Section 872 - Addition of Stream Systems to the Declaration(a) The board may order that a stream system be added to the declaration, and the order may specify conditions upon which applications will nevertheless be accepted for filing. Any such order shall contain a finding that the supply of water in the stream system is being fully applied to beneficial uses and that a previous water right decision has determined that no water remains available for appropriation.(b) For the purposes of this section, the term "water right decision" shall mean (1) any decision, order, resolution, staff analysis of a minor protested application, or similar document issued by the board based on evidence taken at an adjudicatory proceeding or investigation, including but not limited to a decision issued pursuant to subsection (c); (2) any final order, judgment, decree, decision, opinion, writ, or similar document issued by a court of this state or of the United States; or (3) any statute of this state or of the United States; provided that, in any case, the water right decision contains findings of fact or conclusions of law, or both, relevant to the question of availability of unappropriated water in the stream system at issue.(c) The annual report of the Chief, Division of Water Rights, made pursuant to Water Code Section 1228.2(c), shall identify any stream system or systems which the Chief has reasonable cause to believe may become fully appropriated within the next reporting period. Any person believing that any stream system or systems should be declared to be fully appropriated may furnish information to the Chief, Division of Water Rights, to show that reasonable cause exists to conduct further hearing on the matter. Following issuance of the annual report, the Chief may notice a hearing or hearings to determine whether water remains available for appropriation from any such identified stream system or systems. Following the hearing, the board may issue a decision determining that no water remains available for appropriation. The board may thereafter adopt an order declaring that any such stream system is fully appropriated, pursuant to Water Code Section 1205.(d) Any person may file a request for special notice of the annual report made by the Chief, Division of Water Rights, pursuant to Water Code Section 1228.2(c). The Chief shall mail a copy of the annual report to all persons filing such request.Cal. Code Regs. Tit. 23, § 872
1. New section filed 4-7-93; operative 5-7-93 (Register 93, No. 15). Note: Authority cited: Section 1058, Water Code. Reference: Sections 1205, 1206, 1207 and 1228.2, Water Code.
1. New section filed 4-7-93; operative 5-7-93 (Register 93, No. 15).