Added by Stats. 2019, Ch. 678, Sec. 8. (AB 658) Effective January 1, 2020.
Article 2 - Temporary Permits for Diversion to Underground Storage
California Water Code — §§ 1433-1433.6
Sections (7)
Added by Stats. 2019, Ch. 678, Sec. 8. (AB 658) Effective January 1, 2020.
basin.
(ii) Unregulated flow in the source waterbody will be sufficient below the proposed point of diversion to meet instream flow requirements and water quality objectives.
(B) To prevent injury to existing legal users of water, storage and extraction from storage in the basin under the proposed permit will be subject to accounting methods and reporting requirements established
by any of the following:
(ii) An interim plan.
(iii) An alternative approved pursuant to Section 10733.6.
(iv) The board, in applying conditions to the permit.
does not include a condition proposed by the Department of Fish and Wildlife under paragraph (2) of subdivision (c) of Section 1433.2, the board shall include in the findings an explanation of why the condition is not included.
delegate to any officer or employee of the board all or any of its functions under this article, as provided in Section 7.
Added by Stats. 2019, Ch. 678, Sec. 8. (AB 658) Effective January 1, 2020.
the public interest, the board may adopt reduced fees under Chapter 8 (commencing with Section 1525) for applications, petitions, and permits under this article.
may be affected by the project. This paragraph is not a limitation on the authority of the board under any other law.
considering all known legal users who divert water hydrologically connected to the proposed point of diversion, effects on beneficial uses, including instream beneficial uses, and the ability to meet water quality objectives.
under the permit that is either of the following:
implementing the approved alternative.
Added by Stats. 2019, Ch. 678, Sec. 8. (AB 658) Effective January 1, 2020.
for the basin where the water is proposed to be stored. The applicant shall
provide proof of notice to the board.
Added by Stats. 2019, Ch. 678, Sec. 8. (AB 658) Effective January 1, 2020.
The board shall supervise diversion and use of water under a permit issued under this article for the protection of all lawful users of water, for protection of beneficial uses, including instream beneficial uses, the ability to meet water quality objectives, and for compliance with permit conditions. The permit may require a person who extracts water stored under the permit to comply with regulatory and permitting requirements for
groundwater extraction set by the groundwater sustainability plan or alternative approved pursuant to Section 10733.6 for the basin.
Added by Stats. 2019, Ch. 678, Sec. 8. (AB 658) Effective January 1, 2020.
A permit issued under this article shall not result in the creation of a vested right, even of a temporary nature. The permit is subject, at all times, to modification or revocation at the discretion of the board, after the permittee has adequate notice and an adequate opportunity to be heard concerning any proposed modification or revocation. The authorization to divert and use water under the permit shall automatically expire five years after the authorization takes effect, unless an earlier date is specified or the temporary permit is revoked, and shall be junior in priority to any subsequent appropriation not subject to this chapter. The five-year period does not include any time required for monitoring, reporting, or mitigation before or after
the authorization to divert or use water under the permit. The five-year period is a limitation on the authorization to divert and not a limitation on the authorization for beneficial use of the water diverted to underground storage.
Added by Stats. 2019, Ch. 678, Sec. 8. (AB 658) Effective January 1, 2020.
The board may renew a permit issued under this article if the board, in its judgment, concludes that the applicant has exercised due diligence in applying for a permit pursuant to provisions of this division, other than this chapter, and in pursuing that application once it is filed. The board shall process a request for a renewal of a permit issued under this article pursuant to this article. The board may request the permittee to file maps, drawings, or other data furnished with the original application for the permit. Each renewal of a permit issued under this article shall be valid for a period not to exceed five years from the date of renewal.