Today's Law As Amended


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SB-520 Water resources: permit to appropriate: application procedure: mining use.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 1305 is added to the Water Code, to read:

1305.
 (a) If the board has not rendered a final determination on an application for a permit to appropriate water for a beneficial use or uses that include mining use within 30 years from the date the application was filed, the board shall issue a new notice and provide an opportunity for protests under Chapter 4 (commencing with Section 1330) before rendering a final determination.
(b) A notice and opportunity for protests pursuant to subdivision (a) is not required if any of the following apply:
(1) The application is canceled or denied.
(2) A notice and opportunity for protests has been provided within five years prior to the board rendering a final approval.
(3) The board holds a hearing or conducts proceedings under Article 1.5 (commencing with Section 1345) of Chapter 5, after public notice of the hearing or proceedings, and allows any person requesting notice of the hearing or proceedings to participate as a party in the hearing or proceedings, including the presentation of evidence, without having to have filed protests. The board shall provide not less than 45 days’ written notice, in the same manner as would be provided to an unresolved protestant, to any person requesting the notice.
(4) The applicant is a public entity.
(c) This section is not a limitation on the authority of the board to issue a notice or direct the applicant to issue a notice if, because of changes in the project or other circumstances, the issuance of a notice is necessary to provide a fair opportunity for interested persons to file protests or is in the public interest.