Section 1051 - Information Orders(a) The Deputy Director, or delegee, may issue an order to any water right holder or water user to provide information related to the diversion, extraction, or use of water in the Clear Lake watershed relevant to the Board's Clear Lake hitch protection efforts, including groundwater well location and depth, beneficial uses of diverted or extracted water, place of use of diverted or extracted water, volume and timing of diversions or extractions, the basis of right with supporting documents or other evidence, parcel information, or any other information relevant to forecasting use, impacts to surface flows, assessing compliance, or contingency planning for future impacts of drought. If this information is necessary for understanding stream flow in the watershed, Orders may request that recipients report diversions or extractions made in prior months and require recipients to record and report diversions or extractions during subsequent months; Orders may require recipients to report information on a repeated or ongoing basis. The Deputy Director will prioritize information orders for water users whose proximity to surface streams gives them the highest potential to impact surface flows.(b) Any water right holder or water user receiving an order under subdivision (a) of this section must provide the requested information within the deadlines specified in the order, which may not be less than 5 days following receipt of the order, including any recurring deadlines associated with ongoing reporting requirements as applicable. The Deputy Director or delegee may grant additional time for submission of information upon substantial compliance with the specified deadline and a showing of good cause. Information provided pursuant to subdivision (a) of this section must be submitted through an online reporting platform maintained by the State Water Board and accessible through its website, or through an alternative compliance mechanism as specified by the Deputy Director or delegee.(1) The Deputy Director or delegee may approve alternative compliance reporting mechanisms, such as reporting information through a third party authorized by the Deputy Director or delegee or participating in an existing data collection program, that the Deputy Director or delegee determines will provide a greater quality of information, improve reporting compliance, enhance data collection, or support local collaborative solutions.(c) Failure to provide the information required under subdivision (a) of this section within the deadlines specified in the order or any time extension granted by the Deputy Director or delegee is a violation subject to civil liability of up to the maximum allowed by statute per day for each day the violation continues pursuant to Water Code section 1846.(d) In determining whether to impose reporting requirements under subdivision (a) of this section, the Deputy Director will consider the need for the information and the burden of producing it and will make reasonable efforts to avoid requiring duplicative reporting of information that is already in the State Water Board's possession.(e) All orders issued under subdivision (a) of this section will be subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the California Water Code.(f) Compliance with this article, including any conditions of certification or approval of a petition under this article, will constitute a condition of all water right permits, licenses, certificates and registrations for diversions from any watershed identified in this article.(g) Authorities delegated to the Deputy Director under this article may be redelegated.Cal. Code Regs. Tit. 23, § 1051
Note: Authority cited: Sections 186, 1058 and 1058.5, Water Code. Reference: Cal. Const., Art. X, § 2; Sections 7, 100, 100.5, 104, 105, 106.3, 109, 187, 275, 1011, 1011.5, 1051, 1058, 1058.5, 1253, 1825, 1846 and 5106, Water Code; National Audubon Society v. Superior Court (1983) 33 Cal.3d 419; and Environmental Law Foundation v. State Water Resources Control Board (2018) 26 Cal.App.5th 844.
1. New section filed 1-22-2024 as an emergency; operative 1/22/2024 (Register 2024, No. 4). The finding of emergency was exempt from OAL review pursuant to Water Code section 1058.5(b). Pursuant to Water Code section 1058.5(c), a Certificate of Compliance must be transmitted to OAL by 1-21-2025 or emergency language will be repealed by operation of law on the following day.