Section 1005.2 Of Chapter 1. Definitions And Interpretation Of Division From California Water Code >> Division 2. >> Part 1. >> Chapter 1.
1005.2
. Cessation of or reduction in the extraction of ground
water, to permit the replenishment of such ground water by the use of
water from an alternate nontributary source, is hereby declared to
be a reasonable beneficial use of the ground water to the extent and
in the amount that water from such alternate source is applied to
beneficial use, not exceeding, however, the amount of such reduction.
No lapse, reduction or loss of any right in ground water, shall
occur under such conditions. Any such user of water from an alternate
source who seeks the benefit of this Section 1005.2 with respect to
the use of such water occurring prior to the effective date of this
section, shall file with the board, within ninety (90) days from said
effective date, a statement of the amounts of reduction in the
extraction of ground water as the result of water from said alternate
source having been so applied to reasonable beneficial use prior to
said effective date to permit the replenishment of such ground water
and said amounts shall be segregated and shown for each water year
(November 1st to October 31st) during which such use occurred prior
to the effective date of this section. Any such user of water from an
alternate source who seeks the benefit of this Section 1005.2 with
respect to the use of such water occurring subsequent to the
effective date of this section, shall file with the board, on or
before December 31st of each calendar year, a statement of the amount
of reduction in the extraction of ground water as the result of
water from said alternate source having been so applied to reasonable
beneficial use during the next preceding water year (November 1st to
October 31st) to permit the replenishment of such ground water. Such
user cannot claim the benefit of this section for any water year for
which such statement is not so filed.
The provisions of this section apply only as to the cessation of,
or reduction in, the extraction of ground water within that area in
this state defined by the exterior boundaries of the Counties of San
Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Diego,
Imperial, Riverside, and San Bernardino.
The term "nontributary source" as used in this section shall be
deemed to include water imported from another watershed or water
conserved and saved in the watershed by a water conservation plan or
works without which such water of the same watershed would have
wasted, or would not have reached the underground source of supply of
the owner relying upon this section.