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Section 1011 Of Chapter 1. Definitions And Interpretation Of Division From California Water Code >> Division 2. >> Part 1. >> Chapter 1.
1011
. (a) When any person entitled to the use of water under an
appropriative right fails to use all or any part of the water because
of water conservation efforts, any cessation or reduction in the use
of the appropriated water shall be deemed equivalent to a reasonable
beneficial use of water to the extent of the cessation or reduction
in use. No forfeiture of the appropriative right to the water
conserved shall occur upon the lapse of the forfeiture period
applicable to water appropriated pursuant to the Water Commission Act
or this code or the forfeiture period applicable to water
appropriated prior to December 19, 1914.
The board may require that any user of water who seeks the benefit
of this section file periodic reports describing the extent and
amount of the reduction in water use due to water conservation
efforts. To the maximum extent possible, the reports shall be made a
part of other reports required by the board relating to the use of
water. Failure to file the reports shall deprive the user of water of
the benefits of this section.
For purposes of this section, the term "water conservation" shall
mean the use of less water to accomplish the same purpose or purposes
of use allowed under the existing appropriative right. Where water
appropriated for irrigation purposes is not used as a result of
temporary land fallowing or crop rotation, the reduced usage shall be
deemed water conservation for purposes of this section. For the
purpose of this section, "land fallowing" and "crop rotation" mean
those respective land practices, involving the nonuse of water, used
in the course of normal and customary agricultural production to
maintain or promote the productivity of agricultural land.
(b) Water, or the right to the use of water, the use of which has ceased or been reduced as the result of water conservation efforts as described in subdivision (a), may be sold, leased, exchanged, or otherwise transferred pursuant to any provision of law relating to the transfer of water or water rights, including, but not limited to, provisions of law governing any change in point of diversion, place of use, and purpose of use due to the transfer.
(c) Notwithstanding any other provision of law, upon the completion of the term of a water transfer agreement, or the right to the use of that water, that is available as a result of water conservation efforts described in subdivision (a), the right to the use of the water shall revert to the transferor as if the water transfer had not been undertaken.
(b) Water, or the right to the use of water, the use of which has ceased or been reduced as the result of water conservation efforts as described in subdivision (a), may be sold, leased, exchanged, or otherwise transferred pursuant to any provision of law relating to the transfer of water or water rights, including, but not limited to, provisions of law governing any change in point of diversion, place of use, and purpose of use due to the transfer.
(c) Notwithstanding any other provision of law, upon the completion of the term of a water transfer agreement, or the right to the use of that water, that is available as a result of water conservation efforts described in subdivision (a), the right to the use of the water shall revert to the transferor as if the water transfer had not been undertaken.
