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HomeWater CodeDiv. 2Pt. 2Ch. 6.6Art. 1§ 1435 Emergency Water Use Changes

§ 1435 Emergency Water Use Changes

Water Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1435 Emergency Water Use Changes

Key Takeaways

  • •If you have a water permit and suddenly need to change where you take water from, where you use it, or how you use it, you can ask for a quick, temporary change.
  • •The board will only allow this quick change if they see it’s really needed, won’t hurt others using water, won’t harm fish or wildlife, and is good for everyone.
  • •You can’t get this quick change if you didn’t try hard enough to ask for a normal change earlier.
  • •The board can let someone else handle these quick change requests for them.

Example

A farmer has a permit to take water from a river to water crops, but the river is drying up. There’s another river nearby with extra water, and the farmer needs to switch quickly to save the crops.

The farmer can ask the board for a quick, temporary change to take water from the other river. The board will check if this change is really needed, won’t hurt other farmers or fish in the river, and is good for the community. If the farmer didn’t try to ask for a normal change before, the board might say no.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1435 Emergency Water Use Changes

(a) Any permittee or licensee who has an urgent need to change a point of diversion, place of use, or purpose of use from that specified in the permit or license may petition for, and the board may issue, a conditional, temporary change order without complying with other procedures or provisions of this division, but subject to all requirements of this article. (b) Prior to issuing a change order pursuant to this article, the board shall make all of the following findings: (1) The permittee or licensee has an urgent need to make the proposed change. (2) The proposed change may be made without injury to any other lawful user of water. (3) The proposed change may be made without unreasonable effect upon fish, wildlife, or other instream beneficial uses. (4) The proposed change is in the public interest, including findings to support change order conditions imposed to ensure that the change is in the public interest, and may be made without injury to any other lawful user of the water, and without unreasonable effect upon fish, wildlife, and other instream beneficial uses. (c) “Urgent need,” for the purposes of this article, means the existence of circumstances from which the board may in its judgment conclude that the proposed temporary change is necessary to further the constitutional policy that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that waste of water be prevented; except that the board shall not find a petitioner’s need to be urgent if the board in its judgment concludes, if applicable, that the petitioner has not exercised due diligence either (1) in petitioning for a change pursuant to provisions of this division other than this article, or (2) in pursuing that petition for change. (d) The board may delegate to any officer or employee of the board all or any of its functions under this article, as provided in Section 7. (Amended by Stats. 2019, Ch. 678, Sec. 11. (AB 658) Effective January 1, 2020.)

Last verified: January 23, 2026

Key Terms

judgmenturgent needbenefitsemployeeportpetitionerinjurywaste

Related Statutes

  • § 1425 Emergency Water Diversion Permits
  • § 12868 Federal Land Cost Sharing
  • § 144 Stream Gage Network Plan
  • § 14901 San Joaquin Valley Drainage Plan
  • § 1529.5 Board Fee Recovery Schedule

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Water Code. Section 1435.
View Official Source