General Provisions

Cal. WAT § 79711

California Statutes

(

a) This division does not diminish, impair, or otherwise affect in any manner whatsoever any area of origin, watershed of origin, county of origin, or any other water rights protections, including, but not limited to, rights to water appropriated prior to December 19, 1914, provided under the law. This division does not limit or affect the application of

Article 1.7 (commencing with

Section 1215) of

Chapter of Part of Division 2, Sections 10505, 10505.5, 11128, 11460, 11461, 11462, and 11463, and Sections to 12220, inclusive. (

b) For the purposes of this division, an area that utilizes water that has been diverted and conveyed from the Sacramento River hydrologic region, for use outside the Sacramento River hydrologic region or the Delta, shall not be deemed to be immediately adjacent thereto or capable of being conveniently supplied with water therefrom by virtue or on account of the diversion and conveyance of that water through facilities that may be constructed for that purpose after January 1, 2014. (

c) Nothing in this division supersedes, limits, or otherwise modifies the applicability of

Chapter 10 (commencing with

Section 1700) of Part of Division 2, including petitions related to any new conveyance constructed or operated in accordance with

Chapter 2 (commencing with

Section 85320) of Part of Division 35. (

d) Unless otherwise expressly provided, nothing in this division supersedes, reduces, or otherwise affects existing legal protections, both procedural and substantive, relating to the state board’s regulation of diversion and use of water, including, but not limited to, water right priorities, the protection provided to municipal interests by Sections and 106.5, and changes in water rights. Nothing in this division expands or otherwise alters the state board’s existing authority to regulate the diversion and use of water or the courts’ existing concurrent jurisdiction over California water rights. (

e) Nothing in this division shall be construed to affect the California Wild and Scenic Rivers Act (Chapter 1.4 (commencing with

Section 5093.50) of Division of the Public Resources Code) or the federal Wild and Scenic Rivers Act (16 U.S.C.

Sec. 1271 et seq.) and funds authorized pursuant to this division shall not be available for any project that could have an adverse effect on the values upon which a wild and scenic river or any other river is afforded protections pursuant to the California Wild and Scenic Rivers Act or the federal Wild and Scenic Rivers Act. (

f) Nothing in this division supersedes, limits, or otherwise modifies the Sacramento-San Joaquin Delta Reform Act of 2009 (Division 35 (commencing with

Section 85000)) or any other applicable law, including, but not limited to, Division 22.3 (commencing with

Section 32300) of the Public Resources Code. (

g) Funds provided by this division shall not be used to acquire land via eminent domain. (

h) Notwithstanding any other law, any agency acquiring land pursuant to this division may use the Natural Heritage Preservation Tax Credit Act of 2000 (Division 28 (commencing with

Section 37000) of the Public Resources Code).

Document details

CollectionCalifornia Statutes
CitationCal. WAT § 79711
Typestatute
Languageen
SourceCA_STAT
IdentifierWAT79711.20141888

General Provisions

Cal. WAT § 79711

California Statutes

General Provisions

Cal. WAT § 79711

California Statutes

(

a) This division does not diminish, impair, or otherwise affect in any manner whatsoever any area of origin, watershed of origin, county of origin, or any other water rights protections, including, but not limited to, rights to water appropriated prior to December 19, 1914, provided under the law. This division does not limit or affect the application of

Article 1.7 (commencing with

Section 1215) of

Chapter of Part of Division 2, Sections 10505, 10505.5, 11128, 11460, 11461, 11462, and 11463, and Sections to 12220, inclusive. (

b) For the purposes of this division, an area that utilizes water that has been diverted and conveyed from the Sacramento River hydrologic region, for use outside the Sacramento River hydrologic region or the Delta, shall not be deemed to be immediately adjacent thereto or capable of being conveniently supplied with water therefrom by virtue or on account of the diversion and conveyance of that water through facilities that may be constructed for that purpose after January 1, 2014. (

c) Nothing in this division supersedes, limits, or otherwise modifies the applicability of

Chapter 10 (commencing with

Section 1700) of Part of Division 2, including petitions related to any new conveyance constructed or operated in accordance with

Chapter 2 (commencing with

Section 85320) of Part of Division 35. (

d) Unless otherwise expressly provided, nothing in this division supersedes, reduces, or otherwise affects existing legal protections, both procedural and substantive, relating to the state board’s regulation of diversion and use of water, including, but not limited to, water right priorities, the protection provided to municipal interests by Sections and 106.5, and changes in water rights. Nothing in this division expands or otherwise alters the state board’s existing authority to regulate the diversion and use of water or the courts’ existing concurrent jurisdiction over California water rights. (

e) Nothing in this division shall be construed to affect the California Wild and Scenic Rivers Act (Chapter 1.4 (commencing with

Section 5093.50) of Division of the Public Resources Code) or the federal Wild and Scenic Rivers Act (16 U.S.C.

Sec. 1271 et seq.) and funds authorized pursuant to this division shall not be available for any project that could have an adverse effect on the values upon which a wild and scenic river or any other river is afforded protections pursuant to the California Wild and Scenic Rivers Act or the federal Wild and Scenic Rivers Act. (

f) Nothing in this division supersedes, limits, or otherwise modifies the Sacramento-San Joaquin Delta Reform Act of 2009 (Division 35 (commencing with

Section 85000)) or any other applicable law, including, but not limited to, Division 22.3 (commencing with

Section 32300) of the Public Resources Code. (

g) Funds provided by this division shall not be used to acquire land via eminent domain. (

h) Notwithstanding any other law, any agency acquiring land pursuant to this division may use the Natural Heritage Preservation Tax Credit Act of 2000 (Division 28 (commencing with

Section 37000) of the Public Resources Code).

Document details

CollectionCalifornia Statutes
CitationCal. WAT § 79711
Typestatute
Languageen
SourceCA_STAT
IdentifierWAT79711.20141888