BILL NUMBER: SB 681	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Pavley

                        FEBRUARY 27, 2009

   An act to amend Sections 2525, 2526, 2550, and 2763.5 of the Water
Code, relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 681, as introduced, Pavley. Statutory adjudication.
   Existing law authorizes the State Water Resources Control Board,
upon the submission of a petition signed by a claimant to water of
any stream system requesting a determination of rights among the
claimants to that water, to enter an order granting the petition.
After granting the petition, the board is required to investigate the
stream system to gather information necessary to making a
determination of the water rights of that stream system.
   This bill would authorize the board, on its own motion, to proceed
with a determination of the water rights of a stream system.
   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 2525 of the Water Code is amended to read:
   2525.  Upon petition signed by one or more claimants to water of
any stream system, requesting the determination of the rights of the
various claimants to the water of that stream system,  or upon
its own motion,  the board shall, if, upon investigation, it
finds the facts and conditions are such that the public interest and
necessity will be served by a determination of the water rights
involved, enter an order granting the petition  or motion 
and make proper arrangements to proceed with the determination.
  SEC. 2.  Section 2526 of the Water Code is amended to read:
   2526.  As soon as practicable after granting the petition  or
motion  the board shall prepare and issue a notice setting forth
the following:
   (a) The facts of the entry of the order and of the pendency of the
 proceedings;   proceedings. 
   (b) That all claimants to rights to the use of water of the stream
system are required to inform the board within 60 days from the date
of the notice, or such further time as the board may allow, of their
intention to file proof of  claim;   claim.

   (c) The date prior to which all claimants to rights to the water
of the stream system shall notify the board in writing of their
intention to file proof of claim and the address to which all
subsequent notices to the claimant relating to the proceedings may be
 sent;  sent. 
   (d) A statement that all claimants will be required to make proof
of their claims at a time to be fixed by the board after the
conclusion of its investigation.
  SEC. 3.  Section 2550 of the Water Code is amended to read:
   2550.  As soon as practicable after granting the petition  or
motion  , the board shall begin an investigation of the stream
system, of the diversion of water, of all beneficial uses being made
of the water, and of the water supply available for those uses, and
shall gather such other data and information as may be essential to
the proper determination of the water rights in the stream system.
  SEC. 4.  Section 2763.5 of the Water Code is amended to read:
   2763.5.  (a) No exception to the order of determination shall be
considered, except in the court's discretion for good cause shown,
unless the matter of the exception was presented to the board in the
form of an objection. Good cause includes, but is not limited to, the
existence of newly discovered relevant evidence which, in the
exercise of reasonable diligence, could not have been presented to
the board during the board's proceedings.
   (b) This section does not apply to persons to whom the board did
not mail either (1) written notice of the board meeting at which the
petition  or motion  pursuant to Section 2525 is to be
considered as an item of business, or (2) written notice of the
pendency of the proceedings pursuant to Section 2526.