Cal. Code Regs. tit. 23 § 1062

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 1062 - Filing Fees for Water Right Applications

(a) A person who files a water right application shall pay to the board a filing fee as follows:

(1)

(A) Except as provided in subparagraphs (B) through (E), the fee for a water right application shall be $1,000, plus $15 for each acre-foot that the applicant seeks to divert in excess of 10 acre-feet. The total fee shall not exceed $648,914, plus any additional fee due pursuant to subparagraphs (2) and (3).

(B) At a facility where a small hydroelectric generating facility meets the criteria for a Class 28 categorical exemption under the California Environmental Quality Act, as established in California Code of Regulations, title 14, section 15328, the fee shall be $1,000.

(C) The fee for an application for a temporary permit filed under Water Code section 1425, other than a permit described in subparagraph (D) or (E) of this subdivision, shall be the greater of either (i) 50 percent of the fee calculated under subparagraph (A), above, or (ii) $2,000.

(D) The fee for an application for a temporary permit under Water Code section 1425 for a small hydroelectric generating facility that meets the criteria for a Class 28 categorical exemption under the California Environmental Quality Act, as established in California Code of Regulations, title 14, section 15328, shall be $1,000. The filing fee includes the annual permit fee if a temporary permit is issued.

(E) The fee for an application for a temporary permit filed under Water Code section 1425 that is solely for purposes of diverting water from high flow events to underground storage for later beneficial use shall be the lesser of either (i) the fee calculated pursuant to subparagraph (C), above, or (ii) $5,000 plus $0.10 for every acre-foot of water applied for. For renewal of a temporary permit issued pursuant to this subparagraph, where the renewal proposes an identical project and is filed within one year of issuance of the prior temporary permit, the fee for renewal of a temporary permit shall be $1,500 plus $0.20 per acre-foot of water actually diverted under the renewed temporary permit. The portion of the application fee based on the amount diverted shall be due within 30 days of permit expiration, and shall be accompanied by a report of the amount actually diverted.

(F) The fee for an application for an appropriative right to divert water to underground storage that meets the criteria of this subparagraph shall be 75 percent of the fee calculated pursuant to subdivision (a)(1)(A). To be eligible for this reduced fee:

(i) The application must be for diversion of water only between December 1 and March 31;

(ii) The application must be primarily for diversion to underground storage in a groundwater basin identified in Bulletin 118;

(iii) The applicant must be a Groundwater Sustainability Agency or local agency as defined in Water Code section 10721;

(iv) The applicant has completed all environmental documents required under the California Environmental Quality Act (CEQA); and

(v) The application proposes diversions only when either the streamflow at the point(s) of diversion is above the 90th percentile calculated from gage data during the period-of-record and the diversion rate is limited to 20 percent of the total streamflow, or when flows in the source waterbody at or near the point of diversion exceed thresholds that trigger flood control actions necessary to mitigate threats to human health and safety according to established written flood management protocols adopted by a flood control agency.

(G) The fee for an application for a temporary permit filed under Water Code section 1433.1 that is solely for purposes of diverting water to underground storage for later beneficial use shall be comprised of an initial filing fee equal to the lesser of either (i) five times the fee calculated pursuant to subparagraph (C), above, or (ii) $11,000 plus $0.10 for every acre-foot of water applied for, plus, in each fiscal year after the fiscal year in which the initial filing fee is due, $0.20 per acre-foot of water actually diverted. The portion of the fee based on the amount actually diverted shall be due within 30 days after the end of the diversion season, and shall be accompanied by a report of the amount actually diverted.

(H) An applicant for a temporary permit filed under Water Code section 1433.1 shall also pay, in addition to the fee required by subdivision (a)(1)(G) of this section, a fee for the California Department of Fish and Wildlife review of the application as follows:

(i) For an application to divert less than 10,000 acre-feet of water per year, $3,000 plus $0.10 per acre-foot of water applied for; or

(ii) For an application to divert 10,000 acre-feet of water per year or more, $5,000 plus $0.10 per acre-foot of water applied for.

(2) If a water right application is accompanied by a petition to revise a declaration of fully appropriated stream systems, then $10,000 shall be added to the fee.

(3) If a water right application is accompanied by a petition for assignment of a state-filed application pursuant to Water Code section 10504, then $5,000 shall be added to the fee.

