Cal. Code Regs. tit. 23 § 731 : Waters — State Water Resources Control Board and Regional Water Quality Control Boards — Appropriation of Water — Special Situation Applications — Applications for Water Where an Existing Right Is Claimed

(a) A person who claims an existing right to the use of water shall be granted a permit or license to appropriate no more water than is needed over that which is available under the existing right to meet the beneficial use requirements of the project. In implementing this requirement, the board will accept an application for an amount of water equal to the total reasonable requirements of a project where the existing right asserted for a common place of use has not been adjudicated or otherwise finally determined. Any permit or license issued by the board pursuant to such an application shall contain a condition which will limit the quantity of water appropriated under the permit or license to the face value of the permit or license less any water available under an existing right subsequently determined to exist for the same place of use in any adjudication or other legally binding proceeding.
(b) Where an applicant claims an existing right to the use of water within the proposed place of use, the applicant shall describe the nature, amount, season, points of diversion and place of use of such claim together with the priority asserted. If the existing right is evidenced by a court decree or other legally binding document, the applicant shall submit a copy of such document unless the board already has a copy in its records.
(c) Any person who obtains a permit or license for a particular place of use and thereafter transfers an existing water right for the same place of use to another place of use without the prior approval of the board shall forfeit all rights under the permit or license.
(d) Any person who obtains a permit or license for a particular place of use without claiming an existing water right for the same place of use and who thereafter exercises a claimed existing right for that place of use without the prior approval of the board shall forfeit all rights under the permit or license.
(e) Any permit or license issued to a person who claims an existing water right for the same place of use shall contain a term requiring the permittee or licensee to take and use water under the existing right only in accordance with law. The permittee or licensee will then be subject to enforcement action by the board for violation of this permit term if the permittee or licensee takes water for there is no entitlement under the existing right in combination with the permit or license.
(f) Any person who has previously obtained a permit or license containing a term obligating the permittee or licensee to waive an existing right for so long as the permit or license remains in effect may have this term deleted upon agreement to be subject to the provisions of subsections (a) through (e) of this section.

Cal. Code Regs. Tit. 23, § 731

Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 2, Article X, California Constitution; and Sections 100, 275, 1201, 1202, 1253, 1255, 1375, 1410, 1675 and 1701, Water Code.

1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Amendment filed 3-19-64; effective thirtieth day thereafter (Register 64, No. 6).
3. Renumbering and amendment of former Section 731 to Section 766, and renumbering and amendment of Section 653(b) to Section 731 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 81, No. 11.