Senate Bill No. 798

Introduced by Committee on Natural Resources and Water (Senators Pavley (Chair), Allen, Fuller, Hertzberg, Hueso, Jackson, Monning, Stone, and Wolk)

March 18, 2015

An act to amend Sections 1026, 1055, 1228.1, 1228.2, 1228.3, 1228.6, 1229, 1229.1, 1243, 1260, 1427, 1430, 1437, 1440, 1701.2, 1703, 1726, 1727, 1736, and 2863 of, and to repeal Sections 1126.2 and 2866 of, the Water Code, relating to water resources.

LEGISLATIVE COUNSEL’S DIGEST

SB 798, as introduced, Committee on Natural Resources and Water. Water resources.

(1) Existing law declares that the diversion or use of water other than as authorized by specified provisions of law is a trespass. Existing law authorizes the executive director of the State Water Resources Control Board to issue a complaint to a person who violates certain use and diversion of water provisions and subjects the violator to administrative civil liability. Existing law requires that the complaint be served by personal notice or certified mail and inform the party served that the party may request a hearing not later than 20 days from the date the party was served.

This bill would specify that the board is authorized to adopt an order setting administrative civil liability based on the allegations set forth in the complaint without a hearing, unless a written request for a hearing signed by, or on behalf of, the party served with the complaint is delivered to or received by mail by the board within 20 days after receipt of the complaint.

(2) Existing law allows a person to apply for, and the board to issue, a temporary permit for diversion and use of water, subject to certain restrictions. Existing law allows a permittee or licensee who has an urgent need to change a point of diversion, place of use, or purpose of use to petition for, and the board to issue, a temporary change order, subject to certain restrictions.

This bill would authorize a temporary permit or a temporary change order to set monitoring, reporting, or mitigation requirements that apply before or after the authorization to divert or use water under the temporary permit or temporary change order.

(3) Existing law requires the board, prior to adopting other general conditions for small irrigation use, and no later than June 30, 2012, to adopt general conditions for small irrigation use for facilities used for frost protection in a prescribed area, unless the board determines that sufficient funds are not available for that purpose.

This bill would eliminate this provision.

(4) Existing law provides that moneys in the Water Resources Control Board Revolving Fund may be drawn from the State Treasury upon the approval of the Department of Finance without the submission of receipts, vouchers, or itemized statements, and used by the board in paying costs of making water rights determinations.

This bill would provide that moneys in the fund may be drawn from the State Treasury, upon appropriation by the Legislature, and used by the board in paying costs of making water rights determinations.

Existing law requires the Department of Finance to review the status of the fund to determine whether there are excess amounts of money not needed to carry out these provisions and, if there are excess amounts of money, to notify the Controller to transfer the excess money to the General Fund.

This bill would repeal these provisions.

(5) This bill would make various nonsubstantive changes, including repealing obsolete provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1026 of the Water Code is amended to
read:

1026.  

The lead agency shall not approve a water lease until 30
days after the begin delete state end delete board provides written public notice, including
notice by personal delivery or registered mail to legal users of
water which may be affected by the lease, as identified by the begin delete state end delete
board, the Department of Fish and begin delete Game, end delete begin insert Wildlife, end insert and any party
requesting special notice of water leases pursuant to this chapter.
The water lessor shall pay a reasonable fee, in an amount
determined by the state board, for the cost of providing the notice.

SEC. 2.  

Section 1055 of the Water Code is amended to read:

1055.  

(a) The executive director of the board may issue a
complaint to any person or entity on which administrative civil
liability may be imposed pursuant to Section 1052, Article 4
(commencing with Section 1845) of Chapter 12 of Part 2 of
Division 2, or Section 5107. The complaint shall allege the act or
failure to act that constitutes a trespass or violation, the provision
of law authorizing civil liability to be imposed, and the proposed
civil liability.

(b) The complaint shall be served by personal notice or certified
mail, and shall inform the party served that the party may request
a hearing not later than 20 days from the date the party was served.
The hearing shall be before the board or a member of the board,
in accordance with Section 183. begin insert The board may adopt an order
setting administrative civil liability based on the allegations set
forth in the complaint without a hearing, unless a written request
for a hearing signed by, or on behalf of, the party served with the
complaint is delivered to or received by mail by the board within
20 days after the date the party was served. end insert

(c) The board, after any necessary hearing, may adopt an order
setting administrative civil liability, or determining that a liability
shall not be imposed.

