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Permit and License Holders Failure to File Annual Water Use Reports

Since 1914, the only means of obtaining an appropriate water right has been by application to the proper state authorities and by completing the necessary steps require to obtain a permit and eventually a license to appropriate. Water right permits and licenses issued by the State Water Board and its predecessors have required the annual reporting of water diversion and use. California Code of Regulations, Title 23, para. 925 and 929 require permitees and licensees to submit annual water use reports no later than July 1.

Because of the lack of enforcement there has historically been a poor rate of compliance and the reliability of water availability data has been in question. Since becoming involved with water rights enforcement, the Office of Enforcement has worked closely with the Division of Water Rights to vigorously enforce annual water use reporting requirements for permit and license holders.

Enforcement of annual water use reporting requires a multi-step process that involves noticing Cease and Desist Orders, issuing final Cease and Desist Orders and then issuing an Administrative Civil Liability Complaint and Order if the parties remain out of compliance. To improve the compliance rate and reliability of water availability data, a significant number of these actions need to be pursued annually.

The Office of Enforcement has assisted in developing templates and procedures for issuing these actions and has worked with Water Rights staff to pursue enforcement actions for failure to file annual water use reports and will be representing Water Rights staff in hearings before the State Water Board.  Below is a summary of actions taken in 2011 and 2012 for failure to file annual water use reports for the prior year’s diversions:

Cease and Desist Orders - 178
Final Cease and Desist Orders - 25
Administrative Civil Liabilities issued - 15