Article 3 - Investigation of Stream System

California Water Code — §§ 2550-2556

Sections (7)

Repealed and added by Stats. 1976, Ch. 545.

As soon as practicable after granting the petition, the board shall begin an investigation of the stream system, of the diversion of water, of all beneficial uses being made of the water, and of the water supply available for those uses, and shall gather such other data and information as may be essential to the proper determination of the water rights in the stream system.

§ 2551

Amended by Stats. 2025, Ch. 422, Sec. 2. (SB 697) Effective January 1, 2026.

(a)During the investigation of the stream system, the representatives of the board shall investigate in detail the use of water by each person who has given notice of intent to file a proof of claim, and shall determine the acreage under irrigation or otherwise define the place of use and purpose of use, determine the location and capacity of the person’s diversion works and conduits conveying water from the stream system, and the amount of water diverted and reasonably required to satisfy the uses being made.

(b)In conducting investigations under this article, the board shall consider all pertinent information, including, but not limited to, information provided under

Sections 1840 and 1841.

(c)Representatives of the board may conduct a field investigation of a person’s water use after giving 30 days’ notice in writing to the person subject to the investigation, or at the request of that person as part of the investigation of the stream system. It shall be the duty of each claimant to be present at some time during the detailed field investigation either in person or by an agent who is authorized to sign the proof of claim.

§ 2552

Amended by Stats. 2025, Ch. 422, Sec. 3. (SB 697) Effective January 1, 2026.

Each claimant shall provide to the representatives of the board all pertinent information on the extent and nature of the claimant’s water use and basis of water right, so as to expedite the investigation and facilitate the completion of the proof of claim.

§ 2553

Amended by Stats. 2025, Ch. 422, Sec. 4. (SB 697) Effective January 1, 2026.

Immediately upon conclusion of the investigation of water use, the claimant or the claimant’s representative shall be provided, by registered mail, a blank form of proof of claim and a copy of the factual determinations of the representatives of the board for use in preparing the proof of claim.

§ 2554

Amended by Stats. 2025, Ch. 422, Sec. 5. (SB 697) Effective January 1, 2026.

During the investigation of the stream system, the board shall investigate in detail the projects of all water users known to the board who have not filed a notice of intent to file proof of claim. The investigations may include a field investigation in accordance with Section 2551, except that the water users need not be notified in advance of the investigation and, if not notified, are not required to be present during the field investigation.

§ 2555

Amended by Stats. 2025, Ch. 422, Sec. 6. (SB 697) Effective January 1, 2026.

Water users who do not file notice of intent shall, insofar as they are known, be supplied a copy of the factual determinations of the representative of the board and a blank form of proof of claim and shall be allowed to file proof of claim after completion of the detailed investigation of their project by the representatives of the board on the same basis as persons who were present and who filed timely notices of intent.

§ 2556

Added by Stats. 2025, Ch. 422, Sec. 7. (SB 697) Effective January 1, 2026.

(a)In conducting an investigation pursuant to this chapter, if the board determines in writing that the information provided by the person pursuant to Sections 1840 and 1841 and any regulations adopted by the board pursuant to those sections is inadequate for the board’s investigation, the board may issue an information order to any person or entity that diverts or uses water or claims a water right to prepare and submit to the board any technical or monitoring program reports related to that diversion or use, or to submit any report of the basis for that claimed water right, as the board may specify.

(b)The burden of preparing the report, including costs, shall bear a reasonable relationship to the need for the requested information and the benefits to be obtained from the board receiving that information. In making a request, the board shall do both of the following:

(1)Provide the person to whom the request is directed with a written explanation with regard to the need for the information.

(2)Identify the evidence that supports requiring that person to provide the information.

(c)If the preparation of individual reports would result in a duplication of effort, the board may order any person or

entity subject to the order to pay a reasonable share of the cost of preparing reports.

(d)In conducting an investigation pursuant to this chapter, the board may inspect property or facilities where water is claimed to be used, diverted, or conveyed. The board is authorized to obtain

an inspection warrant pursuant to the procedure set forth in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure for purposes of an inspection pursuant to this subdivision.

(e)A person or entity who receives an information order shall respond within 75 days of the date of the information order. An information order issued pursuant to this section may include a requirement that the recipient update the information annually while an adjudication is pending. A recipient of an order may request from the board an extension of time to respond to the information order for good cause shown, which request shall not be unreasonably denied.