Cal. Code Regs. Tit. 23, § 1067 - Water Leases

(a) A person who files an application for approval of a water lease agreement pursuant to Water Code section 1025.5 shall pay to the board a filing fee equal to an amount calculated in accordance with the fee schedule in section 1062 of this chapter, except that the fee shall be based on the amount of water proposed to be leased over the entire term of the lease instead of the amount proposed to be diverted per year, and the fee shall not be subject to any limit imposed under that section. The filing fee shall constitute all annual fees for the term of the lease.

(b) A person who provides notice of a water lease to the board shall pay to the State Board of Equalization an annual fee determined by the board pursuant to this subdivision.

(1) When a water district submits a notice to the board under Water Code section 1025, the water district shall include in the notice sufficient information for the board to determine the maximum amount of water to be leased for each year the lease will be in effect. The board shall determine the annual fees for the lease in an amount equal to the fee set forth in section 1062 of this chapter for the first year of the lease, and the fee set forth in section 1062 for each additional year the lease agreement is in effect, except that the fee for each year shall not be subject to any limit imposed under that section. In applying section 1062 to calculate the amount of the fee for the lease, the board shall calculate a separate annual fee for each year based on the amount of water proposed to be leased each year instead of calculating the fee based on the amount of water proposed to be diverted per year.

(2) The water district shall notify the board that it has approved a lease agreement, and shall provide the board a copy of the notice of determination submitted in compliance with the California Environmental Quality Act (commencing with section 21000 of the Public Resources Code), within ten days after the water district approves the lease agreement.

(3) The water lease shall not take effect until the first annual fee is paid, and the water lease shall not continue in effect in any subsequent year unless the annual fee for that year is paid.

(c) The board may collect additional fees to cover its costs of compliance with Water Code sections 1026 and 1029.

Notes

Cal. Code Regs. Tit. 23, § 1067

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) and (b)(1) 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 subsections (a) and (b)(1) 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).

Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1025, 1025.5, 1031 and 1525, Water Code.

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) and (b)(1) 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 subsections (a) and (b)(1) 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).