1227. The Legislature finds and declares that it is in the public
interest to provide a priority of right to appropriate water for
various beneficial water uses which were initiated by the United
States, or its agencies, on reserved lands prior to July 3, 1978, and
which uses are for secondary purposes, other than those for which
the federal reservation was created, provided that the priority of
right does not impair any existing water right.
1227.1. (a) To obtain the priority of right set forth in Section
1227, any agency of the United States shall submit to the board, on
or before July 1, 1984, a statement for each water use initiated
under claim of right by the United States on reserved lands for which
beneficial use of water was initiated on or before July 3, 1978,
concerning which water rights litigation was not a matter of record
prior to July 3, 1978, and which use is for secondary purposes other
than those for which the federal reservation was created.
(b) Each statement shall include, but not be limited to, all of
the following:
(1) The name and address of the agency of the United States which
maintains the federal water project.
(2) The name and address of the person who is responsible for the
day-to-day operations of the federal water project.
(3) The name of the stream or other source from which the water is
being appropriated and the name of the next major stream or other
body of water to which the source is tributary.
(4) The point of diversion and place of use.
(5) The purpose of the use.
(6) A general description of the area in which the water is used.
(7) The year in which the diversion was commenced or as near as is
known.
(8) Any information tending to indicate the quantity of water
used, as may be prescribed by the board.
(c) The board shall make available to any person upon request
copies of statements filed pursuant to this section for federal water
uses within a particular county. Any person may file a request for
special notice, by county.
1227.2. (a) Subject to subdivisions (b) and (c), any use for which
a statement is submitted to the board pursuant to Section 1227.1 has
a priority for the appropriation of water as of the date of initial
use of the water, except that all permits and licenses issued by the
board on applications, including those filed by the department
pursuant to Part 2 (commencing with Section 10500) of Division 6,
filed prior to July 1, 1984, have priority over any water right
claimed by the United States pursuant to this article. Any use for
which a statement is required shall be subject to Article 3
(commencing with Section 11460) of Chapter 3 of Part 3 of Division 6,
in a like manner as the Central Valley Project.
(b) The scope of any appropriative right recognized pursuant to
this article, including terms and conditions judged necessary by the
board to best develop, conserve, and utilize the appropriated water
in the public interest, shall be determined when that scope is at
issue in any of the following proceedings:
(1) A proceeding upon an application, permit, or license of
another, pursuant to this part, where the United States is a
protestant or interested party.
(2) A proceeding to determine all rights to water of a stream
system pursuant to Chapter 3 (commencing with Section 2500) of Part
3.
(3) A general adjudication of water rights commenced in the courts
of this state.
(4) A proceeding to determine whether the board should commence an
action pursuant to Section 1052, whether the United States is a
complainant or a respondent.
(5) A proceeding under Section 275 and rules of the board in
implementation thereof, whether the United States is a complainant or
a respondent.
(c) The board shall, following any determination pursuant to
subdivision (b), issue evidence of the scope of the right so
determined; provided, that in no event, either prior or subsequent to
the determination, shall the right exceed the amount of water that
may be reasonably used without waste and under reasonable methods of
use and diversion.
1227.3. This article does not apply to uses involving the
appropriation of water by any person, including any agency of the
United States, pursuant to the Federal Reclamation Law, as amended or
supplemented, or any other federal statute which authorizes projects
for the development of water for uses other than uses upon reserved
federal lands.
1227.4. The board may, after following procedures set forth in
Sections 1675 to 1675.2, inclusive, revoke any water right determined
pursuant to this article upon a finding that the water has ceased to
be used for a purpose for which the original development was
intended.
1227. The Legislature finds and declares that it is in the public
interest to provide a priority of right to appropriate water for
various beneficial water uses which were initiated by the United
States, or its agencies, on reserved lands prior to July 3, 1978, and
which uses are for secondary purposes, other than those for which
the federal reservation was created, provided that the priority of
right does not impair any existing water right.
1227.1. (a) To obtain the priority of right set forth in Section
1227, any agency of the United States shall submit to the board, on
or before July 1, 1984, a statement for each water use initiated
under claim of right by the United States on reserved lands for which
beneficial use of water was initiated on or before July 3, 1978,
concerning which water rights litigation was not a matter of record
prior to July 3, 1978, and which use is for secondary purposes other
than those for which the federal reservation was created.
(b) Each statement shall include, but not be limited to, all of
the following:
(1) The name and address of the agency of the United States which
maintains the federal water project.
(2) The name and address of the person who is responsible for the
day-to-day operations of the federal water project.
(3) The name of the stream or other source from which the water is
being appropriated and the name of the next major stream or other
body of water to which the source is tributary.
(4) The point of diversion and place of use.
(5) The purpose of the use.
(6) A general description of the area in which the water is used.
(7) The year in which the diversion was commenced or as near as is
known.
(8) Any information tending to indicate the quantity of water
used, as may be prescribed by the board.
(c) The board shall make available to any person upon request
copies of statements filed pursuant to this section for federal water
uses within a particular county. Any person may file a request for
special notice, by county.
1227.2. (a) Subject to subdivisions (b) and (c), any use for which
a statement is submitted to the board pursuant to Section 1227.1 has
a priority for the appropriation of water as of the date of initial
use of the water, except that all permits and licenses issued by the
board on applications, including those filed by the department
pursuant to Part 2 (commencing with Section 10500) of Division 6,
filed prior to July 1, 1984, have priority over any water right
claimed by the United States pursuant to this article. Any use for
which a statement is required shall be subject to Article 3
(commencing with Section 11460) of Chapter 3 of Part 3 of Division 6,
in a like manner as the Central Valley Project.
