Cal. Code Regs. tit. 23 § 858

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 858 - Noncompliance with Order Regarding Misuse Under Water Right Entitlement

If a permittee or licensee does not comply with any order issued pursuant to Section 857 within such reasonable period of time as allowed by the board, or such extension thereof as may for good cause be allowed by the board, and if such order includes a finding that waste, unreasonable use, method of use, or method of diversion has occurred in connection with exercise of a right evidenced by a permit or license issued by the board, a revocation action may be commenced by the board:

(a) If the hearing has been noticed as a permit or license revocation hearing, and if the board finds that misuse has occurred or continues to occur, the board may order the permit or license revoked or impose appropriate additional or amended terms or conditions on the entitlement to prevent recurrence of the misuse;
(b) If the hearing pursuant to Section 857 has been noticed as a preliminary cease and desist order hearing, and if the board finds that misuse has occurred or continues to occur, the board may issue a preliminary cease and desist order.

Cal. Code Regs. Tit. 23, § 858

1. Renumbering and amendment of Section 764.12 to Section 858 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 77, No. 26.

Note: Authority cited: Section 1058, Water Code. Reference: Sections 1410, 1675 and 1831, Water Code.

1. Renumbering and amendment of Section 764.12 to Section 858 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 77, No. 26.