SB 8 Reminder: Statements of Diversion and Use Are Due Before July 1, 2010

Senate Bill 8, which the California Legislature passed in November 2009, expands the requirement that water diverters file a Statement of Diversion and Use with the State Water Resources Control Board (SWRCB). Under SB 8, many riparian and pre-1914 appropriative water right holders are now subject to the filing requirement. Failure to file a required Statement is punishable by a file of $1,000, plus $500 for each day the violation continues if a person fails to file a Statement within 30 days after the SWRCB has called the violation to the attention of the person. A complete copy of SB 8 is attached.

If a water diverter is subject to the expanded filing requirement, but has never before made such a filing, the Initial Statement of Diversion and Use is due before July 1, 2010. Blank Initial Statement forms are available on the SWRCB's website at http://www.swrcb.ca.gov/waterrights/water_issues/programs/diversion_use/docs/st_assignment_form.pdf . Supplemental Statements must be filed at three-year intervals thereafter.

For more information, please contact an attorney in Downey Brand's Water Practice Group.

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Contact us if you have questions or want more information. Please note that the information contained in this article is not intended to provide legal advice. You should consult with an attorney and not rely on any information contained herein regarding your specific situation.