ARTICLE 1.5. Minor Protested Applications Procedure [1345 - 1348]
( Article 1.5 added by Stats. 1980, Ch. 933, Sec. 7. )
(a) Except as provided in subdivision (b), the Division of Water Rights shall conduct a field investigation of all minor protested applications. The board shall notify the parties of the field investigation not less than 20 days prior to conducting the field investigation, to enable the parties to attend and present information to the board.
(b) The Division of Water Rights is not required to conduct a field investigation for an application defined as a minor application under subdivision (b) of Section 1348 if the Division of Water Rights determines, in its discretion, that a field investigation will not substantially expedite consideration of the
application and a hearing should be conducted under Section 183. If the Division of Water Rights makes that determination, Sections 1346 and 1347 do not apply to the application.
(Amended by Stats. 2019, Ch. 678, Sec. 2. (AB 658) Effective January 1, 2020.)
The Division of Water Rights may request the parties to submit information in support of their positions. The Division of Water Rights may request information before, during, or after the field investigation. After the field investigation, the Division of Water Rights may conduct additional proceedings in accordance with Article 10 (commencing with Section 11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code.
(Repealed and added by Stats. 1997, Ch. 323, Sec. 13. Effective January 1, 1998.)
Based upon the field investigation and any other information obtained under this article, the Division of Water Rights shall issue a decision unless the board in its discretion determines that additional proceedings should be conducted under Section 183. A decision of the Division of Water Rights is subject to review as provided in Chapter 4 (commencing with Section 1120) of Part 1.
(Repealed and added by Stats. 1997, Ch. 323, Sec. 15. Effective January 1, 1998.)
For purposes of this article, a minor application shall mean either of the following:
(a) Any application which does not involve direct diversions in excess of three cubic-feet per second or storage in excess of 200 acre-feet per year.
(b) An application by a groundwater sustainability agency or local agency, as defined in Section 10721, for a diversion previously authorized by a temporary permit under Article 2 (commencing with Section 1433) of Chapter 6.5.
(Amended by Stats. 2019, Ch. 678, Sec. 3. (AB 658) Effective January 1, 2020.)