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Chapter 4. Protest Of Application of California Water Code >> Division 2. >> Part 2. >> Chapter 4.
Any person interested may, within the time allowed in the
notice of application or within such further time as may, for good
cause shown, be allowed by the board, file with it a written protest
against the approval of an application.
The protest shall meet all of the following requirements:
(a) State the name and address of the protestant.
(b) Be signed by the protestant, or the protestant's agent or attorney.
(c) Clearly and specifically set forth the protestant's objections to the approval of the application, and state the bases for these objections.
(d) Contain other appropriate information and be in the form provided in the rules and regulations of the board.
(e) Be served on the applicant by the protestant by mailing a duplicate copy of the protest to the applicant or through service undertaken in another manner determined to be adequate by the board.
(a) State the name and address of the protestant.
(b) Be signed by the protestant, or the protestant's agent or attorney.
(c) Clearly and specifically set forth the protestant's objections to the approval of the application, and state the bases for these objections.
(d) Contain other appropriate information and be in the form provided in the rules and regulations of the board.
(e) Be served on the applicant by the protestant by mailing a duplicate copy of the protest to the applicant or through service undertaken in another manner determined to be adequate by the board.
The board may request from the protestant additional
information reasonably necessary to clarify, amplify, correct, or
otherwise supplement the information required to be submitted under
Section 1331. The board shall provide a reasonable period for
submitting the information, and may allow additional time for good
cause shown.
The protestant and the applicant shall make a good faith
effort to resolve the protest within 180 days from the date on which
the period provided under Section 1330 expires. For good cause, the
board may allow additional time for the protestant and the applicant
to attempt to resolve the protest.
The board may request from the protestant or the applicant
additional information that the board determines is reasonably
necessary to attempt to resolve the protest. The board shall provide
a reasonable period for submitting the information, and may allow
additional time for good cause shown.
(a) The board may cancel a protest or application for failure
to provide information requested by the board under this article
within the period provided.
(b) Except as provided in subdivisions (c) and (d), a protest shall not be canceled for failure to submit information not in the possession or under the control of the protestant if the protest is in compliance with Section 1331 and the applicant is or could be required to submit the information under Section 1260 or 1275.
(c) If a protest is based on interference with a prior right, the board may cancel the protest if the protestant fails to submit any of the following information requested by the board:
(1) Information that the protestant is required to submit to the board to comply with Part 5.1 (commencing with Section 5100) during any period after the protest is filed.
(2) Information that is reasonably necessary to determine if the protestant has a valid water right.
(3) Information concerning the protestant's historical, current, or proposed future diversion and use of water that is reasonably necessary to determine if the proposed appropriation will result in injury to the protestant's exercise of its water right.
(d) If the protest is based on an allegation that the proposed appropriation would not be in the public interest, would adversely affect public trust uses, or would have adverse environmental impact, the board may cancel the protest for failure to submit information requested by the board if the board determines both of the following:
(1) The public review period has expired for any draft environmental document or negative declaration required to be circulated for public review and comment pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.
(2) In the absence of the requested information, there is no substantial evidence in light of the whole record to support the allegation.
(b) Except as provided in subdivisions (c) and (d), a protest shall not be canceled for failure to submit information not in the possession or under the control of the protestant if the protest is in compliance with Section 1331 and the applicant is or could be required to submit the information under Section 1260 or 1275.
(c) If a protest is based on interference with a prior right, the board may cancel the protest if the protestant fails to submit any of the following information requested by the board:
(1) Information that the protestant is required to submit to the board to comply with Part 5.1 (commencing with Section 5100) during any period after the protest is filed.
(2) Information that is reasonably necessary to determine if the protestant has a valid water right.
(3) Information concerning the protestant's historical, current, or proposed future diversion and use of water that is reasonably necessary to determine if the proposed appropriation will result in injury to the protestant's exercise of its water right.
(d) If the protest is based on an allegation that the proposed appropriation would not be in the public interest, would adversely affect public trust uses, or would have adverse environmental impact, the board may cancel the protest for failure to submit information requested by the board if the board determines both of the following:
(1) The public review period has expired for any draft environmental document or negative declaration required to be circulated for public review and comment pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.
(2) In the absence of the requested information, there is no substantial evidence in light of the whole record to support the allegation.
