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California Legislative Counsel Bureau California. Secretary of State.

Amendments to the Constitution and proposed statutes : with arguments ... online

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fty; if for mining purposes, it shall give, in addition to the gen-
hd requirements prescribed above, the nature and location of
he mines to be served and the methods of supplying and
tilizing the water. All applications shall be accompanied by
b many copies of such mt^s, drawings, and other data as may
k prescribed or required by the state water commission, and
Dfh maps, drawings, and other data shall be considered as
tart of the application. If any permittee or licensee, or the
birs, successors, or assigns of any permittee or licensee, desire
to diange the point of diversion fh)m the point of diversion
pecified in the original application, or after the granting of
joy permit or license, such change or changes may be made
bly upoa the permission of the state water commission; pro-
Ided. that, before granting such permission, such applicant
■ost establish, to the satisfaction of the state water com-
|dssi(Hi, and such commission must so find, that such change in
he place of diversion will not operate to the injury of any other
ppnqxiator or legal user of such waters befwe permittirig such
liange in the place of the diversion. Upon receipt of appli-
Bation for permission to make such change in the place of
Ihrerslon, the commission shall, by order, fix a time within
ifaich any person interested may appear in opposition to such
tpplication, and such applicant shall, if the commission so
■equire, cause to be published at least once a week for four
Bcnsecutive weeks, in a newspaper or newspapers of general cir-
culation in the county in which is situated both the old and
tMw points of diversion, a copy of said order. Proof of such
publication shall be by affidavit of the publisher of such news-
paper. Should any objection be made to the change in point of
diversion so aPPUed for, the state water commiasioQ shall fix a
time for the hearing of said appUcatioa and of the objections
thereto, which time shall be not less than thirty days nor more
than sixty days after the period of said publication, and upon
inch hearing the said eommlssloa shall grant or refuse, as the
facts shall warrant, such permission to change place of diversion.



See. If. Any person, firm, association or corporation may
apply for and secure from the state water commission, in con-
formity with this act and in conformity with reasonable rules
and regulations adopted from time to time by the state water
commlfwlftp, a permit for any unappropriated water or for water
which haidiig been appropriated or ustd flows back into a stream,
lake tf other body of water wlthia this state. And any appli-
eatiOQ 80 made shall give to the applicant a priority of right as
of the date of said application to such wat^ or the use thereof
until such application shall have been approved or rejected by
said commission; provided, that such priority shall continue only
so long as the provisions of law and the rules and regulations
of the water commission shall be followed by the applicant.
Upon the approval of any application by the commission, said
approval shidl give priority of right as of the date of said appli-
cation, and shall i^ve the right to take and use the amount of
water specified in said approval until the issuance by the state
water commission of a license for the use of said amount of
water, or until the said commission refuses to issue said license.
But the approval of any application shall give the right to take
and use water only to the extent and for the purpose allowed in
said approval; provided, that any defective application made In
a bona fide attempt to conform to the rules and regulations of
the state water commission and to the law shall secure to the
applicant a priority of right as of the date of said application
until he shidl have been notified by said commission in what
respect his application is defective. And said applicant shall
be allowed sbcty days after notice of said defect in which to
file an amended and perfected application. If, \«1thin said sixty
days, said applicant shall not file an amended and perfected
application, said priority of right shall cease and determine, im-
less for good cause shown the state water commission shall
allow said applicant to file a further amended and perfected
application; provided, also, that any priority of right secured
under this section shall not be effective for more than thirty
days after service of notice of such approval, personally or by
registered mail, on the applicant, unless within said period of
thirty days a true copy of said approval upon which such priority
Is based shall have been filed in the office of the recorder of the
county or city and county in which the water is to be diverted,
and, within ten days thereafter, a certificate of such filing by
the county recorder is also filed with the state water commission.

Sec 18. Actual construction woit upon any project shall
begin within such time after the date of the approval of the
applicatioa as shall be specified in said approval which time
shall not be less than sixty days from date of said approval,
and the construction of the work thereafter shall be prosecuted
with due diligence in accordance with this act, the terms of the
approved application, and the rules and regulations of said com-
mission; and said woiic shall be completed in accordance with
law, the rules and regulations of the state water commission,
and the terms of the approved application and within a period
specified in the permit; but the period of completion specified in
the permit may, for good cause shown, be extended by the state
water commission. And if such work be not so commenced,
prosecuted and completed, the water commission shall, after
notice in writing and mailed in a sealed, postage-prepaid and
registered letter addressed to the applicant at the address given
in his application tor a permit to appropriate water, and a
hearing before the commission, revoke its approval of the appli-
cation. But any applicant, the approval of whose ^plication
shall have been thus revoked, shall have the right to bring an
action in the superior court of the county in which is situated
the point of iH*oposed diversion of the water tor a review of the
order of the commission revoking said approval of the i^)plica-
tion. And thirty days after the revocation of said permit all
rights of the said permittee under said permit shall cease and
lapse, unless said permittee shall within said thirty days after
said revocation bring an action in the superior court for a review
of the order of revocation. The priority of right of any per-
mittee so bringing an action shall continue under said permit
witil a final judgment is rendered as to the reasonableness of
the revocation of said permit. But until and unless the revo-
cation of the permit shall be finally decreed by such court,
the penniltee shall not take or use any of the water the right
to take find use which is granted by said permit

