ARTICLE 1. General Provisions [2500 - 2503]
( Article 1 enacted by Stats. 1943, Ch. 368. )
As used in this chapter, “stream system” includes stream, lake, or other body of water, and tributaries and contributory sources, but does not include an underground water supply other than a subterranean stream flowing through known and definite channels.
(Enacted by Stats. 1943, Ch. 368.)
(a) As used in this chapter with respect to the Scott River in Siskiyou County, “stream system” includes ground water supplies which are interconnected with the Scott River, but does not include any other underground water supply.
(b) The Legislature finds and declares that by reason of the geology and hydrology of the Scott River, it is necessary to include interconnected ground waters in any determination of the rights to the water of the Scott River as a foundation for a fair and effective judgment of such rights, and that it is necessary that the provisions of this section apply to the Scott River only.
(c) If this section is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter, or of any proceedings thereunder, but shall affect only the validity of the proceedings with respect to such interconnected ground water supplies.
(Added by Stats. 1971, Ch. 794.)
The board may determine, in the proceedings provided for in this chapter, all rights to water of a stream system whether based upon appropriation, riparian right, or other basis of right.
(Amended by Stats. 1957, Ch. 1932.)
If the board finds that the use by any persons under claim of right of only minor quantities of water, as defined in Section 2503, would have no material effect on the rights of other claimants, the board may exempt such persons from being subject to these proceedings as claimants or parties with respect to such minor quantities of water; provided, that any person so exempted may elect to continue to be subject to these proceedings by giving prompt notice to the board.
(Added by Stats. 1971, Ch. 794.)
As used in this chapter, “minor quantities of water” refers to the diversion or extraction by any person of not to exceed 10 acre-feet of water annually.
(Added by Stats. 1971, Ch. 794.)