(b) The scope of any appropriative right recognized pursuant to
this article, including terms and conditions judged necessary by the
board to best develop, conserve, and utilize the appropriated water
in the public interest, shall be determined when that scope is at
issue in any of the following proceedings:
(1) A proceeding upon an application, permit, or license of
another, pursuant to this part, where the United States is a
protestant or interested party.
(2) A proceeding to determine all rights to water of a stream
system pursuant to Chapter 3 (commencing with Section 2500) of Part
3.
(3) A general adjudication of water rights commenced in the courts
of this state.
(4) A proceeding to determine whether the board should commence an
action pursuant to Section 1052, whether the United States is a
complainant or a respondent.
(5) A proceeding under Section 275 and rules of the board in
implementation thereof, whether the United States is a complainant or
a respondent.
(c) The board shall, following any determination pursuant to
subdivision (b), issue evidence of the scope of the right so
determined; provided, that in no event, either prior or subsequent to
the determination, shall the right exceed the amount of water that
may be reasonably used without waste and under reasonable methods of
use and diversion.
1227.3. This article does not apply to uses involving the
appropriation of water by any person, including any agency of the
United States, pursuant to the Federal Reclamation Law, as amended or
supplemented, or any other federal statute which authorizes projects
for the development of water for uses other than uses upon reserved
federal lands.
1227.4. The board may, after following procedures set forth in
Sections 1675 to 1675.2, inclusive, revoke any water right determined
pursuant to this article upon a finding that the water has ceased to
be used for a purpose for which the original development was
intended.
1227. The Legislature finds and declares that it is in the public
interest to provide a priority of right to appropriate water for
various beneficial water uses which were initiated by the United
States, or its agencies, on reserved lands prior to July 3, 1978, and
which uses are for secondary purposes, other than those for which
the federal reservation was created, provided that the priority of
right does not impair any existing water right.
1227.1. (a) To obtain the priority of right set forth in Section
1227, any agency of the United States shall submit to the board, on
or before July 1, 1984, a statement for each water use initiated
under claim of right by the United States on reserved lands for which
beneficial use of water was initiated on or before July 3, 1978,
concerning which water rights litigation was not a matter of record
prior to July 3, 1978, and which use is for secondary purposes other
than those for which the federal reservation was created.
(b) Each statement shall include, but not be limited to, all of
the following:
(1) The name and address of the agency of the United States which
maintains the federal water project.
(2) The name and address of the person who is responsible for the
day-to-day operations of the federal water project.
(3) The name of the stream or other source from which the water is
being appropriated and the name of the next major stream or other
body of water to which the source is tributary.
(4) The point of diversion and place of use.
(5) The purpose of the use.
(6) A general description of the area in which the water is used.
(7) The year in which the diversion was commenced or as near as is
known.
(8) Any information tending to indicate the quantity of water
used, as may be prescribed by the board.
(c) The board shall make available to any person upon request
copies of statements filed pursuant to this section for federal water
uses within a particular county. Any person may file a request for
special notice, by county.
1227.2. (a) Subject to subdivisions (b) and (c), any use for which
a statement is submitted to the board pursuant to Section 1227.1 has
a priority for the appropriation of water as of the date of initial
use of the water, except that all permits and licenses issued by the
board on applications, including those filed by the department
pursuant to Part 2 (commencing with Section 10500) of Division 6,
filed prior to July 1, 1984, have priority over any water right
claimed by the United States pursuant to this article. Any use for
which a statement is required shall be subject to Article 3
(commencing with Section 11460) of Chapter 3 of Part 3 of Division 6,
in a like manner as the Central Valley Project.
(b) The scope of any appropriative right recognized pursuant to
this article, including terms and conditions judged necessary by the
board to best develop, conserve, and utilize the appropriated water
in the public interest, shall be determined when that scope is at
issue in any of the following proceedings:
(1) A proceeding upon an application, permit, or license of
another, pursuant to this part, where the United States is a
protestant or interested party.
(2) A proceeding to determine all rights to water of a stream
system pursuant to Chapter 3 (commencing with Section 2500) of Part
3.
(3) A general adjudication of water rights commenced in the courts
of this state.
(4) A proceeding to determine whether the board should commence an
action pursuant to Section 1052, whether the United States is a
complainant or a respondent.
(5) A proceeding under Section 275 and rules of the board in
implementation thereof, whether the United States is a complainant or
a respondent.
(c) The board shall, following any determination pursuant to
subdivision (b), issue evidence of the scope of the right so
determined; provided, that in no event, either prior or subsequent to
the determination, shall the right exceed the amount of water that
may be reasonably used without waste and under reasonable methods of
use and diversion.
1227.3. This article does not apply to uses involving the
appropriation of water by any person, including any agency of the
United States, pursuant to the Federal Reclamation Law, as amended or
supplemented, or any other federal statute which authorizes projects
for the development of water for uses other than uses upon reserved
federal lands.
1227.4. The board may, after following procedures set forth in
Sections 1675 to 1675.2, inclusive, revoke any water right determined
pursuant to this article upon a finding that the water has ceased to
be used for a purpose for which the original development was
intended.
