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California Code, Water Code - WAT § 1228.3

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Registration of water use pursuant to this article shall be made upon a form prescribed by the board.  The registration form shall set forth all of the following:

(1) The name and post office address of the registrant.

(2) The source of water supply.

(3) The nature and amount of the proposed use.

(4) The proposed place of diversion.

(5) The place where it is intended to use the water.

(6) The time for completion of construction of diversion works and for complete application of the water to the proposed use.

(7) A certification that the registrant has contacted a representative of the Department of Fish and Wildlife designated by that department for that purpose, has provided information to that department that is set forth in the registration form, and has agreed to comply with all lawful conditions, including, but not limited to, conditions upon the construction and operation of diversion works, required by the Department of Fish and Wildlife.  The certification shall include a copy of any conditions required by the Department of Fish and Wildlife pursuant to this paragraph.

(8) Any other information that may reasonably be required by the board.

(b) Registration of water use shall be deemed completed on the date that the form, executed in substantial compliance with the requirements of this section, and the registration fee specified in Section 1525 are received by the board.

(c) The board shall issue monthly a list of registrations filed under this article during the preceding calendar month.  This list shall contain the information required by paragraphs (1) to (6), inclusive, of subdivision (a).  The list shall set forth a date prior to which an interested person may file a written protest in opposition to the approval of a stockpond registration.  That date shall be not later than 30 days from the date on which the list is issued.  The board shall mail the monthly list of registrations filed to a person who requests the list.

(d) Prior to the date set forth on the list required under subdivision (c), an interested person may file with the board a written protest in opposition to the approval of a stockpond registration.  The protest shall clearly set forth the protestant's objections to the registered use based on interference with prior rights.  The protest shall be served on the registrant by the protestant by mailing a duplicate copy of the protest to the registrant, or through service undertaken in another manner determined to be adequate by the board.  The procedures set forth in Article 1.5 (commencing with Section 1345) of Chapter 5 shall be used for reviewing a protested registration.

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Cite this article: FindLaw.com - California Code, Water Code - WAT § 1228.3 - last updated January 01, 2025 | https://codes.findlaw.com/ca/water-code/wat-sect-1228-3/

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