California Codes

Cal. Water Code § 13263 (2026)

✓ current as of May 2026

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(a)The regional board, after any necessary hearing, shall prescribe requirements as to the nature of any proposed discharge, existing discharge, or material change in an existing discharge, except discharges into a community sewer system, with relation to the conditions existing in the disposal area or receiving waters upon, or into which, the discharge is made or proposed. The requirements shall implement any relevant water quality control plans that have been adopted, and shall take into consideration the beneficial uses to be protected, the water quality objectives reasonably required for that purpose, other waste discharges, the need to prevent nuisance, and the provisions of Section 13241.

(b)A regional board, in prescribing requirements, need not authorize the utilization of the full waste assimilation capacities of the receiving waters.

(c)The requirements may contain a time schedule, subject to revision in the discretion of the board.

(d)The regional board may prescribe requirements although no discharge report has been filed.

(e)Upon application by any affected person, or on its own motion, the regional board may review and revise requirements. All requirements shall be reviewed periodically.

(f)The regional board shall notify in writing the person making or proposing the discharge or the change therein of the discharge requirements to be met. After receipt of the notice, the person so notified shall provide adequate means to meet the requirements.

(g)No discharge of waste into the waters of the state, whether or not the discharge is made pursuant to waste discharge requirements, shall create a vested right to continue the discharge. All discharges of waste into waters of the state are privileges, not rights.

(h)The regional board may incorporate the requirements prescribed pursuant to this section into a master recycling permit for either a supplier or distributor, or both, of recycled water.

(i)The state board or a regional board may prescribe general waste discharge requirements for a category of discharges if the state board or that regional board finds or determines that all of the following criteria apply to the discharges in that category:

(1)The discharges are produced by the same or similar operations.

(2)The discharges involve the same or similar types of waste.

(3)The discharges require the same or similar treatment standards.

(4)The discharges are more appropriately regulated under general discharge requirements than individual discharge requirements.

(j)The state board, after any necessary hearing, may prescribe waste discharge requirements in accordance with this section.

Notes of Decisions

Cited in 23 cases (6 in the last 5 years), 1981–2024 · leading case: Dep't of Fin. v. Comm'n on State Mandates, 378 P.3d 356 (Cal. 2016).

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Dep't of Fin. v. Comm'n on State Mandates, 378 P.3d 356 (Cal. 2016). · cites it 2× “(Wat. Code, § 13263, subd. (a).) The Operators must follow all requirements set by the Regional Board.”

Comm. for a Progressive Gilroy v. State Water Resouces Control Bd., 192 Cal. App. 3d 847 (Cal. Ct. App. 1987). · cites it 4× “) In this case, the Gilroy City Administrator filed such a report on June 14, 1983, seeking authorization to increase the level of discharge for treated municipal wastewater into the Pajaro River sub-basin. When a waste discharge report is filed, the regional board must then…”

City of Burbank v. State Water Resources Control Bd., 108 P.3d 862 (Cal. 2005). · cites it 2× “(Wat.Code, §§ 13263, subd. (a), 13377, 13374.”

Bldg. Indus. Ass'n v. State Water Resources Control Bd., 22 Cal. Rptr. 3d 128 (Cal. Ct. App. 2005). “(Wat. Code, §§ 13263, subd. (a), 13377, 13374.”

Monterey Coastkeeper v. State Water Res. Control Bd., 239 Cal. Rptr. 3d 140 (Cal. Ct. App. 5th 2018). “( Wat. Code, § 13263.) 1 Discharge requirements may *144 be waived "if the state board or a regional board determines .”

Azusa Land Reclamation Co. v. Main San Gabriel Basin Watermaster, 97 Cal. Daily Op. Serv. 1128 (Cal. Ct. App. 1997). “” (Wat. Code, § 13263, subd. (g).) Contrary to ALR’s implicit claim, ALR did not obtain any “vested right” to continue polluting the Basin just because it has been doing so for a long time.”

Waterkeepers N. California v. State Water Resources Control Bd., 126 Cal. Rptr. 2d 389 (Cal. Ct. App. 2002). “(Wat. Code, § 13263.) The waste discharge requirements implement state policy and water quality objectives formulated in basin plans.”

Main San Gabriel Basin Watermaster v. State Water Resources Control Bd., 93 Cal. Daily Op. Serv. 752 (Cal. Ct. App. 1993). · cites it 2× “(ALR), appeals from a final judgment denying its motion for a supplemental writ of mandate to direct the State Water Resources Control Board (State Board): (1) to set aside the State Board’s reversal of its own previously granted approval of ALR’s application for revised waste…”

City of Sacramento v. State Water Resources Control Bd., 92 Cal. Daily Op. Serv. 593 (Cal. Ct. App. 1992). “(Wat. Code, §§ 13263,13377.) In the event of threatened or actual discharges in violation of requirements prescribed by a regional board, the board may issue cease and desist orders.”

Dep't of Fin. v. Comm'n on State Mandates, 226 Cal. Rptr. 3d 846 (Cal. Ct. App. 5th 2017). “( Wat. Code, § 13263, subd. (a).) The Operators must follow all requirements set by the Regional Board.”

City of Los Angeles v. Cnty. of Kern, 509 F. Supp. 2d 865 (C.D. Cal. 2007). “at 12) that the CIWMA conflicts with Cal. Water Code § 13263 (g), which states: “No discharge of waste into the waters of the state, whether or not the discharge is made pursuant to waste discharge requirements, shall create a vested right to continue the discharge.”

S. California Edison Co. v. State Water Resources Control Bd., 116 Cal. App. 3d 751 (Cal. Ct. App. 1981). · cites it 2× “” (Wat. Code, § 13263, subd. (g).) Moreover, “[a] regional board, in prescribing requirements, need not authorize the utilization of the full waste assimilation capacities of the receiving waters.”

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