Sec. 19. Immediately upon completion, in accordance with
laVj tha rules aiul regulatiiHis of the state water commission,
and tb0 terms of the permit, of the project under such applica-
tion, the bolder of a permit for the ri^t to appropriate water

Forty-five



shall report said completion to the state water commission.
The said commission shall immediately thereafter cause to be
made a full inspection and examination of the works constructed
and shall determine whether the construction of said works is
in cmformity with law, the terms of the approved application,
the rules and regulations of the state water commission, and
the permit, llie said water commission shall, if said deter-
mination is favorable to the applicant, issue a license which
shall give the right to the diversion of such an amount of water
and to the use thereof as may be necessary to fulfill the pur-
pose of the approved application. Said license shall be in
such form as may be prescribed by the state water commission
under the provisions of this act. But if the said commission
shall find, upon inspection and examination of the works con-
structed, that the construction and condition of said works are
not in conformity with the law, the rules and regulations of
the state water commission, the term? of the approved applica-
tion and the terms of the permit, then and in that case the
said commission may, after due notice in writing and in the
manner provided in sections one thousand and eleven, one
thousand and twelve, and one thousand and thirteen of the
Code of Civil Procedure to the applicant or the holder of the
permit, and a public hearing thereon, refuse to issue said li-
cense. And thirty days after the refusal of said commission
to issue said license all rights of the applicant and the holder
of the permit under said application and permit shall lapse and
cease. But the holder of any permit to whom the said water
commission may have refused to issue said license, shall have
the right to brUig an action within thirty days after the said
refusal, in the superior court to review said order and to obtain
a decree requiring the issuance of such license. And the rights
of the holder of any permit so bringing an action shall continue
under said permit until the decree in such action has been
entered and become final. But until the refusal of the com-
mission to' issue said license shall be finally determined by the
courts, the permittee shall not take or use any of the water, the
taking and using of which is granted to him by said permit
And if the holder of any permit which has been revoked by the
state water commission shall not bring an action within said
thirty days in the superior court to determine the validity of
said revocation, then and in that case all rights of the applicant
and of the holder of said permit shall lapse and cease.

Sec. 20. All permits and licenses for the appropriation of
water shall be under the terms and conditions of this act, and
shall be effective for such time as the water actually appro-
priated under such permits and licenses shall actually be used
for the useful and beneficial purpose for which said water was
appropriated, but no longer; and every such permit or license
shall include the enumeration of conditions therein which in
substance shall include all of the provisions of this section and
likewise the statement that any appropriator of water, to whom
said permit or license may be issued, shall take the same sub-
ject to such conditions as therein expressed; provided, that if,
at any time after the expiration of twenty years after the
granting of a license, the state, or any city, city and county,
municipal water district, irrigation district, lighting district,
or any political subdivision of the state shall have the right
to purchase the works and property occupied and used under said
license and the works built or constructed for the enjoyment of
the rights granted under said license; and in the event that the
said state, city, city and county, municipal water district, irri-
gation district, lighting district or political subdivision of the
state so desiring to purchase and the said owner of said works
and property can not agree upon said purchase price, said price
shall be determined in such manner as is now or may hereafter
be determined in eminent domain proceedings. If it shall ap-
pear to the state water commission at any time after a permit
or license is issued as in this act provided; that the permittee
or licensee, or the heirs, successors, or assigns of said per-
mittee or licensee, has not put the water granted under said
permit or license to the useful or beneficial purpose for which
the permit or license was granted, or that the permittee or
licensee, or the heirs, successors, or assigns of said permittee or
licensee, has ceased to put said water to such useful or bene-
ficial purpose, or that the permittee or licensee, or the heirs,
Fuccessors or assigns of said permittee or licensee, has failed
to observe any of the terms and conditions in the permit or
license as issued, then and in that case the said commission,
after due notice to the permittee, licensee, or the heirs, suc-
cessors or assigns of such permittee or licensee, and a hearing
Forty-aix



