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Cal. Water Code § 1253 (2026)

✓ current as of May 2026
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The board shall allow the appropriation for beneficial purposes of unappropriated water under such terms and conditions as in its judgment will best develop, conserve, and utilize in the public interest the water sought to be appropriated.

Notes of Decisions
Cited in 8 cases, 1955–2004 · leading case: California Trout, Inc. v. State Water Resources Control Bd., 90 Cal. App. 3d 816 (Cal. Ct. App. 1979).
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California Trout, Inc. v. State Water Resources Control Bd., 90 Cal. App. 3d 816 (Cal. Ct. App. 1979). · cites it 2× “" (Wat. Code, § 1253), and "The use of water for recreation and preservation and enhancement of fish and wildlife resources is a beneficial use of water.”
Temescal Water Co. v. Dep't of Pub. Works, 280 P.2d 1 (Cal. 1955). “(Wat. Code, §§ 1253, 1255.) That determination requires an administrative adjudication and, in any case in which the issuance of a permit is protested, it may be made only after a hearing.”
Env't Def. Fund, Inc. v. East Bay Mun. Util. Dist., 605 P.2d 1 (Cal. 1980). “(Wat. Code, § 1253.) Second, the board must reject the application if, in its judgment, the appropriation would not best conserve the public interest.”
Shokal v. Dunn, 707 P.2d 441 (Idaho 1985). “, Cal. Water Code § 1253 ; see generally 1 R.”
Delta Wetlands Props. v. Cnty. of San Joaquin, 2004 Cal. Daily Op. Serv. 6894 (Cal. Ct. App. 2004). “” (Wat. Code, § 1253; see also id., §§ 1255, 1256.”
Bank of Am. v. State Water Resources Control Bd., 42 Cal. App. 3d 198 (Cal. Ct. App. 1974). · cites it 2× “) *213 The remainder of our inquiry relates to whether substantial evidence in the record establishes a “diminished recreational value” of the Cosumnes warranting a “trade-off” or exchange for condition 11.”
United States v. State of Cal., 529 F. Supp. 303 (E.D. Cal. 1982). “Additionally, it is the State Water Resources Control Board which is vested with the authority to impose terms and conditions on a permit to appropriate water, Cal.Water Code § 1253. When the State Water Resources Control Board originally issued the permits which authorize the…”
United States v. California, 529 F. Supp. 303 (E.D. Cal. 1981). “Additionally, it is the State Water Resources Control Board which is vested with the authority to impose terms and conditions on a permit to appropriate water, Cal.Water Code § 1253. When the State Water Resources Control Board originally issued the permits which authorize the…”
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