1. (a) Alternative Compliance -- Generally. In circumstances where strict compliance with sections 939.4 or 939.5 is not feasible, would be unreasonably expensive, would unreasonably affect public trust uses, or would result in the waste or unreasonable use of water, a diverter may submit an alternative compliance plan.
2. (b) The plan shall include an explanation and substantiating documentation of alternative compliance for each of the requirements of sections 939.4 and 939.5. Absent substantiation of the specific basis for reduced performance standards, the plan shall state how compliance with sections 939.4 and 939.5 will be achieved.
3. (c) Documentation of compliance with the alternative compliance plan shall be filed with the applicable annual report under chapter 2.7 of this title.
4. (d) All plans submitted in accordance with the provisions of this section shall be timely implemented in accordance with the schedule contained therein.

5. (e) Plan Duration.

   1. (1) For diverters who submitted an alternative compliance plan to the board before February 1, 2026, the most recently submitted alternative compliance plan may remain in effect through September 30, 2026; beginning October 1, 2026, alternative compliance plans must meet the requirements of section 936. Any alternative compliance plan submitted on or after February 1, 2026 must be submitted in accordance with section 936.
   2. (2) Incomplete plans, plans that do not meet the minimum standards of this section, and lapses in plans shall not relieve a diverter of the requirement to fully comply with sections 939.4 and 939.5.

Note: Authority cited: Sections 1058, 1840 and 1841, Water Code. Reference: Sections 13, 1846 and 5103, Water Code.

History

1. Renumbering of former section 935 to section 939.6, 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).