thereto, may revere said pomit or license and declare the
water to be unappropriated and open to further approinlation
in accordance with the terms of this act. And the findings
and declaration of said commission shall be deemed to be
prima facie cinrect until modified ot set aside by a coist of
competent jurisdiction; provided, that any action brought so to
modify or set aside such finding or declaration must be com-
menced within thirty days after the service of notice of said
revocation on said permittee or licensee, his heirs, successors
or assigns. And every licensee or permittee under tlie provisions
of this act if he accept such permit or license shall accept the
same under the conditions precedent that no value wliatsoever in
excess of the actual amount paid to the state therefor shall at
any time be assigned to or claimed for any permit or license
granted or issued under the provisions of this act, or for any
rights granted or acquired under the provisions of this act. In
respect to the regulation by any competent public authority of
the services or the price of the services to be rendered by any
permittee or licensee, his heirs, successors or assigns (m* by the
holder of any rights granted or acquired under the provisions of
this act, or in respect to any valuation for purposes of sale to or
purchase, whether through condemnation proceedings m* other-
wise, by the state or any city, city and county, municipal water
district, irrigation district, lighting district or any political sub-
division of the state, of the rights and property of any permittee
or licensee, or the possessor of any rights granted, issued, or
acquired under the provisions of this act. The application for
a permit by municipalities for the use of water for said mn-
nicipalities or the inhabitants thereof for domestic purposes
shall be considered first in right. Irrespective of whether they
are first in time; provided, however, that such application for
a permit or the granting thereafter of pmnission to any munici-
pality to appropriate waters, shall not authorize the appro-
priation of any water tor other than municipal purposes, and
providing further that where permission to appropriate is granted
by the state water commission to any municipality for any
quantity of water in excess of the existing municipal needs
therefor, that pending the application of the entire appropria-
tion permitted, the state water commission shall have the powv
to issue permits for the temporary appropriation of the excess
of such permitted m)propriation over and above the quantity
being applied from time to time by such municipality; and pro-
viding further, that in lieu of the granting of such temporary
permits for !4)proiHlation, the state water commissitm may
authorize such munieipality to become as to such surplus a
public utility, subject to the jurisdiction and control of the
raikoad commission of the State of California for such period
or periods from and after the date of the issuance of such per-
mission to appropriate, as may be allowed for the application
to municipal uses of the entire appropriation permitted; and
provided, further, that when such municipality shall desire to
use the additional water granted in its said application It may
so do upon making just compensation for the facilities for
taking, conveying and storing such additional water rendered
valueless for said purposes, to the person, firm or corporation
which constructed said facilities for the temporary use of said
excess waters, and which compensation, if not agreed upon
between the municipality and said person, firm or corpwatiiHi,
may be determUied in the manner provided by law for deter-
mining the value of property taken by and through eminent
domain proceedings.

Sec. 21. Nothing herein contained shall be c(»istrued to
deprive the state or any city, city and county, municipal water
district, irrigation district, lighting district w political sub-
division of the state, or any person, company or corporation
of any rights which, under the law of this state they may
have, to acquire property by or through eminent domain pro-
ceedings.

Sec. 22. Licenses hereafter granted for water or use of
water shall be subject to the right of the state to impose the
fees and charges provided in this act.

Sec. 23. Every person, firm, association ot cmporation
making application for a permit to appropriate water or the
use of water under this act shall pay to the state water com-
mission, at the time of filing said application, if the purpose
or use is for the generation of electricity, or electrical or other
power, a fee of two dollars and fifty cents for each theoretical
horsepower capable of being developed by the works up to one
hundred theoretical horsepower, with a minimum fee of twenty-
five dollars, and above said one hundred the(X«tical horsepower



fee shall be five hundred dollars up to and Including tea
sand theoretical horsepower, and one thousand dollars above
thousand theoretic^ horsepower capable of being so de-
led or a fee of ten dollars if the purpose be other than
the generation of electricity, or electrical or other power.
r person, Ann, association m corporation at the time of
ving a license to appropriate water or the use of watw, if
purpose be for the generation of electricity, or electrical
ther power, shall pay to said commission when the said
se is issued, and annually thereafter, a charge of twenty-
cents for each theoretical horsepower capable of being de-
led by the proposed wcnts. If the purpose of use is fw
r than the generation of electricity, or electrical or other
r, every person, firm, association or corporation receiving
!ense to appropriate water shall pay to the said commission
I said license is Issued, and annually thereafter, a charge
en cents per miner's inch for each miner's inch specified in
license, and for the purpose of this act forty miner's
63 shall be equivalent to one cubic foot per second. Pro-
i however, that no annual diarge shall be made v^en tlie
(^riation is made for use for irrigation purposes upon lands,
exceeding one hundred and sixty acres in area, to be
Illy occupied by such appropriate and cultivated in whole
i part by him, or when said water is used for mining pur-
s, and the amount of water so used for such mining pur-
i does not exceed five hundred miner's inches, or when
water is used tat the generation of power when the same
not exceed fifty horsepower and is for the private use of
appropriator. And all such fees and charges shall forth-
be paid into the state treasury by the state water com-
ion, and the fee and annual charges provided in this sec-
sball be subject to change by law at not less than ten
intervals beginning with the date of the license issued by
state water commission.

