1. (a) A person who holds a water right permit or license shall pay a minimum annual fee of $350. If the total annual amount of diversion authorized by the permit or license is greater than 10 acre-feet, then the permittee or licensee shall pay an additional $0.12 for each acre-foot in excess of 10 acre-feet.

   1. (1) For permits or licenses issued prior to the beginning of the year for which the fee is imposed, the board shall calculate annual fees according to the total annual amount of diversion authorized by the permit or license as of the beginning of the year.
   2. (2) The board shall calculate annual fees for permits issued on or after the beginning of the year according to the total annual amount of diversion authorized by the permit as issued by the board.

   3. (3) The annual fee shall be 75 percent of the fee calculated pursuant to subdivision (a) based on the face value of the permit or license, or a minimum fee of $300 plus $0.109 for every acre-foot in excess of 10 acre-feet actually diverted, whichever is greater, for permits or licenses issued on or after January 1, 2020 that meet the following criteria:

      1. (A) The permit or license meets the criteria for the reduced application fee under section 1062, subdivision (a)(1)(F); and
      2. (B) The right holder has installed and is maintaining a stream gage with telemetry capabilities to provide publicly available real-time streamflow conditions via the California Data Exchange Center website.
   4. (4) The reduced annual fee available pursuant to subdivision (a)(3) of this section shall not apply if the right holder does not timely submit the progress report by the permittee required by section 925 or the report of licensee required by section 929.
   5. (5) The reduced annual fee available pursuant to subdivision (a)(3) of this section shall be calculated based on timely reported diversions for the preceding reporting year, provided that the annual fee for the year in which a permit is issued shall be 75 percent of the fee calculated pursuant to subdivision (a) based on the face value of the permit or license.

2. (b) The board shall calculate the annual fee based on the total annual amount of diversion authorized by the permit or license, without regard to the availability of water for diversion or any bypass requirements or other conditions or constraints that may have the practical effect of limiting diversions but do not constitute a condition of the permit or license that expressly sets a maximum amount of diversion.

   1. (1) If the permit or license does not expressly identify the total annual amount of diversion, the board shall calculate the total annual amount based on the rate of authorized diversion multiplied by the length of time in the authorized season of diversion.
   2. (2) If the permit or license contains an annual diversion limitation that is applicable only to that permit or license, and the limitation is less than the calculated diversion volume, the fee shall be based on the amount specified in the limitation.
   3. (3) If a person holds multiple water rights that contain an annual diversion limitation that is applicable to the combination of those rights, but the person may still divert the full amount authorized under a particular right, then the fee shall be based on the total annual amount for that individual right.

3. (c) Notwithstanding subdivisions (a) and (b), an additional processing fee shall be added to the annual fee for any late filing of a report required by section 924, 925 or 929 as follows:

   1. (1) For registrations, certificates, permits and licenses authorizing annual diversion of up to 100 acre-feet, a report that is submitted 31-60 days after the reporting deadline shall be assessed an additional late reporting fee of 20 percent of the applicable annual fee, a report that is submitted 61-90 days after the reporting deadline shall be assessed an additional late reporting fee of 30 percent of the applicable annual fee, and a report that is submitted more than 90 days after the reporting deadline shall be assessed an additional late reporting fee of 45 percent of the applicable annual fee.
   2. (2) For registrations, certificates, permits and licenses authorizing annual diversion of more than 100 acre-feet but not exceeding 1,000 acre-feet, a report that is submitted 31-60 days after the reporting deadline shall be assessed an additional late reporting fee of 30 percent of the applicable annual fee, a report that is submitted 61-90 days after the reporting deadline shall be assessed an additional late reporting fee of 40 percent of the applicable annual fee, and a report that is submitted more than 90 days after the reporting deadline shall be assessed an additional late reporting fee of 55 percent of the applicable annual fee.
   3. (3) For registrations, certificates, permits and licenses authorizing annual diversion of more than 1,000 acre-feet but not exceeding 5,000 acre-feet, a report that is submitted 31-60 days after the reporting deadline shall be assessed an additional late reporting fee of 40 percent of the applicable annual fee, a report that is submitted 61-90 days after the reporting deadline shall be assessed an additional late reporting fee of 50 percent of the applicable annual fee, and a report that is submitted more than 90 days after the reporting deadline shall be assessed an additional late reporting fee of 65 percent of the applicable annual fee.
   4. (4) For registrations, certificates, permits and licenses authorizing annual diversion of more than 5,000 acre-feet but not exceeding 25,000 acre-feet, a report that is submitted 31-60 days after the reporting deadline shall be assessed an additional late reporting fee of 50 percent of the applicable annual fee, a report that is submitted 61-90 days after the reporting deadline shall be assessed an additional late reporting fee of 60 percent of the applicable annual fee, and a report that is submitted more than 90 days after the reporting deadline shall be assessed an additional late reporting fee of 75 percent of the applicable annual fee.
   5. (5) For registrations, certificates, permits and licenses authorizing annual diversion of more than 25,000 acre-feet, a report that is submitted 31-60 days after the reporting deadline shall be assessed an additional late reporting fee of 60 percent of the applicable annual fee, a report that is submitted 61-90 days after the reporting deadline shall be assessed an additional late reporting fee of 70 percent of the applicable annual fee, and a report that is submitted more than 90 days after the reporting deadline shall be assessed an additional late reporting fee of 85 percent of the applicable annual fee.

Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1525, 1536 and 1537, Water Code.

History

1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.

2. Amendment of subsections (a), (b)(2) and (b)(3) filed 10-14-2004 as an emergency; operative 10-14-2004 (Register 2004, No. 42). Pursuant to Water Code section 1530, this rulemaking action remains in effect until revised by the State Water Resources Control Board.

3. Amendment of section (a) filed 10-21-2005 as an emergency; operative 10-21-2005. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2005, No. 42).

4. Editorial correction of History 3 (Register 2008, No. 45).

5. Amendment of subsection (a) filed 10-21-2009 as an emergency; operative 10-21-2009. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2009, No. 43).

6. Amendment of subsection (a) filed 11-17-2010 as an emergency; operative 11-17-2010 (Register 2010, No. 47). Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board.

7. Amendment of subsection (a) filed 10-20-2011 as an emergency; operative 10-20-2011. Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2011, No. 42).

8. Amendment of subsection (a) filed 10-31-2013 as an emergency; operative 10-31-2013. Water Code section 1530 provides that the regulations shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2013, No. 44).

9. Amendment of subsection (a) filed 10-30-2014 as an emergency; operative 10-30-2014. Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2014, No. 44).

10. Amendment of subsection (a) filed 10-28-2015 as an emergency; operative 10-28-2015. Water Code section 1530 provides that the regulatory amendments shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2015, No. 44).

11. Amendment of subsection (a) filed 11-3-2016 as an emergency; operative 11-3-2016. Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2016, No. 45).

12. Amendment of subsection (a) filed 11-6-2017 as an emergency; operative 11-6-2017. Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2017, No. 45).

13. Amendment of subsection (a) filed 11-1-2018 as an emergency; operative 11-1-2018 (Register 2018, No. 44). Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board.

14. Amendment of subsection (a) and new subsections (a)(3)-(a)(5) filed 10-28-2019 as an emergency; operative 10-28-2019. Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2019, No. 44).

15. Amendment of subsections (a) and (a)(3) filed 11-9-2020 as an emergency; operative 11-9-2020 (Register 2020, No. 46). Pursuant to Water Code section 1530, this emergency regulation shall remain in effect until revised by the Board.

16. Amendment of subsections (a) and (a)(3) filed 11-15-2021 as an emergency; operative 11-15-2021 (Register 2021, No. 47). Pursuant to Water Code section 1530, this emergency regulation shall remain the effect until revised by the Board.

17. Amendment of subsections (a) and (a)(3) filed 11-28-2022 as an emergency; operative 11-28-2022 (Register 2022, No. 48). Pursuant to Water Code section 1530, this emergency regulation shall remain in effect until revised by the Board.

18. Amendment of subsections (a) and (a)(3) filed 11-8-2023 as an emergency; operative 11-8-2023 (Register 2023, No. 45). Pursuant to Water Code section 1530 this emergency regulation shall remain in effect until revised by the board.

19. Amendment of subsection (a) and new subsections (c)-(c)(5) filed 11-4-2024 as an emergency; operative 11-4-2024 (Register 2024, No. 45). Pursuant to Water Code section 1530, this emergency regulation shall remain in effect until revised by the Board.