(d) Orders setting administrative civil liability shall become
effective and final upon issuance thereof and payment shall be
made.

SEC. 3.  

Section 1126.2 of the Water Code is repealed.

begin delete

1126.2.  

The provisions of Assembly Bill 3036 of the 1995-96
Regular Session, which, among other things, added this chapter,
do not apply to any proceeding for the judicial review of a decision
or order of the board that is pending on December 31, 1996, and
the applicable law in effect on that date shall continue to apply to
that proceeding.

end delete

SEC. 4.  

Section 1228.1 of the Water Code is amended to read:

1228.1.  

(a) The Legislature finds and declares that it is in the
public interest to provide a timely, efficient, and economic
procedure for the acquisition of rights to appropriate water for a
small domestic use, including incidental stock watering and
irrigation uses, a small irrigation use, and for a livestock stockpond
subject to prior rights.

(b) As used in this article:

(1) “Small domestic use” means a domestic use, as that use is
defined by board rule, or a use for aesthetic, fire protection,
recreational, or fish and wildlife purposes that is associated with
a dwelling or other facility for human occupation, that does not
exceed direct diversion of 4,500 gallons per day or diversion to
storage of 10 acre-feet per begin delete annum. end delete begin insert year. end insert

(2) “Small irrigation use” means either of the following:

(A) An irrigation use, heat control use, or frost protection use,
not to exceed diversion to storage of 20 acre-feet per begin delete annum, end delete begin insert year, end insert
including impoundment for incidental aesthetic, fire protection,
recreational, or fish and wildlife purposes.

(B) An irrigation use not to exceed direct diversion of 42,000
gallons per day, up to a maximum of 20 acre-feet per begin delete annum. end delete begin insert year. end insert

(3) “Livestock stockpond” means a water impoundment structure
constructed for livestock watering use not to exceed direct
diversion of 4,500 gallons per day, or diversion to storage of 10
acre-feet per year, as that use is defined by the board, and including
impoundment for incidental aesthetic, fire protection, recreational,
or fish and wildlife purposes.

SEC. 5.  

Section 1228.2 of the Water Code is amended to read:

1228.2.  

(a) (1) Subject to subdivision (b), begin delete any end delete begin insert a end insert person may
obtain a right to appropriate water for a small domestic, small
irrigation, or livestock stockpond use upon first registering the use
with the board and thereafter applying the water to reasonable and
beneficial use with due diligence.

(2) With regard to an appropriation for small domestic use, a
registration shall not be filed for a facility served by or used
pursuant to a permit or license for domestic or municipal use, and
not more than one small domestic use registration shall be in effect
at any time for any facility. A small domestic use registration and
a livestock stockpond use registration may be in effect for the same
facility if the total combined water use covered by the registrations
does not exceed 10 acre-feet per begin delete annum. end delete begin insert year. end insert

(3) With regard to an appropriation for small irrigation use,
more than one registration may be in effect at any time for a
registrant if the diversion or storage facilities subject to registration
for a registrant do not exceed the ratio of one per 20 irrigated acres,
and if the total water use on all acreage covered by the registrations,
including any water use based on other rights, does not exceed
100 acre-feet per begin delete annum. end delete begin insert year. end insert

(4) A small domestic use registration and a small irrigation use
registration, or a livestock stockpond use registration and a small
irrigation use registration, may be in effect for the same facility
only if the total combined water use covered by the registrations
does not exceed 20 acre-feet per begin delete annum. end delete begin insert year. end insert

(5) With regard to an appropriation for livestock stockpond use,
more than one registration may be in effect at any time for a
registrant if stockponds subject to registration for that registrant
do not exceed the ratio of one per 50 acres.

(b) Initiation of rights to appropriate water pursuant to this article
shall be subject to Article 1.3 (commencing with Section 1205),
relating to fully appropriated stream systems. The board shall not
accept begin delete any end delete begin insert a end insert registration of water use which proposes as a source
of water supply begin delete any end delete begin insert a end insert stream system which has been
unconditionally declared by the board to be fully appropriated
pursuant to Section 1205, except that subdivision (b) of Section
1206, relating to conditional declarations of fully appropriated
stream systems, shall apply to registration of water use pursuant
to this article, and the board shall accept those registrations where
consistent with the conditions specified in the declaration.

