Water Rights and Water Quality Certification Fees Program

FREQUENTLY ASKED QUESTIONS - FY 2004-2005

Questions Related to the Board of Equalization's (BOE) Notice of Determination
(water right fee bill)
Questions Related to Your Water Rights

Questions Related to the Board of Equalization's (BOE) Notice of Determination (Water Right Fee Bill)

Q. Who do you call if I have questions related to the payment of my water right fee invoice?

A. Any questions regarding your payment should be directed to the State Board of Equalization at the following number:

If the last two digits of your BOE Account number is between:

00-49, please call (916) 324-2290
50-99, please call (916) 445-1623

Questions Related to Your Water Rights

Why is it important to notify the State Water Board when my mailing address changes, or the ownership of the water right changes?
How do I change the ownership of my water right?
How do I change the primary owner or the agent that represents the owner(s) of my water right?
Will I be notified when the Division changes the ownership of my water right?
Why am I still receiving a fee bill when I already submitted an ownership change for my water right?
How can I access the Division’s water right database to determine who owns a particular water right?
Can I review my water right file?
What sections in the California Code of Regulations pertain to the ownership of water rights and the requirements or procedures for changes in water right ownership and addresses?

Q. Why is it important to notify the State Water Board when my mailing address changes, or the ownership of the water right changes?

A. Sections 830 and 831 of Title 23 of the California Code of Regulations require an owner of an application, permit or license to immediately inform the State Water Board of any change in address or ownership. In dealing with all water right matters, the State Water Board’s Division of Water Rights (Division) mails all correspondence, reports and notice(s), including the annual water right fee, to the most recent owner and address shown on the Division’s record.

If a water right owner fails to inform the State Water Board of a change in ownership or address, the State Water Board may assess the annual water right fee to the owner and address shown on its record even if that owner sold the property served by the water right prior to the assessment of the fee. The State Water Board’s regulations specifically provide that if the identity of a fee payer changes before a water right fee assessment is issued, the previous fee payer is responsible for paying the fee unless he or she notified the State Water Board of the change at least 10 days before the fee was assessed. (See Cal. Code Regs., tit. 23, § 1074(c).)

Q. How do I change the ownership of my water right?

A. You can change the ownership of a water right by providing a notice to the State Water Board that identifies (1) the water right application number and either the permit or license number and (2) the name and address of the new owner. The notice can be in the form of a letter or an Ownership Assignment Form, which is available from the Division’s web site. If more than one water right is involved in the ownership change, your notice must clearly identify each water right by its application number and either the permit or license number.

Please mail your notice to the State Water Board at:

State Water Resources Control Board
Division of Water Rights, 14th Floor
P.O. Box 2000
Sacramento, CA 95812

If you prefer to fax in your notice, please fax it to (916) 341-5400.

You may also file your notice in person at the State Water Board’s Division Records Office on the second floor of the Joe Serna, Jr./California Environmental Protection Agency (Cal EPA) Building from 8:00 a.m. till 5 p.m., Monday through Friday. The address is:

Joe Serna, Jr./Cal EPA Building
State Water Resources Control Board
Division of Water Rights Records Office, 2nd Floor
1001 “I” Street
Sacramento, CA 95812

For more information, please call (916) 341-5300.

Q. How do I change the primary owner or the agent that represents the owner(s) of my water right?

A. If multiple owners hold a water right, they must designate a single person to serve as the primary owner or agent that deals with all water right matters, including the fees. You may change the primary owner or agent by providing a notice to the State Water Board that identifies (1) the application number and either the permit or license number and (2) the name and address of the new agent. The statement can be in the form of a letter or an Agent Assignment Form, which is available from the Division’s web site. All co-owners of the water right must sign the Agent Assignment Form before mailing or faxing to the Division. Please submit your notice to the State Water Board at the address or fax number above.

Q. Will I be notified when the Division changes the ownership of my water right?

A. Yes. The Division will mail an ownership assignment letter to the new owner and mail a copy of that letter to the previous owner of record. The ownership assignment letter is the Division’s “official” notice to both the previous and new owners that the Division’s ownership records have been changed.

Q. Why am I still receiving a fee bill when I already submitted an ownership change for my water right?

A. If the owner of an application, permit or license notifies the State Water Board of the name and address of the new owner of the water right at least ten days before the fee assessment is issued by the State Board of Equalization, the new owner of the water right is responsible for paying the water right fees. Otherwise, the previous owner (i.e., the owner of record) is responsible for paying all fees assessed for the water right. Annual water right fees are based on the fiscal year, which runs from July 1 through June 30 of the following year.

The first assessment of annual water right fees for a fiscal year usually occurs in late September or October; however, the date that the assessment is issued may vary depending on when the State budget is enacted and other factors.

Q. How can I access the Division’s water right database to determine who owns a particular water right?

A. You can access an abbreviated version of the Division’s Water Right Information Management System (WRIMS) database via the Division’s web site. At the web site, you can apply by email for a user identification number and password, which will allow you entry into the database.

Q. Can I review my water right file?

A. Yes. You can review your water right file at the Division’s Records Office on the second floor of the Cal EPA Building from 8:00 a.m. till 5 p.m., Monday through Friday. You do not need an appointment to review your file, but the Division requests that you call ahead at (916) 341-5421 to ensure that records staff are available to help you. The address is listed above.

Q. What sections in the California Code of Regulations pertain to the ownership of water rights and the requirements or procedures for changes in water right ownership and addresses?

A. See the following sections of Title 23, California Code of Regulations:

§691 Joint Applications
§707 Legal Nature, Name and Address of Applicant
§830 Procedure on Change in Address
§831 Notice to Board of Changes in Ownership
§832 Contests as to Ownership
§833 Presumption Based on Ownership of Place of Use
§834 Presumption that Water Right Passes upon Foreclosure Sale
§835 Presumption upon Termination of an Option or Lease Relative to Real Property
§1074(c) Administration of Fees and Expenses

These regulations are available at www.calregs.com or on request from the Division.

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