Cal. Water Code - WAT § 1250. Section 1250.
The board shall consider and act upon all applications for permits to appropriate water and shall do all things required or proper relating to such applications.
ARTICLE 1. General Provisions [1250. - 1259.6.]
Cal. Water Code - WAT 1.
in effectCal. Water Code - WAT § 1250.5. Section 1250.5.
The board shall consider and act upon all applications for permits to appropriate water which propose, as a primary purpose of the application, the development of small hydroelectric energy facilities at an existing dam, canal, or conduit, up to and including 30 megawatts, or the development of any other hydroelectric facility with a generating capacity of five megawatts or less, within one year from the date a complete application and an instream beneficial use assessment have been filed with the board, except that the assessment need not be filed if the streamflow regime will not be changed, and except that final board action may be continued for a reasonable time not to exceed one year upon the request of the applicant or upon a finding by the board that the additional time is necessary to determine (1) if unappropriated water is available or (2) the effect upon instream uses.
Cal. Water Code - WAT § 1251. Section 1251.
The board shall make such investigations of the water resources of the State as may be necessary for the purpose of securing information needed in connection with applications for appropriations of water.
Cal. Water Code - WAT § 1252. Section 1252.
Any person may apply for and secure from the board, in conformity with this part and in conformity with reasonable rules and regulations adopted from time to time by it, a permit for any unappropriated water.
Cal. Water Code - WAT § 1252.1. Section 1252.1.
An appropriation of water of any stream or other source of water under this part does not confer authority upon the appropriator to prevent or interfere with soil conservation practices above the point of diversion in the watershed in which such stream or other source originates, which practices do not themselves constitute an appropriation for which a permit is required by this part.
Cal. Water Code - WAT § 1252.5. Section 1252.5.
All rights and privileges conferred by this part upon any person in relation to the appropriation of water are likewise conferred upon the United States, the State, and any entity or organization capable of holding an interest in real property in this State.
Cal. Water Code - WAT § 1253. Section 1253.
The board shall allow the appropriation for beneficial purposes of unappropriated water under such terms and conditions as in its judgment will best develop, conserve, and utilize in the public interest the water sought to be appropriated.
Cal. Water Code - WAT § 1254. Section 1254.
In acting upon applications to appropriate water the board shall be guided by the policy that domestic use is the highest use and irrigation is the next highest use of water.
Cal. Water Code - WAT § 1255. Section 1255.
The board shall reject an application when in its judgment the proposed appropriation would not best conserve the public interest.
Cal. Water Code - WAT § 1256. Section 1256.
In determining public interest under Sections 1253 and 1255, the board shall give consideration to any general or co-ordinated plan looking toward the control, protection, development, utilization, and conservation of the water resources of the State, including The California Water Plan, prepared and published by the Department of Water Resources or any predecessor thereof and any modification thereto as may be adopted by the department or as may be adopted by the Legislature by concurrent resolution or by law.
Cal. Water Code - WAT § 1257. Section 1257.
In acting upon application to appropriate water, the board shall consider the relative benefit to be derived from (1)
all beneficial uses of the water concerned including, but not limited to, use for domestic, irrigation, municipal, industrial, preservation and enhancement of fish and wildlife, recreational, mining and power purposes, and any uses specified to be protected in any relevant water quality control plan, and (2)
the reuse or reclamation of the water sought to be appropriated, as proposed by the applicant. The board may subject such appropriations to such terms and conditions as in its judgment will best develop, conserve, and utilize in the public interest, the water sought to be appropriated.
Cal. Water Code - WAT § 1257.5. Section 1257.5.
The board, in acting on applications to appropriate water, shall consider streamflow requirements proposed for fish and wildlife purposes pursuant to Sections 10001 and 10002 of the Public Resources Code. The board may establish such streamflow requirements as it deems necessary to protect fish and wildlife as conditions in permits and licenses in accordance with this division.
Cal. Water Code - WAT § 1258. Section 1258.
In acting upon applications to appropriate water, the board shall consider water quality control plans which have been established pursuant to Division 7 (commencing with Section 13000) of this code, and may subject such appropriations to such terms and conditions as it finds are necessary to carry out such plans.
Cal. Water Code - WAT § 1259. Section 1259.
In acting upon applications to appropriate water, the board shall consider the state goal of providing a decent home and suitable living environment for every Californian.
Cal. Water Code - WAT § 1259.2. Section 1259.2.
(a)
The board shall annually prepare a written summary, in chart form, of pending applications to appropriate water in the Counties of Marin, Napa, Sonoma, Mendocino, and Humboldt. The summary shall include a description of the status of each pending application, the actions taken in the preceding year, proposed actions for the upcoming year, and the proposed date for final action with regard to that application.
(b)
For the purposes of carrying out subdivision (a), the board may post the information described in subdivision (a) on its Web site.
Cal. Water Code - WAT § 1259.4. Section 1259.4.
(a)
(1)
On or before January 1, 2008, the board shall adopt principles and guidelines for maintaining instream flows in coastal streams from the Mattole River to San Francisco and in coastal streams entering northern San Pablo Bay, as part of state policy for water quality control adopted pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7, for the purposes of water right administration.
(2)
The board may adopt principles and guidelines for maintaining instream flows not described in paragraph (1), as part of state policy for water quality control adopted pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7, for the purposes of water right administration.
(b)
Prior to the adoption of principles and guidelines pursuant to subdivision (a), the board may consider the 2002 “Guidelines for Maintaining Instream Flows to Protect Fisheries Resources Downstream of Water Diversions in Mid-California Coastal Streams” for the purposes of water right administration.
Cal. Water Code - WAT § 1259.6. Section 1259.6.
(a)
(1)
The board shall develop and adopt regulations to govern consideration of climate change effects in water availability analyses used in the board’s review of applications for water rights permits. The board, in developing and adopting the regulations, shall consider the effects of climate change upon watershed hydrology. The effects considered shall include, but are not limited to, drought extremes, floods, and groundwater-surface water interactions.
(2)
This section does not limit any authority held by the board under this code or any other law, including, but not limited to, the authority of the board to require applicants for water right permits to submit information pursuant to Section 1260 or
1275.
(3)
In developing the regulations, the board shall consider the feasibility of accurately assessing the effects of climate change on watershed hydrology.
(b)
In preparing the regulations pursuant to subdivision (a), the board shall consult with the Department of Water Resources, the Department of Fish and Wildlife, qualified hydrologists and climate change scientists, potential applicants, and other interested parties.
(c)
This section does not limit the board’s authority to accept or process applications before the regulations required under this section are adopted.
The board shall not refuse to accept or delay processing or approval of an application on the grounds that the regulations have not yet been adopted.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026