Water Rights and Water Quality Certification Fees Programs

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Litigation Update

The 2005 Superior Court decision has been partially upheld and partially overturned by the Third District Court of Appeal. Get more information.

• Water Right Fee Litigation Update - FAQs (2011)
• Water Right Fee Litigation Update - FAQs (2007)
• April 27, 2005: Press Release: "Superior Court Upholds Water Right Fees - Challenge to State Water Board's adoption of water right fees denied"
• April 26, 2005: Water Right Fees Upheld: Ruling on Submitted Matter - Petitioner’s Motion for Peremptory Writ of Mandate of Prohibition

Fee Information (Fiscal Year 2017-2018)

• FY 2017-18 Fee Schedule Summary
• On November 6, 2018, the Office of Administrative Law approved the emergency regulations.

Fee Information (Fiscal Year 2016-2017)

• FY 2016-17 Fee Schedule Summary
  
• Fiscal Year 2016-2017 Fee Development
  • The State Water Board corrected a billing error associated with the regulation changes approved by OAL on November 3, 2016 by adding Section 1066.5 to Division 3, Chapter 5 of the California Code of Regulations.
    • On January 3, 2017, the Office of Administrative Law approved the emergency regulations.
    • The State Water Board issued a Notice of Proposed Emergency Rulemaking for adoption of proposed changes to the regulations.
  • The State Water Board completed the statutory requirement to review and revise the fees. Amendments were made to Division 3, Chapter 5, Sections 1062, 1064, and 1066 of the California Code of Regulations.
    • On November 3, 2016, the Office of Administrative Law approved the emergency regulations.
    • On September 20, 2016, the State Water Board adopted Resolution No. 2016-0053 to adopt the regulations.
    • The State Water Board issued a Notice of Proposed Emergency Rulemaking for adoption of proposed changes to the regulations.

Fee Information (Fiscal Year 2015-2016)

• Fiscal Year 2015-16 Final Fee Schedule Summary
• 2015-16 Final Emergency Regulations with Temporary Permit Fee Changes
  Approved January 15, 2016 by the Office of Administrative Law Amendments to Division 3, Chapter 5, Section 1062 of the California Code of Regulations (as adopted on December 1, 2015, by the State Water Resources Control Board Resolution No. 2015-0073.
• 2015-16 Final Emergency Regulations
  Approved October 28, 2015, by the Office of Administrative Law Amendments to Division 3, Chapter 5, Sections 1062, 1064, and 1066 of the California Code of Regulations (as adopted on September 16, 2015, by the State Water Resources Control Board Resolution No. 2015-0061.

Fee Information (Fiscal Year 2014-2015)

• Fiscal Year 2014-15 Final Fee Schedule Summary
• 2014-15 Final Emergency Regulations
  Approved October 30, 2014 by the Office of Administrative Law Amendments to Division 3, Chapter 5, Sections 1062, 1064, 1066 and Chapter 28, Article 1, Section 3833.1 of the California Code of Regulations (as adopted on September 23, 2014 by the State Water Resources Control Board Resolution No. 2014-0052.

Fee Information (Fiscal Year 2013-2014)

• Fiscal Year 2013-14 Final Fee Schedule Summary
• 2013-14 Final Emergency Regulations
  Approved October 31, 2013 by the Office of Administrative Law - Amendments to Division 3 of Title 23, Sections 1062, 1064, 1066 and 1068 of the California Code of Regulations (as adopted on October 8, 2013 by the State Water Resources Control Board Resolution No. 2013-0032.

Fee Information (Fiscal Year 2012-2013)

• Fiscal Year 2012-13 Final Fee Schedule Summary
• 2012-13 Final Emergency Regulations
  Approved November 14, 2012 by the Office of Administrative Law - Amendments to Division 3 of Title 23, Sections 1062, 1064 and 1068 of the California Code of Regulations (as adopted on September 19, 2012 by the State Water Resources Control Board Resolution No. 2012-0047).

Fee Information (Fiscal Year 2011-2012)

• Fiscal Year 2011-12 Final Fee Schedule Summary
• 2011-12 Final Emergency Regulations
  Approved October 20, 2011 by the Office of Administrative Law - Amendments to Division 3 of Title 23 of the California Code of Regulations (as adopted on September 19, 2011) by the State Water Resources Control Board

Fee Information (Fiscal Year 2010-2011)

• Fiscal Year 2010-11 Final Fee Schedule Summary
• 2010-11 Final Emergency Regulations
  Approved November 17, 2010 by the Office of Administrative Law - Amendments to Division 3 of Title 23 of the California Code of Regulations (as adopted on October 19, 2010) by the State Water Resources Control Board Resolution No. 2010-0052.

Fee Information (Fiscal Year 2009-2010)

• Fiscal Year 2009-10 Final Fee Schedule Summary
• Final Emergency Regulations
  Approved October 21, 2009 by the Office of Administrative Law - Amendments to Division 3 of Title 23 of the California Code of Regulations (as adopted on September 15, 2009) by the State Water Resources Control Board Resolution No. 2009-0071.

