Water Rights and Water Quality Certification Fees Program

FREQUENTLY ASKED QUESTIONS - FY 2005-2006

Questions Related to the Board of Equalization's (BOE) Notice of Determination (Water Right Fee Bill)

Can I file a Petition for Reconsideration with the Board of Equalization (BOE)?
What changes were made to the fee schedule for FY 05-06?
When do I need to file more than one change petition? Do I owe a fee for each one? Do I owe a separate fee for a petition for extension of time?
Do I owe a fee if I file a petition to change the point of diversion or place of use?
I have a petition to change the conditions of my water right pending before the State Water Board. I received an annual fee on the petition this year for the first time. Why do I have to pay this fee?
Why is my fee more than last year?
What is the status of the litigation?

Q. Can I file a Petition for Reconsideration with the Board of Equalization (BOE)?

A. No, as of October 21, 2005, you must file your petition for reconsideration with the State Water Resources Control Board. The petition must be received by the State Water Board within 30 days of the issuance date of BOE’s “Notice of Determination” invoice. The address is:

State Water Resources Control Board
Division of Water Rights, 14 th Floor
P.O. Box 2000
Sacramento, CA 95812

Q. What changes were made to the fee schedule for FY 05-06?

A. The emergency fee regulations made the following adjustments to the fee schedule: (1) increased annual fees for permits and licenses that allow diversions of more than 10 acre-feet per annum (afa), (2) increased annual fees for applications that allow diversions of more than 10 afa, (3) decreased annual fees for projects under review for water quality certification for FERC licensing, (4) decreased annual fees for projects issued FERC licenses pursuant to water quality certification, (5) increased limits on filing fees for the largest (in terms of quantity of water to be appropriated or transferred) applications, petitions, and water transfers, and (6) decreased filing fees for small hydroelectric generating facilities that meet the criteria for a Class 28 categorical exemption under the California Environmental Quality Act.

Q. When do I need to file more than one change petition? Do I owe a fee for each one? Do I owe a separate fee for a petition for extension of time?

A. A petition to change one or more terms of a single application, permit, license, or other water right is considered a single petition, provided that action can be taken on the changes simultaneously. A petition for an extension of time is considered a separate petition, subject to a separate fee, from a petition to change one or more other terms in the water right. A petitioner requesting changes to more than one application, permit, license or other water right must file a separate petition or petitions for each water right and a filing fee is required for each petition. A separate filing fee is required for each change petition subsequently filed on a water right that is already the subject of a pending petition for change.

Q. Do I owe a fee if I file a petition to change the point of diversion or place of use?

A. Yes, you must pay a fee for a petition filed to change the point of diversion or place of use of your water right.

Q. I have a petition to change the conditions of my water right pending before the State Water Board. I received an annual fee on the petition this year for the first time. Why do I have to pay this fee?

A. The State Water Board’s regulations adopted in 2003 allow the State Water Board to assess annual fees for some petitions. Whether or not a petition is subject to an annual fee depends on certain factual circumstances. The staff of the Division of Water Rights has been reviewing each pending petition on file with the State Water Board to determine if those circumstances exist which trigger the assessment of the annual petition fee. As a result of this review, the Division staff may have determined that fees must be assessed that were not previously assessed.

Q. Why is my fee more than last year?

A. The fees are recalculated each year based on a number of factors, including whether or not there was surplus in the Water Rights Fund from the previous year. Last year, the Water Rights Fund had a larger surplus and the State Water Board was able to lower the fees for FY 2004-2005. This year, the surplus was lower so the fees were slightly increased

Q. What is the status of the litigation?

A. On June 23, 2005, the trial court issued a final judgment upholding the water right fees in their entirety. The court found that the fees challenged in the consolidated action are legitimate regulatory fees and that the State Water Board satisfied the law in developing the water right fee structure. The plaintiffs have jointly appealed and the consolidated water right cases are being heard in the Third District Court of Appeal. Fee payers are required to pay their fees unless and until there is a final order from the courts overturning the fees.