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Show 136 CALIFORNIA any stream system upon petition by any water rights claimant when the Board believes such determination will be in the public interest.65 Notice of the proposed adjudication is published by the Board. Claim- ants must then notify the Board of their intent to file proofs of claim and to appear before the Board. Investigation of the stream system by the Board precedes filing of proofs and hearings. This is primarily a data-gathering investiga- tion. Upon notice by the Board, proofs of claim must be filed, con- taining detailed information concerning the nature, quantity and date of use, and the means of diversion. The Board then issues an abstract of proofs so filed, which, along with any other evidence before the Board, may be inspected by all claimants.66 Any proof may be contested by any claimant by filing a contest with the Board. Contests are determined by hearing before the Board, where the parties may examine and cross-examine witnesses.67 After the hearing on the contests, the Board enters an order de- termining and establishing all rights to the water of the stream sys- tem. A copy of the order of determination is mailed to all parties who filed proofs of claim.68 The order of the Board is not final, how- ever, as the law provides for hearing and review in State court. Only the final decree of the court is binding as a final adjudication of water rights.69 All parties to the adjudication are notified of the hearing before the court. Any party may file exceptions to the Board's determina- tion, which, together with the order of determination and the state- ments and proofs of claims filed with the Board, form the pleadings. Upon leave of court, these pleadings may be amended. A hearing is held on all exceptions duly filed, and the proceeding is conducted in accordance with the rules of procedure which govern civil actions. The court may make further investigations and take additional evidence.70 After the hearing, the court enters a decree determining the rights of all persons involved in the proceeding. As to each right, the decree establishes the priority, amount, season, purpose, and place of use, and the point of diversion. Subject to the right of appeal (as in any civil case), the decree of the court is conclusive as to the existing rights of all claimants upon the stream system.71 2.3 Other Agencies Having "Water Resource Responsibilities a. WATER QUALITY CONTROL California adopted comprehensive water quality control laws when the Porter-Cologne Water Quality Control Act was enacted in 1969.72 The act is administered by the State Water Resources Control Board, the water quality advisory committee, and nine California regional 86 W.C., sec. 2525. 68W.C., sees. 2550-2629. 67W.C, sees. 2650-2659. "SW.C, sees. 2700-2703. 69W.C, sees. 2750-2774. See Wood v. Pendola, 1 C. 2d 435, 442-443, 35 P. 2d 526 (1934). ™W.C., sees. 2756-2767. « W.C., sees. 2768-2774. ™ Stats. 1969, c. 482. W.C., sees. 13020 et seq. |
