§ 1443.2
421 words·~2 min read·
/ca/water-code/1443-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The petition for a temporary change order shall be completed in accordance with the rules of the board that specify the information and maps to be included in a petition for change.
(1)A petitioner for a change order shall pay a fee calculated in accordance with the provisions of Chapter 8 (commencing with Section 1525).
(2)Consistent with Section 3 of Article XIII A of the California Constitution and the board’s authority to set fees to promote the conservation and utilization of water resources in the public interest, the board may adopt reduced fees under Chapter 8 (commencing with Section 1525) for applications, petitions, and change orders under this article.
(c)In addition to subdivisions
(a)and (b), a petition shall include all of the following:
(1)Evidence that the petitioner has completed any environmental review required by, or the project is exempt from, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). To the extent funding is available, the board shall review and comment on any notice of preparation or draft environmental document for a project subject to approval under this article, and include in the board’s comments identification of any instream beneficial uses of waters of the state that may be affected by the project. This paragraph is not a limitation on the authority of the board under any other law.
(2)A notification from the Department of Fish and Wildlife that the petitioner has consulted with the Department of Fish and Wildlife at least 30 days before submission of the petition. If the Department of Fish and Wildlife determines that it needs additional time for review, it may provide for a longer consultation period, not to exceed 60 days. The notification shall include a copy of any conditions proposed by the Department of Fish and Wildlife.
(3)A proposed accounting method for storage and extraction of water diverted under the change order that is either of the following:
(A)Certified to be consistent with the groundwater sustainability plan or alternative approved pursuant to Section 10733.6 by the groundwater sustainability agency for the basin where the water is proposed to be stored or the local agency responsible for implementing the approved alternative.
(B)If there is no applicable groundwater sustainability plan or alternative approved pursuant to Section 10733.6, adequate to demonstrate beneficial use of water under the proposed change order and not inconsistent with the department’s standards in Section 356.2 of Title 23 of the California Code of Regulations.