In addition to the Frequently Asked Questions listed below, the Division of Water Rights maintains a Frequently Asked Questions Portal.
If you have questions after reviewing the answers on this webpage, you may contact the Division of Water Rights at (916) 341-5300.
What happens if I file a petition for change or a petition for extension of time?
Before approving any change petition, the State Water Board must find that the change will not injure any legal water user (including any water right holders who are junior in priority and anyone who contracts with a legal water user) and that the change will not have unreasonable effects on fish or wildlife.
The law requires that water supply projects be diligently constructed and used. Before approving a petition for time extension, the State Water Board must determine that good cause exists to approve the time extension. We will review the petition to determine whether we can make this finding. Good cause does not normally exist if the project was not developed because of a lack of financing or for other reasons that involve the water right holder, rather than the project.
If a petitioned change or time extension has the potential to impact other water users or the environment, we will inform those who have requested notification about the petition. The petitioner is usually required to notify the Department of Fish and WIldlife of the proposed change. Other water right holders and the public may object to the proposed change by filing a protest form with the State Water Board. Because the State Water Board has discretion over whether or not to approve the requested petition, we must comply with the California Environmental Quality Act (CEQA) before approving the change or extension petition.
The petitioner generally will be required to hire a consultant to prepare any environmental document required by CEQA, to pay for the cost of preparing the document, and to provide enough information to allow the State Water Board to make the required findings. Before we can approve the petition, all protests must be resolved, either through negotiation or by the State Water Board following an investigation or hearing, depending on how much water is involved.
How long will it take to get my petition for change or extension approved?
It depends on the change or time extension you are requesting. If the change is minor, it could take three months. If the change is major or controversial, it will take longer. The most controversial changes can take as long as 10 years to process, but most don't take that long.
What type of change can I request?
You can request to change the point of diversion, purpose of use, place of use or other terms and conditions of your permit or license.
How do I request a temporary urgency change?
You may request a temporary urgency change by completing a Petition for Change Form, and mailing it to the State Water Resources Control Board's Division of Water Rights at PO Box 2000, Sacramento, CA 95812-2000. If you are facing an imminent threat to public health due to drought, notify staff by writing a note at the top of your petition form "Imminent threat to public health."
How much will it cost?
Filing fees for temporary urgency change petitions start from a minimum of $1,000 for diversions of 10 acre-feet or less. Filing fees may change so please refer to the Division of Water Rights Fee Schedule for more information.
What does the State Water Board need in order to issue a temporary change order?
The State Water Board must be able to make the following findings in order to issue a temporary urgency change order: (i) the petitioner has an urgent need for the change; (ii) the proposed change will not cause injury to any lawful water user; (iii) the proposed change is in the public interest, and (iv) the proposed change will not result in an unreasonable effect on fish, wildlife, or other instream resources.
How long will it take?
The State Water Board will make every effort to process drought-related, temporary urgency change petitions as quickly and efficiently as possible. Processing time will vary by the complexity of the change requested, the completeness and accuracy of information provided in the change petition, and the potential for adverse effects on other water users and public trust resources such as fish and wildlife. The Division of Water Right's goal is a 30-day processing time for initial action on drought-related temporary urgency change petitions. If granted, the change is authorized in a temporary urgency change order. Public noticing can occur after the Order is issued. Here are some examples of recent temporary urgency change notices and orders.
What if I have questions?
If you would like to discuss your particular situation with a staff person who works in your geographic area, see the permitting and licensing staff contact information provided here.
What exactly are water transfers?
Water transfers are usually arrangements between two parties, one with a surplus water supply and one in need of additional water. These two parties reach a mutually acceptable arrangement regarding price and quantity.
What types of change can I request under the temporary water transfer program?
Current right holders can petition to temporarily change the point of diversion, place of use, or purpose of use to facilitate a transfer.
How do I request a temporary water transfer?
You may request a temporary water transfer by completing a Petition for Change Form and mailing it to the State Water Resources Control Board Division of Water Rights at PO Box 2000, Sacramento, CA 95812-2000. If you are facing an imminent threat to public health due to drought, notify staff by writing a note at the top of your petition form "Imminent threat to public health."
How much will it cost?
The filing fee for a change petition involving a temporary transfer of water is $2,000 plus $0.30 for each acre-foot of water that the petitioner seeks to transfer in excess of 10 acre-feet. Filing fees may change so please refer to the Division of Water Rights Fee Schedule for more information.
What does the State Water Board need in order to issue a temporary transfer order?
Current law allows transfers of water involving the amount of water that would have otherwise been consumptively used or stored by the water right holder in the absence of the proposed temporary change. Prior to issuing a temporary transfer order, the State Water Board must find, and may impose conditions to ensure, that the proposed transfer will not cause injury to any lawful water user and will not result in an unreasonable effect on fish, wildlife, or other instream beneficial uses.
How long will it take?
