Section 1005.4 Of Chapter 1. Definitions And Interpretation Of Division From California Water Code >> Division 2. >> Part 1. >> Chapter 1.
1005.4
. (a) 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.
(b) Any such user of water from an alternative source may file
with the board, on or before December 31st of each calendar year, a
statement of the amount of reduction in the extraction of groundwater
as a result of water from the alternative source having been so
applied to reasonable beneficial use during the next preceding water
year (October 1st to September 30th) to permit replenishment of such
groundwater. However, failure to file such a statement shall in no
way affect the right of a user to claim the benefit of this section.
(c) 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 every county,
except the Counties of San Luis Obispo, Santa Barbara, Ventura, Los
Angeles, Orange, San Diego, Imperial, Riverside, and San Bernardino.
(d) 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.