(b) A person who filed a water right application on or after July 1, 2003, and prior to January 1, 2004, shall pay a supplemental filing fee equal to the difference between the filing fee already paid and the amount due pursuant to the regulation in effect on January 1, 2004.

(c) The application filing fee includes a non-refundable initial review fee equal to $500 plus 10 percent of the applicable application fee. No portion of the application fee shall be refundable once the application is either 1) accepted for filing or 2) the board communicates to the applicant that the applicant made a bona fide attempt to conform to the rules and regulations, but that the application is defective in some manner.

Cal. Code Regs. Tit. 23, § 1062

Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1425, 1426, 1525 and 1535, Water Code.

1. New section 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.
2. Amendment of subsections (a)(1) and (b) and new subsection (c) 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.
3. Redesignation and amendment of former subsection (a)(1) as new subsection (a)(1)(A) and new subsection (a)(1)(B) filed 10-21-2005 as an emergency; operative 10-21-2005. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2005, No. 42).
4. Editorial correction of History 3 (Register 2008, No. 45).
5. Amendment of subsection (a)(1)(A), new subsection (a)(1)(C) and amendment of Note filed 11-5-2008 as an emergency; operative 11-5-2008. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2008, No. 45).
6. Editorial correction of subsection (a)(1)(A) (Register 2009, No. 28).
7. Amendment of subsection (a)(1)(A) filed 10-21-2009 as an emergency; operative 10-21-2009. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2009, No. 43).
8. Amendment of subsection (a)(1)(A) filed 11-17-2010 as an emergency; operative 11-17-2010 (Register 2010, No. 47). Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board.
9. Amendment of subsection (a)(1)(A) filed 10-20-2011 as an emergency; operative 10-20-2011. Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2011, No. 42).
10. Amendment of subsection (a)(1)(A) filed 11-14-2012 as an emergency; operative 11-14-2012. Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2012, No. 46).
11. Amendment of subsection (a)(1)(A) filed 10-31-2013 as an emergency; operative 10-31-2013. Water Code section 1530 provides that the regulations shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2013, No. 44).
12. Amendment of subsection (a)(1)(A) filed 10-30-2014 as an emergency; operative 10/30/2014. Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2014, No. 44).
13. Amendment of subsection (a)(1)(A) filed 10-28-2015 as an emergency; operative 10-28-2015. Water Code section 1530 provides that the regulatory amendments shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2015, No. 44).
14. Amendment of subsections (a)(1)(A) and (a)(1)(C), new subsections (a)(1)(D)-(E) and amendment of subsection (c) and Note filed 1-15-2016 as an emergency; operative 1-15-2016. Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2016, No. 3).
15. Amendment of subsection (a)(1)(A) filed 11-3-2016 as an emergency; operative 11-3-2016. Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2016, No. 45).
16. Amendment of subsection (a)(1)(A) filed 11-6-2017 as an emergency; operative 11-6-2017. Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2017, No. 45).
17. Amendment of subsections (a)(1)(A) and (a)(1)(E) filed 11-1-2018 as an emergency; operative 11/1/2018 (Register 2018, No. 44). Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board.
18. Amendment of subsection (a)(1)(A), new subsections (a)(1)(F)-(a)(1)(F)(v) and amendment of subsection (c) filed 10-28-2019 as an emergency; operative 10/28/2019. Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2019, No. 44).
19. Amendment of subsections (a)(1)(A) and (a)(1)(E), and new subsections (a)(1)(G)-(a)(1)(H)(ii) filed 11-9-2020 as an emergency; operative 11/9/2020 (Register 2020, No. 46). Pursuant to Water Code section 1530, this emergency regulation shall remain in effect until revised by the Board.
20. Amendment of subsection (a)(1) filed 11-15-2021 as an emergency; operative 11/15/2021 (Register 2021, No. 47). Pursuant to Water Code section 1530, this emergency regulation shall remain the effect until revised by the Board.
21. Amendment of subsections (a)(1)(A), (a)(1)(G) filed 11-28-2022 as an emergency; operative 11/28/2022 (Register 2022, No. 48). Pursuant to Water Code section 1530, this emergency regulation shall remain in effect until revised by the Board.
22. Amendment of subsection (a)(1)(A) filed 11-8-2023 as an emergency; operative 11/8/2023 (Register 2023, No. 45). Pursuant to Water Code section 1530 this emergency regulation shall remain in effect until revised by the board.