(c)  begin delete On or before June 30, 1989, and annually thereafter, the
Division of Water Rights end delete begin insert The board end insert shall begin insert annually end insert prepare and
post on its Internet Web site information summarizing the location,
nature, and amount of water appropriated pursuant to this article.
The information shall include a description of the availability of
unappropriated water in those stream systems which may become
fully appropriated within the next reporting period.

(d) If a registration is filed with a source of supply on a stream
system that the most recent report submitted under subdivision (c)
identifies as a stream system that may become fully appropriated
within the next reporting period, the registration shall not take
effect unless the board finds that unappropriated water is available
for the appropriation proposed by the registration. If the board
finds that unappropriated water is not available to supply the
proposed appropriation, the board shall, following notice and
hearing, determine whether that stream system should be declared
fully appropriated pursuant to Article 1.3 (commencing with
Section 1205).

SEC. 6.  

Section 1228.3 of the Water Code is amended to read:

1228.3.  

(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 begin delete Game end delete begin insert Wildlife end insert
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 begin delete Game. end delete begin insert Wildlife. end insert The certification shall include a copy of any
conditions required by the Department of Fish and begin delete Game end delete begin insert Wildlife end insert
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 any 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 any person
who so requests.

(d) Prior to the date set forth on the list required under
subdivision (c), any 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.

SEC. 7.  

Section 1228.6 of the Water Code is amended to read:

1228.6.  

(a) The board shall establish, and may from time to
time revise, reasonable general conditions to which all
appropriations made pursuant to this article shall be subject. The
conditions shall include, but shall not be limited to, the following:

(1) The appropriation is subject to prior rights.

(2) All conditions lawfully required by the Department of Fish
and begin delete Game end delete begin insert Wildlife end insert are conditions upon the appropriations.

(3) Diversion works shall be constructed and water applied to
beneficial use with due diligence.

(4) Registration shall be renewed and water use reported
pursuant to law and to the rules of the board.

(b) Immediately upon registration pursuant to Section 1228.3,
renewal of registration pursuant to Section 1228.5, or amended
registration pursuant to Section 1228.7, the board shall provide
the registrant with a written document setting forth the conditions
required by this section, and the perfection and exercise of rights
acquired pursuant to this article shall at all times be subject to those
conditions.

(c) The conditions required by this section shall be deemed
“terms and conditions” within the meaning of Section 1825 and
the expression of legislative intent contained in that section shall
be applicable thereto. The authority of the board to enforce the
terms and conditions of permits and licenses to appropriate water,
and to prevent the unlawful diversion of water, including, but not
limited to, provisions regarding cease and desist orders and the
revocation of permits and licenses, shall be applicable to
appropriations initiated or perfected pursuant to this article.

SEC. 8.  

Section 1229 of the Water Code is amended to read:

1229.  

(a) The board is not required to adopt general conditions
for small irrigation use pursuant to subdivision (a) of Section
1228.6 until the board determines that funds are available for that
purpose.

(b) A registration for small irrigation use pursuant to this article
is not authorized until the board establishes general conditions for
small irrigation use pursuant to subdivision (a) of Section 1228.6
to protect instream beneficial uses.

(c) The board may establish general conditions for some
methods of diversion or categories of small irrigation use before
establishing general conditions for other methods or categories,
in which case a registration for small irrigation use is authorized
only for those methods or categories for which the board has
established the general conditions for the protection of instream
beneficial uses.

begin delete

(d) The board, prior to adopting other general conditions for
small irrigation use, and no later than June 30, 2012, shall adopt
general conditions for registration of small irrigation use for
facilities used for frost protection in the area described in paragraph
(1) of subdivision (a) of Section 1259.4, unless the board
determines that sufficient funds are not available for that purpose.

end delete

SEC. 9.  

Section 1229.1 of the Water Code is amended to read:

1229.1.  

(a) This article does not apply to those stream segments
for which the Director of Fish and begin delete Game end delete begin insert Wildlife end insert establishes
proposed streamflow requirements pursuant to Section 10002 of
the Public Resources Code, notwithstanding the July 1, 1989,
deadline for preparation of the requirements.

(b) Notwithstanding subdivision (a), this article applies to begin delete any end delete
begin insert a end insert registration filed before the Director of Fish and begin delete Game end delete begin insert Wildlife end insert
establishes proposed streamflow requirements for the source of
water supply for the registration. The conditions for renewal under
subdivision (c) of Section 1228.5 may include any conditions the
Department of Fish and begin delete Game end delete begin insert Wildlife end insert determines to be necessary
to protect stream-related fish and wildlife resources on begin delete any end delete begin insert a end insert source
of water supply for which the Director of Fish and begin delete Game end delete begin insert Wildlife end insert
has established proposed streamflow requirements pursuant to
Section 10002 of the Public Resources Code.

