Cal. Code Regs. tit. 23 § 749

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 749 - Rejection of Protest

A protest will not be accepted if it fails substantially to comply with the requirements of Section 745, fails to state a valid ground of protest, or is based upon issues which are not within the jurisdiction of the board; provided, however, that the board will allow reasonable opportunity to correct a protest or to reach a settlement with the applicant. Since an upstream water user can take water before it reaches a downstream applicant, a protest based upon interference with a prior right of such upstream user normally will not be accepted.

Cal. Code Regs. Tit. 23, § 749

1. Amendment filed 12-1-55, effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-10-60 effective thirtieth day thereafter (Register 60, No. 5).
3. Renumbering and amendment of former Section 749 to Section 777, and renumbering and amendment of Section 722 to Section 749 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).

Note: Authority cited: Section 1058, Water Code. Reference: Sections 1304 and 1331, Water Code.

1. Amendment filed 12-1-55, effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-10-60 effective thirtieth day thereafter (Register 60, No. 5).
3. Renumbering and amendment of former Section 749 to Section 777, and renumbering and amendment of Section 722 to Section 749 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).