tt. 24. Upon its own Initiative or upon petition signed
me or more claimants to water or the use of water upon
stream, stream system, lake, or other body of water, re-
Itlng the ascertainment of the relative rights of the various
feants to the water or the use of water of that stream,
un system, lake or other body of water, it shall be the
r of the state water commission, if, upon investigation it
I the facts and conditions are such as to justify, to make
BcerUinment of the said rights, fixing a time for the begin-
I of the taking of testimony and the making of such inves-
tion as will enable it to ascertain the rights of the various
■ants. In case suit Is brought in the superior court for
njination of rights to water w the use of water, the case
', in Uie discretion of the court, be transferred to the state
tt commission for investigation, as referee. In any case
rein the water commission shall proceed to investigate or
rtain water rights the said commission shall notify in
N In the manner provided in sections one thousand and
». one thousand and twelve and one thousand and thirteen
Itt Code of Ciril Procedure all persons, firms, associations
wporations claiming or possesshig any water rights which
to be the subject of ascertainment by the said commission.
*«• 25. Upon the completion of the taking of testimony
widence by the state water commission, the said commis-
shall immediately give notice by registered mail to the
te claimants or possessers of water rights that, at a date
place named in the said notices, which date shall not be
than fifteen days nor more than thirty days later than the
' of said notice, all of said testimony and evidence vrill be
' to public inspection. And said testimony and evidence
1 be held open to public inspection at said places for a
ifled period of not less than thirty days nor more than
>ty days, and thereafter the said commission shall cause
findings and ascertainment of the rights of the respective
Oints to said water to be made and filed in the superior
rt in each of the counties where said water is appropriated.
'^ 26. IT any pers<m, firm, association or corporation
"ing or possessing any taterest in or right to the waters of
stream, stream system, lake or other body of water in-
^M in any investigation or ascertainment by the state water
•"•^lon of the rights to the water of said stream, stream
*j>i. lake or other body of water, desires to contest any of
interests in or ri^ts to any of the said waters of any
'^person, flnn, association or corporation such person, firm,
Wation or corporation desiring so to contest shall, within
"'W after the expiration of the period for public inspec-



tion prescribed in section twenty-five of this act, notify, in
writing, the state water commission of said desire so to con-
test. Said notice shall state the ground of contest, which
shall be verified by the oath of the contestant, his agent or
attorney. Within ten days of the receipt of the notice of
contest the state water commission shall notify the contestant
and the person, firm, association or corporation whose rights
are contested to appear before it at a time and place specified
in said notice, and that at said time and place said content
will be heard; provided, that said time shall not be less than
thirty days nor more than sixty days from the date of the service
of the notice of the commission; provided, further, that if any
person, firm, association or corporation desires to contest any
such ascertahiment by the state water commission as herein-
before provided, such contest may be brought as prorided in
sections 31 and 32 hereof.

Sec. 27. Said notice by said water commission shall be
served and return made thereon in the same manner in which
summons and return thereon are made in civil actions in the
superior courts of this state. The water commission shall have
powo* to adjourn hearings of contest from time to time upon
reasonable notice to all parties in interest, and to issue sub-
poenas for and compel the attendance of witnesses to testify
before it and produce papers, books, maps and other documents.

Sec. 28. The state water commission shall require from
the party bringing the contest before it under section twenty-
six of tills act a deposit of five dollars for each day it shaU
be engaged in takhig testimohy in such cmtest. Upon the final
ascertainment by the state water commission in any contest,
the said commission shall enter an order directing the return
of the deposit to the depositor if the contest shall be deter-
mined In his favor, but, if the contest shall be determined
against the person bringing it, the said deposit shall be imme-
diately paid into the state treasury.

Sec. 29. Not less than fifteen days nw more than thirty
days after the exph-ation of the period during which the testi-
mony and evidence is to be kept open for public Inspection, or
if any contest shall be made, not less than fifteen days nor
more than thirty days after the settlement of said contest by
the water commission, the testimony and evidence in the origin^
hearing and the testimony and evidence taken in said contest
shall be filed in the office of the water commission.

Sec. 30. The water commission may, in its discretion and
in addition to the testimony and evidence submitted to it by
the parties claimant to or possessors of water rights on any
stream, stream system, lake or other body of water cause to
be made an examination of said stream, stream system, lake
or othtf body of water and the works diverting or utilizing



Online LibraryCalifornia Legislative Counsel Bureau California. Secretary of StateAmendments to the Constitution and proposed statutes : with arguments ... → online text (page 15 of 36)