Mission Peak Conservancy v. State Water Resources Control Bd.
Opinion
Opinion
Burns, J.
BACKGROUND
A.
The Water Rights Permitting Reform Act of 1988 provides a streamlined process for acquiring a right to appropriate relatively small amounts of water for domestic or other specified uses. (Wat. Code, §§ 1228-1229.1 1) Under this right, a person may divert up to 10 acre-feet of water per year from a stream into a storage facility, such as a pond or tank. (§§ 1228.1, subd. (b)(1), 1228.2, subd. (a)(1).)
An eligible person obtains the right by (1) registering the use with the board, (2) paying a fee, and (3) subsequently putting the water to “reasonable and beneficial use.” (§§ 1228.2, subd. (a)(1), 1228.3, subd. (b).) The registration form requires the registrant’s contact information; details about the nature, amount, and location of the proposed use, diversion, and storage; a certification that the registrant has provided the registration information to the Department of Fish and Wildlife and will comply with any conditions that the department imposed; and a copy of any conditions imposed by the department. 2 (§ 1228.3, subd. (a).) The registration is deemed completed when the board receives a substantially compliant form and the fee. (§ 1228.3, subd. (b).)