
1745.04 whether or not the water proposed to be transferred is
surplus to the needs within the service area of the water supplier.



1745.07.  No transfer of water pursuant to this article or any other
provision of law shall cause a forfeiture, diminution, or impairment
of any water rights. A transfer that is approved pursuant to this
article or any other provision of law is deemed to be a beneficial
use by the transferor under this code.


1745.08.  This article is in addition to, and not a limitation on,
the authority of any public agency under any other provision of law,
including, but not limited to, Article 1 (commencing with Section
1725).


1745.09.  Nothing in this article does any of the following:
   (a) Creates in any person a right to require any water supplier to
enter into a contract providing for the reduction or elimination of
water use or for the transfer of water.
   (b) Creates in any person reducing water use any interest in the
water rights of the water supplier.
   (c) Limits or otherwise affects the jurisdiction of any regulatory
public agency over water transfers.
   (d) Makes any change in existing water rights.



1745.10.  A water user that transfers surface water pursuant to this
article may not replace that water with groundwater unless the
groundwater use is either of the following:
   (a) Consistent with a groundwater management plan adopted pursuant
to state law for the affected area.
   (b) Approved by the water supplier from whose service area the
water is to be transferred and that water supplier, if a groundwater
management plan has not been adopted, determines that the transfer
will not create, or contribute to, conditions of long-term overdraft
in the affected groundwater basin.



1745.11.  Nothing in this article prohibits the transfer of
previously recharged groundwater from an overdrafted groundwater
basin or the replacement of transferred surface water with
groundwater previously recharged into an overdrafted groundwater
basin, if the recharge was part of a groundwater banking operation
carried out by direct recharge, by delivery of surface water in lieu
of groundwater pumping, or by other means, for storage and
extraction.