Cal. Code Regs. tit. 23 § 734

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 734 - Applications Within the California Wild and Scenic Rivers System

(a) No application which proposes an appropriation of water in connection with construction of a dam, reservoir, or other water impoundment facility on any river designated in Public Resources Code Section 5093.54 will be accepted for filing.

(b) An application which proposes an appropriation of water which could affect any river designated in Public Resources Code Section 5093.54, will be accepted for filing. The Secretary of the Resources Agency will be provided special notice of any such application.

No permit shall be issued if the board finds that the appropriation would impair the extraordinary scenic, recreational, fishery, or wildlife values of any such designated river.

(c) An application which proposes an appropriation of water in connection with construction of a water diversion facility on any river designated in Public Resources Code Section 5093.54, other than a dam, reservoir, or other water impoundment facility, will be accepted for filing; provided, no permit shall be issued on any such application unless the Secretary of the Resources Agency first determines (1) that such facility is needed to supply domestic water to the residents of the county or counties through which the river flows, and (2) that such facility will not adversely affect its free-flowing condition or natural character. Such determination shall be in addition to other findings which the board is required by law to make.

Cal. Code Regs. Tit. 23, § 734

1. New Section filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For history of former Section 734, see Registers 78, No. 9, 71 No. 43, and 60,No. 5.
2. Editorial correction of NOTE (Register 2002, No. 39).

Note: Authority cited: Section 1058, Water Code. Reference: Sections 5093.55, 5093.56 and 5093.61, Public Resources Code; and Section 1252, Water Code.