1. (a) “Diverter” means:

   1. (1) Any person authorized to divert water under a permit, license, or registration; or
   2. (2) Any person required under Division 2, Part 5.1 of the Water Code to file a statement of water diversion and use; or
   3. (3) To the extent authorized by federal law, the federal government for claimed water rights claimed under permits, licenses, registrations, statements of water diversion and use, and non-reserved and reserved rights on file with the board.
2. (b) “Diverter with multiple claimed water rights” means a diverter who diverts water under more than one of the following: permits, licenses, registrations, stockpond certificates, or statements of water diversion and use.
3. (c) “Measurement method” means a method capable of accounting for the rate of direct diversion, rate of collection to storage, and rate of withdrawal or release from storage where the method is likely to achieve accuracy standards comparable to those of individual measuring devices as described in section 939.4, subdivision (d).
4. (d) “Measuring device” means a device by which a diverter determines and records the numeric value of flow rate, velocity, or volume of the water passing a designated and calibrated observation point during a specific time period. A measuring device may be a manufactured device, an on-site built device, or an in-house built device.

5. (e) “Place of use” means the legal location where water is used under the claimed water right, subject to the following clarifications:

   1. (1) For livestock stockpond registrations, as defined in section 1228.1, subdivision (b)(3) of the Water Code, and for stockpond certificates, as described in section 1226.1 of the Water Code, the place of use is the stockpond.
   2. (2) For single purpose recreational ponds, the place of use is the pond.
   3. (3) For other ponds or reservoirs, the deputy director may designate the pond or reservoir as the place of use for the purposes of compliance with this chapter.
   4. (4) For instream flow beneficial uses and wetland preservation and enhancement dedications, the place of use is the designated reach of the stream or the wetland area where the water is applied to beneficial use.
6. (f) “Point of diversion” means the legal location where water is diverted from its source.

The following definitions apply to the terms as they are used in sections 939.2 through 939.6. In the event of any conflict between definitions provided in section 931 and definitions provided in this section, the definitions provided in this section shall control in sections 939.2 through 939.6.

Note: Authority cited: Sections 1058, 1840 and 1841, Water Code. Reference: Sections 13 and 5103, Water Code.

History

1. Renumbering of former section 931 to section 939.2, including amendment of section heading and section, filed 1-21-2026; operative 2-1-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 4).