Each person who, after December 31, 1965, diverts water shall file with the board, prior to July 1 of the succeeding year, a statement of his or her diversion and use, except that a statement is not required to be filed if the diversion is any of the following:
(a) From a spring that does not flow off the property on which it is located and from which the person’s aggregate diversions do not exceed 25 acre-feet in any year.
(b) Covered by a registration for small domestic use, small irrigation use, or livestock stockpond use, or permit or license to appropriate water on file with the board.
(c) Included in a notice filed pursuant to Part 5 (commencing with Section 4999).
(d) Regulated by a watermaster appointed by the department and included in annual reports filed with a court or the board by the watermaster, which reports identify the persons who have diverted water and describe the general purposes and the place, the use, and the quantity of water that has been diverted from each source.
(e) Included in annual reports filed with a court or the board by a watermaster appointed by a court or pursuant to statute to administer a final judgment determining rights to water, which reports identify the persons who have diverted water and give the general place of use and the quantity of water that has been diverted from each source.
(f) For use in compliance with Article 2.5 (commencing with Section 1226) or Article 2.7 (commencing with Section 1228) of Chapter 1 of Part 2.
(g) A diversion that occurs before January 1, 2009, if any of the following applies:
(1) The diversion is from a spring that does not flow off the property on which it is located, and the person’s aggregate diversions do not exceed 25 acre-feet in any year.
(2) The diversion is covered by an application to appropriate water on file with the board.
(3) The diversion is reported by the department in its hydrologic data bulletins.
(4) The diversion is included in the consumptive use data for the Delta lowlands published by the department in its hydrologic data bulletins.
(Amended by Stats. 2011, Ch. 579, Sec. 10. (AB 964) Effective January 1, 2012.)
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