SEC. 10.  

Section 1243 of the Water Code is amended to read:

1243.  

The use of water for recreation and preservation and
enhancement of fish and wildlife resources is a beneficial use of
water. In determining the amount of water available for
appropriation for other beneficial uses, the board shall take into
account, whenever it is in the public interest, the amounts of water
required for recreation and the preservation and enhancement of
fish and wildlife resources.

The board shall notify the Department of Fish and begin delete Game end delete begin insert Wildlife end insert
of begin delete any end delete begin insert an end insert application for a permit to appropriate water. The
Department of Fish and begin delete Game end delete begin insert Wildlife end insert shall recommend the
amounts of water, if any, required for the preservation and
enhancement of fish and wildlife resources and shall report its
findings to the board.

This section shall not be construed to affect riparian rights.

SEC. 11.  

Section 1260 of the Water Code is amended to read:

1260.  

Every application for a permit to appropriate water shall
set forth all of the following:

(a) The name and post office address of the applicant.

(b) The source of water supply.

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

(d) The location and description of the proposed headworks,
ditch canal, and other works.

(e) The proposed place of diversion.

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

(g) The time within which it is proposed to begin construction.

(h) The time required for completion of the construction.

(i) The time for the complete application of the water to the
proposed use.

(j) All data and information reasonably available to applicant
or that can be obtained from the Department of Fish and begin delete Game end delete
begin insert Wildlife end insert concerning the extent, if any, to which fish and wildlife
would be affected by the appropriation, and a statement of any
measures proposed to be taken for the protection of fish and
wildlife in connection with the appropriation.

(k) Sufficient information to demonstrate a reasonable likelihood
that unappropriated water is available for the proposed
appropriation.

SEC. 12.  

Section 1427 of the Water Code is amended to read:

1427.  

Before making the findings required by Section 1425,
the board shall begin delete review end delete begin insert do all of the following: end insert

begin insert (a) end insert begin insert   end insert begin insert Review end insert available records, files, and decisions which relate
to the availability of water from the source at the proposed point
of diversion to serve the proposed temporary diversion and use,
and which relate to the rights of downstream begin delete users; shall consult end delete
begin insert users. end insert

begin insert (b) end insert begin insert   end insert begin insert Consult end insert with representatives of the Department of Fish and
begin delete Game; and shall make end delete begin insert Wildlife. end insert

begin insert (c) end insert begin insert   end insert begin insert Make end insert a field investigation, if necessary or desirable in the
opinion of the board.

SEC. 13.  

Section 1430 of the Water Code is amended to read:

1430.  

begin delete Any end delete begin insert A end insert temporary permit issued under this chapter shall
not result in creation of a vested right, even of a temporary nature,
but shall be subject at all times to modification or revocation in
the discretion of the board. begin delete Any end delete begin insert The authorization to divert and
use water under a end insert temporary permit shall automatically expire 180
days after the date of its issuance, unless an earlier date is specified
or begin delete it has been end delete begin insert the temporary permit is end insert revoked. begin insert The temporary
permit may set monitoring, reporting, or mitigation requirements
that apply before or after the authorization to divert or use water
under the temporary permit. end insert

SEC. 14.  

Section 1437 of the Water Code is amended to read:

1437.  

Before making the findings required by Section 1435,
the board shall review available records, files, and decisions which
relate to the rights of other legal users of water, consult with
representatives of the Department of Fish and begin delete Game, end delete begin insert Wildlife, end insert and
make a field investigation if the investigation is necessary or
desirable in the opinion of the board.

SEC. 15.  

Section 1440 of the Water Code is amended to read:

1440.  

begin delete Any end delete begin insert A end insert temporary change order issued under this chapter
shall not result in creation of a vested right, even of a temporary
nature, but shall be subject at all times to modification or revocation
in the discretion of the board. begin delete Any end delete begin insert The authorization to divert and
use water under a end insert temporary change order shall automatically
expire 180 days after the date of its issuance unless an earlier date
is specified or begin delete it has been end delete begin insert the temporary change order is end insert revoked.
begin insert The temporary change order may set monitoring, reporting, or
mitigation requirements that apply before or after the authorization
to divert or use water under the temporary change order. end insert

SEC. 16.  