The State Water Board will make every effort to process drought-related, temporary water transfer petitions as quickly and efficiently as possible. The Water Code requires public notice of the petition to be provided within ten days of the date of submission of the petition to the State Water Board, and requires the State Water Board to render a decision on the petition not later than 35 days from the date of public notice or the date the State Water Board commenced an investigation of the petition (whichever is later). The Water Code further provides for extensions to these deadlines under certain conditions. The Division of Water Right's goal is a 60-day processing time for action on a temporary transfer petition. Processing time will vary by the complexity of the change requested, the completeness and accuracy of information provided in the change petition, and the potential for adverse effects on other water users and public trust resources such as fish and wildlife.
What other parties may be involved in temporary transfer approval?
Depending on your water right and where the water will be transferred to, you may need to contact California Department of Water Resources or U.S. Bureau of Reclamation.
What if I have questions?
If you would like to discuss your particular situation with a staff person who works in your geographic area, see the permitting and licensing staff contact information provided here.
Who can file a wastewater change petition?
Only the owner of a wastewater treatment plant can file a petition. For example, if water is delivered from a private water company for use in a city, and the water then goes into the county wastewater treatment facility, the county is the only party that can file a petition. The private water company cannot.
Which wastewater reuse projects require a wastewater change petition?
If a wastewater facility has been discharging into a watercourse, the owner of the wastewater treatment plant needs to file a petition prior to changing the place of discharge or reducing the discharge for the purpose of re-using the water. For example, a water re-use project that will use treated wastewater to irrigate a city park instead of continuing to discharge the wastewater into a river will require an approved petition. The new place of use is the park, and the new purpose of use is irrigation.
As clarified below, a petition is not needed for changes in the discharge or use of treated wastewater that do not result in decreasing the flow in any portion of a watercourse, or when the discharge is directly to the ocean or a bay. Also, reductions in discharge associated with reduced plant influent due to water conservation measures are not subject to the petition requirement.
How does the wastewater change petition process fit into the overall project planning process?
To avoid delays in implementing wastewater recycling projects, it is important to coordinate the wastewater petition with other approvals needed for the re-use project. The Division of Water Rights (Division) recommends that this coordination process include pre-consultation with fisheries agencies, downstream water users (this information is available on the Division's eWRIMS public database) and other interested parties on potential impacts of the reduced flows. It also includes soliciting input from the Division about the project during scoping of the California Environmental Quality Act (CEQA) document.
The plant owner should file the petition early enough in the planning process to provide time for issuing public notice of the petition and addressing any protest before the applicant intends to begin construction. A protest sets forth the protestant's objections to approval of the petition. The procedures for addressing protests are set forth in the California Code of Regulations, title 23, section 1701.3 et seq. However, it is our experience that public understanding of the project is much better if the draft CEQA document is included with the public notice, and that filing a petition before the CEQA document is available does not result in an earlier decision on the petition.
What issues should be evaluated in the CEQA document to enable the Division to act on a petition?
It is important to solicit input from the State Water Resources Control Board as a responsible agency in the CEQA process. The petition should identify the extent, if any, to which fish and wildlife would be affected by the change, and a statement of any measures proposed to be taken for the protection of fish and wildlife in connection with the change. Therefore, the CEQA document must include an evaluation of any impacts from the reduced flows. Depending on the individual situation, the Division's review may also require evaluation of other impacts, such as secondary impacts from changing water uses, and groundwater recharge.
What actions does the Division take to process wastewater change petitions?
If the proposed project has the potential to impair the water supply of other legal users of water or instream beneficial uses, the Division notices the petition with a 30 day comment period. This provides opportunity for interested persons to notify the Division whether approval of the change petition would interfere with any valid rights to the portion of the discharge resulting from native flows and if the petition raises environmental concerns. Native flows do not include imported or stored water. In all other cases, petition noticing is not required.
To approve a petition, the Division must be able to find that the proposed change will not injure any other legal users of water and that the change complies with the requirements of the Fish and Game Code and the federal Endangered Species Act. Also, the Division must find that the requirements of CEQA have been met. Resolution of protests (settlement, dismissal or cancellation) is required in order to make the findings necessary for approval of a petition.
What are some examples of where a petition is not required for a wastewater recycling program?
- If a treatment plant currently discharges directly to a bay or the ocean and will be re-using a portion of the water, a petition is not needed, even where the discharge is reduced.
- If a treatment plant currently discharges to off-stream wastewater percolation ponds that do not contribute to streamflow and plans to re-use a portion of the water instead of percolating it, a petition is not needed.
- Some treatment plants have never discharged to a stream. Re-use projects that are designed to use the treated wastewater from such facilities do not require a petition, provided that there will not be any reductions to instream flow.
- The quantity of water treated at a facility is not static, but may increase over time. If a treatment plant discharges to a stream, but only plans to use increased flow that has never been discharged to the stream for a re-use project, a petition is not required. This only applies to the flow that has not been discharged to the stream. For example, if an existing wastewater treatment plant expands its service to a new subdivision that plans to import water from another watershed, no wastewater change permit is necessary to deliver the increase in treated water.
Do I need to file a petition if I discharge to a surface stream, and will be reducing instream flows, but the stream is subject to tidal influence?
Any reduction in instream flows in a watercourse triggers the need to file a petition. The Water Code provisions related to wastewater change petitions do not provide exceptions due to poor water quality, tidal influence, or other factors.