Fee Information (Fiscal Year 2008-2009)

• Notice of Rulemaking FY 2009-10
  • Proposed Emergency Regulation Changes
• Fiscal Year 2008-09 Final Fee Schedule Summary
• Final Emergency Regulations
  Approved November 5, 2008 by the Office of Administrative Law - Amendments to Division 3 of Title 23 of the California Code of Regulations (as adopted on October 7, 2008) by the State Water Resources Control Board Resolution No. 2008-0074.

Fee Information (Fiscal Year 2005-2006)

• FY 05-06 - Final Fee Schedule Summary
• Final Emergency Regulations as approved on October 21, 2005 by the Office of Administrative Law (OAL) - Amendments to Division 3 of Title 23 of the California Code of Regulations (Adopted by SWRCB Resolution No. 2005-0069)
• SWRCB Proposed Emergency Regulations: Amendments to Division 3 of Title 23 of the California Code of Regulations (Adopted by SWRCB Resolution No. 2005-0069)
• September 22, 2005, SWRCB Resolution 2005-0069: Adopting Emergency Regulations Amending Water Right and Water Quality Certification Fee Schedules in Title 23, Division 3 of the California Code of Regulations.
• September 7, 2005, Public Workshop Presentation: Water Right and Water Quality Certification Fees – Fiscal Year 2005-2006.
• State Water Board Proposed Emergency Regulations: Amendments to Division 3 of Title 23 of the California Code of Regulations. (dated August 29, 2005)
• State Water Board Draft Resolution No. 2005: Adopting Emergency Regulations Revising the State Water Resources Control Board’s Water Right and Water Quality Certification Fee Schedules in Title 23, Division 3, of the California Code of Regulations. (dated August 29, 2005)
• State Water Board’s September 7, 2005 – Workshop Agenda and Item 10 - Fact Sheet (Consideration of Proposed Resolution Adopting Emergency Regulations Revising the State Water Resources Control Board’s Water Right and Water Quality Certification Fee Schedules in Title 23, Division 3, of the California Code of Regulations)
• Fiscal Year 2005-2006 Proposed Fee Schedule

Fee Information (Fiscal Year 2004-2005)

• Sample of a Board of Equalization (BOE) Notice of Determination (water right fee bill) for Fiscal Year 2004-2005. Final Emergency Regulations as approved on October 14, 2004 by the Office of Administrative Law (OAL) - Amendments to Division 3 of Title 23 of the California Code of Regulations (Adopted by SWRCB Resolution No. 2004-0061). See Final Fee Schedule
• SWRCB Proposed Emergency Regulations: Amendments to Division 3 of Title 23 of the California Code of Regulations (Adopted by SWRCB Resolution No. 2004-0061)
• September 30, 2004, SWRCB Resolution 2004-0061: Adopting Emergency Regulations Amending Water Right and Water Quality Certification Fee Schedules in Title 23, Division 3 of the California Code of Regulations
• Frequently Asked Questions related to BOE's FY 2004-2005 water right fee invoices (Notices of Determination)
• September 8, 2004, Public Workshop Presentation: Proposed Water Right Fees – FY 2004-2005
• SWRCB Proposed Emergency Regulations: Amendments to Division 3 of Title 23 of the California Code of Regulations
• SWRCB Draft Resolution No. 2004: Adopting Emergency Regulations Revising the SWRCB's Water Right and Water Quality Certification Fee Schedules in Title 23, Division 3, of the California Code of Regulations
• SWRCB's September 8, 2004, Workshop Agenda and Item 7 - Fact Sheet (Consideration of Proposed Resolution Adopting Emergency Regulations Revising the SWRCB's Water Right and Water Quality Certification Fe Schedules in Title 23, Division 3, of the California Code of Regulations)
• Fiscal Year 2004-2005 Proposed Fee Schedule
• Ad Hoc Stakeholders Working Group
• May 17, 2004, Public Workshop Presentation: Water Right and Water Quality Certification Fees – Fiscal Year 2004-2005
• April 12, 2004, Notice of Public Workshop: Regarding possible revisions to the SWRCB's fee schedule for water right and water quality certification programs

Fee Information (Fiscal Year 2003-2004)

• So, you received a January 8, 2004, Notice of Determination (Water Right Fee Bill) and a January 14, 2004, letter from the Board of Equalization. Here are some answers to Frequently Asked Questions (FAQs)
• December 23, 2003, the Office of Administrative Law (OAL) approves the Emergency Regulations: Establishing Water Right and Water Quality Certification Fee Schedules in Title 23, Division 3 of the California Code of Regulations
• December 15, 2003, the SWRCB adopts Resolution 2003-0077: Adopting Emergency Regulations Establishing Water Right and Water Quality Certification Fee Schedules in Title 23, Division 3 of the California Code of Regulations
• December 15, 2003, the SWRCB holds its public Board Meeting
  • Board Meeting Agenda - Item's Fact Sheet
  • Fee Schedule Summary
• December 3, 2003, the Department of Finance issues its Approval of Request for Exception Under Executive Order S-2-03
• October 14, 2003, the SWRCB issues a Notice of Public Workshops: Regarding Proposed Revisions to the State Water Resources Control Board's Fee Schedules for Water Right and Water Quality Certification Programs
  • Frequently Asked Questions regarding water right fees
  • Water Right Fee Proposal
• October 8 & 9, 2003, Governor approves Senate Bill 1049 and the bill is filed with the Secretary of State