Section 1701.2 of the Water Code is amended to read:

1701.2.  

A petition for change in a permit or license shall meet
all of the following requirements:

(a) State the name and address of the petitioner.

(b) Be signed by the petitioner, or the petitioner’s agent or
attorney.

(c) Include all information reasonably available to the petitioner,
or that can be obtained from the Department of Fish and begin delete Game, end delete
begin insert Wildlife, end insert concerning the extent, if any, to which fish and wildlife
would be affected by the change, and a statement of any measures
proposed to be taken for the protection of fish and wildlife in
connection with the change.

(d) Include sufficient information to demonstrate a reasonable
likelihood that the proposed change will not injure any other legal
user of water.

(e) Contain other appropriate information and be in the form
required by applicable regulations.

SEC. 17.  

Section 1703 of the Water Code is amended to read:

1703.  

After filing a petition for permission to make a change,
the petitioner, in case the board so requires, shall cause notice
thereof to be given or published in the manner prescribed by the
board. In all cases the petitioner shall notify the Department of
Fish and begin delete Game end delete begin insert Wildlife end insert in writing of the proposed change.

SEC. 18.  

Section 1726 of the Water Code is amended to read:

1726.  

(a) (1) A permittee or licensee who proposes a
temporary change shall submit to the board a petition to change
the terms of the permit or license as required to accomplish the
proposed temporary change. begin delete Any end delete begin insert The end insert petition for a temporary
change shall be filed by the permittee or licensee. If the proposed
temporary change is for the benefit of a contractor or user supplied
directly or indirectly by the permittee or licensee, the permittee or
licensee may authorize the contractor or user to participate as a
copetitioner. The permittee or licensee shall identify any
copetitioner in the petition.

(2) A contractor or user described in paragraph (1), whether or
not designated as a copetitioner, and the person to whom the water
is proposed to be transferred, shall be named as parties to the
proceeding, with the same rights to receive notices, respond to
board determinations, and petition for writ of mandate as the
petitioner.

(b) A petition shall include both of the following:

(1) Reference to the permit or license that serves as the basis
for the water transfer.

(2) A written description of the changes in water storage, timing,
and point of diversion, place and purpose of use, timing and point
of return flow, and water quality of instream flows that are likely
to occur as a result of the proposed temporary change.

(c) A petitioner shall provide a copy of the petition to the
Department of Fish and begin delete Game, end delete begin insert Wildlife, end insert the board of supervisors
of the county or counties in which the petitioner currently stores
or uses the water subject to the petition, and the board of
supervisors of the county or counties to which the water is proposed
to be transferred.

(d) Within 10 days of the date of submission of a petition to the
board, the petitioner shall publish in not less than one newspaper
of general circulation, in the county or counties in which the
petitioner currently stores or uses the water subject to the petition,
a notice of the petition and a brief description of the terms of the
proposed temporary change. The board shall, in a timely manner,
provide to the petitioner a list of water right holders of record on
file with the board who may be affected by the transfer, and the
petitioner shall provide written notice to those water right holders
not later than 10 days after the date on which the petition is
submitted. The board shall post the notice of petition on its Internet
web site not later than 10 days after the date on which the petition
is submitted. The notice of the petition shall specify the date on
which comments are due. The board may impose on the petitioner
any other notice requirement it determines to be necessary.

(e) Within 10 days of the date of receipt of a petition, the board
shall commence an investigation of the proposed temporary change.
Pursuant to that investigation, the board shall determine if the
water proposed to be transferred would have been consumptively
used or stored pursuant to the petitioner’s permit or license in the
absence of the proposed transfer or conserved pursuant to Section
1011. The board also shall evaluate the changes in water storage,
timing and point of diversion, place and purpose of use, timing
and point of return flow, water quality, and instream flows, and
other changes that are likely to occur as a result of the proposed
temporary change.

(f) Water users that may be affected by a proposed temporary
change and any other interested party may file a written comment
regarding a petition with the board. Comments shall be filed not
later than 30 days after the date that the notice was published
pursuant to subdivision (d). The board shall evaluate and take into
consideration all comments that are filed in a timely manner.

(g) (1) Except as specified in paragraphs (2) and (3), the board
shall render a decision on the petition not later than 35 days after
the date that investigation commenced or the date that the notice
was published, whichever is later. The board’s decision shall be
in accordance with the substantive standards set forth in Section
1727. The board shall explain its decision in writing and shall send
copies of the decision to the petitioner, the Department of Fish and
begin delete Game, end delete begin insert Wildlife, end insert the board of supervisors of the county or counties
described in subdivision (c), the proposed transferee, and any party
who has filed a written comment in accordance with subdivision
(f).