What if the re-use project uses the stream channel to convey the treated wastewater before re-use?
Water Code section 1211, which covers wastewater change petitions, does not affect the requirement to have or obtain a water right in order to divert from a natural watercourse. Therefore, unless the diverter already has a right to divert the wastewater, this type of project requires a water right application in addition to any wastewater change petition required. The process, timeline, and CEQA requirements for a water right application and for a wastewater petition are similar, but not identical. For more information on water right applications, please see here:
How does a Wastewater Change Petition Order affect any Regional Water Quality Control Board (Regional Board) requirements regarding discharged treated effluent?
Approval of a wastewater change petition does not release parties from the obligation to comply with any Regional Board requirements applicable to the new project, such as orders related to any treated wastewater that continues to be discharged to a surface stream or irrigation Waste Discharge Requirements.
Is this type of petition only needed when a project seeks funding under the Water Recycling Funding Program?
No, these Water Code provisions apply regardless of whether the party is seeking financial assistance for their project.
How does the Division determine whether any of the treated wastewater will need to remain instream to satisfy downstream water rights?
The Division notifies downstream legal users of water and the public of the petition to allow them to raise any concerns about interference with water use. The Division analyzes whether downstream diverters have a valid claim to the treated wastewater, and if this claim could be met if the petition were approved. This analysis focuses on the source of the wastewater before it arrived at the treatment plant. If the water entering the treatment plant is natural to the stream system, legal users of water could suffer interference with their rights if it were no longer available.
If the water is imported from another watershed (for example), the legal user of water may be considered to have recaptured the water rather than abandoning it to the stream system. The local water users may not be able to claim interference with their water rights for projects involving re-use of foreign water.
What is evaluated in determining whether any of the treated wastewater will need to remain instream to satisfy environmental concerns?
The Division evaluates all claims of instream water needs. All petitioners must send a copy of the petition to the California Department of Fish and Wildlife (CDFW). Information on flow needs may be obtained from CDFW, the CEQA document, protestants, and other sources during public trust review of the project.
Some stream system's flows and the associated ecosystems are dependent on wastewater discharge during portions or all of the year. Due to the variability of stream conditions and species involved, the scope of the analysis is determined on a case-by-case basis.
Do the provisions governing changes in discharge of treated wastewater set forth in Water Code sections 1210-1212 apply to discharges under an NPDES permit that are not from a wastewater treatment plant?
No, these Water Code provisions apply only to discharges from a wastewater treatment plant. The provisions of sections 1210-1212 do not apply to other discharges under an NPDES permit, such as an NPDES permit issued to an industrial facility.
What if the Division previously approved a wastewater change petition for a project, and the treatment plant owner now wants to change the place of use or purpose of use?
There is no need to obtain another wastewater change petition, unless the proposed project will be further reducing instream flows as a result of the water re-use project. If there will be a further reduction in instream flows, a wastewater change petition must be filed. Otherwise, the previous Division order can be modified through the standard change petition process.
If I am going to pursue a wastewater change petition in the Policy area, what is my first step?
As discussed in the Frequently Asked Questions, you are encouraged to coordinate with the Division of Water Rights (Division) as part of the pre-consultation process. Division staff can assist you with understanding the requirements of the Policy and the wastewater change petition process. To facilitate this discussion, you should begin to complete the Petition for Change form and Environmental Information form. In addition, you should compile information demonstrating whether and how there is a potential for the change to impair instream beneficial uses due to a decrease in flow. This information should be submitted with your petition forms and the appropriate filing fee. The Deputy Director for Water Rights will consider the information you compile when determining whether the proposed change has the potential to impair instream beneficial uses due to a decrease in flow.
What happens if the Deputy Director determines the change has the potential to impair instream beneficial uses?
Changes that have the potential to impair instream beneficial uses due to a decrease in flow (with the exception of changes on a flow regulated main stem river) must be evaluated using the Cumulative Diversion Analysis (CDA) methods established in the Policy. Accordingly, you would need to prepare a CDA to evaluate the stream reaches potentially affected by the proposed change. Division staff will review the analysis upon submittal and determine whether and subject to what conditions the petition should be approved based on the analysis results. For projects with the potential to impair instream beneficial uses on a flow regulated main stem river, the CDA requirement does not apply, but other aspects of the Policy may apply. You should consult with Division staff regarding the procedures and analysis required to process your petition.
What is a Cumulative Diversion Analysis (CDA)?
The Policy utilizes a CDA to evaluate whether or not a proposed project, in combination with senior diversions, adversely affects the instream flows needed for the protection of fishery resources. Procedures for preparing a CDA are contained in Appendices A and B of the Policy. A wastewater change petition is different from an appropriative water right in that the wastewater change petition is not requesting a withdrawal from a surface water body. For purposes of the CDA, however, any reduction in discharge rates or volumes to a surface water body will be treated as a demand on current instream flows, analogous to a diversion. This is because the reduced discharge will cause a decrease in instream flows. The "demand" associated with a reduced discharge will be treated as the most junior priority demand in a watershed.
