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Show 140 CALIFORNIA of diversion, and recording of the claim.91 One factor distinguishing the two procedures was the relation back of the date of appropriation to the time of posting notice under the code procedure for purposes of priority as opposed to dating the appropriation as the date of actual diversion for nonstatutory claims.92 (2) Procedures under the water code After passage of the Water Commission Act of 1933, appropriative rights could be obtained solely by compliance with statutory pro- cedures contained therein.93 Administration of the act has been dele- gated to the State Water Rights Board.94 (a) Application.-The initial step is the filing of an application with the State Water Rights Board.95 The application is to contain specific data required by the code,96 name of applicant, source of supply, nature and amount of proposed use, place of diversion, place of use, effect on fish and wildlife resources, and time for completion of the diversion works. Any person may apply for a permit to appropriate if he conforms with the code and regulations adopted thereunder.97 (b) Notice and Publication.-Notice of the application must be sent by the board to the applicant, the district attorney of the county wherein a diversion is proposed, the board of supervisors for the county, and to any interested parties.98 The notice contains infor- mation similar to that required of the application. Upon receipt of the notice, the applicant must publish it and post it in accordance with the statute if the application is for quantities in excess of statu- tory limits.99 (c) Protested applications.-Applications may be protested by in- terested parties.100 Any protest must be signed by the protestant, State objections to the application, and contain information required by rules passed by the Board.101 If applications are protested, the Board notifies the applicant, pro- testant, and interested parties and conducts a hearing on the appli- cation.102 In its discretion, the Board may also hold a hearing where no protest has been received.103. (d) Action by the Board.-For the Board to approve an applica- tion and issue a permit to appropriate, it must find: (i) that there is unappropriated water available, including water available from lost rights and return flows: m 91 See 51 Cal. Jur. 2d 757-765, Waters, sees. 298-306. 62 See sec. 3.2, infra. 83W.C, sec. 1225; Crane v. Stevinson, 5C. 2d 387, 398, 54 P. 2d 1100 (1936). 84 W.C., sees. 175 et seq.; see sec. 2.1, supra. BS W.C., sees. 1250 et seq. Regulations are found in Cal. Admin. Code title 23, sees. 650 et seq. e*>W.C., sees. 1260-1266. ^W.C, sec 1252. 98 W.C., sec. 1300. 89W.C, sees. 1310-1317 (publishing) and 1320-1324 (posting). 100W.C, sees. 1302, 1303, and 1330. 101W.C, sec. 1331. loaW.C, sees. 1340-1342, 1350-1355. 10»W.C., sec. 1351. 104 W.C., sees. 1201-1202 ; see sec. 3.4, infra, for discussion of lost rights. |