SB 697: Determination of water rights: stream system.
The bill aims to revise the state water resources control board's process for determining water rights in stream systems. It requires representatives of the board to investigate the use of water with the authority but does not mandate a field investigation. If the board determines that the information provided is inadequate, it can issue information orders requiring claimants to submit reports of water use from the stream system through a form provided by the board. Claimants must respond to the order within 75 days of its issuance. The bill applies the procedures for reconsideration, amendment, and judicial review to the board's decisions and orders issued under the revised process.
| Oct. 06, 2025 | Chaptered by Secretary of State. Chapter 422, Statutes of 2025. |
| Oct. 06, 2025 | Approved by the Governor. |
| Sep. 09, 2025 | Enrolled and presented to the Governor at 2 p.m. |
| Sep. 02, 2025 | Assembly amendments concurred in. (Ayes 36. Noes 0. Page 2410.) Ordered to engrossing and enrolling. |
| Sep. 02, 2025 | Assembly amendments concurred in. (Ayes 36. Noes 0.) Ordered to engrossing and enrolling. |
LEGISLATIVE COUNSEL'S DIGEST
The people of the State of California do enact as follows:
SECTION 1.
Section 1120 of the Water Code is amended to read:1120.
This chapter applies to any decision or order issued under this part or Section 275, Part 2 (commencing with Section 1200), Part 2 (commencing with Section 10500) of Division 6, Part 2.55 (commencing with Section 10608) of Division 6, or Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6, Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, or the public trust doctrine, and to any information order issued under Article 3 (commencing with Section 2550) of Chapter 3 of Part 3.SEC. 2.
Section 2551 of the Water Code is amended to read:2551.
(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.SEC. 3.
Section 2552 of the Water Code is amended to read:2552.
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.SEC. 4.
Section 2553 of the Water Code is amended to read:2553.
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.SEC. 5.
Section 2554 of the Water Code is amended to read:2554.
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.SEC. 6.
Section 2555 of the Water Code is amended to read:2555.
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.SEC. 7.
Section 2556 is added to the Water Code, immediately following Section 2555, to read:2556.
(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.SEC. 8.
Section 2600 of the Water Code is amended to read:2600.
After all investigations of water use have been completed and the time for filing proofs of claims has expired, the board shall prepare a report describing the water supply and abstracting the claim of water right of each claimant.