From the State Water Resources Control Board:
The State Water Board proposes to amend existing regulations under the authority granted by Water Code section 1058. It is implementing, interpreting, or making more specific Water Code sections 1250, 1252, 1840, 1841, 5001, 5100, 5101, 5102, 5103, and 5104.
The key provisions of the proposed regulations:
- Clarify that required notification of a change of ownership is a shared obligation of both transferor (old owner) and transferee (new owner) of permits, licenses, and registrations.
- Clarify, similarly, that required notification of a change of ownership is a shared obligation of both transferor (old owner/claimant) and transferee (new owner/claimant) of pre–1914 or riparian rights or claims. Clarify that a water right holder or claimant is similarly required to notify the Board of changes in agency or contact information.
- Clarify the Board’s authority to impose administrative civil liability for failure to file required notifications:
- Administrative civil liability may be imposed on the water right holder/claimant after a 30–day grace period following a change in agency or contact information.
- In the case of a change of ownership, administrative civil liability may be imposed on the transferee (new owner/claimant), after a 30–day grace period following the transfer of ownership. The rationale for imposing administrative civil liability exclusively on the transferee is that only the new owner gains a benefit from the exercise of the underlying right/claim after the transfer takes place.
- Administrative civil liability accrues from the end of the 30–day grace period until the required notification is submitted.
- Update the reporting deadlines and reporting periods for notices of extraction and diversion and supplemental statements of water diversion and use to reflect the statutory deadlines and reporting periods from SB 155.
- Align the reporting deadlines and reporting periods for registration and certificate holders, permittees, and licensees with the deadlines and reporting periods for statements of water diversion and use (Water Code section 5101), supplemental statements of water diversion and use (Water Code section 5104), and notices of extraction and diversion (Water Code section 5001).
The State Water Board will conduct an Administrative Procedure Act (APA) public hearing on September 20. Written comments on the proposed regulations are due by 5:00 p.m. on August 31, 2022.
The State Water Board plans to hold a staff workshop related to the proposed regulations on Tuesday, August 23 starting at 10:00 a.m.
Read the full notice:
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