Temporary Urgency Change Petitions

To change their water right, the petitioner must follow these steps:

1. Review Program Criteria and Limitations. The prospective petitioner reviews the information about the program to determine if the petition is appropriate. A call to the State Water Board's Division of Water Rights at (916) 341-5300 may be helpful.
2. Submit a Petition. The process is initiated when a temporary urgency change petition is filed by the petitioner. This petition specifically describes the proposed changes to the project. Because the Board must consult with the Department of Fish and Wildlife prior to approving the petition, the petitioner should provide them with a copy of the petition. A key component of this type of petition is the petitioner needs to explain why they have an urgent need to make the change.
3. Review of the Petition Form. The State Water Board notifies the petitioner shortly after receipt if the petition is incomplete.
4. Environmental Review. Consideration of environmental effects is required by the California Environmental Quality Act before a change petition can be issued. The Board examines the proposed project's potential environmental impacts and determines whether mitigation measures will be needed. In addition to any obligation the State Water Board may have under the California Environmental Quality Act, the State Water Board has an independent obligation to consider the effect of the proposed project on public trust resources and to protect those resources where feasible.
5. Public Notice and Objection Consideration. A temporary urgency change may be issued prior to giving public notice of the application. The State Board issues a notice of the petitioner's intent. The petitioner may need to take actions to ensure the notice is properly posted, which may include publishing the notice in a local newspaper. The State Water Board will consider any objections that have been filed, which may require additional information from the petitioner. If necessary, a formal hearing is held before one or more members of the State Water Board. The State Water Board's decision is based upon the record produced by the hearing.

During the review process and before issuance, the Board will be looking for several requirements regarding the project and petition.

• Change does not initiate a new water right;
• The petitioner has an urgent need for the proposed change;
• Change can be made without injuring other legal users of water, and
• Change can be made without unreasonable effect upon fish, wildlife or other instream beneficial uses;
• Change is in the public interest, a concept that is an overriding concern in all Board decisions.
• The revised water right is then issued if the State Water Board determines that the proposed change meets these criteria. If it determines otherwise, conditions may be imposed to ensure they are satisfied or the petition may be denied.