The California Water Boards' Annual Performance Report - Fiscal Year 2008-09
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THE STATE WATER BOARD ALLOCATES WATER The State Water Board establishes and maintains a system of water rights to help ensure that the State’s limited water resources are put to the best possible use and the public interest is served. A water right is legal permission to divert and use a reasonable and nonwasteful amount of surface water for a beneficial purpose, such as domestic, irrigation, industrial or recreation. In allocating water rights, through a system of permits, licenses, and registrations, the State Water Board works to ensure that vested rights, water quality, and the environment are protected. The State Water Board may also be called upon to adjudicate water for entire systems. more... |
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Reported Coca-Cola© Wells within each Regional Waterboard area. "Right-click" on the chart to print it, rotate, pull-out a slice, or view in 2D. |
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Water Rights System
California’s hydrology is influenced by differences in amounts of precipitation, both seasonally and geographically. With a growing population and greater demands being placed on a limited State water supply, especially during drought periods, it is important to have a water rights system that develops water resources in an orderly manner, prevents waste and unreasonable use of water, and protects the environment.
The State Water Board has administrative authority over post-1914 appropriative water rights in California. The State Water Board establishes and maintains a system of appropriative water rights to best develop, conserve, and utilize in the public interest the water resources of the State while protecting vested rights, water quality, and the environment. The water rights system allows water to be diverted from a water source and be put to beneficial, non-wasteful, and reasonable use. Because water quantity and quality are interrelated, the allocation of water can influence water quality standards. When the State Water Board declares a stream to be fully appropriated, it means there is no more water available for new appropriation.
Water is protected for the use and benefit of all Californians. The State's waters cannot be owned by individuals, groups, businesses, or governmental agencies. While water rights are property rights, water right holders do not own the water, but rather possess the right to use it. Water rights laws help provide certainty that a water user will have water available in the future. Permits, licenses, and registrations issued under water rights laws give individuals and others the right to beneficially use reasonable amounts of water. Water rights are based on a priority system that is used to determine who can continue taking water when there is not enough water to supply all needs. Those with high priority rights are likely to receive water. Those with low priority rights may not receive water in all years and should plan accordingly. Water users should make economic decisions based on the certainty of their water supply. For instance, farmers who have a high certainty of receiving water, even in dry years, may plant permanent crops, like fruit trees or vineyards, which can be sold for higher prices.
Water right permits also help protect the environment from impacts that occur as a result of water diversions. Water right permits include conditions to protect other water users and the environment. The water right permitting process can stop bad projects from starting, can modify poorly planned projects, and can protect existing streamflows. The water right permit process cannot by itself restore streams, but because the State Water Board has continuing authority over permits that it issues, it can modify permits and licenses it previously issued to require more protective conditions. The State Water Board must provide the permit or license holder with notice and opportunity for a hearing before making changes. If the permit holder disagrees with the State Water Board's decision to modify the permit, it can ask the court to review the matter.
Water rights exist for both surface waters and groundwaters, and, depending on the type, may or may not require a permit or license from the State Water Board.
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