According to the State Water Resources Control Board Web
site, “California law requires each person or organization
that uses diverted water or pumped groundwater from a known
subterranean stream to: 1) file a Statement of Water
Diversion and Use (Statement); or 2) file an application to
appropriate water with the [State Water Board Division of
Water Rights].”
According to the site, those who diverted water in 2009,
with some exceptions, must file the statement by July 1 of
this year in order to avoid the fines.
The exceptions pertain to those who divert less than 25
acre-feet per year from a spring that does not flow from the
property on which it is located, the diversion is covered by
a permit or license to appropriate water that is on file
with the Division of Water Rights (DWR), the diversion is
covered by a registration for small domestic or livestock
stockpond uses or covered by a State Water Board stockpond
certificate issued for ponds with a storage capacity of 10
or less acre-feet, a diversion is regulated by a watermaster
appointed by the Department of Water Resources and is
included in annual reports filed with the court or State
Water Board by the watermaster or the diversion is included
in annual reports filed by a court-appointed watermaster.
If the diversion occurred before Jan. 1, 2009, according to
the site, a water diversion statement does not need to be
filed if the Department of Water Resources reports the
diversion in its annual hydrologic data bulletins, the
diversion is covered by an application to appropriate water
on file with the board or the diversion is less than 25
acre-feet from a spring that does not flow from the property
on which it sits.
For those whose diversions do not fall under the exceptions,
the site notes that an individual statement must be filed
for each diversion, regardless of the type of water right
used. For each initial statement of diversion made, the site
continues, a Supplemental Statement must be filed each three
years from the date of filing.
asks for information regarding the name of the body of water
being diverted and the point or points of diversion, the use
of the water being diverted, water conservation efforts, how
much water was diverted and other information.
The site notes that those diverters required to file an
initial statement who fail to do so on July 1 will trigger
the $1,000 penalty.
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