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HomeWater CodeDiv. 2Pt. 2Ch. 6.6Art. 1§ 1440 Temporary Water Diversion Orders

§ 1440 Temporary Water Diversion Orders

Water Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1440 Temporary Water Diversion Orders

Key Takeaways

  • •A temporary change order can be changed or canceled anytime by the board.
  • •The order to use water lasts only 180 days unless canceled earlier.
  • •The 180 days don’t count time needed for checking, reporting, or fixing problems.
  • •If water is stored, the 180 days only limit when you can take the water, not how long you can use it later.

Example

A farmer gets permission to take extra water from a river for 180 days to water crops during a dry spell.

The farmer can take the water for 180 days, but if the board decides there’s not enough water left, they can stop the farmer earlier. The 180 days don’t include time spent checking water levels or fixing any problems caused by taking the water.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1440 Temporary Water Diversion Orders

A temporary change order issued under this article shall not result in the creation of a vested right, even of a temporary nature, but shall be subject at all times to modification or revocation in the discretion of the board. The authorization to divert and use water under a temporary change order shall automatically expire 180 days after the authorization takes effect, unless an earlier date is specified or the temporary change order is revoked. The 180-day period does not include any time required for monitoring, reporting, or mitigation before or after the authorization to divert or use water under the temporary change order. If the temporary change order authorizes diversion to storage, the 180-day period is a limitation on the authorization to divert and not a limitation on the authorization for beneficial use of water diverted to storage. (Amended by Stats. 2019, Ch. 678, Sec. 12. (AB 658) Effective January 1, 2020.)

Last verified: January 23, 2026

Key Terms

temporary change ordervested right180-day perioddiversion to storagebeneficial use

Related Statutes

  • § 1430 Temporary Water Diversion Permits
  • § 1436 Temporary Change Order Petition
  • § 1438 Temporary Water Change Orders
  • § 1439 Temporary Water Change Oversight
  • § 1441 Temporary Change Order Renewal

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Water Code. Section 1440.
View Official Source