Section 791 - Change Petitions(a) After notice of an application to appropriate water has been given pursuant to Article 3, changes in point of diversion, place of use, or purpose of use as stated in the application, permit, or license may be allowed only upon petition and provided that the petitioner establishes that the proposed change(s) will neither in effect initiate a new right nor injure any other legal user of water.(b) Upon petition under Water Code Section 1740, the board may approve changes in point of diversion, place of use or purpose of use in a water right determined by a court decree issued pursuant to Water Code Section 2500 et seq. after January 1, 1981. The petitioner shall provide the same factual basis for a temporary, long-term, or permanent change in a water right determined under Water Code Section 2500 et seq. as would be required for a temporary, long-term, or permanent change under a permit or license.(c) See Sections 686, 730 and 799 regarding the addition of generation of power as a purpose of use.(d) For purposes of Article 15 and 16, "petition" shall be deemed to include the notice or notification provided by the water right holder under Water Code Sections 1726 and 1727.(e) The procedures set forth in Articles 15, 16, 16.5 and 17 shall be followed as nearly as possible when filing and processing petitions for changes in permits or licenses other than changes in point of diversion, place of use, and purpose of use.(f) A petition will not be accepted for initial review or filing unless it is accompanied by the filing fee required by chapter 5 (commencing with section 1061) of this division. If after the initial review of a petition described in this section the board does not accept the petition for filing, the board shall refund the petition filing fee, minus the $250 non-refundable initial review fee.(g) The board may cancel a petition for failure to pay any annual fee for the petition when due.Cal. Code Regs. Tit. 23, § 791
1. Renumbering and amendment of former section 791 to section 851, and renumbering and amendment of Section 738 to Section 791 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60, No. 5.
2. Amendment of section and NOTE filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
3. Amendment of subsection (c), new subsection (f) and amendment of NOTE filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
4. Amendment of subsection (f) and new subsection (g) filed 10-14-2004 as an emergency; operative 10-14-2004 (Register 2004, No. 42). Pursuant to Water Code section 1530, this rulemaking action remains in effect until revised by the State Water Resources Control Board.
5. Editorial correction amending subsection (a) (Register 2005, No. 17). Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1525, 1701, 1702, 1725, 1726, 1727, 1735 and 1740, Water Code.
1. Renumbering and amendment of former section 791 to section 851, and renumbering and amendment of Section 738 to Section 791 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60, No. 5.
2. Amendment of section and Note filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
3. Amendment of subsection (c), new subsection (f) and amendment of Note filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
4. Amendment of subsection (f) and new subsection (g) filed 10-14-2004 as an emergency; operative 10-14-2004 (Register 2004, No. 42). Pursuant to Water Code section 1530, this rulemaking action remains in effect until revised by the State Water Resources Control Board.
5. Editorial correction amending subsection (a) (Register 2005, No. 17).