(2) If comments are filed in accordance with subdivision (f), or
for any other good cause, the board may extend the date of its
decision for up to 20 days.

(3) If the board or the petitioner determines that an additional
extension of time for a decision is necessary for the board to make
the findings required by Section 1727, or that a hearing is necessary
for the board to make those findings, the board may extend the
time for a decision with the consent of the petitioner. If the
petitioner agrees to a hearing, the board shall identify the issues
for which additional evidence is required and shall fix a time and
place for the hearing. The board shall provide notice of the time,
place, and subject matter of the hearing to the petitioner, the
Department of Fish and begin delete Game, end delete begin insert Wildlife, end insert the board of supervisors
of the county or counties described in subdivision (c), the water
right holders of record identified pursuant to subdivision (d), the
proposed transferee, and any party who has filed a written comment
in accordance with subdivision (f).

SEC. 19.  

Section 1727 of the Water Code is amended to read:

1727.  

(a) The board shall review a petition for a temporary
change of water rights in accordance with this section.

(b) The board shall approve a temporary change if it determines
that a preponderance of the evidence shows both of the following:

(1) The proposed temporary change would not injure any legal
user of the water, during any potential hydrologic condition that
the board determines is likely to occur during the proposed change,
through significant changes in water quantity, water quality, timing
of diversion or use, consumptive use of the water, or reduction in
return flows.

(2) The proposed temporary change would not unreasonably
affect fish, wildlife, or other instream beneficial uses.

(c) The petitioner shall have the burden of establishing that a
proposed temporary change would comply with paragraphs (1)
and (2) of subdivision (b). If the board determines that that
petitioner has established a prima facie case, the burden of proof
shall shift to any party that has filed a comment pursuant to
subdivision (f) of Section 1726 to prove that the proposed
temporary change would not comply with paragraphs (1) and (2)
of subdivision (b). The board may make a determination required
by this subdivision without a hearing.

(d) In reviewing a petition for a temporary change, the board
shall not modify any term or condition of the petitioner’s permit
or license, including those terms that protect other legal users of
water, fish, wildlife, and other instream beneficial uses, except as
necessary to carry out the temporary change in accordance with
this article.

(e) In applying the standards set forth in paragraphs (1) and (2)
of subdivision (b), the board shall not deny, or place conditions
on, a temporary change to avoid or mitigate impacts that are not
caused by the temporary change. Neither the Department of Fish
and begin delete Game, end delete begin insert Wildlife, end insert nor any other state agency that comments on
the proposed temporary change, shall propose conditions to
mitigate effects on fish, wildlife, or other instream beneficial uses
begin insert that are not end insert caused by begin delete factors other than end delete the proposed temporary
change. This subdivision does not limit the board, the Department
of Fish and begin delete Game, end delete begin insert Wildlife, end insert or any other state agency, in
proceedings pursuant to any provision of law other than this article.

SEC. 20.  

Section 1736 of the Water Code is amended to read:

1736.  

The board, after providing notice and opportunity for a
hearing, including, but not limited to, written notice to, and an
opportunity for review and recommendation by, the Department
of Fish and begin delete Game, end delete begin insert Wildlife, end insert may approve such a petition for a
long-term transfer where the change would not result in substantial
injury to any legal user of water and would not unreasonably affect
fish, wildlife, or other instream beneficial uses.

SEC. 21.  

Section 2863 of the Water Code is amended to read:

2863.  

All or any part of the money in the Water Resources
Control Board Revolving Fund may be drawn from the State
begin delete Treasury upon the approval of the Department of Finance without
the submission of receipts, vouchers, or itemized statements, end delete
begin insert Treasury, upon appropriation by the Legislature, end insert and used by the
board in paying costs of making determinations of water rights as
provided in this part.

SEC. 22.  

Section 2866 of the Water Code is repealed.

begin delete

2866.  

The Department of Finance shall, from time to time,
review the status of the Water Resources Control Board Revolving
Fund to determine whether there are excess amounts of money
therein not needed to carry out the provisions of this chapter. If
the Department of Finance determines there are such excess
amounts of money in the fund, it shall notify the State Controller
and the State Controller shall transfer such excess amounts of
money to the General Fund.

end delete